Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-08-02

each ward, and the Mayor named AL
dermen Evans, Kennedy, Corken,
Guyer, Dauber, Kinner, and Bladel as
such committee.
City Attorney Haas submitted the
following communication:
Rock ISLAND, ILL, Aug. 1892
To his Honor the Mayor and City
Council of the City of Rock Island
Gentlemen:-In reference to the letter
of the Hon. William H. Guest which
was referred by you to me, permit me
to say, that Mr.. Gest by his letter
!! submits that there is only question
of law for consideration in the case,
that is, he does not want any dam
ages, but says, as matter OF law,
that if he did claim damages that he
would be entitled to them under the
law.
take no issue with Mr.. Gest on the
question of law, that is settled by the
Supreme Court, the court of last re
sort in our state. Under the old con-
stitution there could be no damages
recovered by Nh. Gest in this case but
the new constitution of 1870 contains
the provision, "Pri~ate property shall
not be taken or damaged for public
use without just compensation, which
has been SO construed that where the
abutting property owner is damaged
over and above the net benefits con-
ferred on the property by the i'm
provement, he can recover.
This construction was strenuously
resisted by cities in this state for a
long time, but the doctrine is now
well settled. The last reported case,
The city of Bloomington against
Pollock decided by our Supreme
Court on the 18th of May 1892, and
since the commencement of Mr.. Gest's
law suit, goes over the entire subject
and so lays down the law that there
can be no further question
about it That in proper case
where the property has been damaged
over and above the net benefits con-
ferred upon it by the Improvement the
owner can recover damages.
The declaration in Mr.. Gest's case
is statement of the facts by him on
which he relies to recover damages,
and in my opinion the court would
not sustain a demurrer thereto, hence
there is nothing to be gained by pur-
suing the dourse he suggests by fill
ing a demurrer. 1t is sufficient for
the purpose of disposing of the case
that | admit the law as applied to the
facts as stated by Mr.. Gest to be as
he claims it.
Whether or not Mr.. Gest's property
has been damaged over and above the
benefits conferred by the improve
ment is purely a question of fact to
be passed upon by jury, upon which
l am not called upon to express an
opinion and which is entirely imma-
terial for the present purpose.
apprehend that the submission of
this report to you will be accepted by
Mr.. Gest in lieu OF the fling of the
demurrer and the disposition of the
case by the Court.
Respectfully admitted.
Jos. l.. HAAS.
City Attorney.
On motion of Alderman Schroeder
the communication was received and
ordered placed on file
Alderman Knox presented petit
ton of property owners for the i'm
provement of Twentieth street south
of Ninth avenue by paving the same
with brick. Referred to Street and
Alley and Ordinance Committee.
On motion of Alderman Knox the
City Attorney was instructed to dis
miss ali proceedings in court as to the
Improvement of Twentieth street by
macadamizing the same. Motion
adopted.
On motion the Council adjourned to
Monday evening EeXt, Aug. S.
ROBERT KoEHLER, City Clerk.