Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1889-02-05

jority report against the expediency of
selling the wsterworks as follows:
To the honorable, the City Council of the city of
Rock Island.
The special committee to whom was re-
ferred the communication OF 0. j. Dimick
Eco, relative to a sale Ct the city water
works and Spencer square, respectfully
report:
That the committee has examined and
considered the subject matter, so referred,
under the following heads:
l. Has the city under its charter, the
legal right to sell the waterworks and the
public square, or either of them.
2. II the legal right exists, is it de-
sirable and in the interest of sound
public policy to sell either, or 10th.
3. IL sale of the wsterworks could
be made, can the instrument of sale be
made to contain valid conditions and
binding terms which would insure to the
city, in perpetuity, free hydrant service
for use of the Fire department and other
municipal purposes, and also secure to
the city, through the action of the City
Council, the right to fix and regulate the
maximum rate to be charged for private
consumption by water takers generally.
So far as the committee has been able
to ascertain, the current of legal opin-
ion, in judicial decisions ard from men,
bers Of the County bar and the City at
torney, is adverse to the City's possessing
the right under the existing law to sell
either the waterworks or Spencer square,
and quite decisively so as to the public
square. The committee cannot be ex-
pected to do more on this point than to
report the ascertained opinion of lawyers,
as none OF its members claim to possess
the requisite legal knowledge to form
and express positive legal opinion upon
such an important and difficult point Of
law. II, as would seem to be the case,
the city is actually barred from making
sale OF either under existing laws for want
of authority, or by necessary construction
OF the terms of its charter, then the whole
subject is for the present, entirely oe-
yond valid action by the Council, and
must necessarily remain wholly In abey-
ance until the power shall be conferred
by act OF the State Legislature. So far
the committee is unanimously agreed.
Upon presentation of these state
ments, the committee feel that it might
with no improperly ask to be discharged
from further consideration of the sub
ject, but as the question of sale is one of
more then ordinary import, and one in
regard to which it is well known a diver
slty OF opinion prevails among the citi-
zens OF the cltv, the committee has
thought it expedient and proper to make
investigation and inc airy, as to the adj
visibility of sale, as fully as il no legal
impairment interviewed.
The majority of the committee has
reached the conclusion, that. even if the
city possessed an ipdIsputable legal right
10 sell both waterworks and square, or
either of them, it is not desirable, or ad-
visaole, at this time TO sell either. The
sale OF Spencer square, were it legal and
practicable, is question which needs no
special discussion on the part OF the COM
mittee. Its location, adsptedness to
public use for the purposes OF various
public edifces, and the sentiment of the
people in regard to its future use, occu
pancy and improvement, are already
known to every member OF the Council
AS fully as would be known by the read
ing of formal report. The committee
has therefore directed its attention main
~ to tbs more serious and generally dis
cussed topic of selling the waterworks.
In this connection, and as preliminary to
further observations by the committee,
the following exhibits and tsbulated stat
istics, compiled from the city records,
are presented for the consideration of the
Council.
Rock leland city waterworks, built
1912. General exhlbit--l7 years