Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1909-11-23
MUNICIPAL MATTERS.
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stopped until investigation Of the COM
pany's rights to lay said track was
made: that said work is now incom-
plete and safely guarded with police
protection pending further definite ac-
ton. The mayor in his message out
lined the status of the case, as fol
lows:
q found that the rights Of the Chi
cago. Burlington 6 Pacific Railroad
company to lay and construct double
track in and through the said city were
acquired by purchase from the then
existing railroad company known as
the St. Louis, Rock Island & Chicago
Railroad company, which rights pro
vide for double track in and along
certain streets ard avenues of the city.
The points upon which their rights are
questioned by your executive are as
follows:
First, Just what does this ordin-
ance mean when it says that the said
Company is hereby granted the right
of way for a double track in and
through the highway commencing on a
line with tho east side of the street
projected northward west of P. L. Ca
ble's residence, and thence westward
through the public highway'to the west
end OF Illinois street; thence on the
north side of Illinois street to Madison
street ii. e.. Twentieth street,; (see
ordinance No. 81, revised ordinances,
1903)
Note: No point is given from which
to determine the north or south side
of the street; the center of said street
is not designated.
Second. 1 found that a crtain deed
given to the city from Timothy Bah
cock and Anna Babcock, his wife, in
the consideration of the sum of So
$500, to the city, given June %, 1870.
for a strip of land 481a feet wide,
known as Twenty-fourth street, desig-
mated as part of Bailey & Boyles' ad-
dition, contains the following reserva-
ton. in exact language:
"Tt is stipulated, however, that the
conveyance is made upon the express
condition that if said city shall ever
permit amy portion of said ground to
be occupied by any other than street
or horse railroad, the city shall there
upon pay the said Timothy A. Bah
cock, his heirs or assigns, the sum of
1000 in addition to the consideration
then made"
The mayor in his message further
suggested he believed he had acted
within his province as executive of the
city, and urged immediate action by
the council, and that special commit
tee be appointed to confer with the
company with a view of reaching final
conclusion. Alderman Schmidt moved
that special committee of three, as
suggested by the mayor, be appointed,
to consist of the mayor, city attorney
and city engineer, to report back, which
motion was properly seconded ]. ].
Ingram of local counsel for the COM
pany spoke before the council, and on
behalf Of the company gave assurance
that no further steps would be taken
with the view Of laying said proposed
track until some definite conclusion
had been reached between the city and
said company, and that police guard
now stationed where work Is unfinish-
ed might be withdrawn SO far as any
further attempt to continue work is
concerned, pending settlement of con-
troversy, which assurance was on mo-
ton, properly seconded, accepted by
the council. Alderman Prick moved
as an amendment to the motion that
the same committee Investigate the en-
croachments OF the said company on
the rights of the city at Second ave