The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1876-01-14
CITY COUNCIL.
Adjourned MecttWg.


A petition from Mrs. Mary Gailney w"-
presented and read. aud on motion, re-
ferrcd to Finance Committee.
The clerk presented delinquent H.
cense lit. which. Oh motion. wa, referred
to the city marshal. with instructions to
notify said parties. aud all other parties
not ON the list. to procure lircns" NJ
once.
Alderman Nocum offered the follow
ing resolution
R,soicsd, That section No. H., Of ordi-
nance Z. I've amended ~ ~ To real. III
cense to sell anI retail vinous. spurious,
aud fcrmentcd liquors IN les puahlty
than one gallon within the limits OF the
city Of Cairo. may be granted any per-
son or persons upon the payment iht"
the city treasury the sum of two nun
dred dollars per annum, or one hundred
dollars for eacl, six months oi each year.
ending July lst. and January lst.
Alderman Pateir moved the resolution
be adopted. and the Ordinance Commit
tee be instructed IT, draft an orlinanc" in
compliance with the resolution. Carried
by the following vote:
Ayes-Ianca>tcr. Parker. Paiicr. Saup
and Nocum-j.
Nays-IIalliday, Nclli>. Hi'tenhouSc.
Thistlewooi and Wright.
The vote being tie. the mayor voted
In the affirmative.
The Ordinance Committee reported the
following ordinance. lin accordance with
Alderman Nocum's resolution without
recommendation thereon.
Be IL ordained by the city council of the city ol
Cairo: . - =,
section l. That Section number A. of ordi-
nance number be- Amcuded 80 AS l" redu, IT,
ceuse to sell AMI retail yinous, spurious anu LEI
mrnied liquors. In - less quantity thsil one gal-
Ion Within the limits Of ihecity OF talro, may De
granted TO any person or persons upon Tue l,l!-
ment into the city treasury Of the rum ol TWO
hun lred dollars per aunum OF Que hundred dol
lars for each six months vi cirh year ehilhs
July | and January /.
On motion OF Alderman Halliday the
rules were suspended and the ordinance
placed upon its second reading.
Alderman Saup moved the ordinance
be adopted. Lost by the following vote;
Ayes-Lancastcr Parker, fatier, SalIp |
and Yocun.-5.
Nays-llalliday. Nellis, i'ittenhousc'
Thistlewood and Wright.
The Ordinance Committee TO whom |
we're referred the following ordinance;
DE It ordained by the City Council of the CITY Of
Cairo
That the Cairo and St Louis railroad company
he and 1t is hereby permitted, authorized and
empowered II II shall at any 'iIhe withln eiShi
months hereafter choose 80 do, to enter upon
the new leyse now being constructed ~ Tie |
city from the cross leyee :" the Mississippi |
i~,.e. aud To lay thereon owe OF more tracts Tor |
railway purposes. aud 10 use aid lcvee |
ivr such purposes 50 long ~
.aid company shall choose 40 To- DO, doing no
damage thereby 10 SAID leyee, and at all times
during such occupancy pfoi.ciihs ,al' ielee
from damages ooa,soned 10y overflow and rams;
hra, paying To sai. CITY lor such right Of entry
hereby permitted and authorized, 80 lar ~ the
sity can give such permission and authority, to
cross with its tracks at grade the eros, e''e at
ihs point where said new leyee joins said cross
lryee, doing no damage Ia laid cross le,ec there
by)--reportsd the same back with the following
majority aud minority reports
MAJORITY REPORT.
To the Mayor ant city Council Ut the city OF
cairo
GENrLEMrN: Your Ordinance Com
mittee, to whom, nnder the rules. the or
dinance relating 10 granting right OF
way 10 the Cairo and ~. Louis railroad
I,.rrcd at the regular meeting ot the cOlln-
ell held Tuesday. january II, lSII, beg
leave to rcpor, thereon a. Follows:
First, \ our committee are advised BY
ih. city attorney and other counsel
learned in the law, whose opinions are
hcrcunto annexed, that under the Goth
subdivision Of section %, article J. of the
General Incorporation Act, the charter
under which This council only has au-
ihority to act. the city council has no
power to net upon said ordinance, for the
following reasons, VIZ
l,t, The clause q the city charter
above referred 10 expressly provides that
the council ".hall have no power 10
grant the Use al any street of The city 10
any railroad COM
pany, ,rcept upon a petition Of the own
"rs OF the land representing more than
one half OF the frontage al the street. or
% much thereof "a, j. sought 10 be used
Tor railroad purposes. The council j.
therefore excluded from consideration of
any ordinance granting the right OF way
IN, or use OF, any street OF The city until
petition a. above j. prcscnted.
2nd, The new lcyec j. being con-
.iructed on New leycc street and il "A
portion of said street.-The only title the
city having in said levcc being through
lis ownership of said I.cycc street n died.
icatcd in Il certain pla, which Ia, been ac-
ceptcd and approved by Til, council
therefore the right Ia use new levcc must
be through grant Of right OF way over
New leyce street, legally granted; fur
tier, the only public grounds the city
has power TO grant the right OF way over
10 any railroad company within the city
limits, !, over ,treet ~ provided in the
charter above referred 10.
Src1ld, ! our committr are also adj
Ni-cd and believe that the granting oi the
permission by the council 10 use new
leree, or New icyec street. er.epi upon
petition above referred 10. tn amy rail
road company would not give a legal
night 10 use said leNcc or street and that
The city IN granting an Illegal right would
thereby involve itself in legal compiled.
ton, which it il DESTROYS 10 avoid and
which might cndangcr The speedy com.
pletion Of the new leyec aud furnish
ground to any citizen 10 enioin the carry.
ing out OF snch Illegal ordinance.
Third. The ordinance provides no So
curity for the covenants therein containo,
To be performed on the part OF the rail
road company, and provides DOR II,
forfeiture Of rights for failure. TO keel
and observe the ordinances Of the cit
and the agreements Of the railroad com
pany. lpon the passage of the Ord
nance the city Will have parted with nj
right, and could make no further agree
nenis or impose further obligations OF
the company.
Fourth. The ordinance beinor illepa
any covenants contained or forfeiture
provided for would have no legality an,
could not therefore be enforced
FJfh. The railroad company by IA,