Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-07-29
BY STEAD
Attorney General Declares Peti.
ton of Half Property Own
ers Unnecessary
FORMUNICIPAL IMPROVEMENT
Though Old Method Is Also Legal-ln
depreciation of Law Being Pro-
ceeded Under Here.

In response to letter from the Off
cials of Joliet. asking for a definite
ruling on the effect of the amendment
to the special assessment law recently
enacted. Attorney General Stead has
forwarded an opinion that will be of
pertinent interest in all the cities and
villages of Illinois. The attorney gen
eral now insists that petitions represent
ing at least one-half the abutting prop
erty are no longer a condition prece-
dent to such improvements as paving,
water mains and sewers.
May Proceed With Drain.
That was my advice TO the commit
tee at its meeting Thursday evening
with reference 10 the southwest drain, "
said City Attorney Olson with refer
ence TO the opinion. To-day | received
copy of the opinion from the city at
tOrney at Joliet, and il appears we are
all after the same thing-the power to
improve without petitions. This is
simply getting back to the first prin-
cipals. That section is the one that
has made most of the trouble and ev-
cry legislature amends it.
For years this state had no pro-
vision for Improvement by special as
sesSment the newer western states
preceding us with this. Along in 1885
law was enacted authorizing improve
ments without requiring the petition
of the property owners. and a portion
Second avenue was paved under that
law. Then they amended tie section,
with the effect that petiuons were
necessary, and now We are back to
where we were 20 years ago. The
council may proceed with the drain.
and the funds TO pay for it will come
not only from the owners of abutting
property, but from others who receive
benefit, some being appropriated from
the city treasury"
Opinion Given.
The local improvement act was first
passed in 1897" said the attorney gen
eral. Section OF that act was amend
ed by an act approved April 10. 1899.
and two acts were passed in 1903.
which purpOrted TO amend section 4
as amended by the act of 1899 but
said acts were held unconstitutional
by the supreme court Consequently.
the act of 1897. as amended by the act
of 1899, was held TO be the true section
of this law prior to the passage OF
the act of 1905.
No Petition Required.
1T is suggested that even if the act
of 1905 is effective TO amend section I.
that the provisions of section "a would
require a petition of one-half of the
owners of property abutting on any
street. alley. park or public place. or
portion thereof, before a local improve
ment could be made. Section "a is as
[ was before the act of 1905, and doubt |
less referred, prior to that act. to the |
petition of abutting property owners |
which the statutes then required; yet |
L does not necessarily follow that that |
section would require. since the amend !
nent of 1905, the petition of abutting |
property owners shall be a condition |
precedent to the making OF a local i'm
Drovement.
1T is a reasonable construction and |
the one which, in my opinion, the |
courts would adopt. that whenever the |
owners of one-half of the property abut-
ting on any street, alley. park, public /
place, or portion thereof, shall petition |
for any local improvements thereon. |
the board Of local Improvements shall !
lake steps. as required by the provi- |
sions of the act. for a hearing thereon. |
but this provision does not exclude the |
dea that such steps may be taken at
the election of the board of local i'm /
provements without such a petition, !
and there being no restriction any |
where else in the act upon the power /
Jf the board of local improvements to !
originate a scheme for any local i'm |
without a petition, but. on /
he other hand. that power having been /
expressly given by section :. il Is my /
opinion that the power TO make local
without such petition. as
required i'm section 3. as amended by /
he act of 1899 will be held 10 exist"