Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1910-11-02
TOLL ILLEGAL ON
MILAN BRIDGES?
Opinion Of Lawyers Is That
Persons Using Them Can
Refuse Payment.
is NOT CONSTITUTIONAL
Held That Only Interest Municipality
Has Is in Iron and Lumber
of Structures.

j. T. and S. r. Kenworthy, retained
as counsel by a number of business
men who are seeking to have tolls
charges on the Milan bridges abolish
ed-a much to be desired innovation
have made an investigation of the
legal history of these bridges, and
have reached the following conclu-
sions:
I'VE are of the opinion that the city
Of Rock Island only succeeded to the
rights Of the Rock Island & Camden
Plank Road company, and that its
rights to maintain a toll bridge ceased
on the expiration of the charter of
that company which was on June 6,
A. d. 1882.
THE city has, in our opinion, no
lawful right to either charge tolls, or
to expend any of the money toward
the repair or maintenance of these
bridges, and any taxpayer of the city
could successfully maintain a bill
against the city TO enjoin it from using
any OF its money for such purpose. All
the rights the city now has is in the
lumber and iron and other material
composing the bridges.
Could Dust City.
Amy citizen OF the state, through
the attorney general or the states at
torney of Rock Island county, could
institute proceedings in the nature of
quo warranto proceedings, and GUST
the city from the exercise of the fran
chise OF taking tolls on and maintain
ing these bridges as we do not think
the legal effect of the act of May %,
1881, and the subsequent amendments
thereto, has or have any effect TO ex-
tend the charter of the old Rock Is
land & Camden Plank Road company;
to give It that effect would be, as we
think, a violation Of the express pro-
hibition of the constitution of 1870,
in regard to special legislation"
The attorneys have examined the
private and public" legislation from
1888 to and including the last session
OF the general assembly in 1909. but
they found no special or private au-
thorizing the construction and main
tenance Of these bridges; but in 1S49
the general assembly did pass an act
entitled "An Act to Provide for the
Construction of Plank Roads by Gen
eral Law" which act was approved
Feb. IL. 1S49.
Under the provision of this act. and
On June 5, 1852, the Rock Island &
Camden Plank Road company was or
ganized, by the express terms OF the
enabling act" as we'll as Jby the arti-
cles of association, as appears from
the files of the office of the secretary
of state. The duration of this corpor-
alton was expressly limited to 80 years.
The articles of association were filed
with the secretary of state, June 5,
1852, therefore the duration of this
corporation would expire June 6, 1882.
Sells the City.
It seems that the Rock Island &
Camden Plank Road company. some
time prior to Feb. %, 1859. sold its
property and franchises to the city OF
Rock Island and doubt having arisen
as to the ipower OF the city to pur-
chase, the general assembly, by an
act approved Feb. %, 1859, passed an
act legalizing the sale by the company
to the city. BY the express terms of
the preamble and sections l, 2 and 3,
of said act, the city took the place of
and stood in the position of the Rock
Island & Camden Plank Road COM
pany.
In 1867 the city determined to ma |
cadamize the road and on April %, |
1867, the general assembly passed an
act authorizing the city of Rock Island |
to build and maintain a macadam- |
lied road instead of plank road on |
the line and within the limits author
lied by the charter of the Rock Island /
e. Camden Plank Road company.
BY an act of the general assembly, |
May %. 1877, anad enforced |
July 1, 1877, power was given cities to
acquire by purchase, lease or gift, and |
TO maintain. license and regulate fer
ries and bridges, so acquired and with
IN five miles of their corporate limits.
Toll Not to Be Charged.
BY an act of the general mbly,
approved and in force May 5, 1879. au-
-hority was given to cities to give or
acquire by purchase, lease or gift, and
10 maintain ferries and bridges within
the corporate limits or at any point
within five miles OF the corporate |
limits. This act especially provided |
said ferries and bridges should be
free from tolls and free to the public.
By an act of the general assembly, |
passed and enforced May 20, 1884, the
act of May 5, 1879, was amended by |
adding a proviso to the first section,
hat where any city or village has |
become or is the owner of any toll !
bridge or ferries. and is keeping up |
and maintaining the same by author
ty of law, all ownership and right |
vested in such city or village shall i
continue in and be held and exercised |