The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-03-07

| oAoiSSuiu OioiuuuCesy huu uOt
ance with the letter and spirit Of either.
And your orators further charge tina
tho passage, OF the ordinance last nforo
sa d, and the laying down Of said tracks
upon sad Commercial avenue, below
Twentieth street, Is = violation OF section
80, Of article o, of chapter rs, of th,
statute of the state OF Illinois, entitled
"Cities and Villages" in this that there
was no petition vi the owners OF the land
and iots, representing moro than one hall
OF the frontage ON SAID Commercial ave
nue., presented 10 or received by the said
city council, before the passage OF the or
dinancc last aforesaid. That on the 7th
day of January, 1873. the inhabitants and
citizens of the cily Of Cairo, voted upon
the question Of, "ior and against city or.
gan,zati under the general laws" and IA
majority was largely Ior organization un-
der the general laws. And tho law nfore-
.nld was Ia full force in said city, before
the passage of said ordinance, IN the lay
| ing OF trat ks ON said avenue below Twon-
| tie,h street.
And your orators further represent ana
charge that the racks, switches, and turn
outs and the standing cars thereon, and
making up of trains, and switching on
said avenue, MS above set furth are de-
scribed AS great Liuderances, annoyances
ana nuiances to the use aud enjoyment OF
ths said avenue by the people OF the state
Of Illinois. And your orators further
charge that switching and making up OF
trains upon said avenue is dangerous to
lie, limb and property aud an irreparable
injury 10 the public right upon said street
There is no such remedy at law as will
protect the public right against the
usurpations end encroachments OF said
Cairo and Vincerncs railroad upon said
Commercial avenue.
Wherefore in consideration Of the fore
going. your orators would respectfully ask
that the Cairo ana Vincennes Railroad
company be made party defendant TO this
bin Of complaint, and that they be re-
quired TO make full and complete answers
thereto.
That writ of Injunction DO awarded
against said Cairo and Vincennes Railroad
company, its agents, employees and attor-
neys, prohibiting them from the further
use OF Commercial avenue fol the loading
and unloading of cars; from standing cars
thereon, and from making up trains upon
said avenue, and from using said tracks
in any way and for any other purpose
than for the transit of cars and trains over
said tracks TO and from their dcpots and
grounds, and from switching cars or trains
on said avenue, AMI from making any use
of said track upon said avenue that will
impair the public right and the use there
Of or in any way hinder the public in
the proper enjoyment of said street or
avenue; and that upon fall and final
hearing OF said complaint, YoE Honor,
will order and decree said railroad tracks
n nuisance, and order the same abated and
removed and the said Cairo and VIM
cennes Railroad com pany be perpetually
enjoined from any further use Of said av-
enue and that the said Cairo and Vim
cennes Railroad company, be required
within reasonable time to remove nll
tracks, switches and turnouts
thereupon, and place said
said Commercial avenue, in as good order
and repair, us it was before it
was taken possession in the manner afore-
said, by the said Cairo and Vincennes
Railroad company, and that you grant to
your orators, such other and further re.
liet as your honor shall seem meet and
Just; and your orators will AS in duty
bound ever prey DC. T. Ii. Pope states
attorney for Alexander county. The fol-
loWlUS 10 tuo oTueE VI bue couiS uWaio'bS
the injunction.
At chambers in the city Of Cairo, ILL
nois, March 9th, 1873. Uupon examina-
ton of the within bill it is ordered that u
writ of Injunction issue epjoinihg and
prohibiting the Cairo and Vincehnes Rail-
road company, its agents, employees, and
attorneys from the further use Of Com
mercial avenue in the city of Cairo Illi-
Bois, for loading and unloading
cars, from cars standing upon
said avenue, from making up said trains on
said avenue, from switching Cars or trims
upon sand avenue, and from using tho
railroad tracks on said avenue in any way
and Tor any purpose other than tor the
transit of cars or trains over said tracks,
except AS follows, to-wit The said railroad
company, shall until further order, herein
have the privilege Of using their tracks
south of, and below Sixth street, for max
ing up trains and Witching, and of using
tracks below Fifth street, Except at
street crossings) for storing and loading
and unloading cars and Of using their
tracks between Seventh and Eighth streets
(nll street crossings being left free) for
standing passenger trains and for such
reasonable length of time as may be- nee
essary, on the arrival and departure Of
such trains. DAVID j BAKER,
Judge Of the Nineteenth judicial Circuit.