Show erald ITS mm judge anos lif law on UK changing of sarch baurs having heretofore shown lie illegality and injury to the private erly owners 0 the ordinance hanging the bainen of am streets ot our city 1 now pren nt the aue tion in iti public liace anil billi dr condon bcd I 1 bad challenged anyone to chow legal authority for the enactment of euch ordinance but no one has eer the tak in istead cf there being such legal iver in council I 1 now proceed to show that such power is by law aal that the ordinance if illegal and an absolute abo lute nullity not worth the paper on which it is written butr till prejudice of grae and serious involving large and in nil inucci litigation A few well legal max laii and principled which no lawyer will controvert will first ba stated that the powers conferred by municipal charters are only delegated only clione expressed or bubli as are necessarily implied as essential to carry out the express powers are conferred ad that only auch powers can be delegated as the legislative authority granting the charter may itself pos beci sd thal alie municipal corporation can exercise no authority not possessed by the legislative body granting the charter now with these fettled legal maxima and principles in view lt us examine the public pliana ot this question in tho first place like alio question as to the bile of the water right no territorial statute can be found either in the charter amendments thereto eto or general conferring buck power and I 1 litiff shown heretofore how unjust and illegal it was as it affected the private citizen only it will be that senator cullom from illinois introduced a bill in the first of alie forty ninth congress of the united states which both houes w etli but little al tern tion and was approved july 30 destri ing the powers of territorial legislatures aud their municipal corporations see page ut session acts of congress ISO IS O which in the first section enacts aliat llie legislatures of alie territories of llie united now or hereafter to be organic d shall not paw bowl or specialists i any of the following enumerated cases and among are the blowing prohibited powers chancing I 1 he names of persons or places raids town plats streets alfejs and public grounds lu coro cities ton or villages or changing or the charter of any town ity or village senator cullom knew the force and keanini me anini of words and the whole act elious that ho abed fab words and particularly the word places in its broadest and most popular philological sense or mean ng webster defines its primary meaning an open apace an abea aiea bany definite portion of space then who can say a street alley or public equale is not a place and included in this condrea of he name in bew of the proc u ions it then nince jelv the territorial legislature could not by epenial enactment leave lie of the could its creature alie corporation iy ay special ordinance without any express authority of law do so but the illegality of this ordinance is outlier iut lier iu the prohibition against vacating town pla streets or As previously shown oden has long biad an ol 01 lal map duly put to record defining the numbers of the blocks the names cf the each and the numbers and sizes of the lots in eacle block and besides this olli cial buney of the city there are fousteen fou iteen other maps of subdivisions of blocks and additions their several blocks lots streets avenues and alleys all earned which survey with streets and avenues named leave been duly accepted and recorded by the authority cf the city council before this changing ordinance was made and all these maps are monuments monumenta enta to the lot holders which alie legislature and all its creatures arc prohibited from vacating if alio city council can neither change the mine of he streets or avenues nor vacate those maps to what beneficial can this chancing ordinance be applied kone ennst be the if this ill timed ordinance could die a nuiet innocent death llie conse would not iw BO grave but this cannot bo alie city council hayo entered nto contracts shirli involve alip raising of revenue and lie collection of besides ordinances requiring the improvement of balf walks all bused upon an illegal and prohibited ordinance for instance a contract for a large sam has been made for alio improvement of twenty fifth treet when legally there is no elmeer so of other alreeta the ordinance being void alie formed on it is invalid those doing the work recover of the city on an implied contract for work done on 1 fifth street but never on an contract for work on twenty fifth street then the authority in iho cita council to appropriate the money of lie city on a street that has no cepal existence the sidewalk question is still moro BerK iii or it the owners or al of should to c aply aith alie ordina nir liow could the council auh ogal and void enactment they could not entine on abe ir petty on main i ou a angton or blieu abe ot guch ordinance neither abe void ordin arice its name nor any new map it would bo lal or linit nt eat dance the old atil layal maia bow of like the k at every kairl to cast it r B ciflie chiy order the roaine alln y would laavy to bo paid out 0 hie cites funda and lien it to ec lorie the hie roi erty owners failure bould deare lace in all aliis 0 lie cites fauda foundell foun deil on an illegal aad void ordinance the city council might escape axt bonal responsibility not fur is general principle known to the law booke that where an agent exceeds hla authority he liable to the in lured party the law a a preat ihlfeld 0 o who liepp willii niti provision but a terrible sword to who violate then and no body of civil magistracy in alie policy u american law i tanda superior to it can the aita 0 congress be disregarded in a territory that will ba much ot complication and litigation grow inn out ut and founded ion eliat ill timid and illegal onlin arne unquestionable and that aliis will bo injurious liotti to lie credit 0 lie city is quite probable I 1 ven now an illegal but edik bus axen in lie at cai h street 0 the now names 0 the street the safest easiest nay life eilbur privately ur is to keep within lie protecting shield of the law and it would seem that the simplest and easiest way out of these complications is to repeal aliis unnecessary and illegal ordinance ordin anie and return to alio slain quo and in the furuie observe davy Cro kelts be sure ion are right then go alie very appropriate act of the city council and atie honorable action of H S young ES in alie speedy undoing of an illegal action lio never in ly done is both commendable in the council and hunora blo in air young and a most worthy example in the speedy repeal of his obnoxious ordinance I 1 had intended to oner borne thoughts on the subject of future legislation conferring on the city coonc 1 additional facilities to raise the necea sary means to increase alie water supply and perfect the 83 stem both of will become more and more necessary with the expansion of the city bod the increase of i a population but this article liaa BO grown eliat such reflections must bo postponed for another occasion the intelligent report of the city engineer ng ineer however shows v hat an increase can be had at comparatively niall expense from the water rights heretofore purchased from the scans in order conever ho never that such additional boera may bu legally obtained without conflict with paid allom act vt Cons rep the present status of our water lits douht not to be tampered nito and new complications n K closing tf lie public schools it ii impracticable to present to the patrons and of the public schools at the close of thal school 3 ear an elaborate exhibition of the results of abo work accomplished during the year on account of the withdrawal of so many students and jopila at the elope of the third term and at the chloee of alie first bialt of alie fourth or last term intire classes withdraw before we reach the close of alie ear however we will pre ent to the patrons a representative of the work being done in respective the will commence in the room ot alie academic department of the central on alie morning ut thursday june isab at 9 continuing through till 4 p in resuming friday mornine the etli at 9 continuing till 11 when an adjournment will be mada to ester park and the remainder of the day abent in recreation thursday morning by the children of all alie departments hart exercises by 30 pupils six from eich of tho five primary depart depts A adnet by ward pupils by ten fi kt header pupils IBO from each department song by prof L U edwarda Kd warda exercises by ten second header pups two from kiich department duet by mra AI lourton and airs N isea by ten third header pupils two from each chorba by all tho children afternoon all alip departments fourth header class lettie HM station bourth header class jessie heading fourth header class rca eie jessup bong fourth header class nellie collins heading fourth header class dora snow He citation bourth header clasp clara eldredge Eldred gp heading header clans willie kay song fourth header class annie pratt heading header class thoa holroyd He citation fourth header class ibrie dee heading fourth header class casbie mores heading fourth header class veda Little neld song fourth header class siara weaver dialogue fourth header blanc baisy haby reveca te veca lillie pingree fleo viottia khlar solo on harm alca willbo aon friday juno chorus by from all alie ie heading alta heading annie chirk He citation kaije shupe ang aulsy bakey heading heading francis bt owell aili smith long mabel filson Hedi liny ida heading mary ce Heo tation lucy bong ada heading hobert 1 Il adger ioni position lillian felias conf ilary cole closing remarks T nev MB principal zig zag on friday afternoon arg in client on aie A inebriated out of stores hero he hafl been himm ll obnoxious to ho proprietors anil steered aarom avory stable here ha was inet liy a man who diw arnea the nain lie bonard mr flici but here nonie other plait cil him back lien landed at taft clot liing adora recently opened in abo A II 11 eddnon ilaff cicro lie nan spain put on the game route acro fit reel letho BW enjoyed the itin thebo inan euers v ere until the broom hotel waa reached aal it v as learned that he nav er zag Kine acroca the street until he hotel de baxter faliero he took vp lodging for the and will doubtless for a ew da a at least |