, 1880-04-25

and franchises greater than have ever been
given by any other city, end we do not think
this policy should be abandoned SO long as
there is another railroad wishing to obtain
facilities In this city. The railroad system
OF which Chicago is the central point has not
yet been completed. Within tile next TWEEN
ty years the number Of roads coming to Chi
cago may be doubled, and the amount OF
business done by this city through thel1
agency may be increased tenfold. But all
this does not justify the city in relaxing its
vigilance in providing for the present ana
future protection of the public rights and IN
terests, and in securing to private persons all
their rights as property-holders.
Since the failure OF the first ordinance
new question Of public and private interest
has arisen. The city some years ago, by
ordinance, provided for opening Dearborn
street from Jackson to Fourteenth. The
condemnation proceedings ended In 1udg-
ment for damages to the persons whose prop
erty was condemned, and Judgment against
those whose property was found to be bene-
flied. and Judgment against the city for
its share Of the cost OF the improvement
The city made partial collections, made par
tia1 payments Of damages, and took possess
sion Of part of the condemned property, and
then repealed the original ordinance. In
this way it abolished its own authority to
collect the assessments for benefits, and, In
case decided recently in the Circuit Court,
the city has made itself liable to those whose
property was condemned for the assessed
value thereof. It is true this decision has
yet to be passed upon by the Supreme Court
but the present decision is q sufficient Warn-
ing and notice to the city of q possible labil-
ity which ought not to be overlooked.
The present ordinance vacates three streets,
including Dearborn street from Harrison to
Twelfth, and possibly to Fourteenth street.
1t vacates a street for opening which
the city at this time is under possible if
not probable debt Of 100000, and for
which the adjoining and neighboring property
Of private individuals is liable for nearly
corresponding amount. Technically, these
streets are not vacated, but practically and
substantially they will be rendered impassi-
BILE SO soon as the Railway Company takes
possession of them. To the extent that these
streets from Harrison to Fourteenth street
have been improved by buildings, those
buildings will be rendered comparatively
valueless, and the question which now adj
dresses itself to the City Council is, ought
this immense franchise to be parted with,
unless there shall be incorporated within the
ordinance proper provisions protecting the
city and private persons 6n the following
points:
l. Protecting the city against any and all
liability and responsibility to owners Of prop
erty taken OF condemned for opening Dear
born street for compensation for such prop
erty, and against all claims against the city
for money paid for opening Dearborn street
by persons assessed for benefits accruing to
them from opening such street.
2. Protecting all citizens against any and
all liability to the city or otherwise under
any ordinance or legal proceedings for bene-
fits arising from opening Dearborn street.
8. The payment to citizens for damages to
improvements upon the property Included
within the limits covered by this franchise
from Twelfth to Harrison street.
After the verdict in the case Of Shepard
against the city the Council cannot afford to
refuse to take notice Of the prospective liza
bility Of the city and of individuals growing
out of the abortlye proceedings to open Dear
born street, which proceedings have been be-
fore the Courts and Council during the last
seven years.
Having thus protected the city. and having
also protected the private persons in their
rights of property, the Council should grant
the right Of way without hesitation. The
time to adopt these precautionary measures
is now, and before the ordinance Ii passed,
and we feel assured that the companies seek
ing this franchise will not hesitate to furnish
these legal projections against loss and liabil-
ity, public and private.