, 1881-04-17

/
! Supreme Court Of Illinois recently delivered
avery clear and emphatic decision. I'll,
City Council OF Springfield had by ordinance
prohibited the erection or repairing Of build
lngs OF wootlen or other combustiblc ina
terials. This bower was denied to the city
md the case being taken to tho Supreme
Court OF this State, there was a general dec
laration of law on the subject Of nujsances
which has direct bearing OH this question
of viadncts. The case was King rs. BAIL
Davenport, decided In January. 1851. Qlead
notes OF decision in Chicago LcNut 4dvcr-
| ttser, April 12) Tie Court decides:
| ]. OE1,1SANcH-FoHer 10 pygrcnt The erection and
fsin'irW u b"hdi"31 IT cft,;itiistfe material The
Delegation of Legislative power to city to pr.,-
hl!t tne crcctlOn. pjAciu. hr repairing Uf woOden
buildings within limits prescribed By ordinance.
without permission and tn direct and prescribe
ti,af al buildings within the limits prcscrb cd
sh;llA he f11ntle hr constructed of lre~rrhpf ma
tcFinls, ana getloray to define and dcc1ure trhat
Wtdn % hHtSt11ccs and to authorize aud direct tho
SUMMARY abatement t}lc.ssJ. etc. is wirhn the
competency uf Legislative power, and authorizes
TAO passage of an ordinance prohibiting, the
erection or requiring Of any building within tile
rt-IIlllits. with cohkusr. .bie lnnterast md pro-
stu'ng .nS tue Summary abatement or removal
!: Nris1scr-l may be inteyateted in p,p-
u'o'i* foiuHs Or CITIES. Unwhotesotne tsadcs
slaughter houses. operations offensive to the
senses, the deposit Or powder the application Of
steam- power to prnPeI cars, tho building with
cohlDnsI5bfc materials, nlid the bitriHl Of tho
dead may be prshttcd iu the midst Of sjcnse
nhsses OF population, on the general principle
us moi to in1urc bis ncighlnor. ind fiut uriraic
rights mast ne Subte,ric o The general Interests VI
tie community.
l. SAME-SaMmary abatement 1rithout Dreptous
tFtu ~ jHIU As the summary abatement or
nlsnnccs Is Il remedy which has ever existed i'll
tue law ,ts exercise cnnnot he regarded us In
Yf{rsI
protection OF the Fights Ut private properly aud
Elv!ng Il trial 'y jury. Formal legal proceedings
n au ts;al ny 1ury IRE not appropriate, and huvo
,,h :: aao sa~nakng power Is the sole judge |
Wncn tho nscesslty exists for SUMMARY nhate- |
nent Ut public tutsances, and when, If ut ILL., it
will exercise tho right to enact such lawa m,t
the enrichment must b. reasonable p,lIce reg |
ulataon. made In good filth, for lite public good /
The power OF the city to remove obstruc-
lions from, and to prevent the obstruction Of,
Street cross nss At all points not protected BY |
viaducts, is rs clear and distinct as is the |
power to prohibit colnbustible wooden build i
'tgs within the city fintits; and the power Of
[l1e city to declare the 1lsa Of steam ut all
railroad crossings nut protected by' yiatucts
public nuisance is rs clear rs is tho bower
o DECLARE and abate any other nuisance.
Aud this power to abate such nnisanccs by
The summary action of the city officers is as
erted by the Court to be beyond all contro-
'ersy.
Now, If tho City Council really wants via
lncts and approaches, let them by ordinance
md without delay declare that the use Of
team OIL certain railways. at specified cross
ngs, Is nuisance, dangerous to life, and
reventive Of the free Use Of the public
tfeets; and requiring the railways using
hose crossings to give bond to erect and
lalntain viaducts and approaches over such
rossinGs within Specified time, or, III case
failure, Imposing a penalty each time
le crossing is so used by any train
ropellcd by steam. II the Council Is f
/ earnest wanting viaducts, let it take ,
le proper anu direct measures to com +
u tile roads using the street-crnsslnss to | q
)aIdon the use Ut steam or build the pro- ! =
ction needed by the public. The people are =
ltttlett to IL safe and unobstructel crossing q
their streets. The railroads make the nul- q
nee. Let them be compelled to abate it at r.
cir own expense. It is troublesome enough | n
I the people to go over riatiucts, dragging G.
ads up grade Of eighteen feet anu moving +;
the slow pace of walk, without also hay +,
& to build them. ~