The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1882-08-04

After respectful cOnsluefatIoh Vi a"o'o
resolutions and legal questions involved
/ beg to report that it is impracllcable I'M
der the law and said resolutions for the
Corporation Counsel to proceed, by me
necessary papers or otherwise, to condemn
Sc, as in said resolution specified.
FIRST: The Eminent Domain Law" oil the
state (chapter AZ. Revised Statutes) does not
authorize condemnation in every case or
for any purpose, except "where the COM
pensatlon to be paid for the property
sought to be condemned can not be agreed
upon by the parties interested;' and &C
cording to the uniform holding OF the
courts, the petition for condemnation
must 50 allege; which allegation pre-sup-
poses and requires previous application
to, and effort to purchase of the owner; and
! 40 not find that the City Council on
behalf Of the city has ever taken any acton
looking towardsa voluntary purchase OF
the property proposed to be taken. Until
such action is taken and 1t Is ascertalned
that the parties interested cannot agree up
on the compensation to be paid, the city
is in no position to take the property by
condemnation against the owners consent.
SECOND The description OF property, as
designated in SAID resolutions, is 50 gener-
al In terms as to be wholly inadequate, un-
der the law, as basis upon which to file
petition tor condemnation. 1t is impossl-
bic to say what is intended by the discrip-
| ton such portion Of Ohio Levee, be
tween 9Th AMI i4th streets on Ohio Levee."
The City is already absolute owner IN tee
of all that portion of Ohio Levee between
the streets named as included in Levee
Street sixty feet in width,
and the city does not certainly
desire TO condemn its own property.
Whether tins sixty feet would embrace
the whole Levee proper, or whether, with
the abrasions thereof from the river be-
tween Sth and l4th streets, there still re-
mans some portion Of the original Levee,
and if 10 how much and the legal proper
description thereof which the city desires TO
condemn, is not manifest from said resou-
ton. SO also as respects the zone hundred
acres Of land out side of the Mississippi
levee beyond tenth street, THE resolution
tails to designate, by proper description
what particular zone hundred acres the city
proposes to condemn. There can be no pc.
tition filed for condemnation therefore until
the city council has itself determined and
shall by proper legal description designate
the particular properly it is desired to con.
denim and concerning the compensation for
which the city and owner have not been
able to agree
THIRD: The supreme court of this state
az, Ills. Reps, p, 463 &C. has expressly de-
cared:
al. That under that cleanse in our con.
sttution which provides for the taking OF
private properly for public use, the use must
be such as is public in its character, and
not public because it is declared to be
SUCH
"2 A municipal corporation has not the
power to condemn private property for pub
| lie use for purposes not specially mapped, IN
scope and meaning Of the delegated author,
ity."
"3. So where the charter confers author.
ity on the city to take private property fol
opening, altering and laying out any street,
lane, avenue, alley, public square or other
public grounds" such delegated authority
does not confer the power to condemn prop.
erty on which to erect city prison"
II. The great and essential object of all
governments being to secure individuals in
the enjoyment Of their rights that security
would not be afforded if the property of
each individual might be appropriated to
private purposes without his free consent or
to what collection Of individuals, might
choose to declare for public use. Nor should
this security be overlooked in the zeal of
philosophical persons, in their desire to
promote the public good The fundament-
al law has not declared that the property of
the citizen may be applied to such purposes
as the general assembly, or such other per-
son or body as they may designate, may de-
termine to be for public use The power is
vested in the Legislature to say for what
purpose it shall be taken, and that is not
discretionary, but is limited to publib use"
Indeed it is the well settled lBw of this
state that private property can never be
condemned for prieate use under any cir
cunstances, nor for even public use" gen.
orally, Dut only lOf tne special purpose or
particular "publc use' authorized by the
law, which in the present case Is the city
charter; and it is essential that the city
council, as condition precedent to any
night to condemn property against the own.
ers consent, should not only show failure to
agree with the owner as to the compensa.
.lon to be paid, and clearly describe the
property sought to be taken; but also ex-
)Ilclty declare, not merely that ii is wanted
or public use' in general terms but for
some particular public use"-to be
peclied by the councillor which It's
'harter authorizes it to condemn private
property.
The resolutions in question are indefinite
nd uncertain as to the particular "public
Use" for which the property therein speci
led is required, Condemnation Of "por-
ions Of ONO Levec' is ordered simply for
public use, Il" without specifying for what
PARTICULAR public USE; and condemnation
# zone hundred acres of land outside Of
he Mississippi Leyee' is ordered "for pub.
&c purposes, TO be used ia filling streets
nd lots Of the city, without specifying
what streets are to be filed or making anv