The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1875-11-03
CITY COUNCIL.
COUNCIL CHAMBER
G.tpn M. Nov 1871

prcscnt-IIis Honor Mayor Winter
and Aldermen Halliday, Lancaster. Nell
lis, Parker, Rttenlousc, Saup. Thistle
wood. Wright and Iocum-9.
The Finance Committee, who We're in
structed TO consult with some legal talent
in reference to the authority Of the city
to incur further Indebtedness, reported
the following communication from Hon.
j. NJ. Lansden, which, on motion Of Al
dcrman Wright, was received and or
dered filed:
To the Honorable Mayor and City Council ofthe
City Of Cairo.
GENTLEMEN Having been requested
by your Finance Committee to give an
opinion concerning the authority OF the
council 10 provide means for the build
ing Of levec or cmDankment in the
westerly part of the city, beg leave to
submit the following:
In the first place, shall assume that
the work, or Improvement, is conceded
to be, in the highest degree. necessary I;
that ii concerns not only the general
welfare OF the city, but that ii. very exist
ence. as Il city, is, TO no small extent,
| involved in the matter.
But great rs the emergency is, loudly
| as the necessity or instinct OF sclf-prescr-
| Walton calls for action, corporations UNI
like individuals or natural persons, must
look for their authority to act, aud find
ing none, can take no action.
| Had this accident or casualty occurred
| or been in contemplation last summer,
when 70 annual appropriation bill was
| made up and passed, you would haye no
| doubt provided for the expense of the
| contemplated work or improvement, Just
as you therein provided for other ex-
penses and liabilities to be incurred or 10
accrue during the coming year.
There can be but little doubt but that
you would have had the right TO have
embraced among tho various items Of
that appropriation bill AN item Tor the
| erection or repair of levces. For sub
division ~ OF Section ], Article 3, Of the
act of incorporation gives you the power
''to erect and keep in repair public land
ing places, wharves, docks and lcyccs."
The expenditure although made nee
cssary by casualty or accident. and
although occurring for the first time
under such circumstances, would not be
unlike many of the other expenditures of
the city heretofore made, aud
hereafter to be made. IL is not I'M
like that for the constructing
and repairing of sidewalks, grading
and filling OF streets, keeping out, or
preserving the city from sipe water, and
| SO forth-thc question always being, is ii
| corporate purpose! does il concern the
general welfare OF the city?
The constitution authorizes the Cen
! eral Assembly to vest "cities, towns and
villages with power to make local i'm
| proyements by special assessment or by
special taxation of contiguous property,
| or otherwise
The act Of incorporation under which
the city is now organized, in pursuance
of this constitutional provision, ciyes
you the power to make local improve
mcnts by special assessment or by special
| taxation, or both, OF contiguous prop.
erty, or general taxation, or otherwise,
| As you shall by ordinance prescribe.
Under this power you have, time after
time, been making local improvements,
making contracts, mourning liabilities,
| and that too, without any reference to
the limit OF our general city indebted
ness and properly so, we think; for
although the city, by such contracts.
binds itself for the payment OF money,
and otherwise incurs liabilities thereby,
yet such corporate action cannot be re-
garded as increasing the Indebtedness OF
the city within the meaning Of the prohl-
bition of the 18th section OF article 0 of
the constitution.
Moreover under the constitution and
The act of incorporation, you have the
right TO make local improvements
by general taxation, and the local i'm.
provement, in any particular
case, need not he upon any street, avenue
or other public place Of the city; it may
be situated anywhere in the city, perhaps