Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1905-04-19
RULINGS POPULAR
Those of Supreme Court on De-
pot and Paving Assess.
ment.
FORMER VEXED QUESTION
Which Hoped IS Settled For all Time,
as Progress of City is
involved.


evenings Argus of the opinion of the
supreme court sustaining the Rock
Island circuit court in refusing a wri,
of mandamus TO Capt. J. NJ Beardsley
to compel the city to remove the pas
senger and freight depots of the Dav-
export, Rock Island & Northwestern
Railway company. Seventeenth street
and First avenue, was read with much
satisfaction by the people generally of
the city.
Thus it put at end, for all time, it is
hoped, a moO.ed question, involving
the community. Capt. Beardsley. as a
| tax payer, ayerred that the railroad
company, with its passenger station,
was blocking a public street; that the
city council was without authority in
law to vote away the use of a public
avenue of travel, not belonging 10 it.
but to the people.
| Privilege Secured In Good Faith.
However, there were few people that
agreed with the complainant that the
depot was an obstruction in the street
mentioned, despite that it does extend
trifle beyond the western limits of
the same. While all share the position
that corporations should be restrained
| within certain limitations, and the
rights of the individual guarded, still,
none will deny that these privileges
of the railroad company on the river
front were obtained in good faith
And even if il were to come 10 pass
that the Davenport, Rock Island &
Northwestern should be compelled to
| vacate, that corporation would not be
the sufferer bit the Milwaukee, road
would be the one, the latter holding
the property under a 99-year lease.
The Milwaukee road, in the belief
that its franchises here were perma-
nent and without danger of attack
said that it would do by Rock Island
what it had long hoped to be able to
do, but was prevented because of not
having an entrance of its own into the
city. having, until the lease of the Dav-
export, Rock Island & Northwestern
lentered from the east over the tracks
of the Rock Island road.
FuIRHs Promises to City.
The Milwaukee has fulfilled its
promise to establish a main line
through Rock Island, and were the
spirit of the BeaTdsley suit to be car
ried out. the read would be seriously
hampered in its service to the public
Besides the depot in question is an
ornament to the river front and to the
city, and is not doing any one any
harm. II is now expected that the
Milwaukee will park the depot ground
and that the tower clock will be ill
Ievidence again by night.
Paving Ruling n Surprise.
The ruling OF the supreme court
UNFOLDING the assessment for the i'm
lproyement of Fourteenth avenue was
q surprise. because of the announce
ment some months ago that the same
court had held to be unconstitutional
the newly enacted law empowering cit
les under $4,000 to inaugurate public
improvement without the Formally OF
a petition from the owners of the abut
ting property.
The census of 1900 gave Rock Island
just under 10000 population. and it
was thought that the easiest way to
insure the paving of the avenue in
question would be TO proceed under
this new law The city was without
|
too heavy for the owners of the front
age on the avenue, and therefore it
was hardly to be expected that they
would petition for the improvement.
The assessment included property
| off the avenue on both sides, north and
south. and apportioned the expense, so
that il did not involve hardship on any
particular interests or individuals.
when the benefits were taken into con
sideration.
Cost VIII BE $4,000.
The estimate of the cost was $45.-
600. There were renuous objections
when the hearing came up on the con
| frmation of the assessment roll. Judge
Parmenter overruled the objections.
and an appeal was taken by E. H. Guy.
er. Annette Kimball and the Velie es
| tate of Moline Under the ruling OF
the supreme court. unless it develops
that a snag is met when the full text
Of the opinion is made known, the
city will be justified in proceeding this
summer with this much needed i'm
provement.