The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1881-01-31
TEE M1LAN BRIDGES,
An Opiniez r egardIng the Right Of
the city tosscollsct toll.

The Union has q Communication from
| Il. Ii. g. regarding the Milan bridges
which bears on the right of the city to
collect tall. This is an all important
| question at present, SO we give the opinion
Of r. Fl. G. in full. 1t is as follows.
Rock ISLAND Ill i Jan 90, 1851.
In compliance with your request, have
examined the question whether the city
has the right to collect toll at the Milan
bridges after the 18th of next month";
1t is settled law, that toll can be collect
upon public bridge or other highway.only
when such collection is authorized by the
Legislature. Ii is also settled law that
grants to private corporations are to be
construed literally in favor cf. the public
aud strictly against the corporation: what.
ever is not unequivocaily granted is
taken to have been withheld. lSt. Clair
County Turnpike Co. The People 80
Ills. l74.l The city claims the right to
collect toll at their bridges under two
franchises. One was originally granted
BY the Legislature to Wan. Dickson. II
expires on Feb. IS 1881. and does no.
affect the present question.
The other franchise, il 1t eyer existed.
was originally acquired by the Rock leland
and Camden Plank Road COMPANY. form
ed in 1852. which afterwards sold all it's
property aud franchises to the city, This
corporation was organized under the gen
eral plank road law of ls49, as an ended
in 1851. These acts, (Ses,sL. l849. p. 1873
Ses. L. 1851. PIP, IL. Is and l46), en-
power persons to as: ociate themselves fol
the construction OF plank roads and te
Il axe toll upon such piaok roads alter one
mil? thereof shall be construct
| ed The intention of The Leg
isiature, as shown by numer'
GUS expressions 10 these acts. was to fos
ter the construction OF roads made o
tplank. upon the surface Of the ordinary
highways and elsewhere; and these acts
Apply only to roads 80 constructed O.
| plank. a lew extracts will make the in
ten;ion of the Legislature clear. Tbs
opening words of the act of 1S49 are
ANY number of persons, not less thar
Eve may be formed into corporation fol-
the construction of plank road" TIL
same act, Z %. provides: Every plank
road made by virture of this act shall BIZ
so constructed as TO make secure ano
permanent road. the track of which shall
be made OF plank. The act of Feb. !
1851. & 4, provides: cat the expiration
OF the corporate existence of any plank
road company, by The expiration of Its
term, if said road shall have been
constructed upon any public highway OF
street, the county in which said road is
situated shall pay 10 said noany the
value Of the plank superstructure of said
road. at the time of said expiration
| 1t has been stated recently in the papers
| that the plank Rad company never built
more than three four,hs of mile of plank
road. and If 81 it never acquired the RICH,
to take toll under the plank road law, and
it either did not transmit to the cty
and RICH to collect or lat moss
Ii, transmitted only the RICH.
to construct plank road and afterwards
to collect toll upon it. But whether g
mile of plank road was once built or not it
is we'll known that no plank road now
exists on the Milan bridge property and
that none has existed upon itsfor many
years. The bridge floors are not plank
road within the meaning Of the statute
Tie plank road acts authorized taking toll
only upon mile or more Of plank road,
As no such road exists at the Milan
bridges. those acts can confer on the city
no power to collect toll
1t follows, that the city has no fright to
collect toll at the Milan bridges after the
middle of next month. r, 81. G.