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


vo~jd - have sohasAntial ssxhwsys
boilt ~ ~ uouth q sscA tn1orol sruss.
through which th~sr coss<n,s eoald ~
directly emptsed into the river ard the
p<oesn q pufsficstlou lsBm~<izeeeiy
besaa asd eli carried swsy ~
this es~s sabssssxsd channel. asspro
;-s~~t ~ thos~ fAvostng the bulldseg -
thsss walls. hssldss thls. IL the 1usk
sswer = nsc>unary from the posns sug
g~sssd IN The hill ct i.sen street. " "
sonthsfn terminus. Il - nvt ns<,esoas3
thai property ~ condemned for that
pufposs. sanes tbs city already has In
stfe~ts running parallel ssth the rsv~s
and sameseats, near - u ~ accomplish
the saline purpose within 10 o~n iegisl
mats territory fsona this suggestion II
may hss inferred that The court ssose not
stee ia. question: q sewers. a. proposed
IN tins blll. a. cosning within the i-olsee
Troswfp II the city. nor s~o esssntlsi Ia
the building ann maintainsng II the
pfofos~zi VALE II sclsd Inasonf, as a. be
anticipated b, the words safety and
sanifssy.@ nor 81 conducive "a pubic
health - "a be espcetrsI under III. title
IT ssanitATy' alone. bot that being dis
tinet objects from those mentioned In
the title
Meaning Of Words
There has been some discussion as 20
what 10 meant in this act by the words
dock. y safety. -saaigar,' aud build.
ing lines. The ATTORNEYS aud counsel
Zoe the pstitionen generally agreed that
II IL one add the same line. Mr.. Tan.
SON. in his brief submitted. claims that
the a-; provides TOR The permanent e.
tatiishmeEt 81 single line. lie says.
Tue oolect II thu act IL 10 establish
this Que single lac. This one line In
the asind Of the ieg stature will srrse
the purpose 81 dock line. a safety
line. = sAnltsfy' Inc aud building
line. The object of the line IL also
single ,s~ys Mr. Ransom) Via: Ito pre-
vent further eucroaehment upon the bed
and waters OF Grand river by buildings
and other obstacles 10 the natural flow
of the waters III the river between the
lines established on each shore. The
descriptive terms applied 10 the title Of
the act via: dock. safety ssnl-
tary and building. are nothing but an
expression OF the useful purposes which
the estati.shment 81 the line will serve.
IL such n the purpose. how do either
the walls or the sewer aid IN that pur-
pose. With line established. beyond
which the ow ners can not build. how
does the forcing OF them 10 build a wall
on that line further such purpose
The law 10 the bulwark and not the
val. II the owrer desires to build 10 the
wall he will do "a Of his own yolition.
A L.. il. 4.
this line and his building he may build
his foundation further up on the shore.
This bill says he shall build his wall 10
this line. and tells him when he ehall
build il and how he shall build IL. even
though he desires 10 build another TO
accommodate his own editice. even
within foot Of the wall that he is
forced TO build. IL seems To me that by
this statement alone Mr.. Ransom sepa-
rates the word SANITARY" in the title
entirely from any reference to sewers.
which he must admit is fixed upon an
entirely different line by the legislature;
that 10 To say. section -. page III. chart
/ III 1891. locates ii as follows: Between
the wall and the present bank Of the
/ river" On what line the sewers will be
I located when these dock lines" run
river each must infer for himself; il Ger
/ the line nor on the wall. the front face
of which il the dock line, and where that
line encroaches upon the other side Of
the river bank il is not certain where
/ the sewer can be located. As Mr.. Ran
som has placed the sewers entirely out
/ OF reach OF the provision in the title
designated by the words safety" and
sanitary; he has also placed these
sewers entirely out Of reach % police
regulations in this language: The
/ right 10 an easement for the coastruc
ton and maintenance of sewer
adjacent 10 the contemplated wall can
by the provision OF this act, only be-
secured either by agreement with the
owners ~ private property over which
IL MAY he constructed or by condemoa
ton proceedings of the character now
pending before this court IL thus helms
admitted that "caniiary line" cannot
give notice Of a sewer upon an entirely
different line. and the plain statement
that IL cannot be fixed except by con
domination proceedings. thus taking Il
away from police power. | can see n
possible way - reconcile IL Nth III.
constitutional restriction that no Law
shall embrace more than one object. {,
be expressed in its title" Can this pro
vision relative 10 sewers be expunget
and the remainder az this law continu,
In force. | am inclined To think. will
some alterations IL could. notwithstand
ing the opinion 81 Judge Champlin tina
each line - a distinct line. which nigh
move the sanitary" line mentione.
J from the t,osIflon given AZ by MIR Ran
SON into the sewer line not mentione.
in the title. and thus by the creation O
synonyms make sanitary becom
eynony nous with sewers"
The Title Is Broad
There seems Ia he no question bu
that the title u this act IN eutticienti
broad 10 cover the question Of establish
ing lines, or line. an the cas-
may be. aud Ia coademn lands upol
which the city may build and maintain
wall ~ suitable masonry along sue
line. and | believe there Ia no questio
upon either side in that regard. but IL
very empbatically claimed by the ~
s;ondents' council that the esiablishin
~ ',iock" lines 10y the legislature. sn
requiring 81 owners Of property adjacen
TO such line % build. at their own "a
penss, wall 10 mark such line are tn
entirely di-tinct objects. provided Tor i
the one net
II - claimed by the petitioners tina
the line not marked would be 81 10 prat
teal utility. aud that the marking IL Ga
line - essential 20 the permanent estat
lishment % the line. and. therefore in q
sense a separate object.
4 sgrrosa IL would h, concealed IA .