Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1903-05-08
is TURNED DOWN
Yates Proposition to the Legisla-
ture for Time on Mueller
Bill.
SENATE SETTLES IT WITH mo"
Attorney General Hamlin Says Meas
ure is Valid In All
Respects.

Springfield, Ills. May S.-Goyernor
Yates yesterday morning transmitted
the following letter to Attorney Gener-
al Hamlin regarding the Mueller bill.
The letter is dated Springfield, Ills,
May Z. 1903, and says:
''Slr: 1 have the honor to herewith
transmit for your consideration senate
bill No. 40. which has been passed by
both the senate and the house, and sub
mitted to me for approval OF disap-
proval. 1t is commonly called the
Mueller bill, and is entitled "A Bill for
an Act to Authorize Cities to Acquire,
Construct, Own, Operate and Lease
Street Railways. and to Provide the
Means Therefor" l have the honor to
ask for an Immediate opinion as to the
legal effect of each section of this bill.
The general assembly VIII probably
adjourn at midnight tonight. and L
would like your opinion, If possible, by
noon today.
Opponents of this bill contend:
''First-That it provides for an In
definite or perpetual ranchise for street
railway companies and that this is not
corrested by section six 90 which it is
alleged prohibits only grants over
twenty years and indefinite Occupa-
tions under u grant.
Big Debt for Chicago Suggested.
''Second-That it will saddle the city
of Chicago with vast Indebtedness, as
it provides for issuance of street rail-
way certificates, the amount of which
may be large, for example $I5.000.000,
while foreclosure and sale of the
railway may bring only a much small
er amount, for example $50,O0O,000,
leaving the holders of the certificates
with a claim against the city for the
deficiency, $50, 600, 900, and it is claimed
that the city would DE held liable or Mt
least harassed by the holders OF this
claim.
"Third-That the street railway
Sc. tificates' provided for in section ,,
line three, will constitute liability
and obligation OF the city in violation
of the constitutional limitations of mu-
nicipal Indebtedness.
May Ring In the Ninety Mine.
"Fourth-That by making an eXcep-
ton of existing properties i'll making
the restriction embodied in lines 13 To
q inclusive, in section l, where the
words. except of street railways now
operated under existing franchises
are used, there may be included in the
valuation for the purpose of acquisi-
ton by the city the earning power
and the value of unexpired grants,
including among others an alleged I'M
Il Nf Il
that of this exception the existing cor
porations would take enormous ad-
vantage. contrary to public policy and
that this provision is void for discrim-
inatiOn.
Pays for Its Own Property.
"Fifth-That such provision COM
pels the city to thus pay for its own
property.
''SiXth-That the provision the new
grantee shall purchase and take over
the street railway of the former
grantee, etc, in lines 10 and 20 of Sec
ton 1, is invalid because it compels
the new grantee to take not only the
franchise. but also the plant and tangi-
bic property of the former grantee.
HASN'T Time to Tell It All.
"For lack of time, L am unable to
specify all The points involved and
therefore request that you will not
confine your reply simply to the points
indicated, but give me as comprehen-
sive an opinion of the legal effect and
operation of each section as is posi-
BILE within the very limited time at
your command.
please see letter of John II. Ham
line. and statement of Allen Ripley
Foote, hereto attached, which please
preserve and return.
VERY respectfully,
ORCHARD YATES,