City of Ottawa v. People of State Ex Rel. John D. Caton

• Decision Date: 30 September 1868
• Citation: 48 Ill. 233,1868 WL 5088
• Parties: CITY OF OTTAWAv.THE PEOPLE OF THE STATE OF ILLINOIS ex rel. JOHN D. CATON et al.
• Court: Illinois Supreme Court

48 Ill. 233

1868 WL 5088 (Ill.)

CITY OF OTTAWA

v.THE PEOPLE OF THE STATE OF ILLINOIS ex rel. JOHN D. CATON et al.

Supreme Court of Illinois.

September Term, 1868.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of LaSalle County; the Hon. EDWIN S. LELAND, Judge, presiding.

This was a proceeding by mandamus instituted in the court below, to compel the City of Ottawa, to maintain, repair, and open and close certain bridges named in the alternative writ, under an act of the general assembly, of March, 1867. The further facts in the case fully appear in the opinion.

Messrs. RICE & AVERY, for the appellant. Mr. J. D. CATON, and Mr. GEO. C. CAMPBELL, for the appellees.

Mr. CHIEF JUSTICE BREESE delivered the opinion of the Court:

On the seventh of March, 1867, the general assembly of this State, passed the following act, which was approved on that day:

“AN ACT

TO AUTHORIZE THE TOWN OF OTTAWA, IN LA SALLE COUNTY, TO ERECT TWO BRIDGES ACROSS THE ILLINOIS & MICHIGAN CANAL.

Sec. 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly:

That Joseph O. Glover, Lorenzo Leland, and Albanus E. Grow, of said town of Ottawa, be and they are hereby appointed Commissioners to erect two bridges across the Illinois and Michigan Canal, with the necessary embankments and approaches thereto, in the City of Ottawa--one of said bridges to be located on some street east of LaSalle street, and the other on some street west of the side-cut; and to cause the amount of money necessary therefor to be raised by taxation, as hereinafter mentioned. Said bridges, when constructed, shall be maintained, repaired, and (if pivot bridges shall be built,) opened for the passage of boats, by the City of Ottawa: Pro vided, said bridges shall not be built until plans of the same shall be submitted to the Board of Trustees of the Illinois & Michigan Canal (or their successors) and be approved by them.

Sec. 2. It shall be the duty of said Commissioners to cause both of said bridges, with the necessary embankments and approaches thereto, to be constructed and paid for by taxation, as follows: After having determined upon the plans thereof, and ascertained the cost, said Commissioners shall make report to the Board of Supervisors of LaSalle county, of the sum of money necessary for the construction thereof, and thereupon it shall be the duty of said Board of Supervisors to cause the sums of money so reported to be levied and collected in the next ensuing year, in the same manner that other town taxes of the said town of Ottawa, are now levied and collected by law; and said sum of money when so collected shall be paid to said Commissioners, and shall be a fund to be used by said Commissioners for the erection of said bridges and the embankments and approaches thereto; and in case the said bridges, with the embankments and approaches thereto, should cost more than the sum of money reported, the deficiency may be raised in the same manner that the original amount was.

Sec. 3. After said bridges shall have been completed, said Commissioners shall make a report to the town clerk of said town, of the manner in which they have discharged the duties imposed upon them by this act.

Sec. 4. The Trustees of the Illinois & Michigan Canal, are hereby authorized and requested to contribute such sums towards the construction of such bridges as may be just and equitable.

Sec. 5. This act shall take effect and be in force from and after its passage.”

These Commissioners decided to erect one of the bridges on Columbus street, east of the side-cut, and the other on Walnut street, west of the side-cut, both in the City of Ottawa. The plan adopted was for pivot bridges, which was approved by the Board of Trustees of the Illinois & Michigan Canal.

The contract of building was let for the sum of seven thousand two hundred and fifty dollars for each bridge; one of them to be completed by the first day of January, 1868, and the other on the first day of March following.

At the September session, 1867, of the Board of Supervisors of LaSalle county, the Commissioners reported to them, that it would be necessary to raise the sum of twelve thousand dollars for the construction of the bridges, which they caused to be levied and collected, which was paid over to the Commissioners.

On the thirty-first day of March, 1868, the Commissioners notified the Mayor and Common Council of the City of Ottawa, of the completion of the bridges, and of their duty under the first section of the act.

The authorities of the city did not cause the bridges to be opened for the passage of boats, but neglected and refused so to do, and refused to keep the bridges in repair.

While measures were in progress for levying the tax, the attorney of the City of Ottawa was instructed by the city council to take the necessary steps to test its validity, and prepared a bill in chancery to enjoin its collection; but, as we infer from the record, on its being represented to them that the glass works, about to be erected, would not be erected unless the Walnut street bridge was built, which was near the proposed location of the works, the city council adopted a resolution by a large majority of its members, declaring that the prosecution of the suit would not be for the public interest, and the city attorney was directed to cease its prosecution.

It would seem, that on the faith of this action of the common council, the glass works were erected near the north termination of the Walnut street bridge, at an outlay of more than sixty thousand dollars.

It also appears that, on Columbus street the city engaged, with others, in erecting a large hotel; they embarking in that enterprise ten thousand dollars, the advantages of which are alleged to be greatly lessened by the neglect of the city to take charge of the bridge on that street, and it is alleged that the danger of navigating the canal is greatly increased by this neglect, for injuries resulting to which, the city would be liable. Parties interested in the glass works, and...