Chicago Dock & Canal Co. v. Garrity

Citations

• 115 Ill. 155
• 3 N.E. 448

Syllabus

<p>1. Streets—location of railroad tracks thereon—power of control in that regard—mode of its exercise, limitations, etc.—and herein, as to the city of Chicago. Under the ninth and twenty-fifth clauses of section 1, article 5, of the general Incorporation law, the common council of cities incorporated under that law is vested with the exclusive control and regulation of the streets of their cities, and with the power to direct and control the location of railroad tracks within the limits of their cities; and being inconsistent with the ninth clause of section 1, article 5, of the amended charter of the city of Chicago, adopted in 1867, must prevail over the latter. The provisions of the amended charter of the city of Chicago of 1867 being inconsistent with the general Incorporation law under which that city is now organized, must be regarded as not in force in that city.</p> <p>2. But the power of the city council in this respect is subject to the limitation imposed by the ninetieth clause of section 1, article 5, of the act, making a petition of the owners of the land representing more than one-half the frontage of the street, necessary to the grant of the right to lay a railway-track in any street of the city.</p> <p>3. Clause ninety, of section 1, article 5, of the general Incorporation law, “that the city, council or board of trustees shall have no power to grant the use of or the right to lay down any railroad tracks in any street of the city to any steam or horse railroad company', except upon a petition of the owners of the land,” etc., is to be construed as including both corporations and individuals. The word “company',” in the clause, must be held to embrace natural persons as well as corporations.</p> <p>4. Under section 13, article 3, of the general Incorporation larv, the yeas and nays are required to be taken upon the passage of all ordinances, etc., and the concurrence of a majority of all the members elected to the city council shall be necessary to