The Argus. (Rock Island, Ill.) 1885-1886, 1886-08-30

said city OF Rock Island in the compile
tion of said abattoir and the use of the
same Us by his said bill of complaint he
prsys, but that his right so to do, if any
ever existed, which defendants deny, has
been lost and abandoned.
And defendants aver that it Is folly
within the scope of the power aud au-
thority of said City Council to appropri.
ate and spend money for the purposes
alleged and set forth in said bill OF com
plant concerning said abattoir and that
said city officers and authorities have
the lawful right and authority to en-
brace and include in the necessary cer-
tificate required by law to the County
Court for the purpose of having the
same included in and extended as part
of the municipal tax for the current
year, and deny that the jurisdiction of
this court can be invoked by complain
ant as a taxpayer to interfere with said
City Connciiin apprcpriating or expend-
ing money for said purposes or to inter
fere with the Mayor and Clerk OF said
city in EN- 1racing or including in the
necessary certificate of said city TO the
SuuAEy NIC1A tOI tIO POAPtbVo VA VIZ
levy and extension of the same as part
Of the municipal tax, or the Treasurer of
said city in paying ont money upon al
lowsnces appropriating costs aud expen-
ses of said sbattoir and The necessary
expenditures in maintaining and manag
lug the same on proper orders drawn on
him for thst purpose; that snch appro-
priations and expenditures rest wholly
within the sound discretion OF said city
in tbs exercise of It's powers in carrying
out ssnitsry measures and that in no
sense can such tax be said to &c unau-
shorized by law.
And defendants further answering ad-
nit thst it is true that she said CITY of
Rock Island by and through It's City
Council did assume and claim that il had
lawful right and authority to acquire
land IL said city and erect, build, own
and maintain and manage and control
thereon an abattoir or public slaughter
house for the slsughtering therein Of
cattle, calves. sheep, hogs and other
stock and animals for the supply
ing OF meats to the Inhabitants OF said
city and to require butchers and others
engaged in said business of slsughtering
and of dealing in fresh meats to patron
izs and use such abettoir and to pay the
said CITY the charges it might stfix for
such use.
These defendants further admit thst
Bailey Davenport, of said city, did do
nate to 1t two acres of land on the bank
of the rive-at the south line of the city
for an abattoir and that Exhibit @" filed
with said bill OF complaint is copy OF
the proposal made by the said Bailey
Davenport in reference thereto and de-
PENDANTS further answering deny that
said action so sought and claimed
by said city in reference to said abattoir
was for the purpose OF making 1t a
source of revenue to said city, but aver
that the erection of said sbsttoir was
wholly for sanitary purposes and for Sc
curing pure meats TO the inhabitants OF
said city, and the proper inspection,
police regulation and control of the
siaughtering of animals to be used with
in said city limits as hereinafter more
fully set forth.
And defendants further answering
DENY that said city was induced or that
il acted upon any estimate or report Of
DR.. G. G. Craig, Com missioner o.
Health of said City to the effect that the
basiness womb become source of rev
enue, and AYERS that the copy of the re
mort annexed to the bill OF complain
and marked Exhibit D" was a mer,
memorandum furnished BY the ssic
Haalth Commissioned to the Msyor O
said city sbout the time that said abat
TOW was under discussion and considers
tion bv the Oity Oounc,l of said city.
And these defendants further ave
and show the fact to be that said res
estare 40 donated by the said Davenpor
as aforesaid is located near the extrem
southwest limit of the city, on the Mi:
sissipui river and within the city and
the only premises owned or occupied b
the city. or available to the city that
can nss for the purpose OF an abstto