The daily Cairo bulletin. (Cairo, Ill.) 1878-1???, 1882-03-10

rs ~ VINO own the levees; VINO, " any one
II bound TO keep them up; who has TIN
right to control them; what control can tn,
city exercise over them if they are private
property, Sc, &c.
The trustees aud the railroad company
created the city, first, Of course, obtaining
city charter from the Legislature. The
trustees agreed to protect the SITE of the
city against the abrasion and wear of the
waters of the rivers" and the railroad
company agreed "that the SITE shall be
ncompassed entirely by levee or cmbauk-
ment Of adequate height to exclude the
waters Of the rivers At any stage or rise. OF
the same now known" These were the mu-
tutI undertakings Of the two parties. The
one owned all the land and possessed con-
siderable means beside; the other was n
wealthy railroad corporation: and the two,
deeming it for their mutual interests, set
out in the work Of trying TO build up a
city here. AT first they were about the only
parties intercs'ed; bat rs the little city be-
gan to grow, per force of cIrcIm ,tances, it
soon became evident that while the tius-
tees and railroad company could
make and unmake agreements and
convey and re convey lande, yet in all
such transactions very many other persons
beside the rites to he agreements and
conveyances were vitality interested.
The trustees had agreed to furnish
SIZE and the railroad company had agreed
to encompass that ste with evee. but NO
one had agreed with the purchasers Of lots
within The encompass ny embankment, or
with the city itself, to protect the STE
from the abrasion of the waters or Is main
tain the levees or pmbaukments in a cnndi-
tion adequate to exclude the floods Of the
rivers. Nay; even worse than that; for the
purchasers of lots, without exception, accept
'h UNIV yum tiallh uctAe ll'ih tIic TRUSTEES.
There were no covenants running with the
land binding The trustees, or any body else,
10 make good the titles, to Construct or
keep up levees ur 10 maintain the SITE of
III" city against the abrasion of The waters
The trustees were simply land com.
pany. nothing more, nothing less. The
Il inois Central was a railroad Company.
The lnna company had laid cut u city. 1t
had lots to sell. Ii could not sell then,
without making some provision to protect
the lots from overflow. 1t hired the rail.
road company TO build the | vers, giving
land in p.ymen, FIR the work. The vrrs
were OF course built on tile land If the
land company; and the land and levees
built thereon belong, ard will belong, to
the land company until the comp nv choose
to sell them nr to give them W y, or until
they are t'ken IS a r.iroal company takes
land, Ivy Condemnation.
Bat, 10 turn to something a little more
defnate. Ga the llth day of june 1851,
the trustees Of the Cairo City Propert,
ana the Illinois Central railroad company
entered into contract, the second clause of
which bound the trustees, the parties Of |
the firs, part, in this language:-
~ Il ..,.r,...,l A..
City shall lie m int4ned by them
against the abrasion snd wear of the VA
ic's "f the rivers, and that all the con.
-iructi"us, Of whatever nature, for The pur.
pnse Of forming, maintaining and protect
ing the ste of the city Shall be made at
the cost of the partses Of the first part
The railroad company, the parry OF the
second part, bound itself in the third
:! use of The contract in tbs langulye:--
sit is ayr ed that this site shall be en-
entirely by Icvee or embark.
nent OF adequate height To exclude the
waters OF the rivers at any stage or rise of
Inc same now known which shall
be so formed and graded as to furnish a
street or roadway of not less than
slightly feet in width y All which
'mbat kment or evee shall be madp, form.
ed and graded by and at the cost of the
party of the second part"
In the firth clause of the contract this
language is fuund:--
ut is agreed that when the
'evee street is formed and graded
Of width not less than eighty
feet on the top = y = the same may be
considered as completed under this agree.
ncn'; but all repairs, works AMI construc.
tions which mpy thereafter bee me essen.
fial and necessary for the preserv .tion,
m ,in'ainance and repair of the levee or EN-.
bankment shall be made by and at the cost
Of the party of the second part"
The eight cl use Of the contract provided
a 1. Al H. 4 |