The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1875-11-03

the authority in the constitution and act
Of Incorporation clearly extends to 1t.
The work in question il local i'm
provement and can he made by either of |
the methods provided in the act of ncor-
poration; and if made by general taxa |
ton, how could ii be said To be increasing |
tue indebtedness of the city any more |
| than IL made by special assessment or |
special taxation? In both cases the city |
incurs liability but in the very act of in /
curing liability the means for discharg- !
| ing the same are at the same time pro- |
vided for. In both cases, when the work |
| Is ordered. the ordinance specifies |
| whether it is to be made by special as
| sessmcnt or by special taxation ri con- |
| tiguous property or 10y general taxation. /
If the work were to be done by special !
assessment. the usual steps would be
taken and the assessments collected either
for the payment for the work directly or
to reimburse the city for what 1t may
have paid on account thereof.
| Ii the work were TO be done by general
taxation the ordinance would so provide.
and the cost of the improvement would
| be added to the general appropriation
bill of the city. and be levied and
collected with and as part Of the
general taxes Of the city. See section
10. article 0 of the act of incorporation.l
| IL seems to me clear that an ordinance
can be adopted. providing for the making
Of this Improvement. specifying its char
acter. locality. description. etc, aud re-
qurng the same To he made by general
taxation, in which case the estimated
cost of the Improvement would be added
to. or embraced in, your next annual ap.
preparation bill.
But, to take another view of the case,
| In ft.pt of hp mot ,,Fi IL,
seem to have had In mind emergencies
not unlike this when they drew the act.
For while hedging round and
protecting the people from care
less and hasty expenditures,
limiting the city authorize. to the cx-
penditure- provided for in the annual APP
preparation bill, they nevertheless. also
provided that the city council might or
der "bv a two-third's vote any improve
ment the necessity of which is caused by
+ any casualty or accident happening
, after such annual appropriation bill is
made See section 3, article I.
This section gives the council the right
) to order such an Improvement and by
like vote to direct the mayor aud finance
committee TO borrow sufficient amour,
e TO provide for the expense necessary TO
! be incurred in making the same for a
. space OF time not exceeding the close of
e the next fiscal year. which SUN and the
c interest shall be added to the amount
: to be raised in the next general tax levy
. and embraced therein.
e Thi, authority is full and clear and is
! strictly applicable 10 The matter now be-
4 fore you.
0 The ordinance, in such case. should iiX
i the amount 10 be borrowed, the note OF
l. interest, &c., the time for the payment OF
4 | tho uppIInI IpprnkvlI ~ ,,.t4ftI ht.
3. yond the first day of May, lS17, the end
c of the next fiscal year.
e What have said above concerning the
e prohibition contained in Section II, Arti-
l., Gle .. of the constitution Is equally appli.
/ cable, ii seems to me, to the present view
o of the matter.
n 1t could at most be called bat an appro
priatiOn OF the revenues OF the city TO be-
collected, an anticipation of the sam,
which courts have not regarded n Great
ing or increasing the Indebtedness refer.
red to in such constitutional provisions
a very similar question recently arose
in the city Of Chicago concerning the
making of temporary loans. the same t.
er be taken up or paid of by taxes subse
l. quently collected. The opinions OF the
= counsel 10 the city and number OF other
able lawyers were taken, and all concur
red in the authority of the city 10 make
/ slch loans ia anticipation OF revenues in
Il process Of collection. In their opinions
= they cite very strong authority from the
), Supreme Court Of Iowa.
This written opinion is larger than il
J.. should be, because written hastily.
i Twill only add that il would be a strange
= and an anomalous state of affairs that
would require the city to sit still, sit 81
lent as the night, watching the unceasng
ie and yoraciOuS flood washing away and
swallowing up The very buttrcsses and
u foundations of its existence. Human life,
n when threatened and imperiled. waits
e not for the weak aud .low-paced law, but
i invOkes the law of necessity. which
le though frequently said to be no law. is il
% fact higher law to which the human en-
actment-the lower law-must yield il
II recognition and obedience. This is com
81 mon sense, whatever else it may not be
JONI NJ. LANspEN.
Al CAIRO, November /. 1875.
/, The Levee Committee made the FOL
lowing report:
y Your committee desire to report tina
T. they would suggest locating the propose,
n. new levee on the Mississippi side of tn
81 city, as follows: Beginning at the eros
" levee aboye the city, ut a point about on,
-, hundred feet west of Washington avenue
~ and running OH direct lin,
=, to near the corner of Thir
- ty-fourth and Mulberry streets
~ then to the Mississippi leyee, ntersect
~ ing same at a point about opposite Thir
~ tieth street We would further recon
y mend that the contemplated levee b,
" built about same heighth as the presen
D. one, six feet on top, and the slope on out
~ side one TO three. and on inside one L
~ two: that it be built by contract aut