, 1875-07-15
~HE COURTS.
The BFHroine Court Decides that
Railroads Arc Not Obliged :.
70 Construct KOnl
Crossings.
Important Deobion by Judge Blodgett
On the Priority Of Execution
Liens.


Six Residents Of Kinzio Street Want
\ $4,000 from tho CITY.
rHa DUTY or RAILROADS. IN CONSTRUCTING
GnOssIanH.
Tho following III tho decision Of tho Supreme
Court in the caao OF tho Illinois CcntrM tailrohd
vB. tho City Of bloomington on the duty OF rail-
road to build crossings over 6troets laid Out sao-
sequcnt to tho construction OF tho railroad
truck. Tho opinion was delivered by Chlot-Jna-
tico Walker:
rae railroad wss built through tim corporate l!rnits
nj tho city of bloomington III fA52. When built
Chentuut street. which runs 1t right angles with tho
' 1:oa a. raa net u fsfsn e. ns as * hs s @
BY FlAgg aud Davis The COMPANY, bofose building
e!t zosd eondomned tao Tsht Of wsy 9Tef , 1n rnGR
Their 1snds wors * thst time used Tor faIsataa p'r
poses, hut within the city until an addition va
streets were extended ni Chestnut street csoaued tho
railroad. pss. and Flagg gsye tho ey. bv snufry 1a.
tho atfeet 10 10 ocned sn rsauEc tbs railroad coi-
% & }s to es"sss It'll
Company refused to IL. and The city theEcupo t!iu
the srslns en constructed hs er9a.lnE Which cot
70 that expended tn making the os3ssna.
On q trlnl jnry was waived and trial Ind =! tho
Court Thefu being cantest To tho price paid FOR
tho work or lbs msnns. in which II was performed.
the on'y question being whsther thu Company ~ III
inR. The Court found they were, and rendered. judg
mont for tho snount claimed Tha appeal ts brought,
and queations the decision Of Tue Court below.
ton in controversy correctly WHOM hs tays thAt the
question u whether II is within the power Of the Lea.
s'ret ptoper and suitable crossings 1T strset4 snd
hishways which arc Ltd Or extended ten; soross thsr
We do not seo that atay 1utstion rztsed In the
Court below 10 Tho right OF TIC city to open tils
t aa j, Of as. question md con-
fne ourselves to thn man qncnon In tho Gag.
That tbs dc1,eai Assembly may, in granting char
al Buch companies ahall rotoFo exatanE stFeote anu
highways scroaa which tio railroad hha 10 their
T preparation s a9 admits Of no doubt And i equally
trus that. II thctr charters weFe to contain pro-
sas .na .!ecs a Systematically ioeated una pcnw
such provision would 10 binding. And II the aot-
er.l Assembly we're 70 provide by general aw that
railroad companies should mako anil keep up stch
structures 1t crossings when the rpa In bui well
~ those That might 10 thereafter laid out md opened
PEELED 10 conform to o requirement., unless exempted
by their charters Bit the charter Of this Company
seeoa of he aros law q 1sse MAXI saeh
pccs referred u .o any auch provision tn e1istoncs
Counsel for the city relies upon tho provisions Of tho
Clty Qhartar rAss0d tho 18th Of February 1861, TLe
ordtuanes ss ea "fo .eantrs .a.iroa eepanses
to construct and keep in repar Aud unotrnctcd suit
~ S' e . er Feias h. VII ill.,
aended chAref Of 1861 which also provides that this
latter act shall not deprive the city Of any Of tho
powers previously possoase under former charters ut-
less by express euactment. Interpretations, when
brought into e.1stanoe. except fnr as exempted Or
nrr ii duties 10 ths puhlle that tevoiys upon cfti
xens. When brought into e1isenoo they becone ell
owed ~ tue a. to perform the fano
and they are under tho sauls turthnns aud owo
Tho .ams gopasnl duties 70 tho public which can DO
incapable Of hcda2 endowed with pollticA rights, but
Il ha.l orsoas Tbc5 msy sue @ aa ID bo sae s son
tr.ct snd b. contracted with they may buy, sei aut
Tasg .1 e. .u S.1. y e a
. 5e obss q ssr aas'iea A but ttSSssg',as tSss .ae
political Hshta beyond that conferred by ucr char
"1s n,t ,,,v,nr N. r.ubt, of r,,n-,, r,,.,,. -
tcut aclnsed as heF creaon toy arc entitled 10 pro-
toeon ln heit rights to tho extent all natural por-
sona are IN ther EtghA. Tho sumo dutea to tho pub
different burdens cau b. imposed than ay bo 90 H.
div1dualA. auppose natural person hna tic right Of
city wore to locate aud open streot across Ills Etaht
Of WY does any ono suppose tho of Tho right of
IN ordinance In pursuance thereto 10 construot ths
crossing Of DO aroet Il ha own expense e1ea Il his
sse q tbs shs e wy would rendes the uso Of Tho
q should b eonutructea7 We proau1no no ona would
contend for tho power In that caso s1d why Is
spirit would 10 .aktng privats properly sIss y
t. the such burden. eannos bo s sposed up,o
es'f s i E IL g :, , r
brought into exstanoe, these bodies ssu Grated pyr
IONS 20 tsr a. to beeoe amenAble to tho sa1s Bur
tho Ike :: natural persona coming Into. aud
suhleet 70 Tho dossrnment but thsy only Liable
% he sans erns md oondiaos = nsipr. no esseas
hiehes uos than q natural pesson., s anloss
principle. upon which =, good eove1nnent Is eoo-
nd pr9tsesiod'. Any other principle h unjust and
Oppressive. n - @ 49,. ~
s 81 9 r. asr. easisSs n sSsnss: a. ! fn M
nt; snd pei'r4 ". Hal a lu ., Il va hed thas s thss
as sSs 'es sss.1, np.ss,nx Ra1ans ,tsss, :',ss
Sion the ifonta4e Of prorssty sa,oin,nk 'IHss tis
o.. IT, EeFngn.nt % te oon.tuon, md
ehereby. md imposed tho s4no to ho eStout Of tho
a. soa<is W. E s:t
street ta.s - REQUIRED md Tho ctty aues1ore to
ss sSs Ha0 gafd1n td 10 no.d
duiy VA rot imposed upon tho Gomrsny by tleIr
o. No ~ - wc enn aee, by any oter law thsn
IN oIiatenoe. And this batng true Tho 0oncrni A.
sstnby bad no moro power to h1 this burdea On ths
Gonnahy tlan to iInposc = similar burden upon All
aaS1naal which ws hava by tho eases 70 whtcn
1elefs9oe ~ been made caunot 10 coattuttonsi1y
oons ahs principle announced In these cases sFe COR
einslse of tals question. WhethcF tho r1aht of
~ ~ oiu of to Company, 4 % b. oonzidored 70
ar 1aoap pmolio ntorsr:y that Il need not ba ssan
soaasMhsd when stfuet highway usscn il i nnt
e.essats y III: seor Nor II lie guostioa pro
snt ~ maeaer ths e3ty having made ths improvo-
sa'i'n .a 70 iss repaired md sacs .heao
u must b. reversed. ~ .fs""'s tn0
h1Ecu17oN LIENS.
1uoSo blodgott yesterday. In the hankruntov
.nAstes OF John W. Bsesy, gayo doclsloo On tn
p.. t."1 r o. execution lens under Judgments Of
under bankruptcy proceedings. Dofo,e e,s,~
aaa neen adtndicated bankrupt, Myronbsru 4
Co' OF No" York. obtained q fudoment .a,ins.