, 1874-12-20
THE WABASH AVENUE RAILWAY.

Tho Question Consfdcrcd In Eta Legal
ESpcct.
To he Editor Of 7rse Chicago 7r,onn::
Sin: In considering the Wabash Avenue nnll-
ray question. its legal nspec. should first be do
te1r1ined before proceeding furthor. II the lew
bo against the enterprise. the question would
seem to be settled At once at the threshold, dod-
nitsiy aud conclusively, and that must aud ought
to be the and Of tho matter 60 far at loast 10 the
Common Council is coucernod. In Tuleys City
Lava and Ordinances for 1878, Pages 2o6, 2o7,
21a coo, will be found IN ordinance passed Nov
1s, 1sc32, and the acceDtancos OF tho s2me by
tho Ch..cgo City Railway Company and the
Chicago West Division Railway Company. Prior
ordinances xe.o passed granting these Compa-
MES tho right to construct and operate horse
railways On certain Streets including WABASH
avenue and Lake street, east OF Union Park
The Council subsequently
REPESTED or THU HAsTY ACTION.
aud concluded that THE permanent interest and
welfare OF said city demand the exclusion OF al!
such railways from said Wabash avenue and
from ali said Lako stree: oas. OF tho east
line OF Peck street. and from certain
other streets hereinafter named. and
that the esmo should be kept It
al times free from such railroads." But tho
chiees previously granted these Companies TO
uso those streets be got rid Of? 1t ap-
,,ears the Companies rere indnced to give up
and surrendered al right to construct or use any
railray along tho courso Of any portion OF
said Wabash xvonuo or Of said Lake street, !" and
to enter into covenant, Under their respective
corporate seals, to aud with the City OF Chicago,
to
ABSOLUTELY REFRAIN
for all timc hereafter from constructing or
nsipc INV railway along tie course Of either
OF esid Streets as Inst named, or Michigan
aTonuc Third avanuc, Washington street, Ion-
roe street, Adams street, or " est 3aoSsor. street.
upon the condition that tho railways OF all other
parsons or corporations shall liko1lso bo OK
cluied tlerofrom now, therefore, in cons;d-
Grafton o: al and singular, tho premises OF said
re!eagc aud surrender aforesaid, and OF tho ai-
lug Of tho covon>nt by said respective Nallroao
Companies as aforesaid, the said Common Conn-
Gil do, b; virtue and in pursuance Of the saaa acts
Of tho Gouo:al Assembly OF the State OF Illinois:
| and the powers skereiu otherwise vested
by law and for th7 promotion OF the
! permanent interests Of said city, oTd.,n
aul dec1ayo that no railway tracE Shall be
| constructed or used for or during the per!od OF
twenty ycars next hereafter along the course OF
either Of the streets aforesaid. IL order to m:ke
this o1clusion mora effective and obligatory. tho
| AsoTHEn co:sD1T1oS
in Sec, 2 Of the samo ordinance providing that
| !. any person or corporation shall enter upon
! either said Wabash G1enne," ETC., " or any po:-
ton Of the came, or dig up any portion Of sald
/ HeFtfA1 BtEC1ta, VI O4AtA+ APol P~A
OF any TIMBER ties, rails, or material with the IN
! teution OF constructing any railway track along
| Tho cou,se, in OF upon either Of said streets,
! sid person or corporation, and all #ou
! shall be aiding OF abesting, shau
| be subject to fne OF 800 tor each aud erory
| orcuse.' Tuen follows the otficia! acceptance
Of this ordinance as therein provided BY tlte City
| Railway Company and the West Division AaAl.
waY Company, respectively, in vert cnpha:lc
| languase, co7enaatlng aad agreeing tnat taes
| Twill sbsolutey rofrain for all tin1o hereafter
from constructing or Using any railway along the
| course Of Nabash ayenue and the other streets
| namol. on tho conditions mentioned II saic
| ordinance, viz: That tho RAILWAYS OF I'll othel
nersons or corporations Bhall liteTiae be ex.
cludei theretror;" that tie penalsios provides
ir said ordinance for violations thereof shall be
| enforced. and that the city shall carry out Il
GOOD faith it's provisions far as l. il concerned
Hence it follows from tbs foregoing prcmlsoa
| Fiyst-That theroi2
4 COVENANT n THE FORM or AE ORDINANCES
and Official acoeptancas thereof subsiatiog be-
twoou the CITY OF Chicago, party OF tbs dss
mart, and tho City Railway and West DlF1s1ol
itailwaY Companies. party Of the second part
de!ibnrs.elY entered into and ratified Nov. 70
| 1868, to last 1t least twea:y yearB,-til Nov. 16
18s3.-aud to. ali time, unless disaunulled D:
the uu:ual action and consent OF tho contracting
parties thesaos after the expiration OF tho t"en
ty-yeat period.
Seoond-Taat to pass the Ordinance noT pand
iur before the City Council, OF nay osha: o:dt
usisct foS sAlaWRr On WabAaa ayennet roala T.