The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1881-01-14
THE DAILY BULLETIN.
CITY COUNCIL.
Continued from secoud page.

stTuCtlOn -tnerc ~ no FOOW ioI H-tno
courts are bound by the language used by
the Legislature, when it clear and PLAN.
1t is therefore my opinion, and ! 50 re-
port, that, the Cairo 81 Vincennes Railroad
company, under said ordinance of April IL,
1869, has the right to lay down and operate
a single or double line Of rails land no
more) over and along said Commercial ave.
nue. and St. Charles street and across Levee
street. to any point at which the depot Of
said company may be located and estab-
lished; but that, in exercising such rights
said company may be compelled to observe
and perform the conditions and require
ments OF said ordinance, except
in so far as the same have been
waived by the city. And l
believe and understand that my opinion in
this regard Is substantially in accord with
the holding Of the circuit court in the case
Of the People &c, vs.. G, & V. r. r. Co..
before referred to.
further find that the city Of Cairo, by
ordinance No Az, approved Feb'y 10, 1873,
recognizing the rights Of the G., 81 V. K. X.
Co., under ordinance of April 16, 1869 as
above expressed, waived, (as think the
city had power to do) the condition and re-
| quirements of the latter ordinance as to the
mode and manner of laying its said rails
below Goth street, and provided another and
different mode CAS- specified in said ordi-
| nance No. As TO which beg TO refer the
council for details) which should be, when
complied with, deemed "a virtual compli-
ance with the condition Of said ordinance
Cof April 16, 1869, SO far as the laying of
the rails Of said company below goth street
is concerned"
! further find that the city of Cairo, by
ordinances No. 90, approved Aug. 5, 1878,
extended St. Charles street sixty feet wide,
westwardly across the 400 feet strip to
the southeasterly end of Commercial ave
nue., as specified in such ordinance said
rip being owned in fee by the city, ana
granted to the c. & V. r. K. Co. the right
T. lay down and operate across such ex-
tended street such railroad track or tracks
as will enable said railroad company to
properly and conveniently connect and use
the local depot grounds and buildings Of
said company, on either side Of said ex-
tended street, provided the tracks 50 laid
shall be planked by said company in the
same manner as is provided in the ordi-
nances for planking railroad tracks at inter
section of streets.
further find that the city Of Cairo, by
ordinance, in force April Sth, lS79-whicl
ordinance appears from the petition accom-
panyIng it and the Rectals in the ordi
nance contained to have been passed by
the council upon petition Of owners Of Lot
aud 2, Blk 90; Lots l to s, inclusive BIZ
ls; Lots to S. inclusive Blk 80; westerly
half Il. II. strip from Second to St. Charlie!
Streets; and whole of K. Il. strip from st
p Charles Street to Mississippi
Leyee; representing more thai
one.half Of the frontage Of Com
mercial avenue below Second Street, being
the portion sought to be used;" and would
seem in its operation to be confined to suct
portion of Commercial ayenue-granted Il
the c. 81 V. r. Il. Company, the fOllowin!
rights, viz:
lst The right to lay down a single
line Of rails from the main tract
on Commercial avenue to and upon all.
lots IN Block II ON the easterly side o
said avenue, owned or controlled by sail
company, and also one line of rails from
said main track to any lots in Blocks /
and 10 and 20 on the westerly side Of sal
avenue owned or controlled by said com
pany, with switches from said main track
and IN SO doing may cross LIST and 2n'
streets.
end: The right to lay one additional
track on Commercial avenue along tn
westerly side of Block II, not nearer tha
ten feet to the line of said Block, and t
construct on said avenue along said Bloc
II, and on the westerly line thereof,
platform extending to said track for tn
use of the public and said railroad CON
pany, and to cover the same with a project
ing roof, and to stand passenger cars an
trains on said track, and to start passer
ger trains therefrom, and TO connect sal
track with the main track, and swltc
thereon.
3rd: The right TO construct plattorl
12 feet wide IN front OF block II, on IN
street
4th; The right for the purpose of Ell
ablng the company to reach Its groun'
outside the Mississippi Levec without