Telegram-herald., 1890-08-27


PssF s.ez-s - Iae CHARTER, t2f SO -s-as'ifs
ga got slei3 q give t-e ess -~s 's~.
- est4 - dos lss taAl s~4@ 80
la-.ts tsas eUnef ~ - &c lis -..'-s4 80 -
rs estate. Ihe i 81 scs9rcAtaoS N1s1
t1e ee- sa1sn rale tta4, "l.sff 40
sstsl,e ut a leS sa-+Ae ~>Ass-t t'-'s-
e-t.r, lae ase C1f,S1s i2elzi 4t.~ s,tF
v,1vl aet. All sDsea1 ~ .-se ssEss ? s's4e
5 - t. nsesss.s1 WAlea ne~'a e~ss
<ccofa = "a the 9Sl.ssllsAi An 4 -al
s - So. : slstate n3asg Il oQossfoe4 "a
- c9Dss.tfl. olal seDse. anG Ael ~ 4ss
NneQ2sttetalA sensE.
II aater ths head that we cla ga
thai lhe c.lY ezs noI authorized ~ iAs
charter Use & a. TX thsse lines. 10 CON-
psas4tl3a Mas proKae1 for "a the lee =
i40Fe CFaut az power, and benNS = g
Gear thst t1e r.. stature dl1 RNk la-
tend q iel the cts hN dock Anes, Tor
tAat would tgesp&ss upon constitutions
rights
~. In this state, the prysts sPpro-
pfataon ~ pag. oi the bed OF . stream
Is Ae4thei llStressQre. nof q nuisance,
nor PM. grievance ~ s0y sorts
unless the p0R.c use ls Thereby unfea-
sonaolf aorldee0.
"Ail. Ne Admt that where the
Legislature c0ufel upon munlt pal
corporations power 10 pass orr inSnces,
snd Il the power lAe po. ua constitutions
a., no mere uute&sonlh tness Nouia
lmpeach Their validity. Bot Whore taa
power IS expressly gwen 2 mupclp4llty
70 ieg.slate on = particular Subject, and
the mode and manner 81 is exercise "a
not prescribed. az n this case u e net,
then the ord nance passed must be a
reasonable exercise OF the power grant
ed, or il will be pronounced Invalid py
the courts. Ana IA such cases, the reS-
sonsbleness of municipal seton Will
always be investigated ~ the courts.
in this case. We claim that If the
legislature intended 10 give the city
power 20 established dock lines where
they are. without any compensation
that u would infringe upon Mr.. Powers
constitutional rights and be void, and
secondly, that the mode and manner
of exercising the real power granted
was lett 10 the city, and that u has
made an unreasonable use OF the power
~ fixing the lines aud Its action must
be pronounced invalid, slnce the lines
tFespass on his property. We insist
that that toe dock lines are invahd
upon either theory.
THAT which IS not nuisance IN fact
can not conclukiyeiy be declared 10 be
such, either by the legislature or by
any municipality.
Where constitutional rights are III
volVed no such declaration can be final
or conclusive. 1t IS wholly question
OF fact, 10 be decided by the courts IN
the various specific cases. Nothing
which depriyts a man of his rights
without "A judicial investigation can
have the force of law. The truth of
matters in controversy may not be
settled, as an absolute tinality, by
municipal action under any legislative
grant OF powers. 1t would conflict
with natural right, and would be op-
posed TO the constitutions OF the United
States aud of this State.
VIII. When the act prohibited by an
ordinance is not a nuisance IN fact, II
Elll never be restrained by injunction.
Courts In equity have not that power,
and never use the writ, unless the act
Is a nuisance IN fact.
TX. The city cannot restrain the
erection of wall so long as the city
Itself continues TO MAINTAIN and permit
thenarrow outlets existing at the foot
of the rapids. So long as these narrow
outlets exist the wall cannot furnish any
additional obstruction to the free flow
OF the water.
y. The notion that either the
Legislature or q municipality can
legally draw an arbitrary line
along the shores of public stream, and
by il prevent the owner OF the banks
from building down to either high OF
low water mark, or even out into shoal
water near the shore, where ne owns
the river-bed, when such buildings. If
erected, would, as matter OF fact, in
no way interfere with the free and full
enjoyment by the public OF all their
rights in the stream, is the most colos-
sal, picturesque, irregular and luxorian
phsntasy which has leaned from the
brain OF modern lawyers, out of all the
numerous drOll ideas conceived by our
blessed profession, which is supposed
to adore only the God of common sense