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' k0" Aars NO Uik
A rf IARLBAKING POWDCrSI
11 C llTMOUNOT0RISC
! "tv rrrr
PURE CREAM TARTAR.
If alum or any injurious Kiibsiances cm. m found
in Andrews' IVwrinaklriK Powder. Is ikh
lively PURE. Hoinfil'rM'l, snl UMinwnlals
nvelvcd from such chemists asS. Unmi HnyK, llos
liu; M. iNdnfonUllllP. of CMcuum mul Cuslnvu
Uvniv. Milwaukee. Nev'r.ld in hulk.
C. E. ANDREWS A. CO.
t Jiichkuii Av. 2S". ii '.".'l l- Wittff
Kvorv Comot iB warranted HiitiB
factory to it wearer in 'vry vhv,
or tlio monov will lie refunded I'V
tlio person from whom it was honclit.
TtinmilvlVinu't pronounced ly our l.-.-uliiiir fl.v-lili.n-.
not Inlurl.iua In lh"M" i'. "'""' '"'.' "H
thn ' iiiontciiuforlal.lo nml p Ti-ct mini,' "rul ever
UU"U' PRICK, br Mull. PmlHgc t
llrallh IWrvlmr. & "d'- llu.ll.i. .!
Abdominal (txtr.beavjl . Nur.ln. t.O
Health Prewrvliia- itlne i-oullli tf.M. I'tn
For tale by trading ll-nll l.-iil.r rryv. In n:
CMtWfiO t'OlWl'T CO.. hle.Mt . III.
Caiilo, 111., July 27th, 13'.. (
Id'C'iIur Moot inn .
Present His Honor Mayor Tliistluwootl
and Aldermen Rlnkc, Hallidny, HuIich
luinbrongli, McIIilc, I'utier IVttit and
Absent Hinkle, and Swoljodi -'.
un motion of Alderman IIiil'Ijivs Minutes
of Inst rt'ulnr und iutcrvcniii,' Meetings
were upjirovuJ without rending,
Tiros. J. Kerth.city trettsureer.Buliiiiitted
report for month of July showing iiniount
of money ronmining in the different iundd,
and amount received and paid out during
On motiou of Aldenufin ll.illiday re
ferred to city comptroller for venticition.
Report of I). J. Foley city comptroller
for the mouths of May mid June
showing the expenditures tunl Ulunces in
the several appiopiiatiou funds up to July
for what account
amount am i n
ai iro' M.tnilu(l
riuliMl, iu Mny.
lnvi m m i h.i
5 h d iii
'.art in li.iii nj
, Oil H (HI
J"l'Mli ,. .,
I.MiU Ul I I'll lis
.ryi m l ij
II Ht 01
HI (H 1H ,'li
h in :u -.'ii
S HKI Oil 'l-l 141
,i Jt in 'jiiV t.'i
Ji: jo on jri ii
hill I I X-
ill .III DM.
Hoard ol ll.aith.
Interest coiipnii .
Kallroad Mr el.
Spec' levin fund.
Mil Rl SMU III
l :- :m ur, i i i
ifi 'i;n 01
;i ii i i mm on
i u i jr. u a t
Xi .;o i:ih irt
. . IiHI 00
V! HI l'-i'.l K'l
no VM Ml
11. in 77V) Ml
iii :',fi '.'ini.J li
i sr. mo iii
M ! ' llMKI (M)
' HI W lil-Cl
l.VIKI Oil I.ViHJ Ml
On motion of Aldeniiiiu Wood received
and ordered juinted with the proceedings.
John Cain, city j tiler, submitted report
showing number of prisoners having served
Uurinn monili of July.
On motion of Alderman i,uit received
John II. It ibiiM ,n, J. I, reported num.
berufcvi'M tried and numb ;r of Hues as
sessed during month of July.
On motion of Al'icrmnu I'ettit relerred
tocily attorney f.r vcrit'icalnm.
Win. 15. (lilbert, corpuratinu coimehl,
submittal mo r.tlt.winK opiuioiu in matter
of resoluiious t condemn ioo ucks
ground and portion of Ohio lewe:
Law Okmcks ok Ohkkn &, Gii.nb.in',
tAIHo, I J-I-M, July tilth W,
Uliyt-oiirwlluf ll flty of Cairo
0KNTUMAN.-M,r ,,,',. ol l'(
V .1 ri",!,""l" "O' more immudiiitu
attention, luve pievmaed an euili-r consid
oration and roply to tl,,, iwo follow...;: res
olutiotm. t.z: "
lereby MHtnicteihotakclli,. i,.,c,hh.v sK -i.h
to condemn one luu.d.ed tl,u.s of ,lMd
out i.deorth,, M,H,,HH,ppi ,,v,,, ,M.y(mi
len h Htrcet, for pbu; p(ln,H, t ,
used in tilling streets .md luUni ihc city
and to report Ins action and tin. nocuMnry
papers to the next meeting of thu Civ
Council. " '
"Resolved that the Corjioralion Counsel
is hereby instructed to proceed by the nec
essary papers or otherwise to condemn huch
ortioni of Ohio Lo rec, between 8th and
' " rf
111) ! fUll v
Mill streets on Ohio Levee for public
use and to rejurt his action ut thu
next regular meeting of the City Council."
After respectful consideration of above
resolutions and legal questions involved.
1 beg to report that it m impracticable un
der the. law and said resolutions for tho
Corporation Counsel to "proceed, by the
necessary papers or otherwise, to condemn"
lice., us iu said resolution (specified.
Fiust: The Eminent Domain Law" of the
state (chapter 17. Revised Htatutca) does uot
authorize condemnation in every case or
for any purpose, except "where tho com
pensation to bo paid for tho properly
sought to be condemned can not be agreed
upon by the parties interested ;" and ac
cording to tho uniform holding of the
courts, the petition tor condemnation
must so allege; which allegation presup
poses and requires a previous application
in, and effort to purchase of the owner; ami
I no not tind that tho City Council on
behalf of tho city has ever taken any actum
looking towards a voluutary purchase of
the property proposed to be taken. Uutil
such action is taken and it is ascertained
that the pai ties interested cannot agree up
on tho compensation to bo paid, tho city
is in no position to take the property by
condemnation against the owners consent.
Second: Tlio description of property, as
designated in said resolutions, is so gener
al in terms as to bo wholy inadequate, un
der the law, as a basis upon which to tilo
a petition tor condemnation. It is impossi ble
to say what is intended by the inscrip
tion ''such portion of Ohio Levee, "be
tween bill au l Mth streets on Ohio Levee."
The City is already absolute owner iu teo
of all that portion of Ohio Levee between
the streets named as included in Levee
Street sixty feet in width,
and the city does not certainly
desire to condemn its own property.
Whether this sixty feet would embrace
tho whole Levee proper, or whether, with
the abrasions thereol from the river be
tween 8th and 14th streets, there still re
mains some portion of the original Levee,
and if t.o how much and the legal proper
discriptiou thereof, which the city desires to
condemn, is not manifest from said resolu
tion. 8o ulso as respects the "one hundred
acres of laud out side ot the Mississippi
levee, beyond tenth street, "the resolution
tails to designate, by proper description
what particular "one hundred acres" the city
proposes to condemn. There can be no pe
tition filed for condemnation therefore until
the city council has itself determined and
shall by proper legal description designate
the .articular properly it is desired to con
demn and concerning the compensation for
which the city und owner have not been
able to agree.
TimiJ): The supreme court of this state
(47. Ills. Reps. p. 4U;l ifcc) has expressly de
"1. That under that cleanse iu our con
stitution which provides for tho taking of
private property tor public use, the use must
be such as is public in its character, and
not public because it is declared to be
"2. A municipal corporation litis not the
power to condemn private property tor pub
lie use for purposes not specially natpe in
scope and meaning ol the delegated author
"ij. So where the charter coufers author
ity on tho city to take private property ft
opening, altering and laying out any street,
lane, avenue, alley, public siiubib or othc
public grounds," such delegated authority
does uot corner tno power to condemn prop
my on wliicn to erect a city prisou
"4. The great and essential oblectofall
governments being to secure individuals in
the enjoymeut of their rights that security
would uot be allomed it the property ot
each individual might be appropriated to
piivatc purposes without his free consent, or
to w hat a collection of individuals, uiiijht
choose to declare for public use. Nor should
this security be overlooked in the zeal of
public-spirited persons, in their desire to
promote the public good. The fundament
al law has not declared that the property of
tlio citizen may be applied to such purposes
as the general assembly, or such other per
son or body as they may designate, may de
termino to be lor public use. The power is
vested in tho legislature to say for what
purpose it shall be taken, and that is not
discretionary, but is limited to publib use."
Indeed it is the well settled lsw of this
Biiin-iiiHi piivmu propeny can never lie
condemned tor prieato use under any cir
cumstances, nor tor i veil "public use" iron
erany, inn only mr ttie special purpose or
particular "public use ' authorized by the
law, which in tno present case is the city
charter; and it is essential that the city
council, as a condition precedent to any
iij;lit tocondemn property against the own
ers consent, should not only show failuro to
agree with the owner as to tho compensa
tion to bo paid, and clearly describe the
property sought to bo taken; but ulso ex
plicit declare, not merely that it is wanted
lor "public use" in general terms but for
sumo (articular "public use" to be
specified by tho councilfor which its
charter authorizes it to condemn private
Tho resolutions in question are indefinite
and uucerlain as to the particular "public
use" for which tho property therein spcoi-
ud is required. Couduuinntion of "por
tions of Ohio Leveo" is ordered simply fur
4 public use," without specifying fur what
particular "public use"; and condemnation
of "one hundred acres of laud outside of
tho Mississippi Leveo" is ordered "for pub
lic purposes, to be used in filling streets
and lots of tho city," without xpecifyiug
what streets are to bo tilled or tnakiiic unv
provision for filling smie, und also without
specifying what lota or providing for the
Idling ot any lots, as required lv the ('itv
Charter; so that itis impossible to ascertain
from tho resolutions whether tho declared
"public use" or "public purposes" aro in
deed "public" within tho meaning of tho
constitution, or if so, is such a "public use"
as the City Charter authorizes thu taking of
private property for by condemnation. If
it is proposed to use any portion of the 1U0
acres of lurid to Oil lots of tho city owned
by individuals, it is very clear that there
can be no condemnation fur any such pur
pose under the City Charter. On the other
hand, if the "public use" intended, is solely
lo procure dirt to fill the public streets of
the t ity, then tho particular streets to be
tilled must by ordinance be specified and
such filling provided fr, and at most, no
more dirt could be condemned than was
necessary to make the improvement so or
dned and provided for.
The present City Chatter (Chapter 24,
l' vised Statutes) empowers tho city "to
lay out, establish, open, alter, widen, extend,
lve, or otherwise improve Btrcots, allcjs,
Tim DAILY CAIRO BULLKTIN:
avenues, biuowbikb, wm.ivc, puma u"
public grounds"; and for these purposes the
city, under its charter and omincnt domain
law might tako by condemnation such
private property as is required for such
purposes, but it could only do so in tho
modo pointed out in tho charter, viz: by
tho passage of an ordinanco providing for
and specifying the .articular improvement
to bo made.
Article IX of tho City Charier is very
explicit on this point; and it is therein
"Skc. 2. When any such city or village
shall by ordinanco provide for tho making
of any local improvement, it shall, by the
same ordinance, prescribe whether the
same shall bo made by special assessment
or by special taxation of contiguous prop
el ty or general taxatiou, or both."
"Sec. '6. Should said ordinance provide
for-improvenients which require the taking
or damaging of property, tho proceedings
for making just compensation therefor
shall be as follows:
"Sec. 4. Whenever any such ordiuaucc
shall be passed by the legislative authority
of any such city or village, for the making
of any improvement such city
or villiage is authorized to make, tho
making of which will require that private
property bo taken or damaged lor public
use, such city or village shall file a peti
tion in some court of record" Ac.
It is clear from the charter that the pas
sage of a resolution tocondemn private
property for "public use" is wholy inade
quate as a basis upon which to commence,
proceedings of condemnation.
The passage of an ordinance providing
for some public improvement authorized
by the charter, viz: The laying out, es
tablishing, opening, alterating, widening,
extending, paving, or otherwise improving
streets ayenues, sidewalks, wharves, parks
alleys and public grounds."
If the particular improvement provided
I ll .U . ...1. n ,1
for in the ordinance requires the taking of
private property, and the compensation
cannot be agreed upon by the parties in
interest, then legal steps may be taken
to condemn the private property so re
quired to make siK-h improvement.
Iiut it is universally true, as a well set
tled proposition of law that only such pri
vute nronertv. and so much ttiereol, as is
required for the special purpose or improve
ment ordered, can be condemned.
If the taking of land itself is required
as iu the case of laving out, extending, &c,
of streets, Ac, then the legal title thereto
may be acquired by the city by couuem
Rut if the improvement ordered was the
mere filling of certain streets with earth to
bo taken trom tt.e private lanu oi oiuers,
it is verv clear that only so much earth
could be condemned as was required to do
the particular filling ordered. It would
not present a case id' the taking or condem
nation of the land itself, tho complete title
aud ownerihipof which, in theory of law,
pYtends to the earth's center, but would
simply be a case of damage to tho land
not taken, by removing therefrom so much
earth as is required for doing the rilling
specified in tho ordinance.
-IJjre&uiAO. therefore the resol utions J n
body without due reflection or considera
tion of the city charter and law of eminent
domain applicable to such case?, and it will
now bo aparrent to you that the corpora
tion counsel is powerless under tho law to
comply with tho instruction therein given,
Wm. D. Gir.iiEKT, Corporation Counsel.
Alderman Patier moved to refer to city
attorney and committee on streets jointly,
aud that it be printed with the proceedings.
Wm. B. Gilbert, corporation counsel,
submitted the following report of Nelson
Rix and others, which was, on motion of
Alderman Wood, received and ordered
printed with the proceedings:
Cairo, 111., July 31st, 1882.
To ttie Hon. City Cotiucll uf the Cltv ol Cairo.
Gentlemen In matter of petition of
Nelson Rix aud others for abatement of
sidewalk assessment upon lots 7 and 8,
blk 7o, city, on the ground that the sumo
arc church property and exempt from taxa
tion, referred to corporation counsel July
25, 1882, and herewith returned, I respect -
tally report that although the general rev
enue laws l the state exempt church
property from payment of taxes; yet the
supreme court of tho state has in several
reported cases decided that an assessment
for a public improvement, such as construc
tion ot sidewalks, Ac, is not "a tax ; anil
it is expressly held by the court in case of
Ufy of Ottawa vs, Trustees of the Free
Church, 20 III., Reports p. 423, that "church
property is liable for special assessments."
Wm. B. Gimjekt,
IlKi'OHTS OF COMMITTEES.
Committee on streets reported
having examined sidewalks on corner
Ohio levee anil 8th street
and recommended in lieu of a temporary
sidewalk, a good plank walk to bo built as
soon as practicable by special assessment.
Alderman Blake moved to receive report,
and that tho ordinanco committee report
an ordinance in accordance with report of
Alderman Wood moved to amend the
motion by striking out in report of Com
mittee Ohio leveo walk, and that said re
port only include walk on 8th street.
Motion ns amended adopted.
p'ONI I.CDKII INTO MOUIIOW'M DAILY
Motlici'Hl Mul hers!! Mothers!!!
Are you disturbed at uicht mul brnlnm
f your rest by a sick child suiTorlm? and
rying with tho excruciating nain of nitHnir
teeth? If so, go at oi.co and get a bottle of
Mrs. Winalow's Soothing Syrup. It will
relievo the poor little Biill'erer immediately
- .1.... i.ll.l ll.w.. Ii. l ! . . . -
.......n i'. ..I' n, mere is in) mistake
about it. There is not a mother on earth
who has evtr used it, who will not tell you
at once that it will regulate the bowels,
and pive rest to the mother, and relief and
health to the child, operating like ma"ic.
It is perfectly safe to use in all cases, and
pleasant to the taste, and iB thu prescrip
tion of one of the oldest and best female
physicians and nurses in the United states
Sold everywhere. 25 cents a buttlu.
FJtlDAY MOItNINO. AUGUST 4, 1682.
Chills aud Fever,
Hlmn.oim I.lvnr llegu
lator rimn hreaka tlx
r.liilld and rnrrlen tlio
fever out ol tlieejHti'Hi.
ll cures whim all other
I''.ir tho rullr and euro
of thin (liKlroBslioj din
eiice un.' Minimum Liv
The Keen Int nr will i(ihltlvly curs this k.rllilii
illneaHit. We OHntTt einphatU'Hlly wind wo know to
I.oulit not b rHuardi'il fin a trlttlnr; ailment. Ma
in re i.i-uiuniiH the uluiDDt regularity of the bola.
I lierefore akxict nature by laklii( Siuimonii Ltvtr
Regulator. It is haruletB, mild nml eflectual.
Duo or two tubleiqiootifuls will relieve all th
trouble Incident Iu a billoua Hlnle, mid. an Naiifea
Ih.zliieHK, DrowclneHK, ..itrotK alter eating, a bit
ter hud tin-le in the mouth.
MAIjA hi a.
I'e.fuirK nmy avoid all attack by orra!oally
Ukhii: a don of Si. union Liver HeuUtor tu keep
the liver in healthy action.
BAD HI IK ATI 1!
ce.iemlly arising from a disordered stomach, ran
he corrected by laklui; hliuniou Liver Heculator.
Simmon Liver Kvirulat roon eradicate till dis
ease from the B,tcm, leaving tho fklu clear aud
free iruii. all tuirmrttie.
Children HiUVerinj' with rollc ion experience re
lief hen hiinmuns Liver KepulHtor i admiiiistr
d. Adult alHO derive treat benellt from thl
medicine. His not unpleasant; it ii harn.leM
and elleetlvo. Purely veuetahln.
BLA 1 ) DKIiit KI UN KYS
Most of the dleari ol the bladder originate from
those ofthe kidney. Kestoro the action of the
liver fully and both the kidney and bladder will
tHrTakc oulv the genuine, which alway ha on
the wrapper the red 'I trade mark aud signature, ol
For sale by all drugpist.
Pain Cannot fcjtitv' Whore
It Is Used.
lihuematisin Is cur. d by
THOMAS' ECJ.K'JTKIC OIL
A lrae buck of eluht year standing was positive
ly cured by 60ee.it worth of
TAOMAS' ECLEl TKICOIL
Common sore thro. " jj' A y c I.TcT fll COIL,
Coughs and colds are cured by
THOMAS' ECLECTHIC OIL,
All throat Btid lung disease are cured by
THOMAS' FCLKCTKIC OIL
Asthma is cured by
Hums and frost bites are relieved at once by
THOMAS' KC'LhCTIMC OIL
Always gives satisfaction.
Sold by Medicine Dealers everywhere.
Price COc. and $1
i'OSTKIt, MILUL'KN & CO., Prop'.
HiiIThIo. N. Y.
VOl It CAPITAL.
'I h, .lesiriiiK to initkH money
en s i nll iiii'l ini'.liimi investment!!
in i:imiii. iu-mvihI. 1IH Hint ktouk
M'l'eiilntmn. i nn .o so by f.H'r
iitiuu ...I one ijI.iii. I- ro.ii Mav 1st,
l-l, I.. .In- pivni'iit .iil,i, on lii
VKiini'iitn -t-loootoiH.iMKi, cash
petit leiv.t .ie..n rtmllzml aj
i'lii.l Li iiivoht.ii Hinoiiiitinu to
H'-veviti tool.,) thn cnimuil invest
liieiit, Mill Ic.iviiiK tlieoiiyinal 111
vehtnifiit miikuitr money or pay
ul.le on .I' M in i. I. Kx I'Iunh Uirv eir-ci.Iiii-h
ii ii-1 litiitmneiitH of fund VV
wilt fri'i". Wowmit ieHioiisil)le
iionls, who will ri'itfirt on crop
no. I iiitro.iien tin. plan, I.iburui
riiiiiiiiiKHiiiiia iiui.1. Address.
I I.KMUIXi A MKIIHIAM. '.
mlulnn V. rihaiiti., Major hliKk,
4 him.), HI.
j FRANK TOOMEY,
AOKNT roH Till? SALE or
BAX T K 1 1 S T K AMKNfUV E
VS.'STfj j Colt's Disc Knglnc
ami Marine Engines
1" ARM EXOIN'KS. MAfinxisTS'
OF ALL KINDS, HELTIN(J,
PuIIpvh ami (Ipiicral SujiiilieH.
No, Ml, North Third Street,
Singer, llncliu, Man-
uruKe, niunni-ia, and
m.iny or the bant nicill
cine knnwit nro com.
blued In I'urkcr'aClngfr
Tunic, Intd a medicine
of tin n v.n ird power, a
to make It the greatest
lllooil I'uiifier mul ttia
Ilest Health AM ronittli!
Iteatnrer Krer I'usd.
It rule Klieiimatlsin.
Sleeplenes, & diseaes
ci ilia Monuai, Uoweli,
IJ.L Lung, l.lver & Kidney,
llair DalS3m lntirelydifleratlfruiiil
Thf R-it, f'imimi, nil rhtW. (oncer Kwence
ln. Kent hilt in nil,, lb. never inlolldlci. Uutam
nm ti-nnmniri ... w una ofner lane, a it
1 1 1
( 79 1
l Z ,rt I on Chemist, N. Y.
laKf.ati.1!! .(... rr.S..lsrr'iytnrilliirBlw.
Iutlepenilent iii all
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