The Rock Island daily Argus. [volume] (Rock Island, Ill.) 1872-1873, 1873-03-24
~ inanenced BY other considerations than

a potetr necessary fer the comfort, eo"te"-
teRre and safety Of tie pHbltc; thai 'he
charter of the Ferry Co. provided that II
should move from place to place as the
necessities or convenience Of the Puplic
should require that the charter dld not
leave the necessities or convenience OF the
public to be judged Of by the Ferry Co., but
expressly left it to the city, through Its
I City Council, whose Judgment was con
elusive and could not be reversed by the
courts, except for what the law denomi-
mates fraud
). That the Constitution OF the state
provided that every private or local act
should have but one subject and that must
be expressed by its title, that the terry
charter was a private and local act; that
its title was An act for the relief OF the
heirs and assigns of John Wilson, deeeas-
ed, and the subject was -chartermg
ferry company for ten years lie SAID
that courts would always pronounce an act
unconstitutional where its subject was not
fairly expressed by its title, amt the test OF
its canstitutionality was not only the title
but the intention Of the person who pro
cured the act The act chartering ferry
company between Rock Island and Daven-
port passed in 1851 not only did not
grant any relief to the heirs and assigns of
John Wilson or anybody else, but 1t provi-
ded that no relief should be granted. The
fact is that no relief was needed asked
/ for, or granted, for neither John W. Spen-
Ger. Thomas j. Robinson or James Grant
needed any relief The whole intent and
object Of the act was to create and estab-
/ lish an exclusive ferry monopoly between
Rock Island and Davenport for Robinson,
/ Spencer X Grant, for 10 years from 1861
to 1871 He said that the subsequent or
present charter, passed in 1857 was also
Illegal and void for the reason that it was
simply an extension of the Illegal act Of
/ 1851, passed under the title Of An act 10
amend an act, etc. etc; the charter Of
1857 being illegal and unconstitutional, of
course the amendment extending it is also
unconstitutional and void Mr. Jackson
had claimed that the title If the charter
was such as TO provoke inquiry into the
subject matter of the bill In reply TO this
Mr.. Osborn said that the only reason it
should provoke inquiry Wa that it was 4
suspicious title but the question could
not be decided upon such arguments-it
must be decided upon the question of con-
stitutional law He declared that = person
Is only entitled to relief when he has suf-
tcred, and the person to whom a charter is
granted cannot be said to have sui
fered because the time for which his char
ter or privileged MONOPOLY was granted IS
about 10 expire.
Mr.. Osborn reviewed all the cases
where such acts had been passed upon. and
he showed conclusively that in every case
the persons benefited were entitled 10 re
lief, and that such rehet was the only thing
provided for in the act And he concluded
with a powerful and well sustained assault
On the acts for ferry charters passed in i $40
1857, and 1867, as conceived in fraud and
brought forth il iniquity with intent Il
f deceive the public and the Legislature, and
. as unconstitutional and void In the
/ course Of his argument he referred to the
, often repeated allusions of THE ARGUS
t to the relief Of the poar Leirs of John
, Wilson as an ILLUSTRATION Of the common
Judgment Of all persons IF common sense
showing that no person IF common senst
b would suspect or conceive the object OF
such art>.a, they were then read in the Leg
t islature only by their ti.ie. He said thai
2 should Congress pass al act entitled Al
{ act for the relief Of G. NJ Osborn anl
4 that act simply granted him an exclusiv,
j right 10 build a railroad from New Yori
f to Chicago it would be just as sensible an,
e just Us legal, for it would be worth million
/, Of dollars to him and he wanted that kinC
Of relief
f He read numerous authorities, in tn
It course Of the discussion # the case. bear
e ing upon all the points claimed, memor
andum Of which we did not take. Q
It course in a short and imperfect article
y like this. we cannot find space to argue
e but only to state the case The argument
/ occupied two and half days. The earl
Y part Of the argument We did not hear, bu
It during the last day Judge Peasants kind
r, permitted Us to look over his minutes t
/ see the line Of argument which had bee
e pursued.
d In conclusion we cannot refrain frol
= suggesting to the Poor Heirs that the
lie consider well this constitutional question
ie and that if they are not very sure of Ii
ie ground they stand upon, they take GOO
'. care to keep out of the Supr me Cour
n where that question will be finally passt
d upon In the present state Of public fee
lie ing, that court will be very sure to 5;
Ic that the Poor Heirs have no charter b
Is cause they attempted to deIude and d
IF ceiye the public and the Legislature a,
set at defiance a wholesome and mandate
r clause Of our Constitution. Then Il
Of rights Of the people, which we, for so mai
e years have contended for, will very like
be indicated
ID Of course We cannot indicate VIII
rs Judge Peasants decision will be given
to the public but we venture to say that
5, will give the subject his best and earle
IN attention, consistent with his other dutie
b. BARLows INDIGO BLUE.-This is d
in signed especially for bluing clothes.
Z, dissolves perfectly clear, and will not set
he on the clothes Is warranted to color mo
n water than double the same quantity
in indigo, Be sure you get the genuine, ~
it pared by D. S. Witberger, 233 North
Nv street, Philadelphia For sale in Rock
v lana Dy all dealers, 3-7deod6- m.
IN a PARAGRAPH FOR DYsPEPTIcs.
e II you hrye weak stomach, and wish TO max,
n weaker, take violent purgations There is no su