Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1900-04-24
C|TY'S RIGHT CLEAR.
Municipal Attorney Scott on Legal
Phase of Warehouse
Question.
COUNCIL MAY PROVIDE STRUCTURE
Not the Slightest Doubt Exists as
to That-.Davenport's
Predicament.

Since the Rock Island city council,
acting in response to the petitions of
the business men of the city, deter
mined to provide accommodations for
steam boat traffic on the river front by
adopting such a course IS would,
while evincing disposition to provide
for the steam boats, indicate at the
same time that the city proposed to
remain master of the new levee and
all that pertained to it. the question
has been raised as to the legality of
such course as the city had taken.
This view of the case, il seems. has
been presented to Aid. Charles Willis,
of the Fourth ward. Mr.. Willis was
originally opposed TO the erection of
warehouse by the city, but when he
saw the attitude of the business men
and realized their wants. and gave
the situation in all its various phases
more study, he became convinced
that the only right and logical course
was for the city to do its duty in the
premises. and provide the building
and protect itself. Satisfied on this
point and with the further fact that
the city would realize just returns
from it's investment, Aid. Willis was
not to be swerved in his position by
representations as to the legal status
of the case. He accordingly placed
the matter before City Attorney
Scott, who looked into it thoroughly
and has written Mr.. Willis the follow
ing opinion on the subject:
City of Rock Island, Law Depart
ment, John K. Scott, City Attorney;
Rock Island, ILL.,, April %. 1900.
Charles Willis, Esq, Alderman Fourth
Ward, City:-As to whether or not,
under our state law, the city of Rock
Island has the legal right to erect and
maintain a building upon the river
front. or a steamboa warehouse and
passenger depot, or wharf boat or
dock for the same purposes, / beg to
give you my opinion in the matter,
after due Investigation.
Par. 81 of section 63 of chapter 24
of Starr & Curtiss' Revised Statutes
of Illinois reads as. follows, and dele
gates the following power to the city,
through it's city council: TO erect
and keep in repair public landing
places, wharfs, docks and levecs."
The law further specifies in par. 30 of
the same section that the city has the
right Ito fix the rate of wharfage or
dsckage." and in par. 80 Ito appoint
harbor masters and define their
duties"
AS / construe Par. 32, if the city
has the right to erect, maintain and
let for a wharfage and dockage. rate
to be fixed upon by itself. PUBLIC
landing places. docks and levees; the
law necessarily implies that such
landing places or wharfs shall be suit
able for the purposes for which they
we've intended; that is, a shelter must
be provided for passengers as well as
for freight. otherwise the ordinarily
accepted idea of what constitutes
wharf, dock or levee would not con-
troll.
Without going further into detail,
l would say, that l believe, under our
law. the city has the legal right to
erect wharfboat or a suitable
building on the levee for the pur-
poses outlined in Par. b of
section 6S above referred to; namely,
TO be used and kept as public land
ing place and to be controlled by the
city. The city has a right to fix rates
of wharfage and to appoint har Dor
master, if necessary. Yours very
truly, j. K. SCOTT,
City Attorney.
Mr.. Scott, it may be also said is, as
the majority of the people are. op-
posed to the giving away of any rights
or privileges on the new levee for any
purpose, and feels that if the interests
of Rock Island Justify the erection of
steamboat accommodations there.
the best and safest course is for the
city TO provide them.
Trouble Ahead on Davenport Side.
Over in Davenport, from which
city have come sneers at the Rock ISL
and levee. and repeated taunts be-
cause of the determination of the city
to remain in control of it, and to pre-
vent trespass upon it of any kind re-
gardless of what private concerns may
become aggrieved, they are now hav-
ing a conflict of interests on the inn
proved river front because several of
them have rights there that the city
cannot dispute. The Republican of
this morning thus describes the stu
alton on the Davenport side:
There is some trouble ahead be-
tween river interests and the new
road unless some strict orders are is
sued to the switchmen and tIainmen
who handle the cars in front of the
Diamond 10 freight house. At pres
ent there IS but one narrow crossing
where teams can cross the track to
reach the boats. Chance is ever I'M
fortunate on the levee and it has
seemed lately that the railroad inter-
ests had taken a fancy toward leaving
freight cars on the tracks in such
position as to exactly block progress
on the part of the teamsters. Such
is, of course, not the case, but the
river men. transfers and shippers
have been warm about the matter.
Capt. Blair registered kick with the
railroad officials, and received the as
surance that more care would be