The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1881-08-02

Rock Island.
GENTLEMEN: On the 9th of June last your hon
orabe body appointed the undersigned com :
mittee and directed make personal examina :
nation of every street and avenue in the city whc
terminates the Mississippi river. and also of til
entire levee city frontage, and report to 20 ur
honorable body whether distractions have be en-
and names of the persons obstructing he
same, if the names could be obtained, and also the
OF firms occupying such stree is.
avenues, or Ieyee-
We were also directed to report TO your honorable
body what measures, in our Judgment were neces-
to be taken 70 recover of such streets
avenues and public property may be occupied by
parties without proper legal authority and preserve
In accordance with the authority so conferred on
have made the personal examination, di
reeted. and report as follows;
TwENTY-sEvEETH STREET.
AT 27th street found a house standing in the
street, placed there years ago. by persons
neeted with the upper saw mill At the June session
in regard to this matter be pushed to settlement in
the courts. We are informed by the City Attorney
that he is preparing TO press the matter to deter
mination in the Circuit Court al the coming Septem-
Der term
TwENTY-FIFTH STREET.
At 25th street and Sd avenue the lumber company
occupying about onehaif the street with piles of
lumber. The lumber should be removed and the
street kept clear for public use.
FIFTH STREET.
A portion OF Fifth street. north of Second avenue
has been taken possession of by b. D. Buford & Co..
under what may have been thought at the time, TO
be lease of the same.
By reference 10 page 157 of 'Haines City and Viii
lage Laws copy of which is now in possession OF
every member Of the City Council, it will be
that the binding law of this state is as follows
Mo City Council of any city, whether incorpor-
lated by special act or under any general law, shall
'haye power TO yacate close any street alley.
'or any portion of the same, except upon three
''authorized by law to be elected such vote to be
taken by ayes and nays and entered on the records
This law was not complied with. and the action of
the Council on the End of May last, at its first reg
ular meeting for this year, was illegal and void and
the Bufords are now occupying said street without
authority of law.
AT the time this meeting was held and this action
taken, eight of the fourteen Aldermen were new
never having had any experience in
time and we're nrohabiV unarap IF tb is ae
OF this law, and supposed, inasmuch as the pretend
ed lease was drawn up by the City Attorney that it
was legal in form. Messrs. Buford Il Co. should be
notified of the legality of the lease and also notified
suspend work Fifth street until the pleasure of
the council can be ascertaned in relation to a pro-
per vacation of the ground which they wish to occu
By turning to page 1874 of "IIaines city and vii
lage Laws the statute in relation to leasing public
ground will be found follows:
Whenever. in the opinion of the legislative au-
'uate upon the banks of any navigable river, the
LANDS acquired and owned by any such city, for the
purpose of public landing public levee are not
Immediately required for such purpose. then any |
cay may ease s9Gh nafs OF Ga or
thority of such city, for the purpose of erecting
snch Lease or ERIN 6
A~e1N
yond the period of twenty-five years from its exc
'cution.''
On the contrary the law quoted from page 1877 posi-
lively forbids the leasing of any street alley
any portion of the and any action of the
I'll pretending to lease the same must be regarded
as Illegal and void.
THIRD STREET
On Third street, between Second and Third av-
enues. found barn and shed belonging to the
stove works which should be removed, and the +
street kept free from all distractions
FOURTH, FIFTH, AND SIXTH AVENUES
The lower or west end of Fourth Fifth and Sixth
avenues is occupied by Weyerhaeuser and Denk-
man. Fourth and Fifth avenues are entirely OBJ
structed and Sixth nearly so There is also a rail
road switch on Sixth avenue, which Is a serious OBJ
struction, to teams: and. we are informed, has al
ready caused considerable damage.
All these distractions should be removed. and
the avenues kept clear for public use.
RIVER DISTRACTIONS. :
At the same meeting at hieh your Honorable
Body directed us to exami ne and report upon the
streets, and ievee, your honorable body al
20 directed TO examine the city frontage the
Miss iseippi river and ascertain il any encroach-
nents have been made upon the river, whereby its
shannel has been contracted, thereby endangering
he property of our citizens by causing gorges Of
ce and thus flooding the town or any portion Of it
With water; and to report to your honorable body
causing them to be removed, if ecessarY, in order
o protect the lives and property of orr citizens.
In accordance with the authority thus conferred
We have TO report that we find that -Weyerhaeuser
md Denkman have built pier into the river, north
If their mill, about 400 feet beyond low water
property citizens by causing gorges ice in the
prng, and flooding portions Of the town with water,
it did last spring, to the great injury of our citi
The action Of weyerhauser & Denlman in build i
ng this pier into the river. without authority Of
and wholly Illegal. 1t is true that Congress did
N the Sd of March, 1873, pass the following act,
1.-THE owners of saw mills the Mississippi river
are authorized and empowered under the direction
of the secretary OF ar 70 cosrHct piers or GRIPS
river for the protection of their mills and RATS
against damage by floods and ice: Pro05ded, how
ever that the piers or crlbs SO constructed shaI
interfere with obstruct the navigation Of the
der authority of this section, be found TO obstruct
the navigation of the river, the Government ex-
pressly the right to remove or direct the
removal of it at the cost and expense of the owners
thereof
Var the City Council place this OBJ ructon in
he river. 1t is not, of course an obstruction to
avgation but it is an obstruction to the passage OF
unning ice and when that fact is made known TO |
ne Secretary of War he certainly would not give
authority to do TO the injury of the property
the people of this city. c
This pier is also serious injury to the boat-yard =
roperty Immediately below it, causing eddy in 7
hIch large quantities OF mud ana sang are deposit
rietors of the boatyard say render it necessary,
cry soon, for them to remove from the city
Your committee have no desire to do any act det-
Denkman. On the contrary, it is our desire that h
very needed facility should be extended to them "
onsistent with the rights OF other citizens. =
But the general public safety is of more impor- I
lnce than the pecuniary interests of anybody.
ryate rights, even. must yield to the public good,
or sh ould the business interests OF any man or
rm be permitted precedence over the rights of y
theirs or over the public welfare; Therefore
our Committee, after an examination Of the r
remses and 8 consideration of the public =
lterests, and the rights of other citizens, regard
lis pier a serious obstruction to running ice I
nd endangerng the lives and property OF our cti-
ems that it was placed there without authority Of
W. and ought TO be removed Il
This we Believe covers all the matters referred Il
An of which is respectfully submitted. "
5 ~ + E s:s sss5 Committee
Rock Island Aug. 1st, 1881. v
Aid. Lundy moved that the same be re-
Erred to the City Council for their careful
Aid. Mahoney amended said motion