Show W six municipal X 1 goi av bitof on of th this city tic n now stands lace ace to face with the ques tran of paving the streets or the sidewalks which are part of the streets it is one of the gravest questions financially nanci naucia ally lly which city governments govern meats are called upon to deal with always involving heavy expense and a consequent increase of the burdens ot of the taxpayer but bat it may be doubted if the financial feature of this question as now presented to the government of this particular city is its most difficult one to cope with there are certain principles of organic law involved which require to be distinctly asee ascertained r and conformed to otherwise litigation confusion and much serious trouble may ensue in whom does the fee of the streets and sidewalks vest recent action taken by the city council is based upon the assumption that the fee vests in the corporation let it be assumed that this position is strictly correct that an exclusive title to the soil of the streets and sidewalks vests in the corporation can an assessment be levied upon an abutting owner requiring him alm to pave the street or sidewalk in front of his premises in olber words can private owners of real estate be compelled to lay paving stones upon land which belongs exclusively to the municipal corporation cana can a private land own er be compelled to te pay for a costly improvement pro to be placed upon a designated piece of public land does not such a procedure amount to toe the taking of private property for public use without compensation it if the soil of south temple street vests exclusively in ID the municipal corporation po ration is not that street in hi precisely the same position in respect to the general public and pro property erty holders of the city as liberty park and it if abutting owners on south temple street ean be required to pave that street cannot land owners contiguous to liberty park be compelled to improve the park because a man happens to own a piece of ground near to or even abutting upon a piece owned by the city does the circumstance of contiguity give the city a right to have its piece im improved rove at the e expense of t that at man the he questions wead of law involved in the mat matter r of pa paving ing streets in cities which have ave been built upon land the title of which is traced to a united states patent issued to the corporation are comparatively new tor for the reason that pavements in suca such cities have not existed until recent years yearn the rules which apply in the older cities of the country situated upon land the title to which lei is traceable to grants made to private parties do not apply in this city it if it be true trite that the fee of the streets here vests in the corporation po ration except in ih the more newly settled port portions lons of the united stites states the fee of the highways vesti in the abutting owners and the police power at t the municipal government can he invoked to compel these to put their property in such a condition as will be consistent with the safety of the public under the police power of government private owners are compelled to pave the soil of the streets the fee of which vesto in them but san ean a private ower be compelled to pave streets the tea fee of which vests ir ia some bome other person A municipal corkra conj a tion is an artificial person if vae the municipal corporation is required to pay the full cost of at all improvements made in public parks and nd grounds the fee of which vests in it under what principle ot law are the streets and sidewalks owned exclusively by the city exempted from the same rule abutting owners on a given giren street bovean undoubted right to make a voluntary agreement with the municipal for the paving ot of the street e F sidewalk in vont front of at their premises oppose a majority of abutting ting a g given en street enter into suck an while a mi m I 1 the lat latter ter be coe coerced reed A juncture has ha bees in the feairs of this city when ake tore foregoing going interrogatories should be il y and an answered swend wei e need pavements now and year vear by year this need will grow wow more pressing they will have to be laid as drives and walks in the public are from the general f funds ends of the baty ty or by direct assessments upon abutting abut tm owners D briers A combination of the two lewda raises all the legal objections be urged against the latter alone |