Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1888-08-07

slhDtts VI ibt thsC anu Int itnstI1blt ]
ness Of the thing proposed TO be done
are not unfreqnently about the only rule
nv which to determine to what extent
and in what manner an ordinance may
affect public policy In the present
instance the purpose for which the
renewal is made, the terms upon which il
is granted. the general utility TO the
public 10 be subserved by all extension
of time for maintaining and operating
the road, and if an extension of time is
to be made at all whether it is material or
immaterial that it is to he done at any
particular time, all these are proper
points TO be considered. and in the
absence of positive terms or necessary
Implication of law. are essential and
preponderating elements in considering
and determining the reasonableness or
nnreasonableness OF the ordinance. AMI |
whether its enactment is consistent with |
public welfare. public interest, and pub |
policy. The Moline & Rock Island |
Horse Railroad Co primarily derives
its night to the use Of the city's streets |
by special act Of the State Legislature |
and not under he general inc0r |
poralion law-differing in this respect |
from other later street railway organiza
tlons.and is authorized and empowered
by its charter to construct, maintain and |
operate its railway over the cIty's streets. |
limited only by the provision that il shall |
be done in such manner As shall he ru-
thoriZeG by the authorities having juris-
dIclion over said streets The life time
oh. =,
| years; the city designated the location
and granted the use Of streets over which
| The railway WAS constructed for term Of
twenty-five years, 1t was entirely com
| petent for the council under the law AS il
| then was, to have made their grant at the
| outset coterminOus in time with the grant
nf the state, but in its discretion il deter
mined otherwise and made the term
twenty five years. This reservation OF
limitation of time In the drst instance
does not deprive the company Of ills char
| ter lights for the remaining twenty five
wears, nor confer upon the city the right
to unreasonaby parcel out its grants in
such short periods of time and over such
undesirable streets as TO virtually DESTROY
the intent and effect of the legislative
grant Since the time the original grant
was made to the company by the legisla-
ture, however. the use OF streets hv street
= railways 10 be granted by cities has been
| restricted hy state law TO term Of twenty
- years, So that not only all new street rail
p WAY organizations are so limited. but, pre-
t sum- tlvely. This company Is also limited
Z to Ike term in case al renewed grant
hy the council The law Is silent as to
? the time when renewed grants shall b.
4 made. and il would therefore seem 10 he
n within the discretion of the council Ia
c make renewals for such purpose snd Al
such time AS they NAV deem reasonable
e and proper. In this view OF the compa.
T nvs chartered rights and Of the city
L authority to determine the time Of renew
g al and the location Of track, il it is desir
able and proper that the streets upon
e which this company has its track already
Z located and in use should be used fol
r street purposes at all. then 1t would Ger
d tainly appear to me TO he unreasonable
Il 10 Dust them OF possession merely to be
y stow the same rights and the same locs,
# lion upon another street railway com
# pany True, It WAS intimared tn tn,
f. council IN open session, and probably j
. believed by many, that n large sum o
u money could be obtained bv the city As
Is bonus Tor grant Of this route and ii
r rights and privileges to some other com
r pany to the exclusion of the present %
II cupants, but, desirable as it may lee T.
Pc increase the revenues of the city in ever
:" irSiuihA'e manner tht receiving ana &C
r. tep'ihS bonus "' cl"'VV" OF any ONE
sun from an"lher company or rom AZ
}" person or peis"hs' LOT supef'eh'hs An
'' sNPP'hh'th9 lhe rights ana privileges
'r 'hr p'e-ehtc"thpahy "htn us twenty AV
.u year term expires oF refusing 10 grant
h' '"tlhtt Term 81 competing ~ removal !
&c p HISS "es rAoie Huu t'ss IemhheFAu'
nv '''"'t uhiei 'ht pressure "' ""h"s ITO!
I've '"u, P''l."i - "''ieHtu ~ ne h"' "hi
anu "''"'"' ''"9''na"'e 'au'e' "
va VI a'n vi LOU 'A''h anu asAlhNl pun
' P'n'S' ipe iAN sp'''icalN eh"thefAt'
~ 'i"'l "nA' sources 10 what eA.eh ADA
- "h"' u'ant'I Tue Guy may ueflFe lis rev
"' 'hutS' ,"'s enumeration Is EohsIfu'
W N,l"''s "f TUE courts ANA Is heid oS III
&" Pd'h''"h 10 tA"'une al "'h'F sources NJ
t''.t
p Oh II street railway sh"ula 10 lhe course
'S .,'n' 'e'.tie i",' '','t a",' 81 great Va' 'l
III" 'n' "ehe.i' !" oe "e''sei ny ,ne Pu'''
,s' A"1 'u' INCOME a'.ri u'"1 u, Tue Guy
.,,e r.,e ~ fara 70 ho' char1,ad ana ;, /, -,
he annpr, If t,vcs Ieviad pnon an ipcrans,
..n md ,,croasir,, vo1,a,i,r or ,,roro-,,.
nj, ~,
m. It " II. "'u"',''S nc a''i''''s" nv gene
4 a ~ assn, ''"' '"e'' t. n"t eve" re,"'
NV ''''''''''S u 'he 'l'eeH '"'"Pie''
IN 't'9 O"''p""S "F',''hinS III ''e hrA' Il
,tor H'"'s' "a !" '"eu'y yea'S 'iei m M 'ei'
ds- :, "s| ~" s',s'' '"u ''f''ii. a.
no aInd, a,ra'., IT,. -, ~
We. ,,~a,. =" w a.
his ,'''nS - 70 ""u "
+, ,3" 10 N ',' M a
wal oo,,, nh Gus
= OF business parts of the city. if time is i
tN- material and discretionary with the cou
Gil when to renew former grant, II