Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-07-12
MUNICIPAL MATTERS.
Last Nights Adjourned Council
Meeting.
Communication, Propositions. Ordi.
nances and Other Things of
Importance.
OFFICIAL REPORT.

CRY Council Rooms. Rock ISLAND, |
July II, 1S92.--The council met in adj |
journed session at p. m, Mayor Nc. |
Conocbie presiding and all the aldermen |
present except Dauber and Nelson.
Aid. Guyer. from the sewer committee,
submitted report in favor of storm |
drain on Elm street to The river, with a |
system of lateral sewers in the Seventh |
ward. Adopted.
Aid. Guyer offered resolution invit.
ing private bids for the continuation OF
certain sewers in the Seventh ward.
Adopted.
M. Yerbury was allowed 500, on &C.
count of Seventeenth street sewer, on
motion of Aid. Knex.
Aid. Bladel moved that the city clerk
be instructed to advertise for bids for the
paving on Fourteenth. Fifteenth, Six
teenth, Seventeenth and West Seven
teenth streets. Carried.
Aid. Schroeder from the waterworks
committee. reported as to the Jewell filter
extension, without recommendation. Re-
port received and ordered placed on file.
Aid. Bladel moved that Mcconnell s.
Huber be instructed to finish their Garn-
sey square contract Immediately. Carr
lied.
AID. Evans read the following letter
from the Hon. William Il. Gest:
ROCK ISLAND. ILL.,, June 20, 1892
Messrs. Evans. Corken aud Kennedy. Com
mittee Of City Council of Rock Island
GENTLEMEN:-In reply to your inquiry
as to the terms upon which the suit in
stituted by me against the city and now
pending in our circuit court might be dis
posed of, haye to say, am not seeking
q money compensation to myself for the
loss and damage to which 1 have been
subjected by the action of the city council
in raising the grade on Second avenue in
front OF my dwelling By that suit | seek
to have it determined l4uthoritatively
whether the property holders in the CITY
have any remedy against the city fer de-
probation in value of their properly
caused by the action of the city council
in raising or lowering grades. have no
doubt the council has the power to raise.
lower and alter grades from time TO time
as they seem fit, but also, l have no
doubt that all property owners who suffer
carnage thereby, are entitled 10 and NAV
recover just compensation for such loss
as they suffer by reason thereof. The
power exercised by the city in such cases
is simply, In substance, the power of EN-.
inent domain. In my opinion that power
cannot be exercised in any form by NUM-
pal or other corporations or bodies un-
der the constitution and laws OF this state,
10 tie deprivation of the night OF any cit.
izen to compensation for injury or loss
sustained.
Equality of burdens is cardinal max,
i'm of our law.
No mans property ought to be taken
or deprecated in value which is. in SUBJ
stance taking il Cor public use or benefit
without just compensation.
The raising and lowering of grades of
streets, and subsequent paving thereof,
is but commenced in our city. In what
has already been done some persons have
been largely benefited, and some have
been greatly damaged Must those who
have been and those who hereafter
shall be damaged, bear their losses alone,
be sacrificed for the general good? Such
course is not equitable, nor do I be-
lieve the law sustains it.
In the declaration in the above suit
the substantial facts are truthfully set
forth. The question whether the law
authorizes recovery can be determined
by the judge upon an argument by
counsel of a demurrer to the declara-
ton. Such argument might be made
next month, when our court convenes
again, if agreeable TO the city council,
and the opinion of the judge obtained.
II he holds that the declaration shows
cause of action such holding will
establish the doctrine of law claimed by
me, and l will dismiss my suit. If he
holds that the declaration shows no cause
of action then he will dismiss the suit
Either party, if dissatisfied with the ruling
of the Judge, can take an appeal 1 take It
for granted that the council desire 10
pursue fair and ju,t course, to Cypress
no one. rich or poor. to do no Injustice,
even if it had the power. and to pursue
such course in the improvement of the
city as shall distribute the undue bur.
dens to particular persons, resulting
therefrom, fairly and impartislly among
the people, and with q view to reach the
ascertainment of such course, propose
as herein above stated.
Respectfully yours,
W. II. GEsT.
Aid. Knox moved that the latter be
referred to the city attorney. Referred
he ClClh lCdu lCoOiutiOue VI TIE SlLl-
zens' Improvement association in relation
to high water grades, system of sewers.
etc. Referred TO the sewer and street
and alley committees. the city engineer
and the mayor. on motion of Aid Knox.
The clerk read resolutions of the Citi-
zens' Improvement association in relation
Railway Terminal company, and asking
that the council inquire as TO railway
title and right of way on First avenue. |
Aid. Schroeder offered resolution in.
an engineer to make q plat of
First avenue showing railway tracks, etc.,
to facilitate the inquiry of the city
attorney.
Frederick Hsss. on invitation, ad~ |
dressed the council on the wisdom and |
necessity of terminal company. afford
ing impartial service to all railways s. |
W. Sesrle, secretary of the Citizens I'm
provement association. followed on the |