The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1877-10-04

and II was By the court ordered. ad.
| Judged, ard dccrecd THAT the delend-
| ant, the civ OF Cairo be forever CnjOinCd
from taking, receiving or collecting any
wharfage compensation from any steam
| boat, ilatlDat, kcelboat or any other
craft for landing, moorln2 or receiving
| or dlscnarllng any freight or passengers
on the wharf or landing opposite the
city OF Cairo and between Levec
street IN sid city and the Ohio river;
and aso that defendant, her ser,
wants and agents be perpetually cnjoined
from collecting or attempting to collect
from the Wmplalnants (laylor g. Par
sons or thdr servants or agents any fine
or penalty Tor demanding or receiving
any sum or sums OF money Orany yalua.
able thing Il the agent, master, owner or
owners of any steamboat or other water
craft for the privilege OF landing or lay
ing at the wharf OF CAIRO within said city
| limits
Third.-UpCn careful reading and
consideration OF said proposed ordinance,
in connection with the opinion Of the su.
preme court in SAID case Of Ensmingcr VS..
! rhe People, &C., and the record Original
| bill, answer Of city and final Judgment
and decree fer perpetual iniunctiOn) in
sand case of Taylor q Parsons VS.. The
City OF Cairo, which decree and injunc-
ton are still 10 full force and res adjud-
icqta as between SAID Taylor " Parsons
and the city, its agents ana servants, |
am OF the option that the former case,
settling US il Dies the law OF this State in
regard 10 private Wharls, riparian owners,
aud their right to make reasonable
| charges and collect them tor the use OF
such wharls and their soil bordering upon
| the river; AMI the latter case settling rs it
does the ownership OF Taylor & Parsons IN
and the rive front and Wharis at the Port
OF afro are conclusive as against "the
legality OF said ordinance and the right
OF the city to pass the same"
It's not chimed by the city that it has
ever since the rendition Of said decree,
etc., in suit If Taylor aud ParsonsVs. the
city OF Caro- by condemnation or rur-
chase, divestcd the rights OF Taylor Il
Parsons in respect to said river IRON Or
wharis or any part thereof; and N.uuut
such purchase or condemnation, s",I t.
cree SO long as it remains in 1uli force
Gas it does according 70 the well rec" mi.
zed principle Of law that where ac npe,
tent legal tribunal has once by J., iuuE'
ment or decree, settled the elan M
rights Of parties, those rights, as cen
the parties 70 the suit are rGs-n'J 'g'a
eStOps the city from denying I 81
Parsons ownership OF the riy mont
and wharfs at the port Of Cairo, l'0
those private rights OF prOpert' when
pertain to such ownership 81
which under said decision in tn min
ger case is the right TO charge a. O!lcct
Il reasonable compensation tor H. Sc OF
their property from vessels, etc lndng
at and using the same or such ia 40 s by
contract, may be agreed upon between
said owners OF said property and
masters, etc, Of said vessels.
While like the use of other property
anu service, the charges must not be un.
reasonable or eXOrbitantly high,' yet
the reasOnableness OF the charge is a
question to be settled either by agreement
between the owners OF the river front
and steamboat owners, or by the courts,
and not arbitrarily by the city council OF
the city Of Cairo. Neither the council,
nor the legislature itself, can dlVest
private rights as adjudlcated and
determined by the courts, which
are alone the cXpOunders OF the
constitution and laws; and the power OF
the city 40 Tx the rate of wharfage
and dockage,' construed with reference
to the other PROVISIONS OF the charter, as
well as constitutional Legislative power
and adjudlcated private rights, was only
intended to, and can only be held to apS
ply to public wharis owned by the city
and not private wharis, which are the
private property of others; and the
further power ito regulate and control
the use OF public aud private landing
places, wharla, docks and leYeeg," SIM
ply relates TO the use, not the wnarts
themselves, and las reference only to
such reasonable police regulations as
effect the use and violate no private
rights OF property.
In conclusion, without elaboration, but
taking the law as lind it, my opinion is
against the "legality OF said ordinance
because it violates private rights as estab-
lshed by the adiudcated cases and prin-
ciples hereinbefore briefly referred to,
aud there is no power in the council 10
pass the same legally ana constitution.
ally; and my opinion IS against "tEe
right OF the city council to pass the
same" not only because Of want OF
power, but also because so 10 do, would
be in contempt OF the niteQ states cir
cult court, whose injunction is still in
force as aforesaid peIpetually eniOlnlng
the city, her servants, etc, from even
attempting to collect from Taylor 81
Parsons any fine or penalty for demand,
| ing or receiving any sum or sums OF
| mo ey, etc, OF any water craft Tor the
privilege of Ian ling at the wharf Of
Cairo within said city limits. In view of
the decisions already made, the city
| owns no public wharf Of its own, Dut al
| the Cairo wharts are Taylor q Parsons
private property; and itbcinG presumed
| that your honorable body would not
pass an ordinance except with the inten-
ton OF trying to enforce IT, penalties, the
| passage of the ordinance would be
deemed first step towards attempting
| to collect" etc, rs aforesaid and subject
your honorable body to Il charge otcOn-
| tempt, etc. HespectluIly yours,
WIZ. B. GILBERT,
Corporation Counsel.
On motion of Alderman Patler, the re-
port was received, ordered printed anc
referred together with all papers connect
ed Herewith to finance committee,
The finance committee reported that
they had received from B. F. Parker city
treasurer, general city orders, spccia
levee certificates, &C., redeemed during
the month of September, all OF which
they had tins day destroyed by burning
and in amounts as follows, viz;
General city orders ,......,.......S ,jSa As
SPECIAL lcyec cortiIlcates,..,,...... / SOL II
Interest paid on aboye...,..".... 2Ol s.
Bond No. 1858 authorized by ordi.
nance No. IS, approved July
Goth, 1865, lnd due Sept. lSt,
|