, 1873-04-29
LINCOLN PARK ASSESSMENT

LINCOLN PARK ASSESSMENT.
Arguments of mesSrs. Daniel Shora,
Wilson. Perry Trumbull, and K1or
Lyman TEumbulI.
The arguments Of counsel in tho Lincoln p.,h
assessment case waro continued before Chic.
Justice WilliamB in the Circuit Court, yesterday
Those who have given attention to this interest
ing and important suit will remember that when
the Court adjourned on Friday afternoon, M1,
Daniel shorey, who appears In part for the OBJ
tectors, was in the middle OF his argument.
Tho additional points made by him yesterd.,
were az follows: That the assessment had not
towns Of North Chicago and Lake View, for the
corporate purposes of those towns That tha
Assessors and Supervisors wero not authorized
to make an assessment for park purposes, being
but q part Of the Boards Of Trustees Of their 1e-
spective towns. That the action Of four
men, two from each town, in leyying an
assessment without proper authority Of
Law, did not determine tho wishes Of the in
by saying that the case had shown up Clearly
that the town officers Of North Chicago and
Lake View had acted with uncertainty.
and without restraint or responsibility.
Tho only danger he feared was that the unjust
assessment might be pushed through, as the
general public, who had nothing to pay, Bas
strongly In favor OF parks.
Mr. Wilson followed for the Park Commits
sioners. He claimed that the proceeding was
not one for the collection OF an assessment, but
for its completion There had been no assees-
nent, as there was no person to whom It could
be paid until after the Court confirmed it. The
effect OF the act under which the assessment had
been estimated WAS to make the towns Of North
Chicago and Lake View park district The Law
had made the Assessors and Supervisors OF those
towns an Asseasment Board, aud had endowed
them with power to levy an assessment for park
improvements on property that would be bene-
fitted by such improvements to IN extent
equal to the amount OF the assessment.
The fact that officers OF different towns had made
the assessment under consideration, did not af-
counsel. They acted as the corporate authors
ties of the park district having been elected from
parts OF the district. An Alderman, though only
elected BY one ward, became, nevertheless, q cor
ment applied to County commissioners, mem-
bers OF The General Assembly, and corporate au-
thoritieB Of park districts. It Was reasonable to
suppose that the officers who made tho contest-
ed assessment had been elected with special ref
erence to the powers conferred upon them By
tha Constitution with reference to assess-
ments for park purposes. In answer
to the objection that the assessment
had been made by persons who lad no
knowledge Of the value Of the land assessed, OF
OF the value Of the benefits that would be con-
ferred by the contemplated improvements, tho
speaker cited the manner in which the Board Of
Public Works made special assessments When
it became necessary to make public improve
ment, the Board simply estimated the cost, With
out taking any testimony on the matter. The
their oath Of Office This was what had bean
done by tho Assessment Board in the Lincoln
Park case, and no charge had been made that
the levy was too great and the action Of the of-
GERS had not been impeached. The speaker also
explained that tax and special assessment
a burden, from which no approximate
remuneration could be obtained; the latter
meant benefit There could be no loss and
there sometimes was positive gain deriTed
from it.. In this connection he answered an
objection to the assessment, based on statu-
tory provision that cemetery lands should bs
exempt from taxation, claiming that such lands
we're not exempt from assessment, and wero
liable to condemnation when not used for the
purposes for which they were secured: It ~ap-
IN foreordination. They knew that the park
would be enlarged In Time and that their prop
erty would increase in value in consequence,
and they wanted to have it done without cost to
themselves. .-..
Mr. Perry Trumbu1 followed in brief argu-
ment on behalf of the objectors. He reviewed
and explained cartaiu objections which had been
fully reviewed and explained before by hr.
the subject.
The Hon: Lyman Trumpul Was: the next
tspeaker. lie Is leading counsel for the pro-
esting property ownets- Ho said that his cGentH
vere not foes to the establishment Of parks, or
to their improvement or enlargement. Whist
they objected to Was the unfair and unjust noans
which had been used in raising money by aasess-
Thair 7,of ha afa rin
affected by the proposed improvement, as it noW
fronts on the improved portion ot the park.
The people of Hyde Park cry out against being
compelled to subscribe money for the purchase
Of land lying within the limits OF the city. They
do not want the land, and they have no need Of
a park Parks we're not designed for country
people. They were intended for residents Of
city, whose bueiness confined them to badly
ventilated rooms during the day, and made pure
air at some time = requisite OF health and life.
is q necessity, for he finds freah aiE and health
In the pursuit Of his avocation- He would not
like to bo compelled to pay for 8 park in tho
city. This Was the view takcn BY the people Of
Lake View. They live in natural park, and
deem it hardship to be assessed nearly s5oo, 900
town limits for which they have no use. :,
Mr. Trumbnll then attacked the bill under
which the assessment had been made. While
admitting that it had been intended to apply to
Lincoln Ptrk, ne COMMENDED t1AE II Gu uos
apply to it, and could not Do made to
suit the emergency by any legal device.
He claimed that it was special aet,
and, consequently, in open and direct conflict
with the Constitution. II the Court found it 70
bo so, it would be it's duty to recognize the high
er law, the Constitution. The bill WAS undoubt-
edly drawn up with reference to Lincoln Park,
but. we're it not for the Legislative morality Of the
times and tho honorable motives OF members OF
Legislative bodies, he would call it cunuingly-
devised scheme to avoid constitutional pro
visions. If it did not refer. to Lincoln Park, to
what did it refer2 He couldn't toll. Flo might
hunt the statutes over and meet with as much
SUCCESS as Diogenes in his search for an honest
man in the market-place. II.
The speaker. MAS about to argue that tho Elu
referred to q particular class Of acts, and vzs,
therefore, local and special act, when tho Court
adjourned until 10 3. n. to-day.
BOARD OF POLICE. ,:;
Irregular meeting Of the Board Of Police and
Fire Commissioners was held yesterday after
r,oo,, ATorop IN, Ghafr {nUt-