, 1880-11-21

the right to lay its tracks north OF Harrison
street. provided the City of Chicago woulu
not Interfere with or oppose the Company In
the exercise of any privilege acquired under
the ordinance Us to the territory south OF
Harrison street. This proposition was re-
ferred to the Judiciary Committee Ut the
Council which Committee reported adversely
to its adoption. and reported al ordinance re-
pcalng that of Sept. ID granting the frau
chisc to the Company.
This subject will come up tomorrow even
ing before the Council for action. The report
of the Committee was made by Alderman
Shorcy, and will be championel by him.
The argument is that the acceptance Of the
ordinance was not merely an agreement to
construct and operate the railway within one
year, but it was all acceptance Of the grant
with the express limitation that if the tracks
were not laid and the road in operation with
in that time tho grant itself should cease, and
be null and void. On this point Mr.. Shorey
makes an elaborate argument, fortified ny
numerous judicial decisions, to the effect
that in all cases Of such grants, limited to
the performance within 4 time declared, the
grant ceases to have any validity should
the performance not be made within the
prescribed time. Further, that in this cnse
the tracks were not laid down, and therefore
could not be in operation on the day fixed by
law. lie further argued that partial con-
struction Of the tracks was not compliance
with the condition of the ordinance, because
the grant was for a continuous roadway, and
l1o such construction had been made or was
in operation OH tile 18th Of September, 1851
In fact, the Company had not at that time
procured by purchase or condemnation tile
property needed for its right Of way over the
ground OIL which it was proposed to lay the
tracks. Hence the argument leads to the
conclusion that the Company has forfeited
the entire franchise granted to it by the ordl-
nance OF Sept 15, 1s79
The application CT the Railway Company
to waive the right to lay its tracks north Of
Harrison street, provided the city would not
interfere with the Company's rights, un-
der that ordinance, south Of Harrison
street, is claimed by Mr.. Shorey to be moth
ing more than an ilnpudent attempt to OBJ
tain from the city all extension and renewal
Of the privileges under the original ordi-
nance, which privileges had been forfeited
bv the failure to comply with the Limitations
of the grant.
The fact that the Railroad Company was
DELAYED AMI prohibited in the construction
of the road by injunctions and other legal
restraints is declared to have 10 legal force
Tie city, it is claimed, was not q party to the
legal proceedings, and its right to resume
the forfeited franchises can in no wise
be impaired or destroyed by the
action Of others. The Company cannot pro-
tect itself against the rights of the city by
pleading legal proceedings to which the city
was not Il party. The grant to tho Company
was d special one, in dcrogation Of COM
mon right, and must therefore be construed
strictly against the grantee.
Tie repeal OF the ordinance, it is claimed,
would be clear affirmation on the part Of
the city that it valves nothing, and stands
OIL all rights Which belong to 1t. To
repeal The ordinance would leave the city
and the Railway Company just where they
would stand had no such ordinance ever
passed.
On these grounds it is claimed tho old Or
dinance should be rcpculed,-not that the
Western Indiana Railroad shall be ex-
cluded from the city, but that the city may
By new ordinance grant the right strictly
defining the location Of the route, inc1ud-
ing the terminus. The necessity for
this certainty in the designation Of the
route, it is claimed, will appear from what
this Company has already done. It was
granted the right Of way for one railroad on
one route. The map Of the territory. as it
now stands, shows that two distinct and sep
arate routes, with public street between
them, have been laid out north Of Sixteenth
street; it further shows the purpose OF the
Company to occupy, if it can, the entire
space bounded by Van Buren,, Sixteenth.
State, and Clark streets. Making great
railroad yard Of all the land from State to
Clark street, south of HARRISON" is de-
nounced as "imposfng disastrous limfta-
tion to the facilities Of travel as well as of
business.'
The repeal Of the ordinance, it is claimed,
will enable the Council to act understand
ingly and with reference to q permanent pro-
vision for the railways entering the South
Division. Once master OF the situation, rs
by the repeal of this ordinance the Council
will be, new ordinance may then be framed
in harmony with the future necessities Of
business.
CRIME IN CHICAGO.
1t has been noted before that crimes of
violence were Of unusually frequent oc-
cu1rence In Chicago during the past sum-