Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1896-03-26
THE PUBLIC GOOD.
The Meaning Of the Term as to
Ferry Licenses.
SERVICE AND DISPOSITION TAKEN.

The Law oud Its Adaptation. to the Pre- sent
sttuation-A Poetic Enasion on Be
half OF the Old Compsrv-rhe CIty's In.
tsrests are Pain.
1t is coutended on the part OF the
Union that because both the STATE
law and the municipal code are en-
powered TO grant ferry license--in
view Of the application of the new
Twin-City company-tha. whatever
the state law says is paramount,
"and that any city ordinance that
seeks to override its provisions is
void-of no effect whatever" Ii
this he true, why the furry which is
now being created by the old COM
pany to prevent the granting by the
council Of the license of the new? II
the position thus assumed is tenable.
and the council has no discretionary
powers in the premises, the old COM
pany's license from the council is
surely void, too, and what matters it
what the municipal body does? THE
ARGUS disagrces with the theory ad-
vanced by the Union-that such
authority as municipality takes
unto itself is void, because that
authority is already held by the state
which is paramount-on the princi-
pie that all law-giving bodies are
amenable to higher ones. As the
municipal law is to the state so is the
state law to the national. Localities
are permitted to govern themselves
only under such laws as conform to
the higher laws of the commonwealth
and Of the land. The state has general
license laws, and so has the city, and
because one may assume the province
OF the other it does not to The ARGUS
appear that they are in conflict or
that either is void. AS held yester.
day, the state law has a general ap.
plication and does not seem to be
intended to deprive the city of its
functions, but rather to assume the
authority when an Incorporated
town does not exist where ferry
license is sought.
1.-The state law" it is maintained
further by the morning law giver,
''recognizes a licensed ferry as a
franchise to be protected by the
power that derives revenue from it,
precisely as any other privilege OF
an exclusive nature is. 1t says that
no other ferry shall be allowed
within mile of an established ferry
80 Icing as such established ferry l.
competent to do the business, and
its owner complies with the provis-
ions Of this act, unless the county
board in this case the city council
shall deem it necessary to establish
another ferry for the public good
"For the Public Good
That phrase .for the public good
is susceptible of broad construction
and comprehension. In the first place
it should apply to the service rca.
dered, the customary service, not the
emergency service. In the second
place it should apply to the genera
disposition in the discharge ofits duty
of the company seeking protection
under it toward the public. In the
third place it should apply to the
spirit OF the company with reference
to all matters concerning its fran.
| chise and the public interest. Sc
that aside from ample and sufficient
accommodations at all times, and a
purpose to serve the public IS we'll
as itself, the city may very properly,
it seems, consider the question of
cooperation in public improvement,
under the head of "for the public
good" Manifestiy it has not been
| Tor the policy of the Davenport &
Rock Island Ferry company to NEE!
the municipality on o friendly foot.
ing on the issue of public improve
ment. Had it done SO, had it gone
ahead with the march of progress and
kept abreast of the times. even
at great sacrifice. as other corpora.
tions depending on limited public
patronage in the three cities have
done, then it would have been unfair
to have granted a franchise to a riva
company in the time of the golden
harvest. But the old ferry company
has not been public spirited-it has
not done its duty to the public, and
hence has not served 1.-THE public
good" 1t has for years enjoyed a
princely franchise for which it ha:
given nothing in return. The new
company offers to give a bond tt
make such public improvements a.
the city may desire. 1t is ..for the
public good" to insure these i'm
provements. 1t is ..for the public
good for the city to be in a position
to demand those improvements
The Union to the contrary notwith
standing. the public good" is muct
concerned in this matter, but tn,
closing assumption which the Unior
makes through its poetic applicn
ton that lit requires no iobbyip.
to compel a council to grant licens'
TO do unlawful acts" is quite exhil
irating, not only in innuendo as IA
as the council is concerned. but il
view OF the amount of lobbying be
ing done now by the emissaries o
the old company to thwart such &C
ton on the part Of the council n:
VIII be most assuredly .'for the pub
lie good"
| Both Agent aud Wine ei Reliable.