, 1874-12-13

dezBtnud. So for as personal assaults ar
concerned, such arguments" are only wasted
upon us, rs We hare no answer to make tt
| them.
TIE WABASH AVENUE RAILWAY.
At the last meeting Of the Common Coun
ell a resolution was adopted asking that any
person or number Of persons ready to pay the
city 100000 for the right~of-way to lay
horsc-railroad truck on Wabash avenue put
in their propositions md bonds within the
next ten days. We understand that compa'
ny has been hnstily organized to ask this
| right-of-way, in addition to the proposition
already before tho Council in the name OF
Messrs Charles Fargo, Potter Palmer, and
| others aud VIC presume the new combina-
| ton intend to propose compliance with tho
Councils resolution, and offer the city a
bonus This sort Of procedure is apt to be
Elusive. If the gentlemen who have
already asked for tho franchise in
tend to build the road, aud the peo-
pie want it, it is much better that some
continuous obligation should be given by
them than tlat the city should accept a bo-
nus, or promise of bonus, from persons
who may never lay q rod Of the track, and
then, Of course, never pny the city dollar.
It must not be forgotten that the people in
interest arc the property -owncrs Of Wabash
avenue, SO far as the right-of~way is con-
ccrned and, if there is to be any valuable
consideration for the franchise, it ought tobo
OF nature that would especially benefit
them. It would nanifesty be fairer cou-
sideration that the Company shall keep tho
street in repair than that it shall pay $780,
600 for the right-of~way. The latter is
simply comparatively insignificant bo-
nus, which will be speedily swallow
ed up in the City Treasury, while
the former wonld be of permanent value,
both to the property-owners on Wabash ave.
nuo and the city at large. What the Council
should be particularly solicitous about in this
matter IS that no conditional consideration
shall induce them to give franchise to par
ties that they may sell it out to existing horse
railway companies, and thereby defeat the
purpose of having railway lnid on the street.
Either the people desire horse-railway on
Wabash avenue or they do not. If they do
not, the Council should grant no franchise
whateve1; but, if they do, the franchise
should be granted TO persons who will proceed
to build the road and not sell out their fran
chise.
There is another element in this matter
which ought to be determined before tho
Council proceed further. In 1868, the Com
mon Council entered into contract with the
existing horse-railway companies that Wabash
avenue and certain other streets should be
kept free from horse-railways for the term Of
twenty years. The consideration for this
agreement Was tho perpetual cession Of the
on these streets which the exist
ing railway companies claimed Last snnl-
mer, when the horse.railway question was
first agitated with reference to Wabash ave-
nue., the City Railway Company claimed that
the city had no right to grant franchise to
them or any other parties by reason of this
contract. The question YVES referred to Mr.
Jameson, the City Attorney, who gave it as
his opinion that assuming tAit contract to Be-
ralM, the city could still give the ex-
iSttiing company the franchise by agreement |
of both contracting parties, cr to any other |
company with the consent Of the present I
railway company. Of course the City Rail
wey Company viii not consent to the build |
ing Of parallel road by another company, if |
they can help it; and we presume they will !
not build it themselves unless they are pre- |
sented with the alternative Of doing this Or
having q competing line. But there is some |
question, We believe, as to the validity Of the |
contract Of 1868, arising from the nature of
the consideration given by the existing COM
pany, and also as to the power Of tbs Coun-
ell to bind the people Of certain streets to |
these conditions for long term Of years. |
Il for twenty years, why not for hundred. |
or for two hundred yeazs2 At all events,
the validity Of this contract should be deter
mined before the Council go any further. If
the City Railway Company virtually controls |
the avenue for nine years longer, it is better |
that VIC should know it, and thus end the |
matter.