Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1896-06-04
ILLEGAL BARGAIN.
Embodied in Proposition Of
Railroad Companies.
OPINION OF THE CITY ATTORNEY

OPINION OF THE CITY ATTORNEY.
Corpseatioos Seek Psspseuaiioa Of First
Avenue Privileges In Return for Contri-
basaons 60 the Lsves Inprsvsnent which
it 10 Held the CITY Cannot Give Them.
It is proposed in ordinances SUBJ
mitted to the committees by the Chi
cago. Burlington & Quincy and Rock
island & Peoria railway companies to
contribute Is, 900 each to the levee
Improvement. providing the city
perpetuate their respective privi-
leges along First avenue aud exempt
them from any assessment for street
improvements. The documents were
read at q meeting Of the track COM
mittee at the city hall last evening.
City Attorney Haas was present for
the purpose Of discussing the legal
phase of the matter. After the ordi-
nances-which are identical-were
read. the railroad representatives
were asked to retire. Then followed
the session between the committee
and the city attorney.
II feel it my duty to advise against
the passage OF these ordinances, :"
said the city attorney in giving his
opinion. ..Among other things the
ordinances provide: That Whatever
amount would be paid to the city
should be in lieu of all charges or
special assessments for street i'm
provements, and that should the
railroad companies at any time, in
any proceedings. by any order of
court be disturbed in any of what
they call their rights. then the city
should repay to them the amount
SO paid to them respectively.
The city has no right and not the
power to enter into . bargain of this
kind. Whenever the city desires to
improve street in which are railroad
tracks. by special assessment, prop
erty benefited BY such Improvement
must be assessed, and the city cannot
agree that in consideration of q GER
tain sum OF money, certain property
shall not be assessed. This is legal
matter to be determined by the
court and not by the city council.
You will or ought to see then that
by agreeing that any amount paid by
the companies should be in lieu Of
special assessment for street i'm
provement, and that it should event.
ually be refunded to the companies
in certain contingencies, you would
agree to refund q special assessment.
not because to do SO would be Just,
fair or equitable, but because of con-
tingencies which it 10 beyond your
power to control. With other words,
you would warrant the so-called rights
Of the railroad companies against any
other person or persons whatever.
When the proposition was made to
the railroad companies by the COM
mittee. it was made, as l took it,
with the understanding that such
sum or sums were to be paid by the
companies as donation or contribu-
ton to the levee improvement fund,
in consideration of the enjoyment BY
them of the privileges in the past,
and OF forbearance on the part OF the
city for the time being. And this is
as far as the city council can go. 1t
may forego action, bnt cannot bind
by such action, as is solicited now.
any future council to do likewise. II
then the payment of such sums OF
money by the railroad companies is
to be considered as Q donation, it is,
under the terms of the proposed
ordinances. to use q slang phrase,
''donation with string tied to it.
and as such was far from the consid-
GRAFTON of the committee of the coun.
Gill;"
The committee decided to act on
the advice of the city attorney
and not to enter into such a trans
action with the railroad companies.
Not by Any Means Abandoned.
The action of the committee does
not imply that the levee improve
ment project has been abandoned
not by any means. The city has ac-
complished that which has so con.
tinuously been urged by The ARGUS,
that it do its part that he public
might know what the railroads pro-
pose to do. The city attorney
has held that the proposition sub
mitted is inconsistent with law. The
city must be governed by the advice
Of its attorney, but aside from this
THE ARGUS would not advocate en-
tering into any bargain with the rail-
roads. especially where it would in
volve the acceptance Of money con-
ditionally as to future developments.
The city wants no donations with
strings tied to them-it seeks no COM
promising contributions. Further
than this. the city does not need to
accept any proposition from the cor
porations with such an understand
ing. The ARGUS has sought to
counsel fairness toward the railroads
in this matter. 1t hiss urged
that the roads be induced
BY friendly means to do their
part toward the levee improvement
and in consideration Of such q course
they be given certain rights that
they do not enjoy. but this does moi
carry any entaDgliDg alliances for
the future.