The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1881-01-14
CITY COUNCIL.
Irregular Meeting)
COUNCIL CHAMBER,
CAIRO. ILL.,. Jan. 18th. 1881.

COUNCIL CHAMBER
CAIRO, Ill.,, Jan. nth, 1881. I
Concluded from Thursday Daily.l
The following report of VIM. B. Gilbert
corporation counsel was submitted;
REPORT OF VIM. B. GILBERT, COR
PORATION COUNSEL OF THE
CITY OF CAIRO, IN MATTER OF
RIGHTS OF RAILROADS UPON
LEVEE STREET, SECOND STREET
AND COMMERCIAL AVENUE, IN
SAID CITY.
LAW OFFICE OF GREEN & GILBERT,
CAIRO ILLS, DEC. %, 1880.
- - ~. .-sttis, pottnv. - .aiuu-s~
To the Hon. Citv Council of the City of Cairo. Ca.
GENTLEMEN:-At meeting of the Coun-
Gil, Nov. 10th, ult., it was
"REsoLvED, that the Corporation Counsel
be directed to examine into and define the
rights Of the City and of the different Rail
road Companies on COMMERCIAL AVENUE
LEvEE STREET and SECOND STREET, and to
report thereon SC.
/ regret my inability to have complied
with the above resolution at an earlier date,
but, engaged, as have been almost contin-
uousIy during the past six weeks and more,
in the preparation of printed briefs and ar
guments in the several suits Of mandamus
and actions upon II. r. Bond Coupons pend
ing against the City in the Federal Court
at Springfield anGin the trial several impor-
tant actions against the City for damages,
&C., in the Alexander Circuit Court, have
found it physically impossible for me to
make the examination &C., contemplated
by the above resolution, and report thereon,
until now.
Having now made such examination, and
given such consideration to the subject, as
have been able to, and as seemed to me
within the reasonable contemplation ofsaid
Resolution, | beg to report as follows;
AS respects therights Of the City on the
streets named 1t certainly was not within
the contemplation of the Council that |
should undertake to enumerate ALL the
rights possessed by the City in the prem
Uses, as it would require the writing of a
book to do so; and deem it sufficient for
the purposes of this report to say:
FIRST The City has the same rights
upon the streets named that it has upon any
OF the other streets IN the City, except in 50
far as such rights have been modified or
abridged by the several Ordinances herein
after referred to, and agreements of "Trus-
tees ofthe Cairo City Property" hereinafter
mentioned
SECOND: As was said by the Court in
c. V. II. r. Co. vs.. The People, 90, H.,
ia, "by the eth clause of section 62, ar
ticle 8 of the act Of 1879 to incorporate
cities and villages the whole subject of the
control of railroads in streets is committed
to the local Government of such cities and
villages. Power is given to inforcc Police
regulations as to the running Of trains, to
secure protection to persons and property,
and to compel such Railroad companies to
raise or lower their track 50 as to conform
to any grade which may at any time be es-
tablished and when such tracks run length.
wise Of any street, alley or highway, to
keep the tracks on u level with the street
surface, SO that such tracks may be crossed
at any place on such Streets" &c.
As respects the rights Of the ditfcrcn,
Railroad Companies on the streets named
find and report as follows
ILLINOIS CENTRAL RAILROAD COMPANY
This company under a certain agreement
between the company and the trustees Of
the Cairo City Property, original propre
tors of the land wherein the City wai
plated, dated June 18th 1851 and long
PRIOR to such plating, acquired, and nov
possesses, the following rights, which, SC
far as am informed have never been ser
iously questioned, but on the contrary ex
pressly recognized by tho Circuit Court OF
Alexander county In the case Of the People
&c. vs.. III. Central X. X. Co., viz
LIST: The right (sec sec. 2& of said
agree ment, and was therein referred to) to