, 1875-03-14
against the improving Of Jefferson street. The
Court had already confirmed the assessment,

against tho improving Of Jeire-son street. Ths
Court had already confirmed the assessment,
and the ordinance could not TO repealed.
| Notions for nav trials ic assessment and cou
demnation cases was postponed On tho 18th lust
| On account OF other businsss which had preccd-
ence. They will bo Lca,d On the 20th inss, before
| Judge Jameson.
| Now that tho North Avenue Railway ordinance
has successfully run the gauntlet Of tho Com
mon Council the West Division Eailnay Com
| pany refuses to avail themselves of it's pri7i-
| leges, and the property-owners in tie vicinity
arc look1ng up company who will accept OF it,
| The reason assigned is that the ordinance re-
| l1lres the CoaapanT to para and :eEeve between
| 10.
By request OF tbs city Authorities to the
| Judges Of the Circuit Court, Judge Booth will
| hold the next term OF tho Criminal Court, com
monclng April {, in the place OF Judge Jameson
wig wno II Nas q assigned for thas term. Judge Dooth
| the change is tc have the nearborn-ssreet a.
| sessmen. caee, which is now pending before
Judge Jameson, and which it Is probable will
occupy moro timo than the remainder Of the
present term, tried during ono tern, OF court.
| The hearing Of tho case is Get tor GIarch % in
| tho Superior Court
Tho Committee On Polics will meet at o'clock
MONDAY afternoon iu tho City Clerks Office
The subject under consideration is the contract
Tor night scaxenger work recently awarded to 4
Dentaher by the Board Of Health, and which
was submitted to the Council for ratification.
Considerable objection is manifested by the old
scavengers, and they intend to press ths Council
not to take the business out Of their hand, for
the purpose Of putting it in those Of any ona
man. committee, headed BY D. B. Moore are
lobbying for the defeat Of the contract, Ths
Board OF Health claim, and they are supported
by many of the Aldermen, thai under tae OH
system loads OF offensive matter wero couna-
ually being deposited inside the city limits, and
it Tas impossible to fix the blame On any ons
man. The ordinance fixing the peualt, was
rarely il ever enforced. aad The Doard uas w
obliged to put up with innunsrzblo complaints
about the Work. Under tbs new system all
uight-scavenger uorE must be performed with
oderlesa machines between the houra Of sunrise
and sunset.
THE couaT-uou3E.
Tho following opinion from judge Dicke7
Corporation Counsel, Will be delivered to the
Common Council at their nozt meeting:
an instructed by your resolution Of tho sh inst
to give opinion to what staIs neceasary for
with tAa erection of tho dty's portion af the Court
House.
AZ TO tbs powers Of tho Common Council in this re-
gard, bog leave to refer to opinion from slis
On psge. SIS of csunel Proceedings of 1s;3-4
to tho e1 puros nsasioa
cd In your resolution Of the sth int would to b.
that tho Board Of Public Works be ordared to ooeo
the work It may be deemed advisable to put under
contract at the present time The Council may pre
adopt plan- It will DO remembered that there IL
agreement betwea the city cnl county to adopt such
p.su shan preserve tho symmetry ex.srally Of tho
Ehoie buldinz. Tho selection Of p!2n In behalf OF
tho city {whethar done by the Common Council .to
Board Of Public Works. SHOULD be doaa in cooperation
with the county authorities, far the external ap
anf$A $AA hr 1{rYi iH rnnf
T. L71z DrcKzx,
Counsel to the Corporation.
It will be remembered that there IL agreement
between the city aud county to adopt such plan shall
preserve ths synmetry externally Of the whole build
ing The selection Of p1aa in behalf Of It's city.
Of Public Works. should he done In co-orcration with
the county authorities iar the external apQear
anoe Of thu building il concerned
EoB-TAII. CARS.
Judge Diekey has prepared the following opin~
In response to your resolution Of tho sth inst call
ing for opinion in writing in relation to sec 81,
S. beg leave to say that, in ms opinion under Sec.
TO- of tie act OF Feb l3 13c3 providing tha: the Com
The running of horsersnvays md to requisite tho
Council may lawfully paas any reasonable ordinance
for tbs protection and e,afort Of paasengers on horse
500 reasoa therefore, to qoe,tioa the Va
hdity OF the section to which attention il cslcd.
not 20 cs that iii, ordinance in suit Tor penalties
fur III violation will be he1a by the courts to require
the snploJnen. by the railway companies Of two PEI
soas. Tho ordinance i : pans! ordinance, and like
all penal statutes must Es construed strictly. TIE
oftnxucs requires the to b Il In charge Of
and under tho control Of soe competent conductor.
It does expressly provide tha. tho driver shall not
be the conductor, thxt the conductor shalI bo
person other than the dr7er The ordinance docs not
exprassEy require the prsaance OF two persons. TIE
driver Of staSp eIch tho driver Of omnibus is
to al ntsts and purposes the conductor Of the veu
elc. The conveyance is in his chargo aud undeT his
control Before tho passage OF this ordinance. cars
wers in nse On hnrse-rAilways IN several cities in
rhis country. IN charge o{ but one person.
And be dfova the horses. Il his dnty,
In the csse Of sage-coa:hes and onnfbuses to
foroe proper department the part Of passengors
and to eject Ill persons not entitled to remain IN tho
conveyance, by 1cason Of failure to pay fare or
by reason Of disordoray conduct other adequate
CAUSE Il may well bo Unlisted that il, by the passAgn
Of this ordinance Il had been Intended to prohibit
tbs use Of carr urlesa operated By two per-
sona, hRguzgs explicit woald have
been used The objective point Of
tho section may not unreason2h]y be
held to b tho competency Ct the conductor. and not
that he should be person oher than the diver If
your Honorable body Of opinion that such cars
should bs under the control o. conductor other
than the driver and thu. the presence Of two
should b. required, act 1nerely driver, and
to act conductor, It Is my opinion that pro-
dnco would suggest tho passage Of sIohar ordin1nes
On hta eohjsd uoEe explicit IN its terns.