, 1873-01-22

ford to injnro tho city, for theif interests woro
identical. Now, II tho railroads constructed tho
did not bolloyo tint tho city authorities would
demand that the railroad companies should con.
| struot aud maintain tho whole Of tho vIalucts.
lle d!d not think that. tho ee!ty, could tenr
law to nussatn 1t. Ho did not bolicvo tho olty, IL
Il had tho powor, would resort to auoh remedy,
| for tho asreets whlol aro now obstruoted by
mostly opon prairie. Tho railroads vantod the
o1tont warranted to contribute = to tho construo.
ton Of tleao yiaduots. THO proposition was
Of stono and iron for ali ting, .ad that tic city
should maintain thesnfor all timo. This was
just and right. But because new roads had
como into tho oity OH harder torms than thoy
bad. he dd not 800 why tho old roads should bo
through tho prairio. .Tholr tracks wore son on
their own grounds. excopt whore they crossed
tho streets. Ho understood that tho
terms or suffer from tho police regulations. The
companies had adhered to thoir part Of tho con-
tract. and expected the city to adhere to thelra.
AID. Woodman inquired who should pay for
the damage on both Bldoa OF tho Yiaduct.
Mr.. Walker aaid there would DO no land dam
aBos. II thoro wore they would bo duo from tho
city. Tho city built the yiaducts, tho railroad
companies being only tho ngonts. -.
NH. TELLEY SAID
tho Constitution OF 1870 Ind evidently made tho
question Of damages: mitch wider. Whothor
damagoa would bo involved ho had not yet con-
slaGrod T. IGwa there could be no damages M
railroad companies build tho yiaducts
land ho Ind no doubt Of tlat)
It hnd tho power to mako tlom pay for any dam
ages they incurred in doing 30. "a police rogua-
tion could be nlndo requiring them to build via.
ducts, and tho ordinances of the city could bo
mado etYootual by tho police of tho city. He did
not think 1t m acknowledgment Of weakuoHs,
but rather belief in right:
ho had listonod With pleasure to to tho expression
gontlemon % Would not have % boen summonod ; r hero
had not tho city authorities previously insured
es own sd TINT @ h9 had h t.
posed that they worc good enough lawyers to
know that tho city huthoriticH could compel tho
removal Of that which endangered llfe. Concod-
Ing that, thoy conceded all. -
pei tho railroads to take up their tracks and re-
movo them.
Mr. Medill oallod attention to some Of tho
powers extended to tho forty-ninth olauao Of
Chicago shall hayo power to regulate and pro-
hibit Tho use Of locomotive engines within the
city, md require locomotive engines to bo pro-
PEELED by other power than steam." It Was not
companies to build viaducts. Nor could thoy
arbitrarily compel them to build viaducta on tho
prairie. Ho would call attention, also, to the
eixty-fourth power Of tho city, providing. na
follows "To make, publish, ordain, amend,
and repeal Ill such ordinances bylaws and
police regulations, not contrary to tho Consti-
tuition Of this State, for tho good government
and order Of tho city, and tho trade and
commerce thereof, as may he necessary
or expediont to carry into effect tho powors
vested In the Common Council, or any
officer of said olty by this act; and enforce OBJ
police and other regulations, made In pursuance
Of this act, by pennltios not exceeding $100
against the same." The Mayor continued, that
tIore were 40, 900 people in the city boforo o
milo Of railroad was built. Tho Council had
no right to barter away tho public thorough
faros and the street crossings wero never Ta-
Gated. The oity could regulate tho speed Of tho
trains-bring them down to three milcs an hour
on tho p1ea Of public safety could prohibit tho
uso Of steam ia tho city limits, If necessary.
This could not be oontroyerted. The railroads
agreed to build tho bridge, but not tho approach.
Ho could not sec that their duty ended
there. II tho city had the power to mako the
companies build tho bridges. they could make
them build d roadway to get OH to that bridge.
Otherwise the bridge would DO worso obstrIo-
ton than over. It Was q acompromise oven to ao-
copt the viaduct from the railroads. The ascent
was matter OF dragging tho commoroo Of tho
city sixteen or seventeen feet. It was too much
to ask Of the city to build the viRducts and to 90
over them too. It was too much. With regard
to damages, the city must bo ut q heavy loss.
equal to that Of tho railroad companies. He held
1t WAS to the interest Of the railroad companies
As soon as viaduct was built, tho companies
tneH tIhlns laetoI. "ou1o escaFo' VI LILY Gon-