Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-07-16

"
itssthsr espesappd nor h1n3sd ~ fns
ate - - 81 ~ after s1anass-
sstAnu 81 The purpners the1 are saans
'proted n ~ 18th. NE sn<io~sog y the
ia o1nosoa. -Apd - entho<szs The ssty
~ t;rand Raphs 20 acquire pfsssss
peuYertl lps sura pubic use.'
I HsUs bsk,sss Il Ia b true and al
'oDocle<h hat he city haa. vtthoat tax
speciaI scs. the right ~ snfcxoe all De-
tssasy police regulations and thai. tose,
ss.@t any ss 49, l "ss.a IN -.
eoua : sxessieat hTi~f. in b<half of the
con,fltusisasllfy Il thls lxw. 10 devoted
D. the sstakii.ns1 ant a that pa~isloa- 4
d. ATT mean 10 he understood that thss
"a x1rh shss title would rscss~zrils TO
found lasalid because IL these con
.i~mnatsaa rtocse<ilnss. matters appef-
tanning 4. t.,.se~ possru may be foasd.
but hat 4 ssa x.sh 70 10 understood -
N al n.,t oris the title. but the body az
the en- t.ss act negatives the idea that u
i. ether than the rights of eminent do
main and the condeuna ton ~ property
there a rti~r. and not the exercisp u Do
lice r.xess that = the purp.<~ % the
lxw Ard neirher from The language ~
the ixx nor frou the facts sdnsifted.
nor from the xrcum~uss IL the attorneys
on either aide. car, &c iiseover any ex
,st,aS n~c~~s,tv Tor the exerc.ss Of
sueh police re~~rx The only words in
The title ar act that would hint al any
thing az The kind are the verds safety
sra -sanitarv.- ard vet the admitted
facts and arguments fail 90 explain in
any satisfactory manner what 10 maize
mere safe or more sxlusary by tho estab-
l,shmeat Of these walls.
IL 10 said IN the argument that this
river bed between the proposed walls Is
so shallow that Ia time OF low water and
in the summer the larger por-
ton Of the bed OF tie river II
absolutely uncovered by wafer. and that
ON that account az such seasons OF the
year filth aecumulates aud IL not carried
away by the constant How Of the water
becsose there 10 not sufficient water TO
cover the river bed itself. aud it has
been suggested BY counsel that It 10
matter Of Laws that the court may take
judicial notice OF. IN the language OF
Judge Morse. IN the City vs.. Powers,
that u 10 % shallow even IA log run
ming time that IN order To get the logs
and lumber. ETC.. down the rapids. IL
has been necessary Tor many years TO
clear out channel In the center OF the
stream and enclose such channel on
each side With cribs and tlmbers. thus
making an arfinciai channel. as AZ we're.
'-' -. :, ~ - :. '.
vail. i 10 crowd toyether the hanLs ~
IN. stream ~ near that The river viii in
times az low water constantIv aow over
the entire BOD IN a dsnth snfyic,snt On
carry away the accumulated filth poured
,ntois from TIA sswer. ,,,u,n .i,hsr s,d.
then thee vslls must be nearer than
5ts feet apart. between Fulton and Pearl
strec,s or 600 feet between Pearl street
and Byidos sfreet IN make ths word
-sauitarvS apnlv To tn. hu;ldir.g III these
xalIs 40 that hi III. purpose ~ these
wasls n 10 MAKE = self fusb,ny sewer ~
Grand river then il is ab~Sutelv certain
that thew will not h.. sufYcientlv far
snart 10 carry on the water a i,s usual
fieNay.. and much less ~ ifs flood nm
Iss. We can conceive of " Ais of AN alti.
tude =, great that ,he breakace ~ them
would ,sompie,elv inundate The entire
Iower mart ~ The ..;,v and denos,, M snch
fines IN ths .trse,s the aceum,Iated
nlth that h IN h. horne auav over ,be
shalloxnfs. in times Of greatest drought
and II h~eomes a oneSsion ~ whetber IN
h h.t,sr that ,ha sewag. shouId be re-
,a,nsd IN the liver =, amnf;ea unon the
s,,,ets
Two eiaim- p'sc"->sN.
have thus discussed this question.
20 ably argued 10y counsel on either side,
m order ~ discover IN what way the
establish N ent Of this dock line and the
building Of the proposed walls bear
upon the words safety and sanitary,
used ia the title, and II the purpose, or
one Of the purposes. Is TO make this
portion 81 the river answer for trunk
sewer. then II viii be well IN this con-
nection 10 discuss the necessity of the
other proposed sewer along the line Of
the wall, not mentioned IN the title but
provided Tor IN the body Of The bisl. as
being Justified on the ground that the
word sanitary refers 20 the sewers u
be 50 constructed, Tor would hardly he
claimed tnsi two parallel sewers would
10 necessary, one made 81 the river and
another one between the proposed dock
line nall and the bank OF the river
There are two claims made ss lusti
heatlon Tor the Incorporation OF tbs
sever legislation IN this act; hrst. thai
sufficient notice - gwen 10 the title b.
the words safety and sanitary. ano
further. ~ IL claimed that the establish
ment 81 the sewer Is such a neeessity e
the e-tabllshuent OF dock lines and per
tnaneni VALE that II DO reference al al
had been made 10 safety or sanitary
or sewers In the title. that II was I
necessary incident 10 the permanen'
sxinu ~ s1ch lines and the constrtfc