MUNICIPAL CODE OF THE South Park CommissioNERs WITH GENERAL LAWS AND SPECIAL ORDINANCES AS REVISED AND CODIFIED BY JAMES R. MANN. ^ PRINTED AND PUBLISHED BY AUTHORITY OF THE SOUTH PARK COMMISSIONERS. APPROVED MARCH, 1897. ClIKACiO: K. iJ. MYERS & COMPANY. LAW I'lBMSHEKS, 1897 ^'^^^^i^^-'^i^- r*>.,_:r:ij^' ^\?. ^ ., M: M'.. THE UNIVERSITY OF ILLINOIS LIBRARY F^- !r i'i*^**^i^.. n. \:Y ■•:/ ^^. ^^., a.>iir7- ^"^Sf=^^K^ife. -^!*>^«r' #to; ">-*-^ \^r^ ^^^ <4t. i^-^^-^t^^. ^...-^^.^^^ife V;--^-^-^ ^'//5*-''-.^ XL**-^'^^'^ '^^/>' / Sc».i; / ?^:^,# ^^^^^^.^^.j^ i>X > MUNICIPAL CODE SOUTH PARK COMMISSIONERS GENERAL LAWS AND SPECIAL ORDINANCES AS REVISED AND CODIFIED BY JAMES R. MANN. PRINTED AND PUBLISHED BY AUTHORITY OF THE SOUTH PARK COMAHSSIONERS. APPROVED MARCH, 1897. CHICAGO: E. B. MYERS .<: COMPANY LAW PUBLISH KKS. 1897. yf- ■ C4'iv ORDINANCE CONCERNING THE PRINTING AND PUBLISHING OF THE MU- NICIPAL CODE OF THE SOUTH PARK COMMISSIONERS. BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That the Municipal Code of the South Park Commis- sioners as revised and codified in chapters and sections by James R. Mann, South Park Attorney, together with the general laws af- fecting said South Park Commissioners, and Charters and Special Ordinances granting certain privileges, be, and the same are here- by ordered printed and published by authority of the South Park Commissioners in book form, and the said Municipal Code of the \ South Park Commissioners is also hereby ordered printed and pub- Vi lished by the authority of the South Park Commissioners in C^ pamphlet form. ■» State of Illinois, County of Cook. y ss. S South Park Commissioners. ■• I, E. G. Shumway, Secretary of the South Park Commissioners in ^ the County and State aforesaid, and keeper of all papers, entries, J| records and ordinances of said South Park Commissioners, do hereby y;* certify that the above and foregoing is a true copy of an ordinance entitled "An ordinance concerning the printing and publishing of the Municipal Code of the South Park Commissioners," passed by the South Park Commissioners at a regular meeting held on the 10th day of March. A. D. 1897. I further certify that I am the keeper of the original ordinance of which the foregoing is a certified copy, and that the same is on file in my office. IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the South Park Commission- ers this day of A. D. 1897. Secretary of the South Park Commissioners. SOUTH PARK COMMISSIONERS FROM Organization of the Board to 1897. ORIGINAL COMMISSIONERS APPOINTED APRIL 16, 1869. Chaunxey T. Bowen. Paul Cornell. George \V. Gage. John M. Wilson. L. B. SiDWAY. TERM OF SERVICE. Chauncey T. Bowen, April 16, 1869, to February, 1871, resigned; March, 1873, to June, 1877, resigned. Potter Palmer to succeed Chauncey T. Bowen, resigned, February, 1871, to :\Iarch, 1875. George W. Gage, April 16, 1869, to September 25, 1875, deceased. Paul Cornell, April 16, 1869, to March, 1882. L. B. SiDWAY, April 16, 1869, to March, 1879. James Morgan, March, 1875, to March, 1880. Cornelius Price, to succeed George W. Gage, deceased, December 4, 1875, to March, 1881. John B. Sherman, to succeed Chauncey T. Bowen, resigned, June, 1877, to March, 1898. John R. Walsh, March, 1879, to March, 1889. Martin J. Russell, March, 1880, to March, 1894, resigned. Bernard Callaghan, March, 1881, to March, 1886. Louis Wahl, March, 1882, to March, 1889, resigned. William Best, March, 1886, to March, 1901. Ja.mes W. Ellsworth, to succeed Louis Wahl, resigned, March, 1889, to March, 1902. Joseph Donnersberger, March, 1889, to March, 1899. Jefferson Hodgkins, to succeed Martin J. Russell, resigned, March, 1894, to March, 1900. OFFICERS, 1896-7. President, Auditor, Secretary^ Treasurer, Superintendent, Attorfiey, James W. Ellsworth Jefferson Hodgkins Edward .G. Shumway John R. Walsh J. F. Foster James R. Mann OFFICERS, 1897-8. President, Atiditor, Secretary, Treasurer, Superintenden t, At-torney, James W. Ellsworth Joseph Donnersberger Edward G. Shumway John R. Walsh J. F. Foster James R. Mann TABLE OF CONTENTS. Chapter Chapter Chapter Chapter Chapter Chapter Chapter Chapter 8 Chapter 9 Chapter 10 Chapter 11 Chapter 12 MUNICIPAL CODE. Page. Actions, arrests, trials and punishment 5 Animals, bicycles and other vehicles 13 Boulevards, carriage-walks and street openings.. 17 Buildings 21 Contracts and disbursements 27 Meetings and rules of order 30 Misdemeanors 32 Officers 42 Ordinances 45 Police department 47 Railroads 50 Repeal 52 STATUTES AND DECISIONS, RELATING TO THE SOUTH PARK COMMISSIONERS. Original Charter 53 Amendment to charter, Act of April 16, 1869 68 Completion and Management: Bonds and special assessments authorized — Act of June 16, 1871 70 Drives to Public Parks: Commissioners authorized to take streets for drives, Act of April 9, 1879 87 Amendment to section 2 of Act of April 9, 1879 89 Amendment to section 1 of Act of April 9, 1879, as amended. 91 Act of June 21, 1895 93 Transfer of Parks to Commissioners: Transfer of parks under the control of cities to the commis- sioners authorized. Act of April 11, 1885 102 Condemnation to make boulevards of uniform width. Act of June 14, 1887 103 Improvement and Maintenance of Parks: One mill tax. Act of June 26, 1885 105 One mill additional tax. Act of June 17, 1893 106 Two mill additional tax. Act of June 17, 1895 107 Sale of lands not needed for park purposes 108 ii TABLE OF CONTENTS. Appointment of commissioners by governor 109 Extension of drives on Lake Shore.,. Ill Logan Monument: Commissioners appointed and authorized to erect monu- ment, Act of February 10, 1887 114 Amendment, authorizing use of parlv for location of monu- ment. Act of May 31, 1887 115 World's Columbian Exposition, Act of August 5, 1890 117 Maintenance of Boulevards: Park authorities authorized to levy special tax. Act of June 17, 1893 122 Field Museum: Museums in public parks, Act of June 17, 1893 125 Improvement by Special Assessment: Local improvements by special assessments authorized. Act of June 24, 1895 126 LANDS. Lands originally taken 135 Alteration in Boundary Lines: Resolution authorizing petition to Circuit Court for change in boundaries 137 Order in Circuit Court, entered May 20, 1872 140 Resolution showing boundary lines as changed 145 Michigan Avenue and Thirty-fifth Street Boulevards: Resolution of commissioners taking parts of Michigan ave- nue and Thirty-fifth street as boulevards 147 Ordinance of city council giving consent to transfer to com- missioners of Michigan avenue to Thirty-fifth street and part of Thirty-fifth street 148 Resolution of commissioners, taking Michigan avenue, from Thirty-fifth street to Fifty-fifth street 150 Ordinance of city council giving consent to transfer to com- m.issioners of Michigan avenue, from Thirty-fifth street to Thirty-ninth street 150 Ordinance of the village of Hyde Park giving consent to transfer to commissioners of Michigan avenue, from Thirty-ninth street to Fifty-fifth street 152 East Jackson Street: Ordinance of city council giving consent to transfer to com- missioners of Jackson street, east of the river 154 Ordinance of city council amending the ordinance giving consent to transfer of Jackson street 157 Agreement betw^een commissioners and city, providing for free water to commissioners 158 TABLE OF CONTENTS. iii Ordinance taking Jackson street under control of commis- sioners 159 Resolution of commissioners taking Jackson street 161 Lake Front Park: Ordinance of city council granting consent to commissioners to take and control Lake Front Park 162 Ordinance of commissioners taking Lake Front Park 166 MISCELLANEOUS ORDINANCES, RESOLUTIONS AND COMMUNICATIONS. Atchison, Topeka & Santa Fe R. R 169 Bonds issued in connection with the World's Fair 172 Chicago & Caluriet Horse & Dummy Ry. Co 180 Chicago & Northern Pacific R. R 182 Chicago & South Side Rapid Transit R. R. Co 186 Chicago & Western Indiana R. R 189 Chicago City Railway Co 196 Chicago Telephone Co 245 Field Columbian Museum 246 Grand Trunk Railroad 248 Hyde Park Gas Co 251 Japanese Buildings in Jackson Park 252 United States Life Saving Station 255 Lake Shore & Michigan Southern Ry. Co. and Chicago, Rock Island & Pacific R. 'R. Co 257 Mutual Fuel Gas Co 263 Pennsylvania Railroad Co 264 Pittsburg, Cincinnati, Chicago & St. Louis R. R. Co 270 Universal Gas Co 274 World's Columbian Exposition 275 MUNICIPAL CODE OF TIIK SOUTH PARK COMMISSIONERS. CHAPTER I. ACTIONS, ARRESTS, TRIALS AND PUNISHMENT. 1. Actions, how brought. 10. Who may make arrests. 2 and 3. Statement. 11. Detention of prisoners. 4. Suit for fines, penalties, etc. 3 2 and 13. Special bail. 5. First process— different of- 14. Judgment against surety. fenses. 15. Manner of trial. 6. Form of summons. 16. Commitment. 7. Complaint, warrant to issue. 17. Imprisonment till fine paid. 8. Form of warrant. 18. Power to remit fine. 9. Arrest without process. 19. Penalty. Be It Ordaixkt) by the South Park CoAr.MissioxERs: Section 1. Actions, how brought. Actions, suits and prosecutions, for the violation of any ordinance of the South Park Commissioners, shall be i)rosecuted in the name of the "South Park Commissioners," before nuy police magistrate or any justice of the peace of any of the towns of South Chicago, Hyde Paik and Lake, in the County of Cook and State of Illinois. Sec, 2. Statement, cause of action. IW loic any suit sliall b«' brought \u tlic name of theSouthl/arkConi- missioners for the recovery of any fine, penalty or for- feiture, by suiinuons only, the person prosecuting, or some one on his beliall", shall file a written statement, signed by him, substantially setting forth tlic cause of action. e MUNICIPAL CODE. Sec. 3. Statement, defect in form. The statement made may include several persons charged with the same violation of any ordinance. No snit shall be dis- missed for any defect of form in the statement. All pa- pers and processes may be amended in the discretion of the court before whom the action is pending. Sec. 4. Suit for fines, etc. All fines, forfeitures, penalties and costs, imposed against any person by any ordinance, for the breach thereof, maj be recovered by suit, and judgment may be rendered and collected by execution or other process, and all fines and mone^^ so collected shall be paid to the South Park Superin- tendent within ten daj^s after collection. Sec. 5. First process, different offenses. In all ac- tions and suits for the violation of any ordinance, the first process shall be a summons in all cases w^here no warrant is issued, and where arrest upon view, without process, is not made. No prosecution, recovery or ac- quittal, for the violation of any ordinance, shall consti- tute a defense to any other prosecution of the same party for any other violation of such ordinance, al- though the different causes of action existed at the same time, and if united, would not have exceeded the juris- diction of the court, justice or magistrate. Sec. 6. Summons, form of. Summons may be in the following form, to-wit: State of Illinois, \ Countv of Cook, ( ' > ss. City of Chicago, I South Park Commissioners./ The People of the State of Illinois, to any captain or sergeant of police, or policeman or special policeman of ACTIONS, ARRESTS, TRIALS AND PUNISHMENT. 7 the South Park Commissioners or the City of Chicago, or to any constable of said county, GREETING : You are hereby commanded to summon A. B. to apx)ear be- fore me at my office at on the day of A. D., 18. ., at . . o'clock . .m., to answer the complaint of the South Park Commission- ers, for a failure to pay the said South Park Commis- sioners a certain demand not exceeding two hundred dollars; and hereof make due return as the law directs. Given under my hand and seal this day of A. D., 18.. (Seal.) Justice of the Peace. Sec. 7. Complaint, warrant to issue. Whenever any person shall make complaint in writing, verified by affidavit, to an,y police magistrate or justice of the peace, as aforesaid, having his office in any of the towns aforesaid, and shall state in said complaint that any or- dinance of the said South Park Commissioners has been violated, and that he, the comj^lainant, has reasonable grounds to believe that the pei*son charged in such com- plaint with such violation is guilty thereof, said magis- trate or justice may issue, in the first instance, a war- rant for the arrest of the person so charged. Sec. 8. Warrant, form of. Warrants may be in the following form : State of Illinois, County of Cook, City of Chicago, South Park Commissioners. The People of the State of Illinois, to any captain or sergeant of police, or policeman or special policeman 8 MUNICIPAL CODE. of the South Park Commissioiiers or the City of Chi- cago, or to any constable of skid count}- , GREETING : Whereas, an affidavit has been made before the under- signed, a justice of the peace of said county, by that on or about the day of A. D., 18. ., within the jurisdiction of said city, in violation of Section . . , of an ordinance of the South Park Commissioners, passed on the day of A. D., 18.., You are, therefore, hereby commanded to arrest the said and bring forthwith before me at my office at , then and there to an- swer to the said South Park Commissioners on the charge above specified, and abide such further order as may be made concerning such charge; and hereof make due service and return as the law directs. Given under my hand and seal this day of A. D., 18.. (Seal.) Justice of the Peace. Sec. 9. Arrest without process. Whenever any person shall be arrested on view without process, and shall be taken before any court, the magistrate or jus- tice shall note upon his docket the cause of such arrest, as stated by the officer making the arrest, and proceed to hear and determine the cause in the same manner as if the defendant had been arrested by warrant. Sec. 10. Arrest, who may make. The captain or police sergeant, special and other police officers, hav- ing jurisdiction within the South Park district, are hereby severally authorized to arrest on view, with or without process, any person who may break the peace ACTIONS, ARRESTS, TRIALS AND PUNISHMENT. 9 or violate auv ordinauce of the South Park Commis- sioners, and to take such person before anj' police mag- istrate or justice of the peace whose oflSce is located in any town within said South Park district, without un- necessary delaj^ Sec. 11. Detention of prisoners. In case such ar- rest is in the night or on Sunday, the person arresting- may detain the person arrested over night or over Sun- day in any police station of the City of Chicago within said South Park district, or any safe place, until such person so arrested can be brought before said magis- trate or justice of the peace for trial, without unneces- sary delay. Sec. 12. Continuance, special bail. If for any cause a continuance is granted a defendant under ar- rest, he ma}' give special bail for his appearance before the court. Sec. 13. Personal property taken as bail. In place of special bail, money or personal property and choses in action, of sufficient value to satisfy the prob- able judgment or fine and costs, may, in the discretion of the court, be taken; in which case, an endorsement, pledging the property taken for the appearance of the defendant at a certain time and place before a certain justice of the peace, shall be put upon the back of the said warrant, and signed b}' the person under arrest. And in case the person arrested shall have in his or her possession, a bicycle, the officer making the arrest, may, in his judgment, receive from such person, such bicycle, and a pledge in the following form, to-wit: I, A. B., pledge the following described i)roperty, to- wit: for my appearance before , a justice of the i)eace, on the 10 MUNICIPAL CODE. day of , A. D., 18. ., at . . o'clock . .in., on said day at his office, hereby waiving any and all rights of exemption. WITNESS my hand and seal, this day cf A. D., 18.. (Signed.) A. B. (Seal.) and npon receiving such property and pledge, the offi- cer making the arrest may permit the person arrested to go free. Sec. 11. Judgment against surety; sale of per- sonal property. Upon the trial of any cause in which special bail shall have been given, if the defendant shall be found guilty, judgment shall be rendered against both principal and surety (in the special bail) for the amount of the fine assessed by the court or jury, and all costs that may have accrued. In case personal prop- erty or choses in action were given in lieu of special bail, and judgment is rendered against the defendant, execution shall issue, and said property be sold under it. Exemption rights shall be waived by making such pledge of said property or choses in action. When ar- rests are made at night, or on Sunday, the captain and sergeants of police may take special bail, in form pro- vided by this chapter. Sec. 15. Manner of trial. The manner of conduct- ing trials, granting continuances and changes of venue, subpoenaing witnesses, summoning and impaneling juries, and taking api^eals, shall be the same as in civil cases before justices of the peace. Sec. 16. Commitment. Commitment of any person shall be by process under the hand of the court, which shall have made the order for such commitment. ACTIONS, ARRESTS, TRIALS AND PUNISHMENT. 11 Hec. 17. Imprisonment for non-payment of fine. In all cases where any persoii, convicted of a bieacli of any of the ordinances of the South Park Commissioners, shall fail, neglect or refuse forthwith to pay any fine or penalty and costs which may be adjudged against him, it shall be competent and lawful for the court or justice of the peace before whom such conviction is had, to or- der that such person so convicted as aforesaid, shall be committed to the jail of Cook County, to the bridewell or house of correction, or an}- police station of the City of Chicago or other place provided by the South Park Commissioners for the incarceration of offenders in such cases, there to remain until such fine, j)enalty and cost shall be fully paid or otherwise legally discharged; Provided, that no such imprisonment shall exceed six months for any one offense. In all cases where any person is so committed to the bridewell or house of correction of the Citj^ of Chicago, he or she shall be re- quired to work at such labor as his or her strength will i^ermit, not exceeding ten hours each working day, and for such work, the person so employed shall be al- lowed, exclusive of his or her board, fifty cents for each day's work, to be applied in payment and satisfaction of the fine and costs imposed upon such person. Sec. 18. Power to remit fine. The President of the South Park Commissioners shall have the power to commute, release, remit, suspend or diminish any judg- ment or fine rendered or imposed for violation of any ordinance, but no other officer, judicial or ministerial, shall have power, except by direction of the President of the South Park Comniissioners, to commute, release, remit, suspend or diuiiiiisli any judgnuMit or fine ren- dered or imposed for violation of any ordinance, nor lo 12 MUNICIPAL CODE. give time for the payment of any sueli judgment or fine; but tlie officer rendering sueli judgment, shall, unless the same be paid immediately^ upon the rendition of the same, issue the proi>er i:)rocess for the collection of sucli judgment or for the committal of the j)erson against Avhom the same was rendered. Sec. 19. Penalty. Every person convicted of a vio- lation of any provision, clause or section of this ordi- nance or any ordinance of the South Park Commission- ers, shall be fined not to exceed two liundred dollars for each offense. CHAPTER II. ANIMALS, BICYCLES AND OTHEF VEHICLES. 20. Domestic animals at large. 28.' Teams and traffic wagons 21. Domestic animals — Con- prohibited. tinned. 29. Hitching, etc. 22. Animals prohibited. 30. Carriage lights. 23. Leading animals. 31. No obstructing of cross- 24. Speed. walks. 25. Grass and foot paths. 32. No animal to stand unless 26. Obstructing the way — Solicit- hitch 3d. ing passengers. 33. Penalty. 27. Funerals. Section 20. Domestic animals, at large. The run- ning of horses, cattle, swine, sheep, goats, geese and other domestic animals, except such as are owned by the South Park Commissioners, is hereby prohibited within the parks, or on or along the boulevards, streets and driveways, and no owner of any such animal shall permit the same to run at large, contrary to the pro- visions of this section, Tinder a penalt}' of not less than two dollars for each offense for every animal so per- mitted to run at large. Sec. 21. Animals, driving of. No person shall bring, drive or lead any cattle, sheep, goats, swine or geese within the parks, or on or along the boulevards, streets or driveways. Sec. 22. Animals prohibited. The bringing or use of any kind of animal into or within the parks or on oi- along the boulevards, streets or driveways, is hereby ex- pressly prohibited, except horses and other beasts of burden. 13 14 MUNICIPAL CODE. Sec. 23. Leading animals; drawing second ve- hicle; bells on sleigh. No person shall lead any horse, mule or other animal on said boulevards, streets or driveways, nor draw a second carriage, buggy, or vehicle of any description with any team or other ve- hicle at one time; nor drive any horse before any sleigh or sled, unless there shall be a sufficient number of bells attached to the harness of such horse to warn persons of their approach. Sec. 24. Speed; not more than two abreast. No animal, velocipede, tricycle, bicycle or other vehicle shall be ridden or driven in said park, or along said streets, boulevards or driveways, at a speed exceeding- eight miles an hour, except that horses may be speeded on such parts of said boulevards as may be set apart by the Commissioners for said purpose, and then under such regulations as the Commissioners may prescribe; and no animals, velocipedes, tricycles, bicycles or other vehicles shall be ridden or driven more than two abreast. All animals, velocipedes, tricj^cles, bicycles or other vehicles, while in motion, shall keep to the right. Sec. 25. Vehicles and animals on grass and foot- paths. No velocipede, bicycle, tricycle, wheelbarrow, handcart or other vehicle, or horse or other animal, shall be permitted on the foot-walks of said parks, nor upon the sidewalks, curb-stones or grass-plots or plant- ing spaces of said boulevards, streets or driveways, nor to cross the same, nor shall any vehicle or horse or other animal go or be taken upon any part thereof, except upon the carriage-drives and upon such places as are appropriated for carriages at rest. ANIMALS, BICYCLES AND OTHER VEHICLES. 15 Sec. 2(1. Obstruction of ways; soliciting passen- gers. No velociix?de, tricycle, bicvcle, wheel bariow, handcart, carriage or other vehicle or animal, shall be permitted to , stand upon said roadways or carriaji,e- drives to the obstruction of the way or the inconveni- ence of travel, nor shall any person solicit passengers for hire thereon, without the written i>ermit of said Commissioners. Sec. 27. Funeral procession. No funeral proces- sion or hearse shall be j^ermitted in said parks, nor upon such boulevards, streets or driveways; Provided, how- ever, that nothing- herein shall be construed to prevent the removal of any deceased body from any house abut- ting upon such boulevards or streets and the forming of a funeral procession therefrom, but such deceased body, hearse or procession shall not be permitted to proceed further thereon than the nearest cross-street in the direction in which such procession or hearse shall move. Sec. 28. Traffic wagons prohibited. No omnibus, wagon, cart, dray, truck or other vehicle for carrying goods, merchandise or wares, or other articles, except such as are engaged in repairing or constructing said parks, boulevards, streets or driveways, shall be al- lowed thereon; Provided, however, that wagons or other vehicles carrying goods, merchandise or other ar- ticles, to or from any house or premises abutting upon any of such boulevards or streets, shall be permitted to enter thereon at the cross-street nearest said house or premises, in the direction in which the same are mov- ing and deliver or receive such goods, merchandise, or other articles, but shall not proceed thereon further 16 MUNICIPAL CODE. . than the nearest cross-street thereafter; and, Provided, Further, that at any time before the hour of two o'clock in the afternoon of each day, delivery wagons having wheels with tires of not less than three and one-half inches in width and drawn by one horse only, shall be allowed to proceed on and along said boulevards and streets; but this provision shall not apply to any of the driveways within the limits of the parks. Sec. 29. Hitching animals, dumping coal. No per- son shall hitch a horse or other animal to any lamp- post, tree, or fire hydrant, nor ride nor drive over the curb-stones, sidewalks, or grass plots, nor dump any coal thereon. Sec. 30. Vehicles carrying lamps, lighted at night. Velocipedes, bicycles, tricycles, carriages, cabs and oth- er vehicles usually carrying lamps, must carry lamps •and keep them lighted at night. Sec. 31. No obstructing of cross-walks. All cross- walks must be kept clear and no carriages, wagons, carts, sleighs, or other vehicles, horses or other animals, will be permitted to stand thereon except so far as may be necessary in crossing the same. Sec. 32. No animal to stand unless hitched. No person shall permit any horse or other animal to stand upon any portion of said boulevards, streets or drive- ways, unless the same shall be securely hitched, and, when the driver is not in charge, securely checked. Sec. 33. Penalty. Any person violating any clause, section or prosdsion of this chapter, shall be fined in a sum not exceeding one hundred dollars for each of- fense. CHAPTER III. BOULEVARDS, CARRIAGE-WALKS AND STREET OPENINGS. 34. Width of carriage-walks. 39. Openings for house connec- 35. Composition of carriage- tions. walks. 40. Special deposit. 36. How walks laid. 41. Removal of sidewalk. 37. Grade and location. 42. Connections, how made. 38. Stop-cock boxes. 43. Refunding deposit. Section 34. Carriage-walks, width of. Carriage- walks shall not be less than fonr nor more than eight feet in width, except that a permit niaj be issued to a church, hotel, stable or business house for a wider car- riage-walk when the Commissioners shall be satisfied that the same is necessary. Sec. 35. Composition of. Such carriage-Avalks shall be composed of either artificial or natural stone, as may be directed by the Commissioners. If of arti- ficial stone, it shall be not less than four inches in thick- ness, composed of crushed granite and Portland ce- ment mixed and laid in the proj)ortioiis and manner di- rected by the Commissioners, and shall rest upon a base of at least five inches of cinders or broken stone; the end coming to the curb line shall be finished as directed by the Commissioners. If of natural stone, it shall be the same kind and of the same thickness as the adjoining walk, free from any defects. The tops, sides and ends of the flag-stones, shall be dressed in the same manner as the surface of the adjoining walk. In case the length of the carriage- walk be six feet or less, it shall be composed of one flag-stone only, and in no case shall it be composed of more than two flag-stones. 17 18 MUNICIPAL CODE. Sec. 36. Walks, how laid. In cases where the carriage- walk is laid to a curb 'line, the joints at the curb and sidewalk must be close, not exceeding one- eighth of an inch; at the curb the carriage- walk shall be flush with the top of the curb, its end abutting the back end of the curb, and this end, if of natural stone, shall rest upon two stone piers not less than sixteen inches square and two feet and nine inches deep, and like piers shall be built under the middle joints if the carriage-walk is comiDOsed of two flag- stones; the end of the flag-stone adjoining the sidewalk shall rest upon a foundation of the same character that supports such sidewalk, and shall be flush with the surface. Sec. 37. grade and location. In case the carriage-walk extends to a gutter where there is no curb the end shall be brought to a grade given by the engineer, and shall be squareh^ dressed off in the same manner as its surface for its full thickness. In case the carriage-walk runs back from the sidewalk, it must extend to the lot-line or join some permanent step or cojjing, and its surface must be a continuation of the pitch of the sidewalk. The edges of all carriage-walks shall be laid at right angles to the line of the adjoining sidewalk. Sec. 38. Stop-cock boxes. Stop-cock boxes for either gas or water pij)es and sewer ventilating pipes shall be covered with a neat, closely fitting, iron cover, set to the surface gTade. Sec. 39. Openings for house connections, permit. No person shall be allowed to open or dig up any of the boulevards, streets or driveways without a per- BOULEVARD AND STREET OPENINGS. 19 luit frinu the coiiimissioiieis. Such peiniit ma}' be is- .sued by the secretary to any owner of property' abutting upon such boulevards or streets who shall desire to make house connections witli the sewers, water, gas or other pipes laid in such boulevards or streets, or to re- pair the same, subject to the provisions, conditions and regulations hereinafter contained. Sec. 40. , deposit. The applicant for such permit shall deposit with tlie secretary such a sum of money, not exceeding five hundred dollars in any one case, as the superintendent shall estimate will fully cover the expense to be incurred by the commissioners in connection with said opening. Sec. 41. , removal of sidewalk. When the making of such connection or repairs shall require the removal of any stone sidewalk, such re- moval shall be made by the employes of the commis- sioners, under the direction of the superintendent. Sec. 42. Connections, how made. The trench necessary for such connection or re])airs shall be made by the applicant or his employes, with the view to the slightest possible damage to the roadway, planting place and sidewalk. No person shall be permitted to tunnel under the sidewalks, but pipes may be drawn through a hole made under sidewalks, provided such hole is not more than one inch larger in diameter than the pipe itself. The grade and line of any pipes must not be such as to interfere with the curbing or other pipes now in said boulevards and streets. When connections are to be made of different kinds 20 MUNICIPAL CODE. of pipes, all must be made simultaneously, and by means of a single trench when pr*acticable. Sec. 43. Refunding deposit. After the connection shall have been made or the repairs completed for which such permit shall have been issued, the trench shall be back-filled and the road-way, i^lanting space and side- walk restored to their former condition by the employes of the commissioners, under the direction of the super- intendent. The superintendent shall certify to the sec- retary the actual expense incurred in connection with the work done under said permit, and the secretary shall refund to the person to whom said permit shall have been issued, the difference, if any, between the amount deposited and the amount so certified by the superintendent. ClIAPTEK l\. BUILDINGS. 44. Extending into boulevards. 50. Bond to open or take up 45. Extension of electric lights, boulevard. balconies, windows, etc. 51. Removal of house or build- 46. Construction of vaults. ing. 47. Awnings. 52. Permit for deposit of build- 48. Prismatic lights. ing material. 49. Use of boulevards, etc., for 53. Danger signals, red lights. depositing building ma- 54. Removal of obstructions, terial. 55. Penalty. Section 44. Extending into boulevards. There shall be nothing erected or constructed on the face of any building, or in any way connected therewith, which shall extend into or over any of the boulevards, streets or avenues under the control of the South Park Com- missioners, except as hereinafter stated. Sec. 45. Extending of electric lights, windows, balconies. Gas and electric lamps may extend from a building not to exceed three and one-half feet bej'ond the lot line; Provided, that the lowest point of such lamps shall not be nearer than twelve feet to the grade of the sidewalk adjoining the building. Bay windows, balconies and other structural projections, except as herein otherwise permitted, may extend from a build- ing not to exceed two and one-half feet beyond the lot line; Provided, that such projections shall not be nearer than sixteen feet to the grade of the sidewalk adjoining the building. 21 22 MUNICIPAL CODE. Sec. 46, Vaults. On Michigan AAenue north of Thirty-second Street, and on Jackson Street, property-owners may construct a vault under the sidewalk and planting space in front of their property to the curb-line of any width they de- sire, such vaults to be covered with flag-stones not less than eight feet in length and four feet in width, of a thickness satisfactor}- to and supported in a manner approved by and with such finish at the curb-line as shall be directed by the South Park Commissioners. No coal holes or lights will be permitted in the eight feet adjoining the lot-line, excejjt as provided for in section 48, of this ordinance. In other parts of Michigan Avenue and upon the other boulevards, streets and avenues under the con- trol of the South Park Commissioners, such vaults may be constructed, but between the sidewalk and the curb- line the}^ shall not exceed eight feet in Avidth, nor shall more than one vault be constructed in front of any one lot. No vault shall be constructed without a permit from the South Park Commissioners, and such permit shall only be issued after the i>lans for such vault shall have been submitted to and approved by said South Park Commissioners. Sec. 47. Awnings. Flexible canvas awnings, which can be closed up against the building, will be permitted, extending not to exceed eight feet from the lot line, and at no point closer than eight feet to the grade of the sidewalk. Such awnings shall be sup- ported entirely from the building, must be kept in good repair and shall be removed on the first of November in each year, and not replaced until the first of April of BUILDINGS. 23 the succeeding" 3'ear. If any provision of this section is not strictly complied with, permission to maintain such awnings will be revoked. Sec. 48. Prismatic lights. Prismatic lights not to exceed four feet in width joining the lot line Avill be allowed only in places on Michigan Avenue north of Thirty-second Street where the sidewalk extends to the curb-line continuously from the nearest street in- tersection and on Jackson Street, such lights to be set to the sidewalk grade. Sec. 40. Use of boulevards for depositing build- ing material. Before permission shall be given to use any part of an}' boulevard, avenue or street un- der the control of the South Park Commissioners for the purpose of erecting or repairing any building, or for depositing any building material thereon, or for making any use thereof in connection with the erection or repairing of any building, the plans for the elevation of said building, which shall front upon said boulevard, street or avenue, showing in detail the i)ro- jections, if any, over the lot line, shall be submitted to the South Park Commissioners, and if in the course of the erection or repairing of said building any changes are made in such elevation in regard to said projec- tions, plans for such changes must be submitted to the said South Park (\)mmissioners; no such projection shall be constructed without a permit from said South Park Commissioners. All permits for such use of said boulevards, streets and avenues shall be revocable in the discretion of the South Park Conimissiouers. Sec. 50. Bond to open or take up boulevard. Ilereafter, before any permit is issued to open or lake 24 MUNICIPAL CODE. up any of the bouleTards, streets or driveways, or place any building material or other o]bstruction thereon, the applicant for such permit shall execute a bond to the South Park Commissioners in the penal sum of ten thousand dollars, indemnifying said Commissioners against any damages on account of injury to persons or property which may be occasioned by or result from the issuing of such permit, or the opening or using of such boulevard, street or drivcAvay, or any part thereof, for the purjjose stated in such permit. Sec. 51. Moving buildings. No person shall be permitted to move any house or building on, along or across any of said parks, boulevards, streets or drive- ways, except under the following circumstances: 1. A person having a permit from the City of Chicago to move a frame buihling along a street which intersects a boulevard or street under the control of the South Park Commissioners, may obtain a i>ermit to move the same across the said boulevard or street, upon deposit- ing with the Secretary such a sum of money, not ex- ceeding two hundred dollars in any one case, as shall be sufficient to cover all damages to the roadway. 2. A person having a permit from the City of Chicago to move a frame building located on a lot which abuts upon a boulevard or a street under the control of the South Park Commissioners, may obtain a permit from the Secretary to move the said house from the said lot to the nearest street corner, to be thence moved upon the intersecting street, upon depositing with the Sec- retary such a sum of money, not exceeding two hun- dred dollars in any one case, as the superintendent shall estimate will fully cover all damages to the side- walks, roadway, grass-plots, lamp posts, trees and other BUILDINGS. 25 property and improvements upon said boulevard or street. Said permit shall be issued only upon the ex- press condition that said moving shall be commenced and completed between the liours of one and six A. M., and that the occupancy of the said boulevard or street shall continue only between said hours. After said moving shall have been completed the roadway, grass-plots, sidewalks, lamp x>osts, trees and other property and improvements shall be restored to their fornier condition by the employes of the Commis- sioners, under the supervision of the superintendent. The superintendent shall thereupon certify to the sec- retary the actual expense incurred in such restoration, and the secretary shall refund to the person to whom such permit shall have been issued the difference, if any, between the amount deposited and the amount so certified by the superintendent. Sec. 52. Permit for deposit of building material. No person shall place or deposit or allow to be placed or deposited on any of said boulevards or streets any building material AvhatsoeA'er, or any articles or things which would obstruct or hinder travel thereon without the written permission of the said Commissioners, which said permit shall state hoAv gi'eat a space will be allowed on which the same may be placed or deposited, and the leng-th of time during which said permit shall be in force. Sec. 53. Danger signals— red lights— sidewalk. Every person having the use of any portion of said boul- evards or streets or sidewalks for the purpose of erect- ing or repairing any building, or for any other purpose, shall cause two red lights to be placed in a conspicuous 26 MUNICIPAL CODE. place, one at each end of such obstruction, from dusk until sunrise of the next day, during the time such ob- struction shall remain, and shall also construct and maintain proper safeguards, and a good and safe plank sidewalk around such obstruction, which sidewalk shall be at least two feet wide. Sec. 54. Removal of obstructions. Any walk, pro- jection or other obstruction, which shall be constructed, erected, placed or moved in, over or upon any of the boulevards, streets or avenues under the control of the South Park Commissioners, contrary to anj^ of the pro- visions of this chapter, shall be removed by the South Park superintendent. Sec. 55. Penalty. Any person who shall violate any of the provisions of this chapter or any section thereof, shall be subject to a penalty of not less than ten dollars nor more than two hundred dollars for each and every offense, and punished accordingly. CHAPTER V. CONTRACTS AND DISBURSEMENTS. 56. Contracts to be advertised. 61. Payment of bills. 57. Contracts, execution of. 62. No work to be ordered or 58. Contractors, bonds. money paid except by reso- 59. Manner of drawing warrants. lution of Board. 60. Time of drawing warrants. Section 50. Contracts to be advertised. All con- tracts exceeding in amount the sum of five hundred dol- lars for work, materials or supplies, shall be let by the Commissioners, after advertisement, to the lowest trust- worthy and responsible bidder, such advertisement in all cases to reserve the right to reject any and all bids: Provided, however, that such contract may be let with- out advertisement if authorized by a vote of four (.Com- missioners. Sec. 57. Contracts, execution of. All such con- tracts shall be executed in dujdicate by the presi- dent and secretar}^, on the part of the Commissioners, and by the contractor, and attested by the seal of the Commissioners; one original copy so executed shall be kept by the secretary in his office and the other shall be given to the contractor. Sec. 58. Contractors, bonds. Whenever any work or improvement is lot by contract, the contractor sliall make, execute and deliver to the Commissioners a bond with good and sufllicient sureties, in such amount as shall be adequate to insure the performance of the work in the time and manner in such contract specified, 27 28 MUNICIPAL CODE. and also to save and indemnify, and keep harmless, the Commissioners against all, liabilities, judgments, costs and expenses which may in any wise _ accrue against the Commissioners in consequence of granting such contract, or which may in any wise accrue from the carelessness or neglect of such contractor, and con- ditioned also for the payment of all claims and demands whatsoever which ma}^ accrtie to each and every person who may be emploj^ed b}' such contractor, or by any sub-contractor of such contractor in and about the per- formance of such contract; which said bond shall be approved by the president before the delivery to the contractor of the duplicate contract hereinbefore pro- vided. Sec. 59. Warrants, manner of drawing. All war- rants for the payment of money shall be drawn on the treasurer by the secretary and shall be signed by the secretary and countersigned by tlie auditor. Sec. GO. Warrants, time of drawing. Warrants for the payment of the regular salaries of the officers and of the regularly accruing interest upon the bonded indebtedness raaj be drawn and issued as the same become due and payable. jS^o other warrants shall be drawn except upon the order of the Commissioners, made and entered of record at a meeting thereof. Sec. 61. Payment of bills. All claims and bills other than salaries and interest shall be filed with the secretary, and, after examination by the auditor, pre- sented by the secretary to the Commissioners at the next meeting, and, if approved and ordered paid by the Commissioners, warrants shall be drawn therefor in the manner above set forth. CONTRACTS AND DISBURSEMENTS. 2D Sec. 02. No work to be ordered or money paid except by resolution of board. No Commissioner nor any committee of the Commissioners, nor any officer or em^jlo^^e thereof, shall direct the commencement or prosecution of any work, or the purchase of any mate- rial or supplies, nor authorize any expenditure of mon- ey without the direct order or resolution of the Com- missioners, made and entered of record at a meeting thereof, except that in cases of obvious necessity the president and superintendent, or either of them, may exercise a wise discretion, but where such action shall involve the expenditure of more than fifty dolhirs it shall be especially reported to the Commissioners at their next meetinsf. CHAPTER yi. MEETINGS AND RULES OF ORDER. 63. Meetings. 67. Committees. 64. Special meetings. 68. Ordinances. 65. Annual meeting. 09. Vote on expenditure. 66. Quorum. 70. Reports. Section G3. Regular meetings. Regular meetings of tlie Commissioners shall be held on the second Wednesday of each month, at half-past two o'clock in the afternoon. Sec. 64. Special meetings. Special meetings may be called by the president whenever he sli^ll deem it necessary, and shall be called by the secretary at the request of any two Commissioners. Written notice shall be given to each Commissioner of the time and l^lace of each special meeting. Sec. 05. Annual meeting. The annual meeting of the Commissioners shall be held at the time appointed for the first regular meeting after the appointment and qualification of the Commissioners annually appointed. Sec. 66. ftuorum. Three Commissioners shall con- stitute a quorum for the transaction of business. Sec. 67. Committees. Committees may be ap- pointed from time to time, as necessity may require, in such manner as the Commissioners may, by resolution, determine. 30 MEETINGS AND RULES OF ORDER. 31 Sec. as. Ordinances and reports to be in writ- ing. All oi'diiiauces and reports of couiiuittees and meetings shall be in writing. See. 09. Vote, manner of. The yeas and nays shall be taken upon the passage of all ordinances and upon all propositions to create any liability, or for the expenditure or appropriation of money, and in all cases at the request of any Commissioner, which shall be en- tered upon the journal of the proceedings. Sec. TO. Reports, action on deferred. Any re- l^ort of a committee shall be deferred for final action thereon to the next regular meeting after the report thereof at the request of any two Commissioners pres- ent. CITAPTER VII. MISDEMEANORS. 71. Playing of games. 88. 72. Frightening animals. 89. 73. Fire-arms and fire-works. 90. 74. Hindering employes. 75. Peddlers. 91. 76. Indecent language, gamb- ling, drunkenness. 92. 77. Playing musical instru- ments, displaying flags, 93. etc., processions, etc. 94. 78. Bathing and fishing. 79. Injury to park property. 95. 80. No travel except on "Com- mon." 96. 81. Posting of notices, bills, etc. 97. 82. Advertising. 98. 83. Refuse and garbage. 84. Coal on grass-iplots. 99. 85. Fence around grass-plots. 100. 86. Breach of peace, riot, dis- orderly conduct, etc. 101. 87. Vagrancy. Indecent exposure, etc. Cruelty to animals. Deformed, etc., person, ex- posure of. Lewd acts" in public— ob- scene gesture. Birds, protection of. Distribution of handbills, etc. Goods, wares, etc., on streets— Nuisance. Drunkenness. Obscene or indecent books, pamphlets, etc. Cheating device. Dangerous openings in side- walk. Vagrants. Removing walks. Penalty. snow from side- Section 71. Playing of games. No person sball play at any game whatsoever in or upon any of the parks, boulevards, streets or driveways, under the con- trol of the South Park Commissioners, except upon such portions thereof as may be designated from time to time by the South Park Superintendent, and under such rules and regulations as may be prescribed by him, and any jjerson violating this section shall be subject to a fine of not to exceed Tw^enty-flve Dollars for each and every offense. MISDEMEANORS. 33 Sec. 72. Frightening horses, etc., by sport. No person shall engage in anv sport or exercise upon sncli boulevards, streets or driveways as shall be liable to fri^liten horses, injure passengers, or embarrass the ])assa*;e of vehicles thereon, under a penalty of not to exceed Twenly-tive Dollars for each and every offense. Sec. 73. Fire-arms, missiles, and fire- works. No person shall fllre or discharge any gun or i)istol or carry fire-arms, or throw stones or other missiles Avitliin said parks, boulevards, streets or driveways; nor shall any person fire, discharge or set off any rocket, cracker, torpedo, squib or other fire-works, or things containing any substance of an explosiAC character, under a pen- alty of not to exceed Twent^'-five Dollars for each and every offense. Sec. 74. Hindering employes. No person shall in- terfere with, converse with, or in any manner hinder park employes while engaged in constructing or repair- ing iinj portion of the parks or boulevards, under a penalty of not to exceed Twenty-five Dollars for each and every offense. Sec. 75. Peddlers. No person shall expose any ar- ticle or thing for sale, or do au}^ hawking or peddling therein or thereon, under a penalty of not to exceed Twenty-five Dollars for each and every offense. * Sec. 7G. Indecent language, gambling, drunken- ness. No person shall use abusive, insulting or ob- scene language, or language calculated to occasion a breach of the peace, nor shall any person tell foi-- tunes, play at any games of chance, be drunk, or do any indecent acts therein, under a penalty of not to ex- ceed Tw^entv-five Dollars for each and everv offense. 34 MUNICIPAL CODE. Sec. 77. Playing musical instruments, displaying banners, etc., parades, etc. No person, without the consent of the South Park Commissioners, shall play any musical instrument, or carry or display any flag, target, banner or transparency, nor shall any militar}^ or target conii)any or band or procession be permitted to parade, march, drill or perform any evolutions or ceremonies in the parks, or along and upon said streets, boulevards or driveways, or do or perform any act tend- ing to cause persons to congregate therein or there- upon, and no club, association or party of bicycle or tricycle riders shall make runs, or have parades upon said streets, boulevards or driveways without first ob- taining a permit from the South Park Commissioners, under a penalty of not to exceed Twenty-five Dollars for each and everj^ offense. Sec. 78. Bathing and fishing. No person shall bathe or fish in the waters of the parks, or go, or send, or ride any animals into the same, nor shall an^^ person disturb any fish, fowl or other animals kept therein, or throw anything into the waters or place anything upon the grounds thereof, under a penalty of not to ex- ceed Twenty-five Dollars for each and every offense. Sec. 79. Injury to park property. No person shall cut, break, mark upon, or in any way injure or deface any of the trees, shrubs, plants, turf, grass, lamp- posts, fences, bridges, buildings, or other constructions or property, in or upon said parks, boulevards, streets or driveways, under a penalty of not to exceed Fifty Dollars for each and every offense. Sec. 80. No travel except on common. No per- son shall climb or walk upon any wall or fence of said MISDEMEANORS. 35 parks, nor cross nor travel upon any grass or lawn therein, except where the word "Common" shall be posted to indicate the permission so to do, nor shall any person cross or travel on the grass-plots, or planting- spaces npon such boulevards, streets or driveways, un- der a penalty of not to exceed TAventy-five Dollars for each and every offense. Sec. 81. Posting of notices, bills, etc. No person shall post or fix an}- notice or bill, or other writing or printing on auA' tree, lamppost, hydrant, curb-stone, coping, flag-stone, fence, wall, building or other place, under the control of the South Park Commissioners, under a penalty of not to exceed Twenty-five Dollars for each and ever}- offense. Sec. 82. Display of advertising . No person shall drive any vehicle displaying any placard or advertise- ment of any kind, along said boulevards, streets or driveways; nor shall any person displa^^ any placards or any advertisements of any kind on or along the same, under a penalty of not to exceed Twenty-five Dollars for each and every offense. Sec. 83. Garbage on sidewalks, etc. No ashes, garbage, or rubbish of any kind, shall be put on the roadways, sidewalks, or grass-plots or planting-spaces, .of such boulevards, streets or driveways, under a penal- ty of not to exceed Twenty-five Dollars for each and every offense. Sec. 84. Coal on grass-plots. No person shall be permitted to duuip or deposit any coal on said grass- ph)ts or i)lanting-spaces or sidewalks, under a penalty of not to exceed Twenty-five Dollars for each and every offense. 36 MUNICIPAL CODE. Sec. 85. Fence around grass-plots. No person shall be permitted to build or place any fence or other barrier around said grass-plots or planting-spaces, un- der a penalty of not to exceed Twenty-five Dollars for each and every offense. Sec. 86. Breach of peace, riot, disorderly con- duct, etc. No person shall make, aid, countenance or assist in making any improper noise, riot, disturbance, breach of the peace, or diversion tending to a breach of the peace within any of the parks, or boulevards, or other public places under the control of the South Park Commissioners, or be guilty of any disorderly conduct therein, or collect, with other persons, in bodies or crowds for unlawful purposes, or for any purpose, to the annoyance or disturbance of citizens or travelers, under the penalty of not less than Two Dollars nor exceeding One Hundred Dollars for each and every of- fense. Sec. 87. Vagrancy. Any person wandering abroad and begging, or who goes about from door to door, or places himself in the streets, or other j)nblic places to beg or receive alms, shall be deemed a vagrant, and ujjon conviction shall be fined in a sum not less than Five Dollars nor more than One Hundred Dollars for each and every offense. Sec. 88. Indecent exposure, etc. If any person shall appear in any public place, under the control of the South Park Commissioners, in a state of nudity, or in a dress not properly belonging to his or her sex, or in an indecent or lewd dress, or shall make any inde- cent exposure of his or her person, or be guilty of any MISDEMEANORS. 37 lewd ov indeceut act or behavior, lie or she shall be sub- ject to a line of not less than Ten Dollars nor more than Two Ilundi'cd Dollars for each and every offense. Sec. S!). Cruelty to animals. Whoever shall be guilty of crnelty 1o any animal in any way of the ways mentioned in this section shall be fined not less than Three Dollars nor more than One Hundred Dollars for each offense, viz: 1. By overloading-, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating, or cruelly killing any animal, or causing or knowingly allowing the same to be done. 2. By cruelly working any old, maimed, infirm, sick or disabled animal, or causing or knowingly allowing the same to be done. 3. Bj unnecessarily failing to provide any animal in his charge or custody, as owner or othei'wise, with proper food, drink and shelter. 4. By abandoning any old, maimed, infirm, sick or disabled animal. 5. By carrying or driving, or causing to be carried or driven or kept any animal in an unnecessarily cruel manner. Sec. 90. Deformed, etc., person, exposure of. No person who is diseased, maimed, mutilated or deformed so as to be an unsightly or disgusting object, or an im- proper person to be allowed in public [daces, shall ex- pose himself or herself to public view in or upon any of the parks, boulevards or other public places under C8 MUNICIPAL CODE. the control of the South Park Commissioners, under the penalt}^ of not to exceed Ten Dollars for each and every offense. Sec. 91. Lewd acts ki public — obscene gesture. Any iDerson Avho shall commit any indecent, lewd or filthy act in any place, or shall utter any lewd or filthy words, or use any threatening or abusiye language in the hearing of other persons publicly, or shall make any obscene gesture, to or about any other person publicly, shall be deemed a disorderly person, and shall be sub- ject to the penalty of not less than Five Dollars nor more than Two Hundred Dollars for each and every offense. Sec. 92. Birds, protection of. No person shall kill or wound, o-r attempt to kill or wound, by the use of fire-arms, bow and arrow, pelting with stones or otherwise, any bird within the territory under the control of the South Park Commissioners, or shoot an arrow, or throw a stone, or club, or other missile at any bird within any private grounds near or abutting upon any of the territory under the control of the South Park Commissioners, under the penalty of not less than Two Dollars nor more than Ten Dollars for each offense. Sec. 93. Distribution of hand bills, etc. No per- son or persons shall distribute, cast, throw, or j)lace in, upon, or along any of the boulevards, streets, parks or other public places under the control of the South Park Commissioners any hand-bills, pamphlets, circulars or other advertisements for any purpose whatever, under a penalty of not less than Five Dollars nor more than Twenty-five Dollars for each and every offense. MISDEMEANORS. 39 Sec. 94, Goods, wares, etc., on streets; Nuisance. It shall constitute, and it is hereby declared, a nuisance for any person to set or place, or cause to be set or placed, or permit to remain, an}- goods, wares, mer- chandise or other propert}^ of any kind on any street, boulevard, sidewalk or driveway, for a longer time than two hours. Any person who shall so obstruct the street, sidewalk, boulevard, or driveway, in front of an}- store or dwelling with any goods, wares, merchandise, or other property of any kind, for a longer period than aforesaid, shall be subject to the penalty of not less tlian Five Dollars nor more than Fifty Dollars for each and every offense, and it shall be the duty of the South Park Superintendent to forthwith remove and abate such nuisance. Sec. 95. Drunkenness. No person shall be intoxi- cated in any street, highway, thoroughfare, park or public place, or in any private house or i)lace, to the disturbance of any person. Sec. 90. Obscene or indecent books, pamphlets, etc. No per.son shall exhibit, sell or offer to sell, give away or offer to give away, or have in his possession, with or without iuteut to sell or give away, auy obscene or indecent book, ]»aniphlet, paper, drawing, lithograph, engraving, picture, daguerreotype, photograph, stere- oscopic picture, model, cast, instrument or any article of indecent or immoral use. Sec. 97. Cheating device. No person shall man- age, use or practice any game or device whatever, with intent to cheat or defraud another. 40 MUNICIPAL CODE. Sec. 98. Dangerous openings in sidewalks. No person shall keep or leave oi>e'n aii}^ cellar door, or liratiug of any vault, ou any liiginvay or sidewalk, or suffer the same to be left or kept open, or suffer any sidewalk in front of his premises to become or continue so out of repair as to endaiiger life or limb. Sec. 90. Vagrants, etc. Vagrants, mendicants, idle and dissolute persons, who go about begging, or l)lace themselves in any highway to beg or receive alms, persons who use any juggling or unlawful games, com- mon drunkards, prostitutes, IcAvd, wanton and lasciv- ious persons in speech or behavior, or common raiders and brawlers, persons who habitually neglect their em- ployment or calling, and do not provide for themselves or for the support of their families, and all persons who, not having visible means to maintain themselves, are without employment, and habitually frequent houses of ill-fame, gaming houses, dram-shops or sa- loons, may be imprisoned not to exceed six months, or fined not to exceed two hundred dollars. Sec. 100. Removing snow from sidewalks. Every owner or occupant of any house or other building, and the owner or proprietor, lessee, or person entitled to the possession of any vacant lot, and ever}^ person hav- ing the charge of any church, public hall, or other public building, fronting upon any of the parks or boul- evards under the control of the South Park Commis- sioners, shall, .during the winter season, and during the time snow^ shall continue on the ground, before nine o'clock on every morning when necessary clear the sidewalk or sideAvalks in front of such house, or other building, or in front of such lot, from snow and ice, and MISDEMEANORS. 41 keep the same free tlierefi-oin during the day; aud eveiy person neglecting or refusing to comply with any of the provisions of tliis section shall be guilty of a misde- meanor and incur a penalty of not less tlian Five (f 5,00) Dollars for each neglect or refusal. Sec. 101. Penalty. Any person violating any clause, section or provision of this chapter, Avhere no penalty is already provided, shall be fined in a sum not less than One Dollar and not exceeding One Hundred Dollars for each and everv offense. CHAPTER VIII. OFFICERS. 102. OfR'ces not provided by 108. Secretary, other duties. charter. 109. Treasurer. 103. Officers removed. 110. Superintendent. 104. Clerks and assistants. 111. Superintendent, orders to. 105. Salaries 112. Engineer. 106. Secretary. 113. Gardener. 107. Secretary keep record of 114. Attorney. ordinances, etc. SectioD 102. Offices not provided by charter. The following- named Oificers, in addition to those cre- ated bj the charter, shall be appointed by the South Park Commissioners, to-wit : South Park Superintend- ent, South Park Attorney, South Park Captain of Po- lice, and South Park Gardener. Such officers shall hold office, unless sooner removed, until their successors are appointed and qualified. Sec. 103. Officers removed. Any officer appointed may be suspended or removed by the Commissioners, and all vacancies shall be filled by them. Sec. 104. Clerks and assistants. The Commis- sioners shall also, from time to time, appoint such clerks and assistants as the service may require, and dismiss the same in their discretion. Sec. 105. Salaries. The salaries of all officers shall be fixed annually by resolution and shall be payable monthly. OFFICERS. 43 Sec. 106. Secretary. The Secretary shall keep the coii^orate seal and affix the same to all papers which require it. lie shall keep all records and papers be- lonjj;ini;- to the Conimissiouers, attend all meetinj^s of the Commissioners and keep a full record of their pro- ceedings in the journal. Sec. 107. Secretary to keep record of ordinances, etc. All ordinances and resolutions passed by the Commissioners shall be recorded by the Secretary in a book to be kept for that purpose before the next reg- ular meeting after their passage, and if any such ordi- nance or resolution shall require publication he shall cause the same to be duly published. Sec. 108. Secretary, other duties. He shall also perform such otlier duties as may be required of him by law or by the ordinances or resolutions of the Com- missioners. Sec. 109. Treasurer. The Treasurer shall receive all the moneys belonging to the Commissioners and shall pay the same out onh^ upon warrants regularly drawn, as hereinafter provided. He shall make month- ly reports of the receipts and disbursements of money, and also submit to the annual meeting a detailed re- port showing the receipts and disbursements of money during the preceding year. Sec. 110. Superintendent, authority of. The Su- perintendent shall hav(' the general management and control of the parks, boulevards, streets and driveways under the control of the Ck)mmissioners. He shall ap- point such assistants and employes as the Commission- 44 MUNICIPAL CODE. ers may authorize, subject to their apx)roval, and he shall have j)ower to remove .such assistants and em- ployes as he appoints. Sec. 111. Superintendent, orders to, of Commis- sioners. He shall also receive and execute, the orders of said Commissioners and comply with such rules and regulations as the Commissioners ma}^, by ordinance or resolution, prescribe. Sec. 112. Engineer, The Superintendent shall also be the Engineer, and have charge of the engineer- ing department and do all the surve^dng and civil en- gineering required. Sec. 113. Gardener. The Gardener shall be under the direction of the Superintendent, and under his di- rection shall have charge of all the green-houses, shrubs, flowers and other matters and things pertain- ing to the nursery and horticultural department, and shall perform such other duties as may be imposed upon him by the ordinances or resolutions of the Com- missioners. Sec. 114. Attorney. The Attorney shall have charge of all litigation to which the Commissioners shall be a party, and shall draft all instruments re- quired by the Commissioners and give opinions in writ- ing on all questions referred to him by the Commis- sioners. CHAPTER IX. ORDINANCES. 115. Record of. 117. When minimum fine only IIG. Two penalties — one recov- expressed — Maximum, ery only. 118. Words, how construed. 119. Penalty, not expressed. Section 115. Record of Ordinances. All ordi- nances passed b}^ the South Park Commissioners shall be recorded by the Secretary in a proper book or books with indexes. The originals shall be filed in the Sec- retary's oflfice. Sec. IIT). Two penalties for same offense— one recovery only. In all cases where the same offense may be made punishable, or shall be created by differ- ent clauses, or sections of the ordinances of the South Park Commissioners, the officer, or person prosecuting', may elect under which to proceed, but not more than one recovery or punishment 'shall be had against the same person for the same offense. Sec. 117, When minimum fine only expressed — maximum. Whenever in this or in any ordinance hereafter passed a minimum but no maximum fine or penalty is imposed, the Court ma}', in its discretion, adjudge the offender or offenders to pay any sum of money exceeding- the minimum fine or penalty so fixed, not exceeding the sum of Two Hundred Dollars. Sec. 118. Words, plural, etc., how construed. Whenever any words in any ordinance importing the plural number shall be used in describing or referring 45 46 MUNICIPAL CODE. to any matters, parties or persons, any single matter, party or person shall be deemed to be included, al- though distributive Avords may not be used. And, when any subject matter, party or person, shall be re- ferred to in any ordinance by words importing the sin- gular number only, or the masculine gender, several matters, parties or persons, and females as well as males, and bodies corporate shall be deemed to be in- cluded: Provided, that these rules of construction shall not be applied to any ordinance which shall contain any express provision excluding such construction, or where the subject matter or context of such ordinance may be repugnant thereto. Sec. 119. Penalty not expressed. Whenever in any ordinance the doing of any act or the omission to do any act or duty is declared to be a breach thereof, and there shall be no fine or penalty declared for such breach, any person who shall be convicted of any such breach shall be adjudged to pay a fine of not less than Three Dollars nor more than One Hundred Dollars. CHAPTER X. POLICE DEPARTMENT. 120. Police, number — Captain of 124. Duties of police. police. 125. Po>wers of police. 121. Police — age. 126. Escape, resisting police — 122. Superintendent to appoint Penalty. police. 127. Impersonation of police — 123. Special police. Penalty. Section 120. Police, number— Captain. The po- lice force shall consist of such number of policemen as shall from time to time be appointed by authority of the Commissioners, and shall be under the command of the Captain of Police. The Captain of Police shall be subject to the direction of the Superintendent, who shall make proper rules and regulations for the disci- pline of the police force not inconsistent witli the pro- visions of this ordinance Sec. 121. Police, age, requirements. The appli- cants for position on the police force shall not be over thirty-five years of age, nor less than five feet ten inches tall, and must be expert in horsemanship and be capable of protracted pliysical endurance. Sec. 122. Police appointed by Superintendent. The Superintendent shall make all ax^pointmcnts to the police force, subject to the approval of the Commis- sioners, and shall have power to remove any member of the police force, reporting his reasons therefor to the next meeting of the Commissioners. 47 48 MUNICIPAL CODE. Sec. 123. Special police. The Superintendent, in case of emergency, is hereby authorized and empow- ered to aj)point special policemen, and such policemen shall have the same powers and authority as the regu- hir police force, i)rovided that such appointment shall in no case continue for more than twenty-four hours. Sec. 124. Police duties. The seyeral members of the police force, when on duty, shall devote their time and attention to the discharge of the duties of their sta- tion under the direction of the Captain of Police, in accordance with the ordinances and the rules and reg- ulations of the Superintendent, and it shall be their duty to preserve, to the best of their ability, order, peace and quiet, and to enforce the laws and ordi- nances. Sec. 12.5. Police powers. They shall have power to arrest any person found in the act of violating such laws and ordinances, or aiding or abetting any such violation, and they shall take all persons so arrested before some justice of the peace or police magistrate. Sec. 126. Resisting police— escape— penalty. No person shall resist any member of the police force in the discharge of his duty, or in any wa}^ interfere with or hinder or prevent him from discharging his duty, or oif er or endeavor so to do, or in any manner assist any person in custody of any member of the police force to escape or attempt to escape from such custody, or res- cue or attempt to rescue any person in custody, under a penalty for each offense of not less than Ten Dollars. Sec. 127. Impersonation of police— penalty. No person shall falsely represent or personate any member POLICE DEPARTMENT. 49 of tbe police force, or pretend to be a member of the police force, or maliciously and with intent to deceive, use any of the signs, signals or devices adopted or used by the police department, and no person shall wear in public the uniform adopted as the police uniform, ex- cept active members of the police force. Any person violating any of the provisions of this section shall be subject to a fine of not less than Ten Dollars for each and everv offense. CHAPTER XL RAILROADS. 128. Flagman, gates. 130. Obstructions at crossings. 129. Penalty. 131. Penalty. Section 128. Flagman— gates. All railroads iiow using and maintaining, or wliicli shall hereafter use and maintain railroad tracks across or intersecting any of the parks, boulevards, streets or driveways under the control of the South Park Commissioners shall sta- tion, keep and maintain at all times, at their own ex- pense at each and every of such crossings and in- tersections a flagman, whose duty it shall be to signal persons traveling in the direction of such crossing and warn them of the approach of any locomotive engine, or car, or of any impending danger, and such railroad companies shall construct and maintain gates at such crossings and intersections whenever requested or re- quired so to do by resolution of the South Park Com- missioners. Sec. 129. Penalty. Any railroad or railway com- pany failing to observe or comply with the provisions of section one hundred and twenty-eight shall be sub- ject to the penalty of not less than Ten Dollars nor more than Two Hundred Dollars for each and every offense, and each and every day that such failure shall continue shall be deemed, and constitute, a separate offense. Sec. 130. Obstructions at crossings. No railroad company, railroad engineer, train conductor or otlier i . , 50 RAILROADS. 51 railroad employe, or person, shall cause or allow any locomotive engine, car or cars, or train of cars, to stop or remain upon any railroad crossing across or inter- secting any of the parks, boulevards or streets under the control of the South Park Oommissioners for a longer period than live minutes at any one time, nor shall such railroad crossings or intersections, or the tracks thereon be used at any time for switching pur- poses. Sec. 131, Penalty. Any railroad company, engin- eer, train conductor or other railroad employe, or any person who shall violate any of the provisions of section one hundred and thirty shall be subject to the penalty of not less than Five Dollars nor more than One Hun- dred Dollars for each and every offense. CHAPTER XII. REPEAL. Sec. 132. Repeal. All ordinances and parts of or- dinances in conflict with this ordinance or any part thereof are hereby repealed. Sec. 133. In Force. This ordinance shall be in force and effect upon and from its passage and due publica- tion. State of Illinois, County of Cook, South Park ^ ''^^• Commissioners. I, E. G. Shumway, secretary of the South Park Com- missioners in the County and State aforesaid, and keep- er of all papers, entries, records and ordinances of said South Park Commissioners, do hereby certify that the above and foregoing is a true cop}^ of an ordinance en- titled "Municipal Code of the South Park Commission- ers," passed by the South Park Commissioners on the 10th day of March, A. D. 1897. I further certify that I am the keeper of the original ordinance of which the foregoing is a certified copy, and that the same is on file in my office. In Witness Whereof I have hereunto set my hand and affixed the seal of the South Park Commissioners, this day of , A. D. 1897. Secretary of the South Park Commissioners. 52 STATUTES AND DECISIONS EELATING TO THE SOUTH PARK COMMISSIONERS. ORIGINAL CHARTER. AN ACT TO PROVIDE FOR THE LOCATION AND MAIN- TENANCE OF A PARK FOR THE TOWNS OF SOUTH CHI- CAGO, HYDE PARK ANfD LAKE. [APPROVED FEBRUARY 24, 1869.] Section 1. Appointment— Oath— Bond. Be it en- Jicted by the People (tf tlie State of Illioiiis, repre- sented iu the General Assembly, That five persons, who shall be appointed by the Governor of the State of Illinois, together with their snceessors, be, and the}' are hereby, constitnted a Board of Pnblic Park Com- missioners for the towns of Sontli Chicago, Hyde Park and Lake, to be known nnder the name of the South Park Commissioners; and in case of the failure of any of said persons to accept such appointment, and to qualify thereunder as hereinafter provided, within six- ty days after the passage of this act, the place of such person in said commission shall be thereby vacated, and it shall be the duty of a majority of the Commis- sioners so accepting to appoint some suitable person to till the plac(- thus made vacant, which appointment, when accepted by such ncuninec, shall constitute such person as a Commissioner uiuler this act. And a ma- jority of said Commissioners shall so coutiuue to nomi- 53 54 STATUTES. nate until the board shall consist of five persons. Each of said Commissioners, before entering upon the duties of his office, shall take an oath to well and properly discharge the duties of his office for the interest of the public, which oath shall be reduced to writings sub- scribed to by him, and filed in the office of the County Clerk of Cook County. They shall each give a bond in the penal sum of fifty thousand dollars, with one or more sureties, to be approved hj the Judge of the Cir- cuit Court of Cook County to the Treasurer of Cook County, conditioned for the faithful discharge of their duties under this act. Sec. 2. Term— Officers— Seal— Vacancies. As soon as convenient, after the said board shall be consti- tuted as aforesaid, the members thereof shall decide by lot, at a meeting to be called by au}^ three of them, as to the respective terms for which each member shall hold his office; the number of lots shall equal the num- ber of Commissioners, and the person drawing the long- est term shall serve for five years from the first day of March, A. D. 18G9; the one drawing the next shall serve for four years from said date; the one drawing the next shall serve for three jenva from said date; and so on until the term of each one of said Commissioners shall be definitely determined, each one serving for the length of time inscribed on the lot drawn by him — the last of said Commissioners serving for the term of one year only from said first day of March, A. D. 1869. As soon as the term of office of each of said Commissioners shall be determined as aforesaid, said board shall or- ganize by electing one of their number as President, and one of their number as Auditor; they shall also appoint a Treasurer, prescribe his duties and fix his ORIGINAL CHARTER. 55 compensation, who shall give bond for the faithful dis- charge of his duties in the penal sum of live hundred thousand dollars, with not less than three sufficient sureties, to be approved by the Judge of the Circuit Court of Cook Count}-. They shall also choose a Sec- retary^, who shall not necessarily- be a Commissioner, and who shall hold his office until his successor shall be appointed, as hereinafter provided; and all officers appointed by the board shall be subject to removal at the pleasure of the board. The said board shall adopt a seal and alter the same at pleasure; they shall keep a complete record of all their proceedings, which shall be open at all times for the inspection of the public. The said Commissioners shall receive no compensation for their services, except the President, who may, in the discretion of said board, have and receive such compen- sation as may be fixed as hereinafter provided, not to exceed three thousand dollars per annum. All vacan- cies occurring in said board sliall be filled by the ap- pointment of the Judge of the Circuit Court of Cook County, when such vacancy or vacancies shall occur. Said Board of Commissioners shall be a body politic and corporate, and shall have and enjoy all the powers necessary for the purposes of this act. Sec. 3. Election. The President, Auditor, Treas- urer and Secretary shall be elected annually by said board, at the annual meeting thereof, and shall receive such salar}^ for their services as said board shall from time to time determine, not exceeding, for each of said officers, the sum of three thousand dollars per anmim. Sec. 4. Lands to be taken. The said Commis- sioners, by this act, are authorized and empowered ro, 56 STATUTES. and they shall, within ninety days after their organiza- tion as aforesaid, or as soon thereafter as practicable, select the following described lands, situated in the towns of South Chicago, H^'de Park and Lake, in Cook County, Illinois, to-wit: Commencing at the south- west corner of Fifty-first street and Cottage Grove ave- nue, running thence south along the west side of Cot- tage (k'ove avenue to the south line of Fifty-ninth street; thence east along the south line of Fifty-ninth street to the east line of Hyde Park avenue; thence north on Hyde Park avenue to Fifty-sixth street; thence east along the south line of Fifty-sixth street to Lake Michigan ; thence southerly along the shore of the lake to a point due east of the center of section twenty-four (24), in township thirty-eight (38) north, range fourteen (14); thence w^est through the center of said section twentj^-four (24) to Hjale Park avenue; thence north on the east line of Hyde Park avenue to the north line of Sixtieth street, so called; thence west on the north line of Sixtieth street, so called, to Kankakee avenue; thence north on the east line of Kankakee avenue to Fifty-first street; thence east to a point to the place of beginning; also, a piece of land commencing at the southeast corner of Kankakee avenue and Fifty-fifth street, running thence west, a strip two hundred feet wide, adjoining the north line of Fifty-fifth street, along said Fift3^-fifth street to the line between ranges thir- teen (13) and fourteen (14) east; thence north, east of and adjoining said line, a strij) two hundred feet wide, to the Illinois and Michigan canal; also, a parcel of land beginning at the southwest corner of Douglas place and Kankakee avenue, running thence south, a strip of land one hundred and thirty-two feet wide ORIGINAL CHARTER. 57 along the west side of said Kankakee avenue to a point one linndred and fifty feet south of the south line of Fifty-first street; also, a strip of land commencing at the intersection of Cottage Grove avenue and Fifty- first street, running thence east one hundred feet in width on each side of the center line of Fifty-first street, to a point one hundred feet east of the center line of Drexel avenue; also, a strip of land extending north from the intersection of Fift^'-first street with Drexel avenue, one hundred feet in width on each side of the center line of said avenue to the north line of Forty- third street; thence northerly, a strip of land two hun- dred feet in width till it meets or intersects with Elm street in Cleaverville; thence northerly along said Elm street, two hundred feet in width, west from the east line of said street, to its intersection with Oakwood ave- nue; which said land and premises, when acquired by said Commissioners, as provided by this act, shall be held, managed and controlled by them and their suc- cessors, as a public park, for the recreation, health and benefit of tlie public, and free to all i)ersons forever, subject to such necessar}^ rules and regulations as shall, from time to time, be adopted by said Commissioners and their successors, for the well ordering and govern- ment of the same. Sec. 5. Condemnation. In case the said Commis- sioners cannot agree with the owner or owners, lessees or occupants of any of the said real estate selected by them as aforesaid, they ma}' proceed to procure the condemnation of the same in the uianner prescribed in the act of the ^Jeneral Assembly of the State of Illinois, entitled "An Act to auieinl tlic law condemning right of way for the purpose of internal iiM])rovroceedings in all respects shall be had for enforcing the collection of the same as is now provided by law for the collection of State and county taxes. The money collected under the pro- visions of this section shall be paid to the treasurer of Cook County, for which he and his sureties shall be re- sponsible, as fully as for any other monej'S by him re- ceived as treasurer of Cook County, and be held b}^ him ORIGINAL CHARTER. 61 iu the same maimer and be subject to the same control and direction, as i)r()vid(Ml in this act for other moneys belonging- to said corporation; and the treasurer of Cook County sliall be entitled to receive one-half of one per cent, and no nioi-e, of said moneys as a full com- pensation for receiving and disbursing the same. Sec. 8. Bonds for deficiency. For any deficiency arising- tlirough acipiiring a title to said park, and for the payment of expenses of enclosing, maintaining and improving- the park herein provided for, and the ex- penses, disbursements and charges in the premises, the said Commissioners shall have power to loan or borrow, from time to time, for such time as the}' shall deem ex- pedient, a sum of money not exceeding two millions of dollars, and shall have authorit}^ to issue bonds, secured upon the said park and improvements, Avhich bonds shall issue under the seal of said Commissioners, and shall be signed by said Commissioners, and counter- signed by the secretary of said board, and bear inter- est not exceeding scacu per cent, per annum; and it shall be the duty of said Commissioners to keep an ac- curate register of all bonds issued by them, showing the number, date and amount of each bond, and to whom the same was issued, and said register shall at all times be open to the investigation of the public; and for the payment of the principal and interest of said bonds tlio said park and improvements shall be irrevocably j^ledged, anresi- dent and secretary of the board, and countersigned by the auditor, to be appointed as aforesaid, and in no other wa}^; the appointment of such auditor or comp- troller having been first duly certified by such president ORIGINAL CHARTER. 63 and secretary, and filed in the office of said treasurer of Cook County. Sec. 10. Closing highway. It shall be lawful for said Comniissiouers to vacate and close up auy and all public roads and highways, excej)ting railroads, which may pass through, divide or separate any lands selected or appropriated by theui for the purpose of a park; and no such road shall be laid out through said park except as the said Commissioners shall lay out and construct. Sec. 11. No Commissioner to be interested in contracts. No one of the said Commissioners shall be interested, either directly or indirectly, in any contract entered into by them with auy other person; nor shall they be interested, directly or indirectly, in the pur- chase of an}^ material to be used or applied in and about the uses and purposes contemplated in this act. And it shall be a misdemeanor for any Commissioner to be directly or indirectly interested, or in any way pe- cuniarily interested in any contract or any work of any kind whatever, connected with said park. Sec. 12. Commissioners removed. The said Com- missioners, or either of them, may be removed from office by the Judge of the Circuit Court of Cook County, upon the petition presented to him in term time or in vacation, by one hundred free-lu)lders of said towns of South Chicago, Hyde Park, and Lake, if it shall appear, after hearing the proof before said judge, that the said Commissioners, or either of them, have been guilty of misdemeanor or malfeasance in office under this act; and if the said judge shall remove any two or more of said Commissioners from office for auy cause, before the 64 STATUTES. expiration of their term of office, he is hereby empower- ed to appoint others in their stead, who shall fill such offices for and during the unexpired term of such Com- missioners so removed. Sec. 13. Power to govern. The said board shall have the full and exclusive poAver to govern, manage and direct said park; to lay out and regulate the same; to pass ordinances for the regulation and government thereof; to appoint such engineers, surveyors, clerks, and other officers, including a police force, as may be necessary; to define and prescribe their resj)ective duties and authority; fix the amount of their compen- sation; and, geueralh^, in regard to said park, they shall possess all the power and authority now by law conferred upon, or possessed by, the Common Council of the Cit}^ of Chicago, in respect to the public squares and places in said city; and it shall be lawful for them to commence the imi>rovemeut of said park as soon as they have obtained one hundred acres of the premises herein described. Sec. 14. Office vacant. The office of any com- missioner under this act, who shall not attend the meetings of the board for three successive months, after having been duly notified of said meetings, without leave of absence from said board, may, by said board, be declared vacant. Sec. 15. Taxation. The real estate and pers(uial property of said corporation shall be exempted from taxation and assessment. Sec. 16. Bonds and funds for park improve- ments. All moneys belonging or to belong to any ORIGINAL CHARTER. 65 park fund now in existence or hereafter to be created, and all bonds, and the proceeds from sales thereof now authorized or hereafter to be authorized to be issued by the City of Chicago for park purposes, in or to which the South Division of the City of Chicago may now or shall hereafter be entitled to a distributive share, shall be devoted and applied to the purchase or maintenance and improvement of the park contemplated and creat- ed by this act, under the direction and control of the Commissioners provided for in this act. Sec. 17. Bonds received in payment of assess- ment. The bonds to be issued under this act may be received in payment of any assessment, whether such bond or assessment shall have become due or not, upon such terms as shall be fair, just and equitable; and upon the payment of any assessment, the land upon which the same is assessed shall be free from any lien or liability to pay the same; and such payment shall be reported to the County Clerk of Cook County, and entered upon the record of assessment. Sec. 18. Election, judges, clerks, voters. There shall be an election held in the towns of South Chicago, Hyde Park, and Lake, on the fourth Tuesday in March next after the passage of this act, at which election the legal voters voting at such election shall vote for or against this act. The tickets shall be print- ed or written, "For Park" or "Against Park;" and if a majority of the votes cast on the subject of park shall be "For Park," then this act shall take effect and be in force, but not otherwise. The Clerk of the County Court of Cook County shall designate the places of holding such election, and give notice thereof in one or more of the daily papers published in the 66 STATUTES. County of Cook, at least six days preceding such election, and shall supply the judges thereof with the necessary books, papers, and boxes as in other cases of election, and there shall be one ijolling or voting place in each yoting precinct in said towns, as the same were fixed at the last general election in the County of Cook. The persons who acted as judges or inspectors of election in the several precincts of said towns, at the last general election in Cook County, shall be the judges or insj)ectors of this election. In case the judges or inspectors of election shall not attend at the time for opening the polls, such judges or inspectors shall be chosen by the legal voters present. The clerks shall be appointed as j)rovided in elections for count}' of&cers. The polls shall be opened and closed, and the election conducted as elections for county officers. All legal voters of said towns shall be entitled to vote at such election, without any new registration; and the judges or inspectors of such election shall use the reg- istry list made for the general election in November, 1868: Provided, That whenever any person whose name is not on the registry list shall offer his vote at such election, the judges or inspectors shall require the same evidence of his qualifications as now provided by law. The said judges of election shall immediately after the closing of the polls, count the ballots, fill out and sign the returns and tally sheets, as now provided by law in all other elections, and return the poll books and ballots to the Clerk of the County Court, as in other cases of election. The votes shall be canvassed in the manner provided by law for the election of State and county officers. The Clerk of the County Court of Cook County shall, immediately after such canvass, cause a ORIGINAL CHARTER. 67 certificate of the result of such election to be filed in the office of the Secretary of State, which shall be con- clusive evidence of the result of said election. Sec. 19. This act shall be a public act, and shall take effect and be in force from and after its passage. NOTE. In the case of People ex rel. vs. Salomon, 51 111., 37, it was held that under the act of February 21, 1809, pro- viding- for the location and maintenance of a park for the towns of South Cliicago, Hyde Park and Lake, those towns were erected into a park district, and the people of the towns affected by the act, having, by a vote, ac- cepted its provisions, the Board of South Park Com- missioners was thereby created and became a munici- pal corporation, to which was committed the entire control of the park, and in which it was competent for the Legislature to vest the power to assess and collect taxes within the park district so created, for the special corporate pur^jose of its creation, and that it was the duty of the County Clerk of Cook County to receive and file an estimate, made by the Commissioners, of the amount of money required for park purposes and to place that amount in tlie proper tax warrants to be collected from the tax payers of the district, as pro- vided in the acts of the Legislature of 1809. Tlie Court held in this case that the South Park Com- missioners were, by the acts of the Legislature creating it and the vote of the people in the three towns accept- ing it, constituted into and made the corporate authori- ty of the Towns of South Chicago, Hyde Park and Lake, for the purpose of assessing and collecting taxes for the purposes of establishing and maintaining the South Park system. See also Dunham vs. People, 96 Ills., 331. 68 STATUTES. AN ACT AMENDATORY OF AND SUPPLEMENTARY TO AN ACT TO PROVIDE FOR THE LOCATION AND MAINTENANCE OP A PARK FOR THE TOWNS OF SOUTH CHICAGO, HYDE PARK AND LAKE, APPROVED FEBRUARY 24, 1869. [AP- PROVED APRIL 16, 1869.] Section 1. Lands taken. Be it enacted by the People of the State of Illinois, represented in Gen- eral Assembly, That the portion of the fourth section of the act to Avhich this is amendatory and supple- mental, which is in the words "A piece of land com- mencing at the soutlieast corner of Kankakee avenue and Fifty-fifth street; running thence west, a strip two hundred feet wide adjoining the north line of Fifty-fifth street," is hereby amended by substituting in lieu thereof the words "A piece of land commencing at the northeast corner of Kankakee avenue and Fifty-fifth street, running thence west a strip two hundred feet wide south of and adjoining the north line of said Fifty- fifth street." Sec. 2. Bonds issued. The bonds authorized to be issued by the act of which this is amendatory and supplemental, may be issued, sold, and the proceeds applied for acquiring said lands, and for any and all purposes in the said act mentioned. Said bonds shall be retired and cancelled as fast as the money for that purpose can be obtained, by the collection of the money due upon the special assessment provided for in sec- tion seven of the act hereinbefore mentioned, and a sufficient amount of any bonds that may be issued by the City of Chicago under any law now in force or here- inafter enacted, and received by said Commissioners, shall be applied to the purpose of retii'ing the bonds authorized by said act. AMENDMENT TO CHARTER. 69 Sec. 3. The ninth section of said act is hereby so amended that the words "during the current year," shall read "during the next succeeding year." Sec. 4. Removal of commissioners. That the twelfth section of said act be and the same is hereby amended so as to read as follows: The said Commis- sioners, or either of them, may be removed from office by the Judge of the Circuit Court of Cook County, upon the petition presented to him, in term time or in vaca- tion, by one hundred freeholders of said towns of South Chicago, Hyde Park and Lake, if it shall appear, after hearing proof before said judge, that the said Com- missioners, or either of them, have been guilty of mis- demeanor or malfeasance in office under this act; and if the said judge shall remove any one or more of said Commissioners from office for any cause before the ex- piration of their term of office, he is hereby authorized and empowered to fill the vacancy or vacancies thus created by appointing other Commissioners in their place, who shall serve during the unexpired terms of the Commissioners so removed. Sec. 5. Adjoining streets. The Commissioners to be appointed under said act are hereby A^ested with the same powers and duties as are conferred by said act in relation to lands designated for parks, over all streets running longitudinally along and adjoining any and all of the proposed parks, or strips of land designated in said original act, as are conferred by said act in re- lation to such parks and strips of land, as may be neces- sary to improve and keep in repair the same, in con- nection with the said parks or strips of land, witliout obstructing the fences or other structures, free access 70 STATUTES. to the said streets from existing roads and streets, and by owners of land abutting on tiie same. See. 6. Election. The elections held in the towns of South Chicago, Hyde Park and Lake, on the twenty- third day of March, A. D. 1869, under and by virtue of the eighteenth section of the act to which this is an amendment, are hereby legalized and confirmed, and said act shall be held and deemed to have been regu- larly and legally adopted by the legal voters of said towns, and shall remain in full force and effect, and shall be liberally construed in all courts with a view to carry out and enforce the intent and meaning of the same. ' . Ij •■. \ Sec. 7. This act is hereby declared a public act, and shall take effect and be in full force from and after its passage. COMPLETION AND MANAGEMENT. AN ACT TO ENABLE THE CORPORATE AUTHORITIES OF TWO OR MORE TOWNS, FOR PARK PURPOSES, TO ISSUE BONDS IN RENEWAL OP BONDS HERETOFORE ISSUED BY THEM, AND TO PROVIDE FOR THE PAYMENT OF THE SAME: TO MAKE. REVISE AND COLLECT A SPECIAL ASSESSMENT ON CONTIGUOUS PROPERTY FOR BENEFITS BY REASON OF THE LOCATION OF PARKS AND BOULEVARDS AND TO MAKE NECESSARY CHANGES IN THEIR LOCATION. [AP- PROVED JUNE 16, 1871. IN FORCE JULY 1, 1871.] Section 1. Park Commissioners corporate authori- ties. That persons who have been appointed or other- wise selected, as Commissioners or officers under and in pursuance of any act or acts of the General Assembly of this State which has or have been submitted to the legal voters of one or more towns, and by them respec- tively adopted, for the purpose of locating, establishing. COMPLETION AND MANAGEMENT. 71 enclosing:, improving or maintaining any public park, boulevard, driveway, highway or other public work, or iiiil)rovement, are declared to be corporate authorities of such towns for the purposes named in such act or acts; whether such persons are authorized to discharge the duties imposed upon them as a corporation or other- wise. Sec. 2. New bonds issuable for old park bonds. Corporate authorities of towns who have been author- ized bv law to issue bonds for the purpose of establish- ing, inclosing, improving or maintaining any public park, boulevard, driveway, highway, or other public work, or improvement in such towns, may issue new bonds, payable not more than twenty years from the date thereof, and the same exchange for bonds issued by such corporate authorities for the same purpose. The said corporate authorities may purchase any bonds issued by them, at any rate not exceeding the par value thereof, and issue in lieu of the same, bonds payable as aforesaid; such new bonds shall be issued under the seal of said corporate authorities, if they have one, and shall be signed by them and countersigned hy their Secretary, if tliey have one, and bear interest not ex- ceeding seven per cent, per annum, payable semi-an- nually; and the principal and interest may be made payable at any place or places, within or without this State. The said bonds shall also contain a provision securing to said corporate autliorities the right, if the said bonds or a sufficient number of them, cannot be ])iirchiised at not exceeding on(^ ])er cent, above the par value IIi(M'(M)f, for the yearly sinking fnnd hereinafter })rovi(led, to ]»ay and retire at the end of each year after the date of said bonds, or so so(»n 1 hereafter as due 72 STATUTES. ' notice shall have been given, such number of the same, as may be necessary for that purpose, to be selected by lot by said corporate authorities, in the manner herein- after provided. — It shall be the duty of said corporate authorities to keep an accurate register of all bonds issued by them, showing the number, date and amount of each bond, and said register shall, at all times, be open to the inspection of the public. — The public park, boulevard, driveway, highway, or other public work or improvement, on account of which said bonds may be issued, shall be irrevocably'' pledged for the payment of the principal and interest thereof, and the town in which such public park, boulevard, driveway, highway, or other public work or improvement are in whole or in part situated, shall also be irrevocably bound for the payment of the same. Bonds issued under this act may be exchanged as aforesaid, or sold by said corpo- rate authorities for such prices as they may deem expe- dient, but the proceeds of bonds sold shall only be used for the payment or purchase of outstanding bonds which cannot be exchanged. — The bonds received in exchange or purchased as aforesaid shall be cancelled, whereof an entry shall be made upon the bond regis- ter of said corporate authorities, showing the date, number and amount of each bond cancelled; and no bonds shall be issued under this act exceeding the amount already issued, nor contrary to the provisions of section twelve, article nine, of the Constitution of this State, nor until provision is made by law for the collection of a direct annual tax sufficient to pay the interest on such bonds as it falls due, and also to pay and discharge the principal thereof on or before the time when the same shall become due. And whenever COMPLETION AND MANAGEMENT. 73 any provision has been made by any act or acts of the general assembly of this State for the assessment and collection of an annual tax in order to pay the interest on bonds issued by said corporate authorities, the pro- visions of said act or acts are hereby continued and extended, so as to require the assessment and collection of said annual tax, not only for the purpose of said act or acts named, but for the payment of the interest on any bonds which may be issued under this act, and to provide for the annual payment of a part of the princi- pal thereof. Officers collecting said annual tax are re- quired at the end of each month, to pay to said corpo- rate authorities, so much of said tax as has been col- lected, and for collecting and paying over of said annual tax, no compensation shall be allowed except the salary allowed by law to the collector thereof; and if, for any cause, any portion of said annual tax required to be assessed and collected as aforesaid, shall for any one or more years fail to be collected, the said corporate au- thorities are required to add such deficiency or defi- ciencies to the amount required to be assessed in the suc- ceeding year or years, and the amount of such de- ficiency or deficiencies shall be by the proper officers assessed and collected in the same manner as said an- nual tax, and as a part thereof. — The said corporate authorities are required to cause said tax and any deficiencies occurring as aforesaid, to be assessed and collected as required by law, and to apply sufficient thereof from time to time to pay the interest upon said bonds issued, and which may be issued as the said in- terest shall fall due. — ^And at the end of the year after the date of any bonds issued under this act, and of every year thereafter, the said corporate authorities 74 STATUTES. shall, from the proceeds of said annual tax, set apart not less than three and one-fourth per cent, of the whole amount of bonds issued under this act, and a sum equal to the annual interest on said sum at the rate of in- terest borne by said bonds; which sum shall be applied by said corporate authorities in the purchase of bonds issued by them, if the same can be obtained at not ex- ceeding one per cent, above the par value thereof; and if the said corporate authorities cannot obtain said bonds or sufficient of them to absorb said fund at that price, then from the outstanding bonds issued under this act, and not theretofore selected, shall be selected by lot, so many thereof, as may be required to absorb the funds so set apart for a sinking fund. The said selection shall be made by said corporate authorities at the end of each successive year after the date of said bonds, or within one month thereafter, in the presence of one of the Judges of the Circuit Court of said county, who with said corporate authorities shall make and sign duplicate certificates of the result thereof, one of which shall be tiled in the office of the said coi^porate authoritievS, and the other in the office of the County Clerk of said county. Notice of said election and of the numbers of the bonds so selected, shall be forth- with given by said corporate authorities in one or more newspapers published in said county and in the City of New York, and if the owners of said bonds shall be registered, notice to such owners shall also be given by letter mailed to the address of such owner at his place of residence, if known or shown upon said register. The interest on bonds selected b}' lot, as aforesaid, shall cease from and after the time when the semi-annual interest on the same shall fall due next after the said COMPLETION AND MANAGEMENT. 75 selection is made; and, from the sums so set apart for a sinking fund, shall be paid the bonds so selected by lot as aforesaid, with interest until payment, or until the same shall cease as aforesaid. Tlie funds so set apart for a sinking fund shall not be used for any pur- pose other than purchasing bonds to be cancelled, and paying bonds selected as aforesaid for the same pur- pose. The bonds so selected, when paid, and the bonds purchased, shall be cancelled, a certificate whereof, stating the number, date and amount of said canceUed bonds, shall from time to time be made by said corpo- rate authorities, and filed in the office of the Ck)unty Clerk of said county. Sec. 3. Assessment, proceedings thereon. Corpo- rate authorities of one or more towns who have been authorized to make, establish or maintain any local im- provement, in whole or in part, by special assessment or special taxation of contiguous property, or other- wise, may estimate as near as may be the probable cost of the lands, taken or to be taken or purchased for such improvement, or revise, enlarge and correct any esti- mate theretofore made, and make a new one of the same, and of the expenses of obtaining said lands, to- gether with the cost of making and collecting a special assessment to paj^ the cost of said lands and expenses, and shall apportion the estimated costs of said lands, expenses and the cost of assessment as aforesaid, u[)(»n the lands situated in said towns, by said corjwrate autliorities deemed benefited by reason of said local improvement, as near as may be, in proportion to the benefit resulting thereto. And if said corporate au- thorities shall not deem the lands in said towns bene- fited to the full extent of the estimated cost of the lands, 76 STATUTES. taken or to be taken or purcliased a» aforesaid, and the costs and expenses aforesaid, tlien the said corporate authorities shall in like manner apportion so much thereof as they shall deem the lands in said town bene- fited. — The said corporate authorities shall give at least ten days notice in one or more newspapers published in the county in which such towns are situated, of the time and place of their meeting for the purpose of mak- ing said assessment, and may adjourn such meeting from time to time, until the same shall be completed. In making the said assessment, the lots, blocks and parcels of land deemed benefited, as aforesaid, shall be assessed, according to the descriptions and divisions thereof appearing of record in said county, on the day of the said first meeting, for the purpose of making the said assessment: but no error in the description or di- vision of any lot, block or parcel of land, in making said assessment, shall vitiate the same, provided the premises are described with substantial accuracy. The said corporate authorities shall estimate the value of the several lots, blocks or parcels of land deemed by them benefited as aforesaid, and shall include the same, together with the amount assessed for benefits, in an assessment book or roll. — All parties interested may appear before said corporate authorities, and may be heard touching any matter connected with the assess- ment. When the same shall be completed it shall be signed by the said corporate authorities, or by a majority thereof, and returned to the Circuit Court of the county in which such towns are situated, and filed with the clerk of said court, — whereupon the said corporate au- thorities shall give at least ten days' notice of the filing COMPLETION AND MANAGEMENT. 77 of said assessment roll, aud that tliey will on a day named, apply to the said Circuit Court for confirmation of the same. Said notice shall be signed by said corpo- rate authorities, or by a majority of them, and shall state the general nature of the improvement for which said assessment was made, and the towns, township, range and section in which the same is situated, with- out further description of its locality; and shall also state when the said assessment was filed in said court and the da}^ when the said corporate authorities will aj^ply to said court for confirmation of the same; but said notice need not contain a description of the lots, blocks or parcels of land assessed, nor the amount as- sessed upon them, or any of them, nor mention any particular law or laws of the State under which said assessment was made; which said notice shall be pub- lished in one or more newspapers published in the coun- ty in which said towns are situated, at least ten days before the time therein named for such application. When it shall appear to said court that proper notice has been given, it shall have power to hear, adjudge and determine the matter of said application, and all mat- ters connected therewith. Any person interested in any lot, block or parcel of land assessed, may appear therein, in person or by attorney, and object to said assessment : Provided, All objections shall be in writ- ing and be filed in said court at least three days before the time fixed for said application, and shall specify the lots, blocks or parcels of land wherein the said person objecting is interested, in respect whereof objections are made, and the grounds thereof; said court shall have power to revise, correct, amend and confirm the said assessment, in whole or in part, and may, without 78 STATUTESi further notice or order, make a new assessment in wliole or in part, and the same confirm, or may order a new assessment to be made in whole or in part, and the same may revise, correct, amend and confirm upon lilve notice as aforesaid, or upon such notice as it may pre- scribe, but no order to make a new assessment in part shall hinder or delay the confirmation of the residue, or the collection thereof. From and after the time the amount of any assessment shall be ascertained and con- firmed by said court, as to any lot, block or parcel of land so assessed, the amount thereof shall be a lien thereon, and may be paid at any time. The said court shall divide the amount of said assessment into install- ments, and fix the amount of the first installment, but the first installment shall not exceed twenty-five (25) per cent, of the said assessment. The portion of said assessment, after deducting there- from said first installment, shall be divided by the court into seven equal installments, Avhich said installments shall be payable annually thereafter, and the court shall fix the time on or before which each of said install- ments shall severally be paid. All installments shall bear interest at the rate of seveii per cent, per annum from the time on or before which the payment of the first one is to be made. The said corporate authorities, or their officer, from time to time duly authorized by them, and to be mentioned in some order or orders of said court, which it may from time to time make, shall have full power and authority to collect such assess- ment from the owners of such lands, and to give all proper receipts and discharges therefor. The orders of said court shall be conclusive evidence of the regularity of all previous proceedings necessary to the validity COMPLETION AND MANAGEMENT. 79 • thereof, and of all matters and things theiein recited as having been heard and adjudged by said court. It shall be the duty of the clerk of said court to enter in said assessment book or books, or upon said assessment roll, all reA'isions, corrections and amendments of such assessment, and all new assessments made by the court, and all revisions, corrections and amendments of the same, and all orders for new assessments and all new assessments made in pursuance of sucli order, and all revisions, corrections and amendments of the same, to- gether Avitli all orders of the court in said proceedings. The said corporate authorities are required to fur- nish to the clerk of said court a duplicate copy of said assessment book or books, or roll, wherein shall be en- tered from time to time by said corporate authorities the several matters and things entered in said original assessment book or books, or upon said original assess- ment roll, which duplicate and the entries thereon, shall from time to time, as the}' are made, be ceilitied by the clerk of said court, under the seal thereof, as a true cop\' of the original, and such duplicate copy of the assessment book or books, or roll, certified as afore- said, shall be sufficient authority to said corporate au- thorities, or to their officer designated therein, to collect any assessment therein confirmed as aforesaid, and to receipt for and discharge the same. It shall be the duty of the officer having the custody of said original assess- ment book or books, or roll, to enter thereon from such receipt or discharge the fact of such payment, which entry shall be evidence of the same. After the proceed- ings in the said Circuit Court shall be finally concluded and terminated, it shall be the dut}' of the clerk tliere- of to deposit said original assessment book or books. 80 STATUTES. or roll, and all proceedings relative to the same, duly entered as aforesaid, and properly certified, with the County Clerk of the county in which such towns are situated. In case said assessment, or any part thereof, so con- firmed as aforesaid, shall not be paid at the time or times fixed therefor by the orders of said Circuit Court, it shall be the duty of the corporate authorities to re- turn to the County Treasurer, or to some general officer of said county having authority to receive State and county taxes, a list of the lots, blocks and parcels of land so assessed, upon which said assessment shall re- main unpaid, and the amount unpaid upon each lot, block or parcel of land, and from and after the return of such delinquent list, the said County Treasurer or other general officer of said county having authority to receive said State and county taxes, as well as said corporate authorities, or their officer, shall have author- ity to receive any of said unpaid assessments, and to give all proper receipts and discharges therefor. It shall also be the duty of said corporate authorities to make and certify to the County Court in which such towns are situated a return, therein designating the said delinquent lands and the due and unpaid assess- ments against the same; and thereupon the said cor- porate authorities shall give notice by publication in one or more of said newspapers, that they will, on a day in said notice named, apply to said County Court for judgment against all delinquent lots, blocks or parcels of land upon which said assessment, or any part there- of, shall be unpaid. Such notice may be general, but must contain a description of the lots, blocks or parcels of land and the names of parties interested, if known, COMPLETION AND MANAGEMENT. 81 and the amount due and unpaid, which notice shall be published in one or more of said newspapers at least ten days before the time fixed for making said applica- tion, and the said application may be made on the day named, or any day of the same term by the permission of said court. The said corporate authorities and the said County Treasurer, or other general officer of said county, to whom said delinquent list shall have been returned, shall respectively report to said court the respective lots, blocks and parcels of Jaiid upon which said assessment has been paid to theiu resi>ectively, after the return of said delinquent lists as aforesaid. And thereupon such proceedings, orders and judgments shall be had, as nearly as may be, as in cases of delin- quent lands whereof judgment is prayed for the non- payment of State and county taxes; and the said judg- ments shall be conclusive of the regularity of all mat- ters necessary to the validity thereof, excepting the giving of said notice of the application for judgment. After said notice for application for judgment shall have been published, the cost of publication shall be added to the assessment, as in the case of State and county taxes. After judgment shall have been ren- dered, the same shall be executed in the same manner, as nearly as may be, as is or may be provided by law for executing judgments for State and county taxes; b\it no judgment or sale of any lot, block or parcel of land so assessed for any one installment of said assessment, shall discharge the premises from any subsequent in- stallment of the assessment, and proceedings for the non-payment of subsequent installments may be had in the same manner as if no default had been made in previous ones. All moneys collected by said treasurer 82 STATUTES. or other general officer of said county, and all moneys realized from the sales of saidjands upon judgments as aforesaid, shall at ouce be paid over to said corpor- ate authorities, who shall execute a proper receipt therefor. The said County Treasurer or other general officer shall not be entitled to any compensation for receiving and disbursing of moneys by him under this act, or for services rendered by him as herein required, except the salary allowed him by law. Any and all moneys collected and obtained upon or out of said as- sessments, may be api^lied by the said corporate au- thorities to and for any of the uses and purposes named or intended by the act or acts under which they are organized. And if the proceeds of said assessment shall amount to a greater sum than the cost of the lands, expenses and cost of assessment and collection as afore- said, the overplus shall be applied by said corporate au- thorities toward making the improvement which they are authorized to make: Provided, that such excess shall not exceed the sum of twenty-five thousand dol- lars. If it exceeds that sum, then and in that case it shall be refunded pro rata to the parties paying such assessment. Any and all such corporate authorities as aforesaid may avail themselves of the provisions and privileges of this act, notwithstanding any provisions in the several acts creating them. Sec. 4. Altering location or boundaries — Dam- ages. Corporate authorities of towns having the con- trol or supervision of any public park, boulevard, drive- way or highway, which has been located in pursuance of a vote of the people of such towns, desiring to alter or change the location of the same, or of any part thereof, or of any of the boundary lines of the same, may, by pe- COMPLETION AND MANAGEMENT. 83 titioiijin writing, apply to the Ciiciiit Court of the county in which such towns are situated, for leave to make such alteration or change. Notice of such application shall be given by said corporate authorities in some newspaper published in said county, at least ten days before the da}^ named therein, when said application will be made, all persons interested may appear before said Circuit Court, either in person or by attorney, when said application shall be made, and object to the grant- ing thereof. After hearing all persons interested, if said court shall deem the granting of said application to be for the public interest, it shall make an order granting to said corporate authorities leave to make such alteration or change, or such part thereof, as it ma}' deem for tlie public good, and granting power to acquire by purchase or under any law of the State for acquiring lands for public use, such additional lands as such change or alteration may, in the judgment of said court, render necessaiy; and if by reason of an}^ such change or alteration, any parcel of laud shall no longer be deemed necessary or useful for the purpose of said park, boulevard, driveway or highway, the said court may direct the same to be sold and conveyed for the use of said park upon such terms and conditions as it may think proper. Damages sustained by any per- son injuriously affected by reason of any such change or alteration, shall be ascertained and paid in the same manner as in other cases of the exercise of the right of eminent domain. The said corporate authorities shall make, acknowledge and file for record in the office of the recorder of deeds for such county a map showing any change or alteration made under au,y order of court, as aforesaid; Trovided, that no application shall be 84 STATUTES. made under or by virtue of this section after the first day of July, A. D. one thousand eight hundred and sev- enty-two, nor shall any change be made affecting the general location of any such park after said date. Sec. 5. Application of surplus funds.— Report. When any town, towns or corporation is subject to taxation or special assessment for the improvement of any park or parks, approached or connected by boule- vard or boulevards, the money so raised by taxation or special assessment remaining unexpended after de- fraying the expense for improving the boulevard or boulevards (the money so raised by taxation or special assessment remaining unexpended after defraying the expense for improving the boulevard or boulevards) to said park or parks, shall be expended upon the parks (if more than one) in said town, towns or corporation, pro rata, according to the number of acres in each, un- less already sufficiently improved, and it is hereby made the duty of the Board of Commissioners of any park or parks to cause the money to be so expended. The Commissioners having in charge the maintenance and improvement of any public park, or parks, boule- vard, driveway, highway or other public improvement under or by virtue of this act, shall, on the first day of December, A. D. one thousand eight hundred and sev- enty-one, and annually thereafter, submit to the Board of County Commissioners or Board of Supervisors in the county in which the same may be located, a written or printed report of all their acts and doings in relation to the parks and other improvements under their su- IDei'vision or control. Sec. 6. All laws and acts inconsistent with this act are hereby repealed. COMPLETION AND MANAGEMENT. 85 NOTE. In the case of Dunham vs. People ex rel., 96 111., 331, it was held that the people, by voting for the park act in 1809, made the South Park Commissioners corporate authorities for the towns of South Chicago, Hyde Park and Lake for the purpose of assessing and collecting the requisite tax upon the property within the towns, and that, therefore, the South Park Commissioners, un- der the law of 1871, were to be recognized as the proper corporate authorities of these three towns for the pur- pose of levying a special assessment to lay out the park system as a local improvement, and that the South Park Commissioners were proper corporate authorities of the three towns named, Avithin the meaning of the constitution authorizing corporate authorities of cities, towns, etc., to do certain acts, but not naming "Park Commissioners" in terms. In the case of the People, ex rel., vs. Brislin, 80 111., 42.3, it was held that the act approved June 16, 1871, authorizing the Park Commissioners to issue bonds in renewal of bonds theretofore issued by them, and to provide for the payment of the same, and make, revise and collect a special assessment on contiguous property for benefits, by reason of the location of parks, boule- vards, etc., and making changes in the manner of the special assessment was valid, although not submitted to a vote of the people. The Court said: "The park district, when established in pursuance of the act creat- ing it, became a muncipality for certain purposes, and as such, came within the domain of legislation. "The powers of the corporate authorities of this municipality are subservient to the legislative power, precisely as in the case of other municipalities, and are no't interfered with by the present State constitution." * * * "We think it is a fair deduction from all the constitutional pro- 86 STATUTES. visions, and, from the very nature of our government, changes de- manded bj' the exigency of the times, in regard to municipal cor- porations, are within the domain of ordinary legislation." In the case of West Chicago Park Commissioners vs. the City of Chicago, 152 111., 392, the Court modified its former opinions and held that the various boards of Park Commissioners were municipal corporations and not quasi municipal corporations, and that as such mu- nicipal corporations, they have full and complete power within their jurisdiction for park purposes, which pow- er is exclusive. The Court said, in discussing the ques- tion (page 406): "It follows that the power of the park board over all these parks, boulevards and streets, for the purposes prescribed by these statutes, is plenary, while that of the city is wholly excluded. And this ex- clusion, so far as it relates to any power on the part of the city to govern, manage, control or interfere with these parks, boulevards and streets as such, is as complete as it would have been if the parks, boulevards and streets had been wholly withdrawn from the terri- torial limits of the city. Indeed, the legal effect of the various park acts would seem to be to take them out of the territorial jurisdiction of the city, so that, so far as the power of the city in relation to them is concerned, the corporate organization of the city is prac- tically dissolved." * * * "We do not intend to intimate that, in the exercise of other municipal powers and functions, the city is excluded from jurisdic- tion over the park property, but only that, so far as relates to the laying out, improvement, management and control of the parks, the jurisdiction of the park board is excliisive. For all the purposes, then, of laying out, improving and maintaining parks, boulevards, streets and like public grounds, the city and the Park Commission- ers occupy the legal position of two independent and co-equal muni- cipalities, each vested with exclusive jurisdiction over the public grounds committed to its care, as trustee for the public. Neither can encroach upon the territorial jurisdiction of the other, but they stand, so far as these public grounds are concerned, in substantially the same legal relation to each other as though their territorial limits embraced adjoining but wholly separate areas. So far, then, as relates to all questions of street improvements, the West Chicago parks and boulevards are no more to be considered as a part of the City of Chicago than they would be if they were situated within the adjoining city of Evanston." DRIVES TO PARKS. 87 DRIVES TO PUBLIC PARKS. AN ACT TO ENABLE PARK COMMISSIONERS AND CORPORATE AUTHORITIES TO TAKE, REGULATE, CONTROL, AND IM- PROVE PUBLIC STREETS LEADING TO PUBLIC PARKS, TO PAY FOR THE IMPROVEMENT THEREOF, AND IN THAT BEHALF TO MAKE AND COLLECT A SPECIAL ASSESSMENT OR SPECIAL TAX ON CONTIGUOUS PROPERTY. [AP- PROVED AND IN FORCE APRIL 9, 1879.] Section 1. Power to take streets — Consents. That eveiy Board of Park Commissioners sliall have power to connect any public park, boulevard or drive- way under its control with any paii; of any incorporated city, town or village, by selecting and taking any con- necting street or streets, or parts thereof, leading to such park: Provided, that the street so selected and taken, so far as taken, shall be Avithin the district or teiTitory the property of which shall be taxable for the maintenance of such park. And, provided further, that the consent of the corporate authorities having control of anj' such street or streets so far as taken, and also the consent in writing of the owners of a majority of the frontage of the lots and lands abutting on such street or streets so far as taken, shall be first obtained. And, provided further, that such connection or improve- ment shall embrace only such street or streets as are necessaiy to form one continuous improvement. Sec. 2. Assessment for improvement. That such Board of Park Commissioners or such corporate au- thorities as are by law authorized to levy taxes or as- sessments for the maintenance of such parks, shall have power to improve such street or streets as they may deem best, and for that purj)ose they are hereby author- 88 STATUTES. ized to pay for the improvement thereof, and from time to time to levy or cause to be levied and collected a special tax or assessment on contiguous property abut- ting upon such streets so improved, for a sum of money not exceeding the estimated cost of such first improve- ment or improvements as shall be ordered and esti- mated by such Board of Park Commissioners, but not for any subsequent repairs thereof, and to that end such board or corporate authorities shall have all the power and authority now or hereafter granted to them respectively relative to the lev\^, assessment and collec- tion of taxes or assessments for corporate purposes. And such special taxes or assessments as are hereby authorized may be divided into not exceeding four an- nual installments, bearing interest at the rate of 6 per cent, per annum from the date of confirmation until paid. And the said assessments or installments there- of shall be collected and enforced in the same manner as is provided by law for the collection and enforcement of other taxes or assessments, for or on account of such corporate bodies or boards, so far as the same are ap- plicable. Sec. 3. Power of commissioners. Such Park Boards shall have the same power and control over the parts of streets taken under this act as are or may be by the law vested in them of and concerning the parks, boulevards or driveways under their control. Sec. 4. Reversion to corporate authorities— When. In case any such streets or parts thereof shall pass from the control of any such Park Board, the power and authority over the same, granted or author- ized by this act, shall revert to the proper corporate DRIVES TO PARKS. 89 authorities of such city, town or village respectively as aforesaid. Sec. 5. Municipalities may confer control. Any city, town or village in this State shall have full power and authority to invest any of such Park Boards with the right to control, improve and maintain any of the streets of such city, town or village for the purpose of canning out the provisions of this act. Sec. 6. Emergency. Whereas, there is a necessity for the immediate construction of the improvement contemplated in this act, therefore an emergency ex- ists, and this act shall take effect and be in force from and after its passage. (For Supreme Court decisions see post, page 05.) AN ACT TO AMEND SECTION TWO (2) OF AN ACT ENTITLED, "AN ACT TO ENABLE PARK COMMISSIONERS OR CORPO- RATE AUTHORITIES TO TAKE, REGULATE, CONTROL AND IMPROVE PUBLIC STREETS LEADING TO PUBLIC PARKS, TO PAY FOR THE IMPROVEMENT THEREOF, AND IN THAT BEHALF TO MAKE AND COLLECT SPECIAL ASSESSMENT OR SPECIAL TAX ON CONTIGUOUS PROPERTY," APPROVED AND IN FORCE APRIL 9, 1879, AS APPROVED [AMENDED] JUNE 27, 1885. [APPROVED JUNE 16, 1887. IN FORCE JULY 1, 1887.] Section 1. Assessment. That section two (2) of an act entitled "An Act to enable Park Commissioners or corporate authorities to take, regulate, control and im- prove public streets leading to public parks, to pay for the improvement thereof, and in that behalf to make and collect a special assessment or special tax on con- tiguous property," approved and in force April 9, 1879, as approved [amended] June 27, 1885, be and the same is hereby amended so as to read as follows: 90 STATUTES. Sec. 2. That such Park Commissioners or such cor- porate authorities as are by la,w authorized to levy taxes or assessments for the maintenance of such parks shall have power to imiDrove, maintain and repair such street or streets in such manner as they may deem best, and for that purpose they are hereby authorized to pay for the improvement thereof, and from time to time to leYj or cause to be levied and collected a special tax or assessment on contiguous property abutting upon such street so improved for a sum of money not ex- ceeding the estimated cost of such first improvement or improvements as shall be ordered and estimated by such Board of Park Commissioners, but not for any sub- sequent care, maintenance or repair thereof; and to that end such board or corporate authorities shall have power and authority now or hereafter granted to them respective!}^, relative to the levy, assessment and collec- tion of taxes or assessments for corporate purposes. And such special tax or assessments as are hereb}^ au- thorized may be divided into not exceeding four annual installments, bearing interest at the rate of six per cent, per annum from the date of confirmation until paid; and the assessment or installments thereof shall be collected and enforced in the same manner as is pro- vided by law for the collection and enforcement of other taxes or assessments for, or on account of, such corpor- ate bodies or boards as aforesaid, so far as the same are applicable. DRIVES TO PARKS. 91 AN ACT TO AMEND SECTION ONE (1) OF AN ACT ENTITLED "AN ACT TO ENABLE PARK COMMISSIONERS OR CORPO- RATE AUTHORITIES TO TAKE, REGULATE, CONTROL AND IMPROVE PUBLIC STREETS LEADING TO PUBLIC PARKS, TO PAY FOR THE IMPROVEMENT THEREOF, AND IN THAT BEHALF TO MAKE AND COLLECT A SPECIAL ASSESSMENT OR SPECIAL TAX ON CONTIGUOUS PROPERTY," APPROVED AND IN FORCE APRIL 9, 1879, AS AMENDED BY AN ACT APPROVED JUNE 27, 1885, AND IN FORCE JULY 1, 1885. [APPROVED JUNE 17, 1895. IN FORCE JULY 1, 1895.] Section 1. Power to take streets— Consents. That section one (1) of an act entitled "An Act to enable Park Commissioners or corporate authorities to take, regulate, control and improve public streets leading to public parks, to pay for the improvement thereof, and in that behalf to make and collect a special assessment or special tax on contiguous property," approved and in force April 9, 1879, as amended by an act approved June 27, 18S5, and in force July 1, 1885, be and the same is hereby amended so as to read as follows: Sec. 1. That every board of Park Commissioners shall have power to connect any public park, boule- vard or driveway under its control with any part of unj incorporated city, town or village, by selecting and taking any connecting street or streets or part thereof leading to such park; and shall also have power to ac- cept and add to any such park any street or part thereof which adjoins and runs parallel with any boundary line of the same. Provided, that the streets so selected and taken so far as taken shall lie within the district or territory, the property of which shall be taxable for the maintenance of such parks. And, provided further, that the consent of the corporate authorities having control of any such street or streets so far as selected and taken, and also the consent in writing of the own- 92 STATUTES. ers of a majority of the frontage of tlie lots and lands abutting on such street or streets so far as taken shall be first obtained. And, provided further, that every Board of Park Commissioners who shall have exercised the power hereinabove granted to select and take streets, or parts of streets, for the purpose of connect- ing any public park, boulevard or driveway under its control with any part of any incorporated city, town or village, shall have the power to abandon and surrender over any street, or part of any street, forming the whole or any part of such connection so made, to the proper corporate authorities of the city, village, or toAvn re- spectively to which the control of any such street or part of a street so abandoned would revert, and for the purpose of connecting the same points or of making any portion of such connection, to select and take in place of any streets, street or part of a street so surren- dered, any other and different streets, street or part of a street, which may be desirable and expedient for mak- ing the said connection; but such power shall only be exercised upon the consent first obtained of the proper corporate authorities to whom the control of the streets, street or parts of a street, so far as abandoned would revert, and of the proper corporate authorities having control of the streets, street or part of a street, so far as proposed to be taken, and upon the consent in writ- ing first obtained of the owners of a majority of the frontage of the lots and lands abutting on the streets, street or part of a street, so far as abandoned, and upon the consent in writing first obtained of the owners of a majority of the frontage of the lots and lands abutting , on the streets, street or part of a street, so far as pro- posed to be taken. DRIVES TO PARKS. 93 AN ACT TO ENABLE PARK COMMISSIONERS OR PARK AUTHORITIES TO TAKE, REGULATE, CONTROL AND IM- PROVE PUBLIC STREETS, AND TO PAY FOR THE IMPROVE- MENT THEREOF. [APPROVED JUNE 21, 1895. IN FORCE JULY 1, 1895.] Section 1. Streets taken by Park Commissioners, etc. That every Board of Park Commissioners or park authorities shall have power to connect any public park, boulevard or driveway under its control with any part of any incorporated city, town or village (?) by se- leetin.c: and taking any connecting street or streets, or parts thereof, leading to such park, boulevard or drive- way, and shall also have power to accept and add to any parks or park under their control any street or parts thereof which adjoins or runs parallel with any boun- dary line of the same. I'rovided, that the streets so se- lected and taken, so far as taken, shall lie Avithin the district or territory, the property of which shall be tax- able for the maintenance of such parks, boulevard or driveway. And, provided further^ that the consent of the corporate authorities having control of any such street or streets so far as selected and taken, and also the consent in w^riting of the owners of a majority of the frontage of the lots and lands abutting on such streets, so far as taken, shall be first obtained. Sec. 2. Special taxes— special assessments. That such Board of Park Commissioners or park authorities shall have power to improve such street or streets, or parts thereof, in such manner as they may deem best and as they have or may hereafter have power to im- prove other streets under their control, and for that purpose they are hereby authorized to pay for the im- provement thereof by levying, assessing and collecting 94 STATUTES. a special tax on contiguous property abutting on said street or streets, or parts thereof, so improved, or a spe- cial assessment on property benefited, in the manner in which said Board of Park Commissioners or park au- thorities are now or may be hereafter empowered by law to levy, assess and collect special taxes on contigu- ous j)roperty or special assessments for benefits in other cases, or to pay therefor by general taxation, or both; but no such special tax or special assessment shall be levied for the maintenance and repair of such improved street; but the same shall be maintained and repaired by said park boards or park authorities, as in other cases. And such special taxes or special assessments as are herebj^ authorized may be divided into not ex- ceeding four annual installments, bearing six per cent, per annum interest from the date of confirmation there- of by the court until paid, and the same shall be col- lected and enforced in the same manner as is or may hereafter be provided by law for the collection and en- forcement of other special taxes or special assessments, for or on account of said Park Commissioners or park authorities, so far as the same is applicable. Sec. 3. Control by Park Commissioners. Such park boards or park authorities shall have the same power and control over the streets or part of streets so selected and taken, under this act as are now or may be hereafter vested in them, over and concerning parks, boulevards or driveways or other streets. Sec. 4. Reversion. In case any such streets or parks thereof shall pass from the control of any such Park Commissioners or park authorities, the power and authority over the same, granted or authorized by this DRIVES TO PARKS. 95 act, shall revert to the proper corporate authorities of such city, town or village respectively, as aforesaid. Sec. 5. Municipality may vest control in Park Commissioners. Any incorporated city, town or vil- lage in this State shall have full power and authority to invest any of such Park Commissioners or park au- thorities with the right to control, improve and main- tain any of the streets of such city, town oi' village, for the purpose of carrying out the provisions of this act. Sec. G. Streets already taken included. The pro- visions of this act, so far as the same applies to improv- ing, maintaining and repairing any street or streets, or parts thereof, and of the levy, assessment and collec- tion of special taxes and special assessments, shall ap- ply to any street or streets, or parts thereof, that have been heretofore selected and taken under the control of any Park Commissioners or park authorities, and to any such street or streets, or parts thereof, which, or por- tions of which, have not yet been improved by such Park Commissioners or park authorities. NOTE. In the case of Kreigh vs. City of Chicago, 86 111., 407, it was held that, under the law as it stood previous to the act of 1879, the City Council of Chicago had no author- ity to turn over a street to be improved, controlled and managed by the Park Commissioners, and that such an ordinance passed, though it might be a license protect- ing the Commissioners from prosecution for interfering with said street, it would not divest the city of its pow- ers of the street. In the case of the People ex rel. vs. .Tolni M. W;ilsli, 00 96 STATUTES. 111., 232, there was involved the legality of the proceed- ings by which Michigan Aveni\e, from Jackson Street to Thirty-fifth Street, and Thirty-fifth Street from Mich- igan Avenue to Grand Boulevard, were turned over by the City of Chicago and selected and taken by the South Park Commissioners as and for a boulevard. The pro- ceeding was by quo warranto. The action of turning over the two streets to the South Park Commissioners was under the act of the Legislature of 1879. No ques- tion was raised in the proceeding as to the sufficiency of the consents by the owners of the abutting property. The question raised was whether it was competent for the General Assembly to transfer the control of the streets of a city to Park Commissioners, to be by them controlled for boulevard and driveway puriDoses. The City Council of Chicago had passed an ordinance on June 23, 1879, authorizing the South Park Commis- sioners to take, regulate, control and improve the be- fore described parts of Michigan Avenue and Thirty- fifth Street, respectively, in manner and form provided in said act of 1879. And the South Park Commission- ers^ by resolution passed on July 15, 1879, did thereby select and take said parts of said streets. The resolution and the ordinance of the City Council is set out in full in the report of the case in the Supreme Court. The case went to the Supreme Court upon the de- murrer to the plea filed by the South Park Commis- sioners as individuals, the demurrer being overruled, and the relator electing to stand by the demurrer. In the plea of the defendants it was distinctly averred and set up that they "have claimed, and do yet claim to "have, use and enjoy control, authority and jurisdiction "over said parts of Michigan Avenue and Thirty-fifth DRIVES TO PARKS. 97 "Street, as they well might and still may, for the pub- "lic purposes and uses for which said parts of said "streets were dedicated and conveyed, and under the au- "thority conferred and the duties imposed upon them "by law." The Court said: "Manifestly, so long as the streets are to be kept and used for the usual and ordinary uses and purposes of streets, there could be found no constitutional objection to legislation of this character. But the claim here is, tnat there will be a use of the streets for boulevard and driveway purposes, which will be in violation ot rights guaranteed by the constitution, because it will exclude the usual and ordinary uses to which streets are applied. No such use is specifically charged in the information or admitted in the plea, and such a use is not an indispensable condition to the jurisdiction of the Park Commissioners over these streets. Will it not be quite time enough to complain of acts in excess of lawful authority when the right to practice them is avowed?" * * * "We are unable to see that the use of the streets in question for the usual purposes of streets, must necessarily be inconsistent with their improvement and use for boulevard and driveway purposes. We can not say, as matter of law, that authority to take and use streets for these purposes implies, necessarily, authority to ex- clude the usual and ordinary uses of streets.'' But the Court went still further, and held that even if the turning over of such streets to the South Park Commissioners should change the use of the streets, still that it was within the authority of the Legislature to confer such right. Though, if a change of use thus made damaged a private individual owning property upon the street, he would be entitled, under the present constitution, to sue for and recover his damages. The Court stated that it would not assume that the Park Commissioners would undertake to divest private rights and appropriate them to public use without mak- ing compensation or proceeding to condemn under the eminent domain act. 98 STATUTES. "Upon the whole, we think the judgment below to be right. The mere fact that the Park Commissioners may claim the right to do some act prejudicial to the interest of individuals, furnishes no reason why they may not, as affects the public, do those acts which are clearly sanctioned by law. "As respects any excess of authority, the action of the Commis- sioners may be controlled by injunction; and they may be held in- dividually responsible in actions by those who are pecuniarily injured; and in proper cases, they may be liable to criminal prose- cutions." In the above case, People ex rel. vs. Walsh, 96 111., 232, there was a reservation in the ordinance passed by the City Council of the City of Chicago, as follows : "PROVIDED, ihowever, that nothing in this ordinance contained shall be construed as a waiver or relinquishment by or on the part of said city, of any of its rights or powers in relation to the laying of water or gas mains and pipes, and the building aaid repairing of sewers, in said streets, and the regulating of openings for the same; all powers which said city now has in relation to water and gas pipes and sewers, and their connections and the regulation of the same, and the openings for the same, in streets and alleys of said city, being hereby expressly reserved as to the said part of Michigan Avenue and Thirty-fifth Street in as ample a manner as if the aforesaid consent was not given." It was claimed in opposition to the legalit}^ of the or- dinance that under the act of 1879, if control was turned over to the South Park Commissioners that it was an absolute control in order to the complete execution of the powers of the Commissioners, and that such control was inconsistent with a partial control retained by the city. Counsel for the People said : "The question here is, has the council assented. It had the grant of powers so to do, but might or not, as it should choose; it was under no moral or legal obligation. The whole ordinance read together shows that it did not assent in the manner contemplated or authorized." In answer to this argument, the Supreme Court said: "It is not attempted to be shown why an absolute control is necessary in order to the execution of the powers of the Commis- DRIVES TO PARKS. 99 sioners. It is asserted that this necessity is inconsistent with a partial control by the city, and if the necessity be conceded, the conclusion would clearly be correct. But why may not the main objects and purposes of the grant to the Park Commissioners be entirely consistent with the exercise of the reserved powers in the city?" * ♦ * "The act of April 9, 1879, does not make it obligatory upon the city to confer control over the streets upon the Park Commissioners. It only enables them to do so or not as they shall choose. The corporate authorities having control of any such streets, must first give their consent. They are at liberty to entirely withhold it, or grant it only subject to conditions. If the Park Commissioners ac- cept it with conditions, the performance of the conditions then be- comes obligatory. "There is no more apparent repugnancy between the grant and the reservation here than there is between a lease of lands for farm- ing purposes and the reservation of the right to take timber or gravel, etc., from the land, or to travel across it, or use water from springs there on, or to excavate and mine for coal or other minerals beneath its surface. "The grant is merely charged with the burden of the reservation. The rights of each may be enjoyed without necessary conflict." In the case of Thorn vs. West Chicago Park Commis- sioners, 130 111., 594, the West Chicago Park Commis- sioners had selected and taken, under the act of 1.S71), as amended by the acts of 1885 and 1887, fjortions of Twelfth Street and Ogden Avenne for the jinrpose of constructing a continnons boulevard leading into Doug- las Park. No question was raised but that the proper consent had been granted by the corporate authorities of the City of Chicago. The Park Commissioners levied a special assessment for the improvement of the streets in question as a boulevard. Upon application for con- firmation of such special assessnn'ut, objection was made that the Park Commissioners had not acquired jurisdiction over the streets. And the Court said (page 604): "The controversy here relates to the third condition — the consent of the owners of a majority of the abutting frontage. Such consent of the owners of more than one-half of the frontage upon the por- 100 STATUTES. tions of the streets proposed to be converted into a boulevard con- necting the park with the city, lay at the foundation of the right of the Park Commissioners to assume control of the streets. The ex- istence of the fact was necessary to the jurisdiction of the Park Com- missioners, and the burthen was upon them to establish, prima facie at least, the jurisdictional facts authorizing them to take these streets for the purpose of constiiicting a boulevard appurtenant to the park, and connecting the same with the city." On the hearing, in order to show such consent of the owners, the Commissioners produced a paper i^urport- ing to be a. petition to the board by, and the consent of, abutting property owners. It was sliown that such pa- per came from the files kept b}' the Board of Commis- sioners and was the written consent acted upon by the board in taking the streets for tlie purpose contem- j)lated. The trial court held that the production and putting in evidence of the petition or consent paper made a prima facie case for the Commissioners, and put the burthen upon the objectors to sliow that it was not the written consent of the propertj- owners, as it purported to be. The Court said: "We can not concur in the holding of the trial court. As we have seen, the burthen was upon the Park Commissioners to show, aifirni- atively, the jurisdictional fact of consent by the owners of the re- quired amount of frontage. The evidence in respect thereof was, we think, wholly insufllcient. "Waiving the matter of proving owner- ship by the persons purporting to sign the paper admitted in evi- dence, it is not shown that a sufficient number of such persons signed the consent to constitute consent by the owners of a majority of the abutting property. The only person introduced who' testified generally to the execution of the writing testifies that ihe procured the signatures of most of the signers, but not all, and he does not testify, except in a few instances, either as to those he did or did not procure. There are many signatures to the writing purporting to be the consent of owners of abutting property, either of whom pur- port to sign for a sufficient number of feet frontage to reduce the amount to less than the required number of feet. We cannot tell from the evidence contained in this record w^hether these persons executed this instrument or not. The writing here offered is not DRIVES TO PARKS. 101 signed by the objectors, and we are aware of no rule by which it was admissible in evidence against them, without proof of its execution. "But if it could be conceded that the evidence was sufficient to show the signing of the parties purporting to execute the writing, the names of persons purporting to sign as owners, representing over 1300 feet of this frontage, were apparently placed there by some other person. There was no competent evidence tending to show authority of the persons executing, or purporting to execute, the consent for or on behalf of such owners. The execution or signing of the name of the owner by one without authority would not be binding upon the owner, and would not constitute consent, within the meaning of the statute. The burthen was upon the Commission- ers to show consent of the required number of owners, and to do this, in this case, it was necessary to show that authority to execute the consent was given by the owner on whose behalf it purported to be executed. Henderson vs. Mayor of Baltimore, 8 Md., 352. "Nor is the consent at all aided by the fact that the Park Com- missioners acted upon the paper introduced in evidence, or by the consent of the City of Chicago that the parts of the streets named might be taken by the Commissioners for a boulevard. The action of the city is wholly independent of that of the property owners. And while the Park Commissioners must, in the first instance, pass upon the fact of consent by the owners of abutting property, and determine for themselves whether those owning a majority of such property have consented to their appropriation of the street for the purposes contemplated by the act, such determination can have no effect when tlheir jurisdiction is challenged in endeavoring to carry out the powers conferred by the statute. The power conferred upon the park board affects and impairs the right of the citizen, and may (and in the case of the minority of holders of abutting property does) incumber his property without his consent, and may arbitrarily im- pose onerous burdens for which there is no relief or redress. The legislature has interposed the safeguard of requiring the consent of the owners of more than one-half of the property to be affected, upon the presumption, no doubt, that what will be of benefit to the grea er portion will not unduly prejudice the lesser part; and when the Commissioners sought confirmation of their assessment upon ap- pellants' property, under the power conferred by the statute, it was incumbent upon them to show compliance with the law, by which alone they obtained jurisdiction to impose the burden. This they have not done. Rex vs. Mayor of Liverpool, 4 Burr., 244; Smith vs. City of Madison, 7 Ind., 8G; Clark vs. Washington, 12 Wheat., 40, and supra.'' 102 STATUTES. TRANSFER OF PARKS TO COMMISSIONERS. AN ACT ENTITLED "AN ACT TO ENABLE PARK COMMISSION- ERS HAVING CONTROL OF PARKS TO TAKE, REGULATE, CONTROL AND IMPROVE PARKS NOW UNDER THE CON- TROL OF INCORPORATED CITIES, VILLAGES OR TOWNS. [APPROVED AND IN FORCE APRIL 11, 1885.] Section 1. Transfer authorized.— Consents. That every Board of Public Park Coininissioners shall have the power to take under its control, and to regulate, con- trol and govern, in the same manner as it may govern other parks or boulevards under its control, any public park now under the control or jurisdiction of any in- corporated cit}', town or village: Provided, that the park so taken shall lie within the district or territory, the property of which shall be taxable for the mainte- nance of the parks or boulevards under the control of any such Board of Park Commissioners : And, provided further, that the consent of the authorities of any city, town or village having control of the park so to be taken, and also the consent, in writing, of the owners of a majority of the frontage of the lots and lands abut- ting on the park so to be taken, shall be first obtained. Sec. 2. Power of Park Commissioners. Sucli Boards of Park Commissioners shall have the same power and control over the parks taken under this act as are, or may be by law vested in them, of and con- cerning the parks, boulevards or driveways now under their control. Sec. 3. Reversion to corporate authorities. In case any such parks so to be taken shall pass from the control of any such park board, the power and author- ity over the same, granted or authorized by this act, BOULEVARDS OF UNIFORM WIDTH. 103 shall revert to the proper authorities of such city, town or village, as the case may be, as aforesaid. Sec. ^. Power of city or village. Any city, towu or village iu this State shall have full jjower aud author- ity to vest any such Board of Public Park Commission- ers with the right to control, improve aud nmintain any such park within the district over which such Board of Park Commissioners has jurisdiction for the purposes of carrying out the provisions of this act, iu accordance with its intent. Sec. 5. Emergency. Whereas, public policy re- quires that, so far as practicable, there should be, with- in the jurisdiction of such park boards, but a single au- thorit}' over the parks lying within such districts re- spectively; therefore, an emergency exists for the pas- sage of this act, and the same shall take effect and be in force from and after its passage. CONDEMNATION TO MAKE BOULEVARDS OF UNIFORM WIDTH. AN ACT TO ENABLE PARK COMMISSIONERS TO CONDEMN LAND IN CERTAIN CASES FOR THE PURPOSE OF MAKING STREETS SELECTED AND TAKEN FOR BOULEVARDS OF UNIFORM WIDTH, AND TO PROVIDE FOR THE PAYMENT OF THE SAME. [APPROVED JUNE 14, 1887. IN FORCE JULY 1, 1887.] Section 1. Power conferred. That in all cases where any Board of Park Couiuiissiouers has selected and taken any street or i)art tliercof under the provi- sions of an Act of the General Assembly entitled "An Act to enable Park Commissionei*s or corporate author- ities to take, regulate, control aud improve public 104 STATUTES. streets leading to public parks, to pay for the improve- ment thereof, and in that behalf, to make and collect a special assessment or special tax on contiguous prop- erty," and any part or portion of said street so selected and taken has not been legally laid out or dedicated to the uniform width of one hundred feet, the said Board of Park Commissioners shall have the power to widen said street or the part of said street so selected and taken to the uniform width of one hundred feet: Pro- vided, that some portion of each mile of said street, or the part thereof so selected and taken, shall be of the width of one hundred feet at the time of such selection and taking. Sec. 2. Condemnation. Such Park Commissioners are hereby vested with power to take and acquire title to such pieces or parcels of land as may be necessary for such widening, and may proceed to procure the con- demnation of the same in the manner prescribed in the Act of the General Assembly entitled "An Act to pro- vide for the exercise of the right of eminent domain." Approved April 10, 1872; the provisions of which said act are hereby extended to said Park Commissioners. Sec. 3. Assessment. Such Park Commissioners are hereby authorized to lev^^, or cause to be levied and collected, a special assessment or special tax upon the contiguous property abutting on said street or part thereof so selected and taken for the purpose of raising the amount necessary to pay the compensation and damages for the said land necessary to be taken for such widening, with the costs of the proceedings; and to that end they shall have all the power and authority now or hereafter granted to them relative to the levy, IMPROVEMENT AND MAINTENANCE. 105 assessment and collection of taxes or assessments for corporate purposes. \ IMPKOVEMENT AND MAINTENANCE OF PAKKS. AN ACT TO ENABLE PARK COMMISSIONERS TO IMPROVE, GOVERN AND MAINTAIN THE PARKS AND BOULEVARDS UNDER THEIR CONTROL. [APPROVED JUNE 26, 1885. IN FORCE JULY 1, 1885.] Section 1. Park tax. That every Board of Park Commissioners having a bonded indebtedness incurred by vii-tne of the laws of this State which is unable, after payinjifthe interest and yearly maturing- bonds, to prop- erly improve, mmissioners that the amount men- tioned in such certificate, not exceeding the amount aforesaid, is necessary for the proper improvement, government and maintenance of the park property un- der its control, assess the same upon the taxable prop- erty embraced in said park district, tlie same as other park taxes are by law assessed, and the same shall be collected and paid over the same as other park taxes are now required by law to be collected and paid. 106 STATUTES. AN ACT TO ENABLE PARK COMMISSIONERS TO MAINTAIN AND GOVERN PARKS AND BOULEVARDS UNDER THEIR CONTROL. [APPROVED JUNE 17,' 1893. IN FORCE JULY 1, 1893.] Section 1. Park tax. That in any town wliic-li is now included within the limits of any city in this State, in which a Board of Park Commissioners shall now exist, having authority by law to acquire land and the appurtenances in trust for the inhabitants of such town, and of the division or part of such town and for such parties or persons as may succeed to tlie rights of such inhabitants, and for the public, as public promenades and pleasure gTounds and ways, and for no other use or purpose, without the consent of a majority by frontage of the owners of the property fronting the same, and without the power to sell, alienate, mortgage or in- cumber the same, the corporate authorities of any such town, authorized by law to assess taxes for park pur- poses, shall, upon the receipt of a certificate in writing from any such Board of Park Commissioners, on or be- fore the first day of August in each year, levy and as- sess, in addition to all other taxes now authorized by law to be levied and assessed for the purpose of govern- ing and maintaining any such parks and boulevards, one mill on each dollar of taxable property in said town and within the park district, subject to taxation for park and boulevard purposes^ according to the valua- tion of the same, as made for the purpose of State and county taxation; and such additional one mill on the dollar of the taxable property in said town and park district shall be used and exix^nded by such Board of Park Commissioners in governing and maintaining any parks, boulevards or pleasureways under the jurisdic- tion, management and control of any such Board of IMPROVEMENT AND MAINTENANCE. 107 Park Commissioners, and for pacing any other neces- sary and incidental expenses incurred in and about the management of any such i)arks and boulevards, and such additional one mill shall, by the officer authorized by law to assess and collect taxes for park purposes, be collected and paid over, the same as other park taxes are now re(]uired by law to be collected and paid over. AN ACT TO ENABLE PARK COMMISSIONERS TO MAINTAIN AND GOVERN PARKS AND BOULEVARDS UNDER THEIR CONTROL. [APPROVED JUNE 17, 1895. IN FORCE JULY 1, 1895.] Section 1. Park tax. That in any town which is now included within the limits of any city in this State, in which a. Board of Park Commissioners shall now exist, havino authority by law to acquire land and the appurtenances in trust for the inhabitants of such town, and for such parties or i>ers()ns as nuiy succeed to the rights of such inhabitants, and for the public as public promenades and pleasure grounds and ways, and for no other use or purpose without the consent of a majority by frontage of the owners of the property fronting the same, and without the power to sell, alienate, uu>rtgage or incumber the same, the corj^orate authorities of any such town, authorized by law to assess taxes for park purposes, shall, upon the receipt of a certificate in writ- ing from any such Board of Park Commissioners, on or before the first day of August in each year, levy and assess, in addition to all other taxes now authorized by law, to be levied and assessed for the pur])ose of govern- ing and maintaining any such parks and boulevards, two mills on each dollar of the taxable property in said town and within the park district, subject to taxation for park and boulevard purposes, according to the valu- 108 STATUTES. ation of the same, as made for the purpose of State and county taxation; and such additional two mills on the dollar of taxable property in said town and park dis- trict shall be used and expended by sucli Board of Park Commissioners in governing: and maintaining any parks, boulevards or pleasureways under the jurisdic- tion, management and control of any such Board of Park Commissioners, and for paying any other neces- sary incidental expenses incurred in and about the man- agement of any such parks and boulevards, and such additional two mills shall, by the officer authorized by law to assess and collect taxes for park purposes, be collected and paid over the same as other park taxes are now required by law to be collected and paid over. SALE OF LANDS NOT NEEDED. AN ACT TO ENABLE PARK COMMISSIONERS TO SELT- LAND NO LONGER NEEDED FOR PARK PURPOSES. [APPROVED JUNE 16, 1887. IN FORCE JULY 1, 1887.] Section 1. Any Board of Park Commissioners liav- ing the control or supervision of any public park, boule- vard, driveway or highway, and having any piece or parcel of land not exceeding one acre in area which shall no longer be needed or deemed necessary or use- ful for the pui'pose of said park, boulevard, driveway or highway, may apply to the Circuit Court of the county in which such piece or parcel of land is situated, by pe- tition in writing, for leave to sell the same. Notice of such application shall be given by said Board of Park Commissioners in some newspaper published in said county at least ten days before the day named therein when said application will be made. All persons in- terested may appear before said Circuit Court, either COMMISSIONERS APPOINTED BY GOVERNOR. 109 in person or by attorney, when said application sliall be made, and object to the granting thereof. After hearing all persons interested, if said court shall deem the granting of said application to be for the public interest, it shall direct that the property mentioned in said application, or any part thereof, be sold and con- veyed by the said Board of Park Commissioners for the use of said park, boulevard,' driveway or highway, upon such terms and conditions as tlie said court may think proper. APPOINTMENT OF COMMISSIONERS BY GOVERNOR. AN ACT TO PROHIBIT THE APPOINTMENT OF PARK COM- MISSIONERS BY JUDGES OF THE CIRCUIT COURT AND TO PROVIDE FOR THEIR APPOINTMENT BY THE GOVERNOR OF THE STATE. [APPROVED MAY 30, 1881. IN FORCE JULY 1, 1881.] Section 1. Judges not to appoint Commissioners. Tliat hereafter it shall not be lawful for an^- judge or judges of any Circuit Court in this State to appoint any Park Commissioner or fill any vacancy in anj' sucli of- fice of Park Commissioner. Sec. 2. Governor to appoint. The Governor of the State of Illinoi.s shall apijoint all Park Commissioners hereafter to be appointed under and by virtue of any act or acts providing for the location and maintenance of any i^ublic park or parks (not under the control of any city, village or other municipal corporation), and shall fill all vacancies which may hereafter occur in any such office of Park Commissioner or Board of Park C>)mmissioners by like appointment, anything in any such act or acts to the contrai*y notwithstanding. 110 STATUTES. Sec. 3. How vacancy certified. Whenever any vacancy or vacancies shall occur in any such Board of Park Commissioners it shall be the duty of the remain- ing member or members of such board to certify the fact of such vacancy or vacancies to the Governor of the State of Illinois. NOTE. In the case of Cornell vs. The People ex rel., 107 111., 372, it was held, that, while the people of the towns of South Chicago, Hyde Park and Lake, having, by vote, accepted the provisions of the South Park act and there- by made the Board of South Park Commissioners a municipal corporation in ^^■hich the Legislature might vest power to assess and collect taxes within the park district for the special corporate purposes of its crea- tion, and while, as a general proposition, the Legisla- ture has the power to control municipal bodies which it has created, and may, as a general rule, alter or amend the act of incorporation at pleasure, and may enlarge or diminish the corporate powers of the South Park Commissioners, still it must also be held that the "cor- porate authorities" intended by the constitution upon whom the power of taxation may be conferred, are such municipal officers as may have been elected direct- ly by the people or appointed in some mode to which the people of a given district have, by vote, given their assent, and that, therefore, the Legislature has no au- thority to change the method of appointing the corpor- ate authorities of the South Park district, who are the South Park Commissioners. The original method of appointment having been provided in the charter and accepted by vote of the people, no such change could be EXTENSION OF DRIVEWAYS ON LAKE SHORE. Ill made except by being assented to by a vote of the people. The act of the Legislature, therefore, providing that the South Park Ooniniissiouers shoukl be appointed by the Governor of the State instead of circuit judges of Cook County was held unconstitutional and void. And in The People ex rel. vs. Morgan, 90 111., 558, it was held that the Circuit Court judges were properly exercising a legal authority in appointing the South Park Commissioners. EXTENSION OF DRIVEWAYS ON LAKE SHORE. AN ACT TO ENABLE PARK COMMISSIONERS HAVING CON- TROL OF ANY BOULEVARD OR DRIVEWAY BORDERING UPON ANY PUBLIC WATERS IN THIS STATE TO EXTEND THE SAME. [APPROVED JUNE 4, 1889. IN FORCE JULY 1, 1889.] Section 1. Extension of boulevard or driveway— Not to interfere with navigation. That every board of Park Commissioners, existing under the laws of this State, that now has, or may hereafter have, control over any boulevard or driveway connecting with any public park under the control of such board, and bordering upon any public waters in this state, shall have power, subject to the limitations in this act contained, to ex- tend such boulevard or driveway, of the width of not mon^ than two hundred feet over and upon the bed of such i)ublic waters: Provided, however, that no such boulevard or driveway shall be extended, under the pro- visions of this act, in such a manner as to interfere with the navigation of such public waters for the purposes of commerce; and that the lands adjacent to such pub- lic waters and connected with tlie termini of such 112 STATUTES. boulevard or driveway as extended under the provis- ions of this act, shall lie within the district or territory, the property of which shall be taxable for the main- tenance of the parks under the control of such board. Sec. 2. Plans, consent to be obtained, riparian rights. Whenever an^^ such board of Park Commis- sioners shall determine to extend any such boulevard or driveway under this act, said board shall prepare a plan of such proposed extension, and make an estimate of the cost thereof, and shall obtain the consent in writ- ing of the owners of at least two-thirds of the frontage of all of the lands not appropriated to or held for public use abutting on such public waters in front of which it is proposed to extend such boulevard or driveway for the making of such extension, and shall also obtain the consent of the supervisor and assessor, corporate au- thorities of the town or towns in which the lands abut- ting on such public waters in front of such proposed extension may lie, to the making of such extension. The riparian or other rights of the owners of lands on the shore adjoining the waters in which it is proposed to construct such extension, the said board of Park Com- missioners may acquire by contract with or deeds from any such owner; and in case of inability to agree with any such owner, proceedings may be had to condemn such rights according to the provisions of article nine of an act entitled "An act to provide for the incorpora- tion of cities and villages," approved April 10, 1872, and the amendments thereof. Sec. 3. Powers of board, submerged lands. Upon complying with section two of this act, said board shall have power to contract in writing with any person or EXTENSION OP DRIVEWAYS ON LAKE SHORE. 113 persons for the construction of such extension of such boulevard or driveway, according to such plan, and under the supervision of said board, and in all cases where an}^ boulevard or driveway is extended under the provisions hereof, the submerged lands lying between the shore of such public waters and the inner line of the extension of such boulevard or driveway shall be ap- propriated by the board of Park Commissioners to the purpose of defraying the cost of such extension, and to that end such board of Park Commissioners are au- thorized to sell and convey such submerged lands in fee simple by deeds duly executed on its behalf by its president and under its corporate seal, and eveiy deed executed in pursuance hereof shall vest a good title in the grantee to the premises intended to be conveyed thereby. Sec. 4. Title and control. Upon the completion of any such extension of such boulevard or driveway, the title thereto, and to the bed thereof, shall be vested in such board of Park Commissioners for the purpose of a boulevard or driveway, and shall become a part of the public park or parks under the control of such board, and shall thencefor-th be maintained and controlled by such board in the manner provided by law for the gov- ernment and maintenance of other boulevards and driveways under its control. Sec. 5. Termini of streets, construction of act. In case any public streets shall extend to the shore line of said public waters in front of which extension of such boulevard or driveway shall be constructed under this act, and such streets, if extended, would cross such ex- tension, such streets (unless the municipality in control 114 STATUTES. thereof shall otherwise direct) shall extend to the in- side line of such extension of said boulevard or drive- way. Nothing in this act shall be construed to repeal section twenty of an act entitled "An act in regard to the completion of public parks and the management thereof," approved June 16, 1871, and amendments thereto heretofore mada, or which may be hereafter made, unless expressly so declared. LOGAN* MONUMENT. AN ACT TO APPROPRIATE FIFTY THOUSAND DOLLARS ($50,- 000) TO ERECT A MONUMENT TO JOHN A. LOGAN AND FOR THE APPOINTMENT OF COMMISSIONERS THEREFOR. [AP- PROVED FEBRUARY 10, 1887. IN FORCE JULY 1, 1887.] Section 1. Commissioners. Be it enacted by the People of the State of Illinois, represented in the Gen- eral Assembly, That Henry W. Blodgett, William C. Goudy, Robert T. Lincoln, John M. Palmer, Milton Hay, Richard S. Tuthill, William H. Harper, Melville W. Fuller, John R. Walsh, Oliver A. Harker, William S. Morris and George W^. Smith, be, and they are here- by, constituted commissioners to erect a monument in honor of John A. Logan, deceased, at such point in the City of Chicago, or elsewhere in the State of Illinois, as may be selected by his widow, and they are hereby authorized and empowered to receive proposals and to contract for the completion of such monument, and to receive subscriptions therefor: Provided, that such commissioners shall not obligate the State of Illinois to exceed the sum named in section three of this act. Sec. 2. Compensation. Such Commissioners shall receive no compensation for their services. LOGAN MONUMENT. 115 Sec. 3. Appropriation. For the purpose of de- fraying; the cost of such luoiiuinciit, beyoud such amounts as ma}" be received by yoluntary contribu- tions, the sum of fifty thousand dolhirs (|50,000) is hereby appropriated out of the State Ti'easury, and the Auditor of Public Accounts is liereby authorized to draw his warrant on the State Treasury for such amount, out of the moneys in the treasury not other- wise appropriated, upon the certificate of a majority of such Commissioners from time to time during' the progress of the work. AN ACT TO AMEND SECTION 1, TO ADD SECTION 4, AND TO AMEND THE TITLE OF AN ACT ENTITLED "AN ACT TO APPROPRIATE FIFTY THOUSAND DOLLARS ($50,000) TO ERECT A MONUMENT TO JOHN A. LOGAN, AND FOR THE APPOINTMENT OF COMMISSIONERS THEREFOR,'' AP- PROVED FEBRUARY 10, 1887, AND TO ADD THE EMERG- ENCY CLAUSE TO SAID ACT AS SECTION 4. [APPROVED AND IN FORCE MAY 31, 1887.] Section 1. Commissioners. Be it enacted by tlie People of the State of Illinois, represented in the (ien- eral Assembly, That section 1 of an act entitled "An Act to appropriate fifty thousand dollars (|50,000) to erect a monument to John A. Logan and for the ap- pointment of commissioners therefor," approved Feb- ruary' 10, 1887, be and the same is hereby amended, so as to read as follows: "Section 1. Re it enacted by the People of the State of Illinois, represented in the (Jeneral Assembly, That Henry W. Blodgett, William (\ (loudy, Kobert T. Lin- coln, John M. Palmer, Milton Hay, Richard S, Tuthill, William H. Harper, Melville W. Fuller, John K. Walsh, Oliver A. Harker, William S. Morris and Oeorge W. Smith, be, and they are hereby constituted commis- 116 STATUTES. sioners to erect a moiinmeut in lionor of John A. Logan, deceased, at such point in tlie City of Chicago, or else- where in the State of Illinois, as may be selected by his widow, and they are hereby authorized and empowered to receive proposals and to contract for the completion of such monument, and to receive subscriptions there- for: Provided, That such Commissioners shall not obli- gate the State of Illinois to exceed the sum named in section three of this act: and provided, further. That if the place selected by the widow of said John A. Lo- gan for the site of such monument shall be located in or upon any public park or boulevard under the govern- ment and control of any board of park commissioners, such board of park commissioners shall be, and they are hereby authorized, empowered and directed to al- low such monument to be placed upon the site so se- lected b}' said widow, and to provide that such monu- ment shall be made the permanent resting place of the remains of said John A. Logan, and of his said widow after her death." Sec. 2. Emergency added. That said act named in the caption hereto be, and the same is hereby fur- ther amended, by adding the emergency clause thereto as section 4, so as to read as follows: "Sec. 4. Whereas, An emergency exists, this act shall take effect and be in force from and after its passage." Sec. 3. Amends title. That the title of said act be so amended as to read as follows: "An Act to appropriate fifty thousand dollars (-150,000) to erect a monument to John A. Logan, for the appointment of commissioners therefor, and to provide for the location WORLD'S COLUMBIAN EXPOSITION. 117 of the same in or upon a public park or boulevard un- der the government and control of a board of park com- missioners, and to provide for makino- the same the l)ernianent resting place of the said John A. Logan and of his widow after her decease." ' Sec. 4. Emergency. Whereas, An emergency ex- ists, this act shall take effect and be in force from and after its passage. WOKLD'S COLUMBIAN EXrOSlTlOX. AN ACT IN RELATION TO THE "WORLDS COLUMBIAN EX- POSITION." [APPROVED AND IN FORCE AUGUST 5, 1890.] Whereas, The Congress of the United States has passed an Act entitled "An Act to provide for the cele- brating the four hundredth anniversary of the discov- eiy of America, by Christopher Columbus, by holding an international exhibition of art, industries, manu- factures, and the product of the mine and soil, in the City of Chicago, in the State of Illinois;" approved April 25, 1890, and Whereas, The people of the State of Illinois appre- ciate the honor conferred upon their State by the loca- tion of said international exhibition, now known as the "World's Columbian Exposition," within its limits, mu<1 are in syni]>athy with the objects and }>nr])oses of said exposition, and desirous of contributing to the success thereof by the adoption of legislation ancillary to the saise«sor, for the purpose of State, County and Municipal taxaticjn, in a separate column on said assessment rolls or books, lieaded "Special Tax for Boulevard Maintenance;" and when such tax shall be so extended and set down in the appropriate column therefor by the Town Assessor of any such town, such special tax shall become a spe- cific lien against each separate piece and parcel of land against whicli the same is levied, and shall be payable to, and collectible by, and in the same manner and by the same officers as are by law required to collect and enfoi'ce the payment of State and County taxes. FIELD MUSEUM. AN ACT CONCERNING MUSEUMS IN PUBLIC PARKS. [AP- PROVED JUNE 17, 1893. IN FORCE JULY 1, 1893.] Section 1. Museums in public parks— Their erec- tion and use. That the coi-porate authorities of cities and park districts having the control or supervision of any public park are hereby authorized to purchase or erect and maintain within such public park, edifices to be used as museums for the collection and display of objects ]»eitaiiiing to natural history and the arts an. Estimate of cost. The said park commis- sioners or park authorities shall make an estimate of the cost of the improvement contemplated by such or- dinance, including labor, materials and all other ex- Ijenses attending the same, and the cost of making and 128 STATUTES. levying the said assessment, and shall enter a report thereof upon their records. Sec. 7. Order for proceedings in court. Upon such ordinance being passed, and said report made and recorded as aforesaid, said park commissioners or park authorities may order a petition to be filed by its secre- tary, or such other officer as it may direct, in the County Court of their county, for proceedings to assess the costs of such improvements in the manner provided herein. Sec. 8. Petition. Said petition shall be in the name of said park commissioners or park authorities and shall recite the ordinance for the proposed im- provement, and such report of estimate of the cost thereof, and shall pray that the cost of such improve- ment shall be assessed in the manner i^rovided by la^^-. Sec. 9. Assessment. Upon the filing of such peti- tion, it shall be the duty of said commissioners or park authorities to estimate what proportion of the total cost of said improvement will be of benefit to the public and what proportion thereof will be of benefit to the property to be benefited, and apportion the same be- tween the district subject to the maintenance of the park or parks under the control of said commissioners or park authorities, so that each shall bear its relative, equitable proi)ortion; and having found said amounts, to apportion and assess the amount so found to be of benefit to the property upon the several lots, blocks, tracts and parcels of land in the proportion in which they will be severally benefited by such improvement: Provided, No lot, block, tract or parcel of land shall be IMPROVEMENT BY SPECIAT. ASSESSMENT. 129 assessed a greater amount than it will be actually beiie- tited. Sec. 10. Assessment roll. The said coiuniission- ers or j)ark authorities shall also make or cause to be made an assessment roll, in which shall a])])(^ar the names of the owners, so far as known, a (h'scri])tion of each lot, bhxk, tract or ])arcel of land, and the amount assessed as special b<^netits thereto, and in which they shall set down as against the said park district the amount they shall have found as public benefit, and they shall certify such assc^ssment r(dl to the said c(nirt at least ten days before the tirst day of the term at which a final hearing thereon shall be had. Sec. 11. City special assessment law applicable. Tlie remainder of the lu'oceedings in respect to such special assessment shall be in accordance with Article IX of the act of the General Assembly entit led "An Act to provide for the incorporation of cities and villages," ap])roved April 10, 1872, and all acts amendatory there- of, so far as the same may be ai)])licable; and all acts ]>rovi(hMl ther3in to be performed by the city or village shall be ])erformed by the said ])ark cr)mniissioners or park authorities, and all acts ])rovided therein to be ])erforme(l by commissioners to be appointed by the coni-t shall also be performed by said park commis- sioners or park authorities; and wliere it is therein provided that the city council or the board of trustees, in case of a village, shall be named in any of said pro- ce(Mlings or notices or records relating f hereto, the said ])ark commissioners or park authorities shall be named inst(Nid; and like notices of said proceedings sluill be given and published by said park commissioners as is therein ])rovided, and an affidavit of one or more of said 130 • STATUTES. park commissioners or park authorities of the giving of notices, and a certificate of p^ublication of notice be filed as provided therein, and tlie same time shall be allowed for the filing of objections to the confirmation on the part of parties interested. Sec. 12. Hearing. In such proceedings the court shall have the same powers and authority as is i)ro- vided in said Article IX for proceedings thereunder, and the hearing of the application for the confirmation of said assessment shall be had in the same manner, and appeals from any judgment entered thereon shall be taken to the same court and in the same manner as provided therein. Sec. 13. Roll and judgment — How certified. The said assessment roll and judgment thereon shall be certified to the officer of said park commissioners or i)ark authorities authorized to collect said special assessment in the same manner as is provided in said Article IX; and a like notice shall be given by said collector, and said special assessment shall be collected in the same manner as provided therein, and a like re- port of delinquent list made to the general officer of the County authorized to collect State and County taxes, made up in the same manner as provided therein. Sec. 14. Application for judgment— What laws govern. Said general officer shall proceed to obtain judgment for said delinquent special assessment in the same manner and within and at the same time as is provided in said Article IX, and shall be governed by the same laws in respect thereto as is provided for therein. IMPROVEMENT BY SPECIAL ASSESSMENT. 131 Sec. 15. Sales. Sales of property for impaid de- linquent special assessments shall be made in the same manner as provided by said Article IX, and redemp- tion from said sales shall be made in the same manner and npon the same terms and payment of the same rates as are applicable to sales therein provided for; and officers respectively making collections of said special assessment, and making sales thereunder, shall be subject to the same rules, regulations, be entitled to the same compensation and subject to the same penal- ties as is provided for In said Article IX. Sec. 16. Park Commissioners may buy in. Park Commissioners or park authorities interested in the collection of any tax or assessment, may become a pur- chaser at any sale of real or personal property to en- force the collection of the same, and may, by ordinance, authorize and make it the duty of one or more officers, to be designated by them, to attend such sales and bid thereat in behalf of said park commissioners or park authorities. Sec. 17. Supplemental assessments. New spe- cial assessments and supplemental special assessments may be levied and assessed in all cases where the same are or may be authorized in said Article IX, and the same shall be levied, assessed and collected as is above pro- vided in cases of original special assessments, and all the provisioning of said Article IX for said new as- sessments, and supplemental assessments, shall apply to such proceedings to be taken hereunder. Sec. 18. Contracts. All the provisions of said Article IX in resi)ect to contracts for making any such improvement, and for the letting of such contracts, and in respect to the lien of said special assessments and 132 STATUTES. as to the collection by suit of said special assessments, the dividing the same into insttillments, and interest thereon, and the collection thereof, the payments there- on, the notice thereof, the confirmation thereof and the payment of work done for such improyement, vouchers therefor and rights of all parties thereunder, the disposition of surplus moneys arising from such special assessments, and the payments for compensa- tion in condemnation proceedings and advancements to pay for private property taken or damaged from the general fund of such city or village, shall each and all be applicable to such proceedings taken by said park commissioners or j)ai'k authorities. - Sec. 19. Condemnation proceedings— Special as- sessment. Wherever any such park commissioners or park authorities shall be vested with power to take or damage private property for any purpose whatever, and shall apply to any court for the purpose of making just compensation therefor, they may file in the same proceedings a supplemental petition praying for a spe- cial assessment for the iiurpose of raising the amount necessary to pay the compensation and damages which may be or shall have been awarded for the property taken or damaged, with the costs of the proceedings; and thereupon the court shall have power to, and shall proceed as in other cases of special assessment provided for in said Article IX, and herein: Provided, that all the provisions of said article in reference to the payment for lands to be taken or damaged, and the hearing by the court in respect to said payment, and in respect to ordering writs of possession or in dismissing such condemnation proceedings, shall be applicable in such case. IMPROVEMENT BY SPECIAL ASSESSMENT. 133 Sec. 20. New assessments. Where in auy case such park board or park authorities having authority to improve any street or streets, or parts thereof, and to pay for the improvement thereof by special assess- ment, and said improvement shall have been made or partly completed and a special assessment levied there- for shall have been set aside by a court of competent jurisdiction, or the provision in any ordinance for the payment for said improvement by special assessment shall have failed or been declared void by any court of competent jurisdiction, then, and in any such case, the said park commissioners or park authorities are hereby vested with power to lew, assess and collect a new spe- cial assessment on property benefited by said improve- ment or completed portion thereof, in the same manner as in other cases, and the lots, blocks, tracts or parcels of land found benefited by said improvement or the completed portion thereof, shall each severally be lia- ble to pay for said benefits to the same extent and in the same proportion as in other cases: Provided, that the provisions and all proceedings in respect to such new assessments shall relate to and bo in force in all cases in which at the time of the passage of this act work has been completed or partially completed under au}^ special assessment proceedings or attempted spe- cial assessment proceedings heretofore levied, or col- lected, or attempted to be levied and collected by any such board of park commissioners or park ajithorities; And, provided further, that such new assessments in such cases shall be levied within seven years from the da\Misliii» lliirly- eight (38) north, range fourteen (14); thence west through the center of said section twenty-four (24) to Ilyde Park avenue; thence north on the east line of 136 LANDS. Hyde Park avenue to the north line of Sixtieth street, so called; thence west on the north line of Sixtieth street, so called, to Kankakee avenue; thence north on the east line of Kankakee avenue to Fifty-first street; thence east to a point to the place of beginning. Also a piece of land commencing- at the nor-theast corner of Kankakee avenue and Fifty-fifth street, run- ning thence west, a striij two hundred feet wide, south of and adjoining the north line of said Fifty-fifth street, along said Fifty-fifth street to the line between ranges thirteen (13) and fourteen (14) east; thence north, east of and adjoining said line a strip two hun- dred (200) feet wide to the Illinois & Michigan Canal; Also a parcel of land beginning at the southwest cor- ner of Douglas Place and Kankakee avenue, running thence south a strip of land 132 feet wide, along the west side of said Kankakee avenue, to a point 150 feet south of the south line of Fifty-first street; Also a strip of land commencing at the intersection of Cottage Grove avenue and Fifty-first street, running thence east 100 feet in width on each side of center line of Fifty-first street, to a point 100 feet east of the center line of Drexel avenue; Also a strip of land extending north from the inter- section of Fifty-first street with Drexel avenue, 100 feet in width, on each side of the center line of said avenue to the north line of Forty-third street; thence northerly, a strip of land 200 feet in width, till it meets or intersects with Elm street, in Cleaverville ; thence northerly along said Elm street, 200 feet in width, west from the east line of said street to its intersection with Oakland avenue; said lands situate in and being a part of sections two (2), three (3), six (6), seven (7), eleven LANDS. 137 (11), fourteeu (14), sixteen (16), seventeen (17) and eighteen (18), the southeast quarter of section (10) and all of fractional section thirteen (13), except the north twenty-four 63-100 acres, the northeast quarter of sec- tion fifteen (15); the north half of section twenty- four (21), in township thirty-eight north, range four- teen east, and parts of sections thirty-one (31) and thirty-four (31), in township thirty-nine (39) north, range fourteen (14) east. ALTERATION IN BOUNDARY LINES. RESOLUTION PASSED MAY 8th, 1872. Whereas, in the opinion of this Board, it is desirable to make certain alterations or changes in the location and boundary lines of the park laid out and established under the provisions of the Act of the General As- sembly of this State, approved February 24th, 1869, entitled "An Act to provide for the location and main- tenance of a park for the Towns of South Chicago, Hyde Park and Lake," and the Act amendatory of and sup- plementary to the first mentioned Act, which altera- tion and changes are severally as follows: First. An alteration or change in the boundary lines of all that portion of said park lying west of a line 466 7-10 feet east of and parallel to the range line be- tween ranges 13 and 14 east of the third principal meri- dian. Instead of the lines heretofore established, the boundary' lines of all that portion of the said park lying west of the Hue above indicated, shall be as follows: Commencing at a point on the north line of Fifty-fifth street 466 7-10 feet east of the range line between ranges 13 and 14 aforesaid, running thence north on a line parallel to said range line 366 7-10 feet; running thence 138 LANDS. west on a line parallel to the north line of Fifty-fifth street, 366 7-10 feet; running thence north on a line east of and parallel to the aforesaid range line and 100 feet distant therefrom, to the south line of Egan ave- nue; running thence west along the south line of Egan avenue and the same line extended west 200 feet; run- ning thence south on a line west of and parallel to the aforesaid range line and 100 feet distant therefrom, to a point 366 7-10 feet north of the north line of Fifty- fifth street extended; running thence west on a line parallel to the north line of Fifty-fifth street extended 366 7-10 feet; running thence south on a line parallel to the aforesaid range line 933 4-10 feet; running thence east on a line parallel to the north line of Fiftj-fifth street extended 933 4-10 feet ; running thence north on a line parallel to the aforesaid range line 566 7-10 feet to the place of beginning. Second. In addition to the land now embraced with- in the park limits in the south half of section 34, town- ship 39 north of range 14, east of the third principal meridian, and in section 3 and the north half of section 10, township 38, north of range 14, east of the third principal meridian, there shall be annexed to and in- cluded within the boundaries of the said park, all that portion of Kankakee avenue, now or lately so called, which lies between the south line of Douglas Place and the south line of Fifty-first street; and also all that portion of lots nine (9), ten (10), and eleven (11), in La- vinia's Subdivision of the south half of the south half of the northeast quarter of section ten (10), towushi]) 38 north, range 14 east of the third primnpal meridian, lying west of a line drawn across said lots parallel to the east line of said Kankakee avenue and one hundred ALTERATION IN BOUNDARY LINES. 139 and fifty feet east of and distant therefrom; and also all that portion of Fifty-first street lying south of and adjoining- said last described parcel of gronnd. Third: In addition to the lands now embraced with- in the park limits lying sonth of Fifty-sixth street and east of the Illinois Central Railroad, there shall be an- nexed to and included within the boundaries of the said park a strip of ground extending east from the east line of the Illinois Central Railroad Company's "right of wa}^" fifty feet in width on each side of the center line of Fifty-seventh street to the east line of Hyde Park avenue. Fourth. In addition to the lands now embraced within the park limits, lying at or near the intersection of Cottage Grove avenue with Fifty-first street, there shall be annexed to and included within the boundaries of the said park, the north half of block nine (0) in Drex- el and Smith's subdivisicm of the west half of the north- west quarter and the west half of the Avest half of the southwest quarter of section eleven (11), township 38 north of range 14 east of the third principal meridan. Fifth. There shall also be annexed and included within the boundaries of the said j)ark a strip of land fifty (50) feet in width on each side of a line commenc- ing at the intersection of the east line of Kankakee avenue, now or lately so called, with the center line of Oakwood avenue in the Town of Hyde Park, running thence easterly along the center line of said Oakwood aA'enue, as the same is laid out, to a point directly op- posite the southeast corner of lot eleven (11) in block one (1) in Cleavorville addition, and running thence due east to Cottage fJrove avenue; also all that part of lot one (1) in block four (4) in Oleaverville addition lying 140 LANDS. north of the strip of land above described; also all that portion of said Oak wood avenue lying between Cottage Grove avenne and Kankakee avenue aforesaid. Therefore, be it Resolved, That an application be made by petition to the "Circuit Court of Cook County" pursuant to the provisions of the statute in such case made and provided for an order granting leave to the said board of South Park Commissioners to make the several alterations and changes in the location and boundary lines of the said park which are above speci- fied, and empowering the said board to acquire by pur- chase or condemnation such additional lands as the sev- eral alterations and changes aforesaid shall render necessary. And it is hereby directed that the attorneys of the board cause said application to be made imme- diately and due notice tliereof to be published accord- ing to law. 'to ORDER IN THE CIRCUIT COURT. ENTERED OP RECORD ON MAY 20, 1872. APPLICATION OP THE SOUTH PARK COMMISSIONERS POR LEAVE TO MAKE CERTAIN ALTERATIONS OR CHANGES IN THE LOCATION AND BOUNDARY LINES OP THE SOUTH PARK. : And now on this twentieth day of May, A. D. 1872, being the first day of the May term of the said Circuit Court, come the Board of South Park Commissioners, a body politic and corporate, duly organized under the laws of the State of Illinois, having control and super- vision of the public park located and established in the towns of South Chicago, Hyde Park and Lake, in said County of Cook, pursuant to the provisions of the Act of the General Assembly of the State of Illinois, ap- ALTERATION IN BOUNDARY LINES. 141 proved February 24tli, A. D. 18G9, entitled "An Act to provide for the location and maintenance of a park for tli'e towns of South Chicago, Hyde Park and Lake," and the Act approved April ICth, 18G9, amendatory of and supplementary to the first mentioned Act, and also in pursuance of a vote of the people of said towns of South Chicago, Hyde Park and Lake, at an election duly and lawfully held in each of said towns on the fourth Tuesday of March, A. D. 18G9, at which election a majority of the legal voters of each of said towns voted in favor of the said park and of the ratifi- cation and adoption of the Act of the General Assembly first above mentioned: and present to the said court their petition in writing, therein and thereby praying that an order may be made by the said Circuit Court granting leave to said South Park Commissioners to make certain alterations or changes in the location and boundary lines of the said park, which alterations and changes are therein particularly set forth and are sev- erally as follows: First. An alteration or change in the location and boundary lines of all that portion of the said park lying- west of a line 4GG 7-10 feet east of and parallel to the range line between ranges 13 and 14 east of the third principal meridian. Instead of the lines heretofore es- tablished, the boundary lines of all that portion of the said park lying west of the line above indicated, shall be as follows: Commencing at a point on the north line of Fifty-fifth street 4G6 7-10 feet east of the range line between ranges 13 and 14 aforesaid, running thence north, on a line parallel to the said range line, 366 7-10 feet, running thence west, on a line parallel to the north line of Fifty-fifth street, 366 7-10 feet; running thence 142 LANDS. uortli, on a line east of and parallel to the aforesaid range line and 100 feet distant therefrom, to the sonth line of Egan avenue; running thence west, along the south line of Egan avenue and the same line extended west, 200 feet; running thence south, on a line west of and parallel to the aforesaid range line, and 100 feet distant therefrom, to a point 3GG 7-10 feet north of the north line of Fifty-fifth street extended; running thence west, on a line parallel to the north line of Fifty-fifth street extended, 300 7-10 feet; running thence south, on a line parallel to the aforesaid range line, 933 4-10 feet; running thence east, on a line parallel to the north line of Fifty-fifth street extended, 933 4-10 feet; running thence north, on a line parallel to the aforesaid range line, 560 7-10 feet to the place of beginning. Second. In addition to the lands now embraced within the park limits lying in the south half of sec- tion 34, township 39 north of range 14 east of the third principal meridian and in section 3, and the north half of section 10, township 38 north of range 14 east of the third principal meridian, there shall be annexed to and included within the boundaries of said park, all that portion of Kankakee avenue, now or lately so-called, which lies between the south line of Douglas Place and the south line of Fifty-first street, and also all that por- tion of lots nine (9), ten (10), and eleven (11), in Lavinia's subdivision of the south half of the south half of the northeast quarter of section 10, township 38 north of range fourteen east of the third principal meridian, lying west of a line drawn across said lots, parallel to the east line of said Kankakee avenue and also all that portion of Fifty-first street lying south of and adjoining- said last described parcel of ground. ALTERATION IN BOUNDARY LINES. 143 Third. In addition to the lands now embraced within the park limits sonth of Fift3'-sixth street and east of the Illinois Central Eailroad, there shall be annexed to and included within the boundaries of the said park, a strip of ground extending east from the east line of the Illinois Central Railroad Companj's "right of way" 50 feet in width on each side of the center line of Fift}'^- seventh street to the east line of Hyde Park avenue. Fourth. In addition to the lands now embraced within the park limits lying at or near the intersection of Cottage Grove avenue with Fifty-first street there shall be annexed to and included within the boundaries of the said park, the north half of block nine (9) in Drexel and Smith's subdivision of the west half of the northwest quarter and the west half of the west half of the southwest quarter of section 11, township 38 north of range 14 east of the third principal meridian. Fifth. There shall also be annexed to and included within the boundaries of the said park a strip of land 50 feet in width on each side of a line commencing at the intersection of the east line of Kankakee avenue, now or lately so-called, with the center line of Oakwood ave- nue, in the town of Hyde Park, running thence easter- ly along the center line of said Oakwood avenue, as the same is now laid out, to a point directly opposite to the southeast corner of lot eleven in block one in Cleaverville addition and running thence due east to Cottage Grove avenue; also all that part of lot one in block four in Cleaverville addition l3'iug north of the strip of land above described and also all that portion of said Oakwood avenue l^'ing between Cottage Grove and Kankakee avenue aforesaid. And it appearing to the court that due and legal no- 144 LANDS. tice of the said application has been given by the said South Park Commissioners by publication in the Chicago Eyening Journal, a newspaper of general circulation published in the City of Chicago in said County of Cook, according to the pro- visions of the statute in such case made and provided, and the court having duly considered the said petition, and carefully examined and investigated the several alterations and changes in the location and boundary lines of the said park specified and prayed for in the said petition; and after hearing all persons inter- ested who appeared having come to the conclusion that the several alterations or changes in the location and boundary line of the said park above specified and set forth would be for the public interest, It is therewpon considered^ and ordered by said Courts no persons ap- pearing to object thereto, that leave be and the same is hereby granted to the said South Park Commission- ers to make the several alterations or changes in the location and boundary lines of the said park prayed for in the said petition and hereinbefore par-ticularly speci- fied and set forth. And it is further considered and ordered hy the Court that full power and authority be, and the same is here- by granted to the said South Park Commissioners to acquire by purchase, or by condemnation under any law of the state for acquiring lands for public use, all such additional land as shall be required to make and carry into effect the several alterations or changes aforesaid. ALTERATION IN BOUNDARY LINES. 145 CHANGES IN THE BOUNDARY LINES OF THE SOUTH PARKS. RESOLUTION OF SOUTH PARK COMMISSIONERS, PASSED JUNE 28, 1872. Resolvied, That the following alterations or changes in the location of the boundary lines of the South Park, authorized by the Circuit Court of Cook County, upon the petition of the South Park Commissioners presented to said court on the twentieth day of May, 1872, be and the same are hereby adopted, to-wit: First. In addition to the lands now embraced with- in the park limits lying in the south half of section 34, township 39 north, range 14, east of the third principal meridian, and in section 3, and the north half of section 10, township 38 north; range 14, east of the third princi- pal meridian, there shall be annexed to and included within the boundaries of the said park, all that portion of Kankakee avenue, now or lately so called, which lies between the south line of Douglas Place and the south Hue of Fifty-first street, and also all that portion of l(>ts nine (9), ten (10) and eleven (11), in Lavinia & Co.'s sub- division of the south half of the south half of the north- east quarter of section ten (10), township 38 north, range 14, east of the third principal meridian, lying west of a line drawn across said lots parallel to the east line of Kankakee avenue, and one hundred and fifty feet east of and distant therefrom; and, also, all that i)ortion of Fifty-first street, lying south of and adjoining said last described parcel of ground. Second. In addition to the lands now embraced within the park limits, lying south of Fifty-sixth street and east of the Illinois Central Kailroad, there shall be annexed to and embraced within the boundaries of said park, a strip of gi*ound extending east from the east 146 LANDS. line of the Illinois Central Kailroad Company's "right of way," 50 feet in width on eaoh side of the center line of Fifty-seventh street to the east line of Hyde Park avenue. Third. In addition to the lands now embraced within the park limits, lying at or near the intersection of Cot- tage Grove avenue with Fifty-first street, there shall be annexed to and included within the boundaries of the said park, the north half of block nine (9), in Drexel and Smith's subdivision of the west half of the northwest quarter, and the west half of the west half of the south- west quarter of section 11, township 38 north, range 14, east of the third principal meridian. Fourth. There shall be annexed to and included within the boundaries of the said park, a strip of land 50 feet in width on each side of a line commencing at the intersection of the east line of Kankakee avenue, now or lately so called, with the center line of Oakwood avenue, in the town of Hyde Park; running thence easterly along the center line of said Oakwood avenue, as the same is now laid out, to a point directly opposite to the southeast corner of lot eleven (11), in block one (1), in Cleaverville addition, and running thence due east to Cottage Grove avenue: also all that part of lot one (1), in block four (4), in Cleaveiwille addition, lying north of the strip of land above described: and also all that portion of said Oakwood avenue lying be- tween Cottage Grove avenue and Kankakee avenue, aforesaid, and be it further Resolved, that a map showing the aforesaid altera- tions or changes, be forthwith made, acknowledged and filed for record, in the office of the Recorder of Deeds of the County of Cook. MICHIGAN AVENUE. 147 MICHIGAN AVENUE AND THIRTY-FIFTH STREET BOULEVARDS. RESOLUTION OF THE SOUTH PARK COMMISSIONERS, PASSED JULY 15th, 1879. Resolved, that the Board of South Park Commission- ers do hereby select and take, in accordance with the act of the General Assembly of the State of Illinois, entitled, "An Act to enable Park Commissioners or corporate authorities to take, regulate, control and im- prove public streets leading to public parks; to pay for the improvement thereof, and in that behalf to make and collect a special assessment, or special tax on con- tiguous property," approved and in force April 9th, 1879; that part of Michigan avenue extending from the south line of Jackson streetto the south line of Thirty- fifth street, and that part of Tliirty-fifth street extend- ing from the east line of Michigan avenue to the east line of Grand boulevard, in the City of Chicago, County of Cook and State of Illinois, being parts of connecting streets leading to and connecting with the South Park, the consent of the corporate authorities of the City of Chicago having been obtained and the consent in writ- ing of the owners of a majority of the frontage of all lots and lands abutting on said streets as far as taken, having been obtained jis r(H]uired by said act. 148 LANDS. ;, ORDINANCE GIVING CONSENT TO THE SOUTH PARK COM- MISSIONERS, TO TAKE, REGULATE, CONTROL AND IM- PROVE MICHIGAN AVENUE FROM THE SOUTH LINE OF JACKSON STREET TO THE SOUTH LINE OF THIRTY-FIFTH STREET, AND THIRTY-FIFTH STREET FROM THE EAST LINE OF MICHIGAN AVENUE TO THE EAST LINE OF GRAND BOULEVARD. [PASSED AND IN FORCE JUNE 23, 1879.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That Whereas, the General Assembly has passed a certain act which Avas duly approved Apt'il 9, A. D. 1879, and which, with the title thereto, is in the words and figures following: (See Act of the General Assembly approved April 9th, A. D. 1879. And Whereas, the Board of South Park Commission- ers are about selecting and talving for the use and pur- pose in the said act mentioned that part of Michigan avenue extending from the south line of Jackson street to the south line of Thirty-fifth street, and that part of Thirty-fifth street extending from the east line of Mich- igan avenue to the east line of the Grand boulevard, and the consent in writing of the owners of a majority of the frontage of the lots and lands abutting on each of the said streets as far as taken or proposed to be taken by said board having been obtained, consent is hereby given and granted to the said Board of South Park Commissioners to take, regulate, control and im- prove the before described parts of Michigan avenue and Thirty-fifth street respectively, in manner and form provided in the said act of the General Assembl}^ And full power and authority is hereby granted to said Board of Park Commissioners to control, improve and main- tain the parts of said streets so to be taken as afore- said for the purpose of carrying out the provisions of MICHIGAN AVENUE. 149 the said act of the Geueral Assembly: riovidetl, liow- ever, that nothing in this ordinance contained shall be construed as a waiver or relinqnishment by or on the part of the said city of any of its rights or powers in relation to the laying of Avater and gas mains and pipes and the building and repairing of sewers, tun- nels and drains in said streets, and the regulating of openings for the same. All powers which said city now has in relation to water and gas mains, pipes and sewers and their connections and the regulation of the same, and the openings for the same in the streets and alleys of said city being hereby expressly reserved as to the said parts of Michigan avenue and Thirty-fifth street in as ample a manner as if the aforesaid consent were not given. Amendment, provided, that the esti- mated costs of said first improvement shall include a sum sufficient to lay a pavement of the best quality, stone curbing, a permanent sidewalk of uniform width, and such shade trees, shrubber}^, additional lamp posts, and other additions as may be deemed necessary to make the same in every respect a thoroughly finished boulevard. Sec. 2. Unless the said Board of Park Commission- ers shall within thirty days from the approval hereof, select and take the said parts of streets for the purposes aforesaid, this ordinance shall cease to be of any force or effect, and the consent given by section (1) aforesaid shall be deemed to be withdrawn. Sec. 3. This ordinance shall be in force from and after its passage. 150 LANDS. RESOLUTION OF THE SOUTH PARK COMMISSIONERS, PASSED DECEMBER 31, 1884, Eesolved, That this Board does now select and take that part of Michigan avenue lying between the sonth line of Thirty-fifth street and the north line of Fifty- fifth street for the purpose of making the same a boule- vard or driveway, in accordance with the laws of the State of Illinois and the ordinances of the City of Chi- cago and the Village of Hyde Park. ORDINANCE GIVING CONSENT TO THE BOARD OF SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, CONTROL AND IMPROVE MICHIGAN AVENUE FROM THE SOUTH LINE OF THIRTY-FIFTH STREET TO THE CENTER LINE OF THIRTY-NINTH STREET, PURSUANT TO THE ACT OF THE GENERAL ASSEMBLY PASSED APRIL 9th, A. D. 1879. [PASSED AND IN FORCE OCTOBER 17, 1884.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That Whereas the General Assembly has passed an act which was duly approved April 9, A. D. 1879, and which with the title thereto is in the- words and figures following: (See act of General Assembly approved April 9, 1879.) And Whereas, the Board of South Park Commission- ers are about selecting and taking for the uses and pur- poses in the said act mentioned, that part of Michigan avenue extending from the south line of Thirty-fifth street to the center line of Thirty-ninth street, in the City of Chicago, and a consent in writing of a majority of the frontage of the lots and lands abutting on said Michigan avenue so far as taken, or proposed to be taken by said board, having been obtained, and the Village of Hyde Park having given and granted con- MICHIGAN AVENUE. 151 sent to said Board of South Park Commissioners to take, regulate and control and improve that part of Michigan avenue extending from the center line of Thirt3'-niuth street to the north line of Fifty-fifth street or Garfield boulevard. Now, therefore, consent is hereby given and granted to this said Uoard of South Park( Commissioners to take, regulate, control and imi)rove the before described part of Michigan avenue, located between the south line of Thirty-fifth street and the center line of Thirty-ninth street, in the City of Chicago, in manner and fonn pro- vided in this said act of the General Assembly, for the purpose of c(muecting the Cit}^ of Chicago at the intersection of Michigan avenue and Thirtj'-fifth street with said Garfield boulevard. Provided, however, that nothing in this ordinance contained, shall be construed as a waiver or relinquish- ment by or on the part of said city of any of its rights or powers in relation to the laying of water pipes or gas mains and pipes and the building and repairing of sewers in said Michigan avenue, and tie regulating of openings for the same. All powers which said city now has in relation to water and gfis pipes and sewers and their connections, and the regulation of the same, and the openings for the same in streets and alleys of said c-itj, being hereby expressly reserved as to the said part of Michigan avenue in as ample a man- ner as if the aforesaid consent were not given. Provided that the estimated cost of fiaid first im- provement shall include a sum sufficient to lay a pavement of the best quality, stone curbing, a perma- nent sidewalk of a uniform width, and such shade trees, shrubbery, additional lamp posts, and other additions 152 LANDS. as may be deemed necessary to make the same in every respect a thoroughly finished boulevard. Sec. 2. Unless the said Board of South Park Commissioners shall within six months from the ap- proval hereof, select and take the said part of Michi- gan avenue for the purpose aforesaid, this ordinance shall cease to be of any force or effect and the consent hereby given by section one aforesaid shall be deemed to be withdrawn. Sec. 3. This ordinance shall be in force from and after its passage. ORDINANCE GIVING CONSENT TO THE BOARD OF SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, CONTROL AND IMPROVE MICHIGAN AVENUE FROM THE CENTER LINE OF THIRTY-NINTH STREET TO THE NORTH LINE OF FIFTY-FIFTH STREET, PURSUANT TO THE ACT OF THE GENERAL ASSEMBLY PASSED APRIL 9TH, A. D. 1879. [PASSED JULY 26, 1884.] BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUS- TEES OF THE VILLAGE OF HYDE PARK: Section 1. That whereas the General Assembly has passed a certain act, which was duly approved April 9th, A. D. 1879, and which, with the title thereto, is in the words and figures following: (See act of General Assembly, approved April 9, 1879.) And whereas the Board of South Park Commission- ers are about selecting and taking for the uses and pur- poses in the said act mentioned, that part of Michigan avenue extending from the center line of Thirty-ninth street to the north line of Fifty-fifth street, or Garfield boulevard, and the consent in writing of the owners of a majority of the frontage of the lots and lauds abut- ting on said Michigan avenue so far as taken or prO' MICHIGAN AVENUE, 153 posed to be takeu by said board having been obtained, consent is hereby given and granted to the said Board of South Parlv Commissioners to take, regulate, control and improve the before described part of Michigan ave- nue in maimer and form provided in the said act of the General Assembly. Provided, however, that nothing in this ordinance contained shall be construed as a waiver or relinquish- ment by or on the part of said village of any of its rights or powers in relation to the laying of water or gas mains and pipes and the building and repairing of sewers in said street and the regulating of openings for the same. All powers which said village now has in relation to water and gas pipes and sewers and their connections and the regulation of the same and the openings for the same in streets and alleys of said village being hereby expressly reserved as to the said part of Michigan avenue in as ample a manner as if the aforesaid consent were not given. Provided that the estimated cost of said first im- provement shall include a sum sufficient to lay a pave- ment of the best quality, stone curbing, a permanent sidewalk of uniform width, and such shade trees, shrubbery, additional lamp posts, and other additions as may be deemed necessary to make the same in every respect a thoroughly finished boulevard. Provided further, that said Board of South Park Commissioners shall not in any one year make an as- sessment for the improvement hereby contemplated of more than half a mile in leng-th of said portion of said Michigan avenue, and said improvement to be com- menced at Thirty-ninth street and continued in contin- uous prder to the south, 154 LANDS. And provided further that no improvement shall be made on any portion of said ayenue described herein until the sewers, gas pipes and water pipes shall have been constructed and laid. And provided further that no assessment shall be made for the improvement of any portion of said ave- nue south of Thirty-ninth street until an assessment shall have been made for the improvement thereof be- tween Thirty-ninth and Thirty-fifth streets. Sec. 2. Unless the said Board of Park Commission- ers shall, within six months from the approval hereof, select and take the said part of said street for the pur- pose aforesaid, this ordinance shall cease to be of any force or effect, and the consent hereby given by section 1 aforesaid shall be deemed to be withdrawn. EAST JACKSON STREET. AN ORDINANCE TO ENABLE THE SOUTH PARK COMMISSION- ERS TO TAKE, REGULATE, CONTROL AND IMPROVE BAST JACKSON STREET, FROM THE EAST LINE OP THE CHI- CAGO RIVER TO THE WEST LINE OF MICHIGAN AVENUE, IN THE TOWN OF SOUTH CHICAGO, IN THE CITY OF CHI- CAGO, AND STATE OF ILLINOIS. [PASSED MAY 18, 1896.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That, whereas, the General Assembly of the State of Illinois has passed an act entitled "An Act to enable park commissioners or park authorities to take, regulate, control and improve public streets and to pay for the improvement thereof," approved June 21, 1895, in force July 1, 1895; and Whereas, The Board of South Park Commissioners are about selecting and taking for the uses and pur- poses in said act mentioned, that part of East Jackson EAST JACKSON STREET. 155 street extending from the east line of the Chicago River to the west line of Michigan avenue, in the Town of South Chicago, in the City of Cliicago: Now, therefore, the consent of the corporate authori- ties having control of said street be, and the same is hereby given and granted to the said South Park Com- missioners to take, regulate, control and improve the before described part of East Jackson street, between the east line of the Chicago River and the west line of Michigan avenue, in the Town of South Chicago, in the City of Chicago, in manner and form provided in said act of the General Assembly, for the purpose of form- ing a boulevard connection between the park system in said Town of South Chicago and the park sAstem in the Town of West Chicago, both of said i^ark systems being in the City of Chicago. Sec. 2. It is expressly provided, however, that while the consent and authority of the city is hereby given to said South Park Commissioners to take, regulate, control and improve said street for boulevard purposes, said South Park Commissioners shall permit, with reasonable regalation, the use of said street hereinbe- fore described for trafHic teaming on said roadway for the use and benefit of the abutting owners of said prop- erty, any rule, regulation or ordinance of said South Park Commissioners to the contrary notAvithstanding: and, Provided further, that this ordinance, and the con- sent hereby given, is upon the express condition prece- dent that said South Park Commissioners, or their suc- cessor, or successors, shall never grant or permit the construction of any railroad track or tracks of anj^ kind in, along or upon any part of said street hereby granted. Sec. 3. It is also expressly provided that nothing in 156 LANDS. this ordinance contained sliall be construed as a waiver or relinquishment on the part of said city of any of its rights or powers in relation to the la3dng of water sup- ply pipes and the building and repairing of sewers and the regulation of openings for the same in said East Jackson street. All powers which the city now has in relation to water and gas pipes and sewers and their connections, and the regulation of the same and the openings of the same in the streets and alleys in said street, are hereby expressly resers^ed to the city as to that part of East Jackson street, in as ample a manner as if the aforesaid consent were not given. And Provided further, that nothing in this ordinance contained shall be construed as a waiver or relinquish- ment on the part of said city of any of its rights in and to any of the underground pipes now in said street. Sec. 4. Unless said Board of South Park Commis- sioners shall within six (6) months from the approval hereof, select, take and accept said East Jackson street in manner and form as by law provided and upon the terms and conditions aforesaid, then this ordinance to be of no force or effect, and the consent hereby given shall be deemed to be withdrawn. Sec. 5. This ordinance shall be in force from and after its passage. EAST JACKSON STREET. 157 AN ORDINANCE TO AMEND SECTION ONE (1) OF AN OR- DINANCE ENTITLED "AN ORDINANCE TO ENABLE THE SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, CON- TROL AND IMPROVE EAST JACKSON STREET, FROM THE EAST LINE OF THE CHICAGO RIVER TO THE WEST LINE OF MICHIGAN AVENUE, IN THE TOWN OF SOUTH CHI- CAGO, IN THE CITY OF CHICAGO AND STATE OF ILLINOIS," PASSED MAY 18TH, 1896. [PASSED OCTOBER 19th, 1896.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That section one (1) of an ordinance en- titled "An ordinance to enable the South Park Commis- sioners to take, regulate, control and improve East Jackson street, from the east line of the Chicago Eiver to the west line of Michigan avenue, in the Town of South Chicago, in the City of Chicago and State of Illi- nois,'* passed May 18th, 1890, be amended so as to read as follows, to wit: Section 1. That, whereas, the General Assembly of the State of Illinois has passed an act entitled "An act to enable park commissionei's or park authorities to take, regulate, control and improve public streets and to pay for the improvement thereof," approved June 21, 1895, in force July 1, 1895; and Whereas, The Board of South Park Commissioners are about selecting and taking for the uses and pur- poses in said act mentioned, that part of East Jackson street extending from the east line of the Chicago River to the east line of Michigan avenue, in the Town of South Chicago, in the City of Chicago: Now, therefore. The consent of the corporate author- ities having control of said street be and the same is hereby given and granted to said South Park Commis- sioners to take, regulate, control and improve the be- fore described part of East Jackson street, between the 158 LANDS. east line of the Chicago Kiver and the east line of Mich- igan avenue, in the Town of South Chicago, in the City of Chicago, in manner and form jjrovided in said act of the General Assembly for the purpose of forming a boulevard connection between the park system in the Town of South Chicago and the park system in the Town of West Chicago, both of said park systems being in the City of Chicago. Sec. 2. This ordinance shall be in force from and after its passage. AGREEMENT EXECUTED BY DIRECTION OF T1IE SOUTH PARK COMMISSIONERS AT ITS MEETING ON NOVEMBER . 18TH, 1896. In consideration of the approval by the mayor of the City of Chicago, concurrently with the execution and delivery of this agreement, of an ordinance passed by the City Council of said city at its meeting on the IGth day of November, making qualified provision for a free supply of water to the South Park Commissioners by said city, it is hereby agreed by said South Park Com- missioners that they will expend not less than twenty thousand dollars (|20,000) hereafter in each year from the date hereof for the maintenance and improvement of tliat portion of Jackson street in said ordinance men- tioned that at any time hereafter, when requested so to do by the comptroller of said city, they will make and submit to said comptroller statements showing their expenditures from time to time on account of said i)or- tion of said Jackson street that said ordinance shall be considered binding and effectual against said city (notwithstanding the taking of said Jackson street by said South Park Commissioners) only so long as said EAST JACKSON STREET. 159 South Park Commissioners shall fully comply with the terms of this agreement, and that upon failure of said South Park Commissioners to carry out this agreement said city shall be considered free to repeal or rescind said ordinance and to discontinue the free supply of water to said South Park Commissioners, and in such event said South Park Commissioners will not in any way resist such action upon the part of said city. This agreement shall be delivered to the mayor of said city concurrently with his approval of said ordi- nance, and shall be fully binding and effectual against said South Park Commissioners uiwn such approval. AN ORDINANCE SELECTING AND TAKING JACKSON STREET, FROM THE EAST LINE OP THE CHICAGO RIVER TO THE EAST LINE OF MICHIGAN AVENUE, IN THE TOWN OF SOUTH CHICAGO, IN THE CITY OF CHICAGO. [PASSED NO- VEMBER 18TH, 1896.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That, whereas, the owners of a majority of the lots and lands abutting on Jackson street from the east line of the Chicago River to the east line of Michigan avenue, in the Town of South Chicago, in the City of Chicago, and within the South Park District, have filed with the South Park Commissioners their consents respectively in writing, that the South Park Commissioners may select and take said Jackson street from the east line of Michigan avenue to the Cliicago River, in accordance with tlie statute in such case made and provided. And, whereas, the City Council of the City of Chicago, which is the proper corporate authority of said City, having control of such street, has, b}' proper ordinance 160 LANDS. passed on the 18th day of May, 1896, as amended by an ordinance passed on the 19th day of October, 1896, con- sented that the South Park Commissioners may select and take said Jackson street from the east line of the Chicago Eiver to the east line of Michigan avenue, in aecordance with the provisions of the acts of the Legis- lature of the State of Illinois, upon the conditions in said ordinance set forth. And, whereas, the City Council of the City of Chicago, as an inducement to the South Park Commissioners to select and take said part of said Jackson street, has hj an ordinance duly passed, agreed that if the said South Park Commissioners shall select and take that part of said Jackson street as aforesaid, the City of Chicago will furnish to the South Park Commissioners the water needed to be used in connection with the parks and boulevards under the control of the South Park Commissioners, free of expense, but subject to such reasonable regulations and rules concerning the use thereof, as may be provided from time to time by the Commissioner of Public Works of the City of Chicago. Now, therefore, Jackson street from the east line of the Chicago River to the east line of Michigan avenue, in the Town of South Chicago, in the City of Chicago, and in the South Park District, is hereby selected and taken by the South Park Commissioners, and full power and authority to regulate, control, improve and main- tain said part of said Jackson street so selected and taken as aforesaid, are hereby vested in and assumed by the South Park Commissioners; provided, however, that the selection and taking of the said part of said Jackson street is, nevertheless, upon the terms and con- ditions set forth in the said ordinance of the City Conn- EAST JACKSON STREET. 161 cil of the City of Chicago passed on the 18th day of May, 1896, and that nothing in this ordinance contained shall be construed as a waiver or relinquishment by or on the part of the City of Chicago of any of its rights or powers in relation to the laying of water mains and pipes and connections therewith, and the construction of sewers and drains in said street, and the regulating of openings for the same, or the repair of said water mains, pipes, sewers or drains in said street, and all powers that the City of Chicago now has in relation to the water mains, pipes and sewers and their connec- tions, and all underground pipes now in said street, and the regulation of the same, and the openings for the same in the streets of said city, are hereby expressly reserved to said City as to that part of said Jackson street hereinabove selected and taken by the South Park Commissioners. Sec. 2. This ordinance shall be in force from and after its passage. RESOLUTION, PASSED NOVEMBER 18TH, 1896. Whereas, The South Park Commissioners has, by ordinance duly passed on this date, selected and taken Jackson street, in the City of Chicago, from the east line of the Chicago River to the east line of Michigan avenue, in accordance with the ordinance passed by the City Council of the City of Chicago, on the eighteenth day of May, 1896, as amended by an ordinance passed on the nineteenth day of October, 1896. Now, therefore, be it resolved, that the South Park Commissioners hereby accept that part of said Jackson street aforesaid in accordance with said ordinance passed by the City Council of the City of Chicago. 162 LANDS. LAKE FRONT PARK. AN ORDINANCE GRANTING CONSENT TO THE SOUTH PARK COMMISSIONERS TO TAKE, REGULATE, CONTROL AND GOVERN ALL THAT PART OP THE LAKE FRONT PARK LYING SOUTH OF THE NORTH LINE OF JACKSON STREET, EXTENDED EAST. [PASSED JULY 27TH, 1896.] BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO: Section 1. That consent be, and the same is hereby given to the South Park Commissioners to take, regu- late, control and govern, in the same manner as it may govern other parks or boulevards under its control, all that certain public park situated in the Town of South Chicago, in the City of Chicago, and known as the Lake Front Park, or Lake Park, except, however, that por- tion lying north of the north line of Jackson street ex- tended on a straight line east from Michigan avenue to the Illinois Central Railroad Company's right of way, and west of the right of way of the Illinois Central Rail- road Company, including in the consent hereby given all land which may be hereafter reclaimed adjoining- said park, and all right and control in and over any re- claimed land, and any water rights in connection with the said park which now exist, or which may be here- after provided under any ordinance or contract now in existence. And the said South Park Commissioners shall have the right to control, improve and maintain so much of the said pork as it is hereby authorized to take. Sec. 2. This ordinance is passed subject to the pro- vision that all the rights acquired by the Illinois Cen- tral Railroad Company under the ordinance passed by the City Council on the 21st day of October, 1895, and under the contract entered into between the City of Chi- cago and the Illinois Central Railroad Company, dated LAKE FRONT PARK. 163 the 20th day of November, 1895, shall be respected by the said South Park Commissioners, and all contracts entered into by the said Illinois Central Railroad Com- pany in prosecution of the work to be done by it, and in accordance with the said above described agreement and ordinance prior to the acceptance of this ordinance by the South Park Commissioners shall be respected by the said South Park Commissioners. And the South Park Commissioners shall receive and enjo}^ all rights and benefits secured by said agreement and ordinance to the City of Chicago so far as the same apply to those parts of said park thus taken by said South Park Com- missioners. Sec. 3. The City of Chicago hereby reserves the right to lay and repair any water main, sewer or electric light conduit in the same manner and to the same ex- tent as it now has authority to do so. Sec. 4. This ordinance is passed and the grants therein contained are subject to the further provision and condition, to wit: That the Field Columbian Muse- um, a corporation organized and incorporated under the laws of the State of Illinois, shall have the right and privilege, and such right and privilege are hereby granted, to locate, construct and maintain its perma- nent buildings and structures for the use and occu- pancy of said museum upon the public park hereinbe- fore described under section 1 of this ordinance; and the following described piece, part or parcel of said park is hereby designated and set apart for such use and purpose of said Field Columbian Museum, to wit: a certain piece or parcel of land 1,300 feet in lengtli by 900 feet in width, more particularly described and lo- cated as follows: — the west line thereof to be 225 feet 164 LANDS. east of the present right of way and property of the Illinois Central Railroad. It is further herein provided that the said Field Columbian Museum may enter into possession of said piece or parcel of land at any time whenever it desires to commence the construction of its said buildings or other improvements upon said premises and from that date to have the exclusive control and right of occu- pancy of said premises, together with all structures and other improvements thereon ; and it is further provided that the public shall at all times have free and reason- able access to said museum grounds over and through said park hereinbefore described and by the terms of this ordinance transferred to said South Park Com- mission. Sec. 5. And be it further ordained that in the event said South Park Commission shall decline to accept said transfer of said park as herein provided, then the grant to said Field Columbian Museum with all privi- leges contained in section 4 of this ordinance shall be and hereby is made perpetual, and it is hereby declared that said piece or parcel of land described in said sec- tion 4 is hereby dedicated to the uses and privileges of said Field Columbian Museum as in this ordinance ex- pressed and contained. Sec. 6. That portion of the lake front dedicated to the use of the Field Columbian Museum is so dedi- cated on the express condition that unless the work of construction of such museum shall be started within one year from the passage of this ordinance said space shall revert to the South Park Commissioners. Sec. 7. All that portion of said Lake Front Park lying east of the easterly line of the Illinois Central LAKE FRONT PARK. 165 Railroad Company's right of way and lying north of the north line of Monroe street extended to the east limits of said park at the outer sea wall shall be and the same is hereby dedicated to the use of the local military companies of the Illinois National Guard for the purpose of parade grounds and a site for armory and other like uses by said military organizations. Sec. 8. Unless the said South Park Commissioners shall within four months from the passage of this ordi- nance accept the same and take so much of said park as consent is hereby given for, this ordinance shall cease to be of any force or effect and the consent hereby given shall be deemed to be withdrawn. Sec. 9. This ordinance shall be in force from and after its passage. Which ordinance, on file in the office of the City Clerk of Chicago is endorsed as follows: "The ordinance is approved upon condition that the South Park Commissioners shall, in their acceptance of said ordinance definitely locate the parcel of land granted and dedicated to the Field Columbian Museum in section 4 of this ordinance, and the acceptance by the proper officers of said museum of such location; and, in the event of the South Park Commissioners not accepting this ordinance, the parcel of land 1,300 feet by 900 feet granted and dedicated to the Field Colum- bian Museum is to center on Congress Street extended ; and upon the further condition that the South Park Commissioners accept East Jackson street as per ordi- nance passed by the City Council of the City of Chicago under date of May 18th, 1896.* (Signed) GEO. B. SWIFT, Chicago, August 1st, 189G. Mayor." *This ordinance having been passed by the City Council on July 27th, 1896, and having not been vetoed by the Mayor at the next regu- lar meeting of the Council, which was held on September 14th, 1896, thereupon became a valid ordinance. The foregoing approval is not considered valid. 166 LANDS. ORDINANCE TAKING UNDER THE CONTROL OF THE SOUTH PARK COMMISSIONERS A PART OP LAKE PARK IN THE CITY OF CHICAGO. [PASSED NOVEMBER 27TH, 1896.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That, whereas, the owners of a majority of the frontage of the lots and lands abutting on Lake Park, otherwise known as Lake Front Park, in the Town of South Chicago, in the City of Chicago, and within the South Park District, and also the owners of a majority of the frontage of the lots and lands abut- ting upon that part of the said Lake Park, described as all of said Lake Park except that portion lying north of the north line of Jackson street extended on a straight line east from Michigan avenue to the Illi- nois Central Railroad Company's right of way, and west of the right of way of the Illinois Central Railroad Company, have filed with the South Park Commission- ers, their respective consents in writing that the South Park Commissioners may take under its control, and regulate, control and govern in the same manner as it may govern other parks under its control, the said Lake Park or any part thereof. And, whereas, the said Lake Park, otherwise known as Lake Front Park, is a public park under the control or jurisdiction of the City of Chicago. And, whereas, the City Council of the City of Chi- cago, which is the proper corporate authority of said city having control of said Lake Park, has by an ordi- nance passed on the 27th day of July, 1896, consented that the South Park Commissioners may take, regulate, control and govern, in the same manner as it may gov- ern other parks or boulevards under its control, all of said public park, known as the Lake Front Park or LAKE FRONT PARK. 167 Lake Park, except, however, that portion lying uortli of the north line of Jackson street extended on a straight line east from Michigan avenue to the Illinois Central Eailroad Company's right of way and west of the right of way of the Illinois Central Railroad Com- pany, including, as is set out in said ordinance, in the consent thereby given, all land which may be there- after reclaimed adjoining the said park, and all right and control in and over any reclaimed land, and any water rights in connection with the said park which then existed, or which might be thereafter provided under any ordinance or contract then in existence. Now, therefore, all that certain public park situated in the Town of South Chicago, in the Cit}^ of Chicago, and within the Soutli Park District, and known as the Lake Front Park or Lake Park, except, however, that portion lying north of the north line of Jackson street extended on a straight line east from Michigan avenue to the Illinois Central Railroad Company's right of way, and west of the right of way of the Illinois Central Railroad Company, including all laud which may be hereafter reclaimed adjoining said park, and all right and control in and over anj' reclaimed land, and any water rights in connection with the said park which now exist or which may be hereafter provided under any ordinance or contract now in existence, is hereby taken under tlie control of the South Park Commission- ers, and full power and authority to regulate, control, govern, improve and maintain said part of said Lake Park so taken as aforesaid, are hereby vested in and assumed by the South Park Commissioners: Provided, however, that the taking under control of tlie said part of said park is nevertheless subject to all of the legal 168 LANDS. provisions, eonditions and reservations set forth in the said ordinance passed by the City Council of the City of Chicago on the 27th day of July, 1896.. And the South Park Commissioners hereby accept all rights and benefits secured to the City of Chicago, under a contract entered into between the City of Chicago and the Illinois Central Railroad Company, dated the 20th day of November, 1895, and an ordinance passed by the City Council of the City of Chicago on the 21st day of October, 1895, so far as the same applies to those parts of said park thus taken by the South Park Com- missioners. And, provided further, that the South Park Commissioners does not by the filing of said con- sents of said property owners waive any of its legal rights in regard to the said part of said park so taken and the control and government thereof which it would otherwise have. Sec. 2. This ordinance shall take effect and be in force from and after its passage. MISCELLANEOUS OEDINANCES, RESOLUTIONS AND COMMUNICATIONS. ATCHISON, TOPEKA & SANTA FE RAILKOAD. ORDINANCE GRANTING RIGHT TO ATCHISON, TOPEKA & SANTA FE RAILROAD COMPANY IN CHICAGO TO CROSS WESTERN AVENUE BOULEVARD. [PASSED OCTOBER 12, 1887.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority be and the same is hereby granted to tlie Atchison, Topeka & Santa Fe Railroad Company in Chicago to lay down, oj)erate and maintain a double-track railway across the Western Avenue boulevard in the Town of Lake, Cook County, Illinois, in the manner and subject to the pro- visions and restrictions hereinafter contained. Sec. 2. The north rail of the said tracks shall be laid as nearly as practicable parallel to and not more than twelve feet south of the south line of Forty-ninth street as the same crosses said boulevard; the south rail of said tracks shall be laid parallel to and not more than twenty-two feet south of said north rail; and the said tracks shall be laid under the supervision and direc- tion of the Superintendent of the South Park Commis- sioners. Sec. 3. The said railroad company shall plank and keep in constant repair the spaces between said tracks to the full width of said boulevard. Sec. 4. The said railroad company shall, whenever so directed by the South Park Commissioners, keep and 170 MISCELLANEOUS ORDINANCES. maintain a flagman at such crossing of said boulevard or shall construct and maintain gates thereat, as shall be required by the South Park Commissioners; and shall also use and maintain such other means in use by railway companies as shall from time to time be directed by said South Park Commissioners to insure the safety of persons using said boulevard. Sec. 5. The said railroad company shall at no time and under no circumstances permit any of its cars or locomotives to stand upon said tracks to the obstruc- tion of travel upon said boulevard, or any part thereof. Sec. 6. The permission, authority and privileges hereby granted are upon the further express condition that the said railroad company, whenever so directed by the South Park Commissioners, in compliance with any general order in regard to tiie construction of via- ducts and the lowering of the tracks crossing the boule- vards under the control of said South Park Commis- sioners in any particular district, shall construct and maintain a viaduct over said boulevard and railway crossing, and shall lower the said tracks in the man- ner required by the said South Park Commissioners. Sec. 7. The privileges hereby granted are upon the further express condition that said railroad company shall at all times comply with and be subject to all gen- eral and speciail ordinances of said South Park Com- missioners, now in force or which may hereafter be passed concerning the use and occupation of streets and boulevards and the running and operating of cars thereon or across the same by railway companies, so far as the same apply or relate to the privileges hereby- granted. Sec. 8. The permission and authority hereby granted A. T. & S. F. R. R. COMPANY. 171 are upon the further express condition that the said railroad company shall forever indemnify and save harmless the said South Park Commissioners from any and all legal actions, damages, decrees and the costs and expenses of the same which may be recovered or obtained against the South Park Commissioners for or by reason of, or growing out of, or resulting from the passage of this ordinance, or any matter or thing con- nected therewith, or by the exercise by the company of the privileges hereby granted, or from any act or acts of said company under or by virtue of this ordinance. Sec. 9. Should the said company at any time fail to comply w^ith the conditions and provisions of this ordi- nance, or any of them, or with the general ordinances of the South Park Commissioners, the said South Park Commissioners may order said tracks to be taken up and removed by said company and on its failure so to do within ten days after notice of such order, may cause the same to be taken up and removed at the ex- pense of the said company. Sec. 10. All the provisions of this ordinance shall be equally binding upon the said railroad company, its successors, assigns and lessees. Sec. 11. This ordinance shall be in force only from and after the written acceptance of the same and its provisions by the said Atchison, Topeka & Santa Fe Railroad Company, in Chicago duly signed and under its corporate seal, shall be filed with the secretary of the South Park Commissioners. Unless such accept- ance be so filed within thirty days of the time of the passage hereof this ordinance shall be null and void. BONDS. ORDINANCE TO ISSUE BONDS. [PASSED JANUARY 14, 1891.] Whereas, The General Assembly of the State of Illi- nois passed an act entitled, "An act in relation to the World's Columbian Exposition," approved August 5, 1890, the third and fourth sections of which are as fol- lows: Section 3. In case the site or sites for the holding of the said World's Columbian Exposition, as finally lo- cated and fixed by the authorities in charge thereof, shall include the whole or any part of any public park which is, or may be, under the control and management of park commissioners, then and in that event it shall be competent, and express authority for that purpose is hereby granted to the park commissioners having the control and management of such public park to allow the use of the same or any part thereof, for tlie purposes of said World's Columbian Exposition, upon such terms and conditions as may be agreed upon be- tween the said park commissioners and the authorities having the management of said exposition. Sec. 4. The said park commissioners in charge of the public grounds or any part thereof, designated and selected as the site of the whole or part of the said exposition by the authorities in charge thereof, shall have and are hereby invested with full power and authority in their discretion to issue and sell interest- bearing bonds to an amount not exceeding five hundred thousand dollars, the proceeds of said bonds so issued BONDS. 173 to be used and applied in improving the grounds under their control, selected as aforesaid for the use of said exposition, and authority is hereby expressly granted to the park commissioners issuing said bonds to levy and collect a direct annual tax upon the property within their jurisdiction sufficient to pay the interest on said bonds as it falls due, and also to pay and dis- charge the principal thereof, within twenty years from the date of issuing said bonds. All improvements made by the proceeds of said bonds shall become a part of the public property, to be held and controlled by the park commissioners issuing said bonds. But the power here- in granted, shall not be exercised until the proposition to issue such bonds shall have been submitted to a vote of the legal voters of such park district, and receive a majority of the votes cast upon that proposition at such election. Public notice of the time and places for holding such election shall be given by the park com- missioners of such district not less than twenty (20) days before the day appointed therefor, by publication in some newspaper of general circulation in said dis- trict, and by posting the same in at least ten of the most public places in said district, and the ballots shall read "For issuing the bonds," or "Against issuing the bonds." The said election shall be held and the ballots cast shall be counted, and the returns thereof be can- vassed, by the same officers and in the same manner as in the case of election of county officers within said district. And, whereas, the site for holding the said World's Columbian Exposition, as finally located and fixed b^- the authorities in charg? thereof, includes Washington Park, Jackson Park, and the Midway Plaisance, public 174 MISCELLANEOUS ORDINANCES. grounds which are under the control and management of the South Park Commissioners; And, whereas, the South Park Commissioners in charge of the said public grounds designated and se- lected as aforesaid as the site of a part of the said expo- sition by the authorities in charge thereof, have allowed the use of the same for the purposes of said World's Columbian Exposition upon the terms and conditions which have been agreed uijon between the said South Park Commissioners and the authorities having the management of said exposition: And, whereas, a proposition to issue the bonds re- ferred to in said section 4 of the act above mentioned was submitted to a vote of the legal voters of the park district, consisting of the Towns of South Chicago, Hyde Park and Lake, at an election held therein on the fourth day of November, A. D. 1890, in the manner and after giving the public notice of the time and places of holding such election prescribed in said section: And, whereas, the said proposition received a major- ity of the votes cast upon that proposition at such elec- tion; BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That interest bearing coupon bonds to the amount of five hundred thousand dollars be issued by the South Park Commissioners, each of said bonds to be for the sum of one thousand dollars, bearing date on the first day of February, A. D. 1891, to be pay- able twenty years after the date thereof, and to bear interest at the rate of five per cent, per annum from the date thereof, said interest to be payable semi-annually, on the first day of August and the first day of Febru- ary in each and every year on the presentation and BONDS. 175 surrender of the proper interest coupons, forty of wliicli coupons to evidence such interest shall be at- tached to each of said bonds; said bonds to be num- bered consecutively from and including; number one uj) to and including number five hundred; and the pnn- cipal and interest of said bonds to be payable at the Chicago National Bank, in the City of Chicago, State of Illinois. Each of said bonds shall pass by delivery or may be registered at the office of the secretary of the South Park Commissioners, in the City of Chicago, State of Illinois; and after such registration of owner- ship, certified on said bond by the said secretary, no transfer shall be valid except on the transfer books kept for that purpose by the said secretary, unless the last transfer shall be to bearer, which shall restore transferability by deliver}^; but each of said bonds shall be subject to successive registrations and trans- fers to bearer at the option of each holder. Sec. 2. Said bonds shall be executed under the seal of the South Park Commissioners and shall be signed by the said South Park Commissioners and countersigned by the secretary, and shall be sold at not less than par and accrued interest; provided, how- ever, that if any of such bonds shall not be sold until after maturity of any of the interest coupons thereto attached, said matured interest coupons shall be cut off and canceled before delivery, and such bonds may be sold for not less than par, and the interest ac- crued on the next interest coupon becoming payable after such delivery. Sec. 3. The proceeds arising from the sale of such bonds so issued shall be used and applied in im- proving the grounds under the control of the South 176 MISCELLANEOUS ORDINANCES. i Park Commissioners selected as aforesaid for tlie use of said exposition. Sec. 4. A direct annual tax shall be levied and collected upon the property within the jurisdiction of the South Park Commissioners, sufficient to pay the in- terest on said bonds as it falls due, and also pay the principal thereof within twenty years from the date of issuing said bonds; and, to that end, the South Park Commissioners shall levy in each year a direct annual tax sufficient to pay the annual interest on said bonds, and also to pay the proper proportion of the principal thereof, and the proceeds of such annual tax, after deducting the amount necessary to pay such an- nual interest, shall be set apart and applied by said South Park Commissioners to the purchase of bonds issued in accordance with the provisions of this ordi- nance, if the same can be obtained at par and accrued interest; and if the said South Park Commissioners can- not obtain said bonds, or sufficient of them at said price to absorb said sum so set apart, then from the outstanding bonds issued in accordance with the pro- visions of this ordinance there shall be selected by lot so many thereof as may be required to absorb the sam so set apart for a sinking fund. The said selection shall be made by the said South Park Commissioners at the end of each successive year, after the date of said bonds, or within one month thereof, in the presence of one of the Judges of the Circuit Court of Cook Coun- ty, Illinois, who, with said corporate authorities, shall make and sign a certificate of the result thereof, which certificate shall be filed with the secretary. Notice of such selection and of the numbers of the bonds so selected shall be forthwith given by the secretary in BONDS. 177 oue or more newspapers published in the said City of Chicago; and, if said bonds so selected shall be regis- tered, notice shall also be sent by mail to the address of the owners thereof, if shown upon the transfer books kept by the secretary. The interest on the bonds se- lected by lot, as aforesaid, for redemption shall cease from and after the time when the semi-annual interest on the same shall fall due next after the said selection is made. From the sum so set apart for a sinking fund there shall be paid the bonds so selected, as aforesaid, with interest until payment, or until the same shall cease, as aforesaid. The sum so set apart for a sinking fund shall not be used for any other purpose except for paying for bonds purchased and redeeming bonds se- lected, as aforesaid. All bonds purchased or redeemed under the provisions of this section shall be canceled, and a certificate thereof stating the number, date and amount of said canceled bonds shall, from time to time, be made by said corporate authorities and filed with the secretary. Sec. 5. The credit of the South Park Commissioners is irrevocably pledged to the payment of all of said bonds and the interest thereon. Sec. 6. The form of said bonds shall be as follow^s: UNITED STATES OF A^IERICA, State of Illinois, CHICAGO SOUTH PARK BOND. KNOW ALL MEN BY THESE PRESENTS: That the South Park Commissioners, a public munici- pal cori>oration of the State of Illinois, acknowledges itself to owe and promises to pay unto the bearer here- 178 MISCELLANEOUS ORDINANCES. of the sum of One Thousand Dollars, in lawful money of the United States of America, on the first day of February, in the year one thousand nine hundred and eleven, at the Chicago National Bank in the City of Chicago, with interest at the rate of five per cent, per annum, payable semi-annually on the first days of August and February in each year on the presentation and surrender of the annexed coupons as they sever- ally mature. This bond is one of a series of bonds of like amount, tenor and effect, and numbered consecu- tively from and including number one up to and in- cluding number five hundred, issued by the South Park Commissioners by authority of and in pursuance of the provisions of an Act of the General Assembly of the State of Illinois, entitled "An Act in relation to the World's Columbian Exposition," approved August 5, 1890, the provisions of which said Act, so far as they relate to the power and authority to issue the said bonds and the manner and conditions in and upon which said power and authority shall be exercised, have in all things been complied with. A direct annual tax will be levied and collected in each year upon the property within the jurisdiction of the South Park Commissioners to paj^ the annual interest maturing on said bonds and a certain proportion of the principal, so that the entire issue of said bonds shall be paid off and discharged within twenty years from the date thereof. All of said bonds, including this bond, is is- sued subject to the condition that, if suflflcient of said bonds can not be purchased by the said South Park Commissioners in each year at par and accrued inter- est to absorb the proportion of such annual tax which shall be set apart for the redemption of said bonds. BONDS. 179 then, and iu that event, a. suflficient number of said bonds to absorb said fnnd at that price shall be select- ed by lot from the bonds of this issue then outstanding and shall be redeemed, notice of such selection and the numbers of the bonds so selected to be given in the manner prescribed by ordinance. The interest on the bonds selected by lot, as afore- said, shall cease from and after the time when the semi-annual interest on the same shall fall due next after such selection is made, if not presented for re- demption before that time. The credit of the South Park Commissioners is irrevocably pledged to the pay- ment of all of said bonds and the interest thereon. This bond shall pass by delivery, or may be registered at the office of the secretary of the South Park Com- missioners in the City of Chicago, Illinois; and after such registration of ownership, certified hereon by said secretary, no transfer shall be valid except on the transfer books kept for that purpose by said secretary, unless the last transfer shall be to bearer, which shall restore transferability by delivery; but this bond shall be subject to successive registrations and transfers to bearer at the option of each holder. In AYituess AVhereof the said South Park Commis- sioners have hereunto subscribed their names and af- fixed the corporate seal and caused this bond to be countersigned by the secretary on this first day of in the year of our Lord one thousand eight hundred and ninety-one. I South Park y Commissioners. COUNTERSIGNED: Secretary. 180 MISCELLANEOUS ORDINANCES. INTEREST COUPON. (125.00.) South Park Commissioners will pay the bearer at the Chicago National Bank in the City of Chicago on the first day of , A. D. 18 . . . . , twenty-five Dollars, being six months' interest on Bond No Secretary. CHICAGO AND CALUMET HORSE AND DUMMY RAILWAY COMPANY. AGREEMENT, BETWEEN THE CHICAGO & CALUMET HORSE AND DUMMY RAILWAY COMPANY AND THE SOUTH PARK J COMMISSIONERS TO CROSS OAKWOOD BOULEVARD. [PASSED JULY 8, 1885.] At a regular meeting of the Board of South Park Commissioners, held at their office in the City of Chi- cago, on the eighth day of July, 1885, a quorum being present, an application being made to the Board of South Park Commissioners, by the Chicago & Calumet Horse and Dummy Railway Company, for permission to cross Oakwood boulevard at its intersection with Cottage Grove avenue. Now, therefore, subject to the conditions hereinafter expressed, permission is hereby granted by the said Commissioners to the said Chicago and Calumet Horse and Dummy Railway Company, to lay down and op- erate its said track upon these conditions, that is to say: First. After putting the track down, the road is to be replaced in perfect order and condition as it now is, at the expense of the said railway company, and to be so kept at all times by it. CHICAGO & CALUMET H. AND D. R. COMPANY. 181 Second. No cars, horses or other obstructions are ever to stop or stand upon the boulevard. All stop- pages, to take on or let off passengers or for other pur- poses, are to be before reaching or after crossing the boulevard. Third. The said railway company is to enter into an agreement with the South Park Commissioners to com- ply with all the conditions hereinbefore and hereinaf- ter contained, and also that if at any time the said con- ditions and restrictions are not complied with or the track and the cars thereon become, in the opinion of the commissioners, too great an obstruction to driving upon the boulevard, or if the commissioners for any other reason desire the track to be removed, then the said railway company is to remove the said track, and replace the road and boulevard in perfect order and condition, as it now is, all at the expense of the said railway company. Fourth. That in the exercise of the permission here- in granted, said company shall not make use of steam power, nor anything but horse power, in propelling, conducting or operating its cars across said boulevard, nor permit any dummy or other engine to cross, or re- cross, the same at any time. Fifth. The permission hereby granted is to be tem- porary and subject to such further or other restrictions as said commissioners, or their successors, may from time to time deem advisable, and also subject to be wholly revoked in the discretion of the said commis- sioners. 182 MISCELLANEOUS ORDINANCES. CHICAGO AND NORTHERN PACIFIC RAILROAD. ORDINANCE GRANTING THE RIGHT TO THE CHICAGO AND NORTHERN PACIFIC RAILROAD COMPANY TO CROSS WESTERN AVENUE BOULEVARD AND GARFIELD BOULE- VARD. [PASSED NOVEMBER 2, 1891.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority be and the same are hereby granted to the Chicago and North- ern Pacific Railroad Company to lay down, operate and maintain a double track railway across the West- em avenue boulevard and the Garfield boulevard, in the City of Chicago, Cook County, Illinois, in the man- ner and subject to the provisions and restrictions here- inafter contained. Sec. 2. The tracks across said Western avenue bou- levard shall be laid east of and parallel with, and at the present grade of the tracks of the Union Stock Yards and Transit Company; and the distance be- tween the centers of the tracks of said Chicago and Northern Pacific Railroad Company aiid between the center of the west track of said Chicago and Northern Pacific Railroad Company and the center of the east track of said Union Stock Yards and Transit Compa- ny, shall not be more than fourteen feet. Sec. 3. The tracks across said Garfield boulevard shall be laid west of and at the present grade of the tracks of the Pittsburgh, Cincinnati, Cliicago and St. Louis Railway Company, and the west rail of the west track of said Chicago and Noi'thern Pacific Railroad Company shall cross the north line of said boulevard at a distance of not more than fifty-six and one-half feet from the west line of the right-of-way of said Pitts- burgh, Cincinnati, Chicago and St. Louis Railway Com- CHICAGO & NORTHERN PACIFIC RAILROAD. 183 panj, and said west rail of said west track shall cross the south line of said boulevard at a distance of not more than eighty feet from said west line of the right- of-way of said Pittsburgh, Cincinnati, Chicago and St. Louis Railway Company. Sec. 4. Said railroad company shall construct its tracks across said boulevards with an iron guard rail on the inside of each of the rails thereof, and shall plank said crossings and keep the same in repair to the full width of said boulevards, all under the direction of the superintendent of said South Park Commission- ers; and said railroad company shall not change the grade of its tracks across said boulevards without the consent of said South Park Commissioners; and said railroad company shall, at its own cost and expense, furnish and deliver suitable material for constructing, repairing and maintaining the approaches to said tracks, including both the driveways and planting spaces of said boulevards, at such places and at such times as shall be directed by said South Park Commis- sioners, and all alterations made necessary in said bou- levards to make the driveways and planting spaces thereof conform to the grade of said railroad tracks, as herein specified, shall be made at the sole cost and ex- pense of said railroad company and under the super- vision and direction of the superintendent of said South Park Commissioners; and the said railroad company shall also pay any and all expense incurred in the removal of trees, made necessary by the construc- tion of said crossing, and the full value of such trees as shall be destroyed thereby. Sec. 5. The said railroad company shall, whenever so directed by the South Park Commissioners, keep 184 MISCELLANEOUS ORDINANCES. and maintain a flagman at such crossings of said bou- levards, or shall construct and maintain gates thereat, as shall be required by the South Park Commissioners; and shall also use and maintain such other means in use by railway companies as shall from time to time be directed by said South Park Commissioners to insure the safety of persons using said boulevards. Sec. 6. The said railroad company shall at no time and under no circumstances permit any of its cars or locomotives to stand upon said tracks, or any of them, to the obstruction of travel upon said boulevards or any part thereof. Sec. 7. The permission, authority and privileges hereby granted are upon the further express condition that the said railroad company, whenever so directed by the South Park Commissioners, in compliance with any general order in regard to the construction of via- ducts and the lowering of the tracks crossing the boule- vards under the control of said South Park Commis- sioners in any particular district, shall construct and maintain a viaduct over said boulevards and railway crossings, and shall lower the said tracks in the man- ner required by said South Park Commissioners. Sec. 8. The privileges hereby granted are upon the further express condition that the said railroad com- pany shall at all times comply with and be subject to all general and special ordinances of said South Park Commissioners, now in force or which may hereafter be passed concerning the use and occupation of streets and boulevards and the running and operating of cars thereon or across the same by railway companies, or in regard to the elevation of railroad tracks crossing said CHICAGO & NORTHERN PACIFIC RAILROAD. 185 streets and boulevards, so far as the same apply or re- late to the privileges hereby granted. Sec. 9. The permission and authority hereby grant- ed are upon the further express condition that the said railroad company shall forever indemnify and save harmless the said South Park Commissioners from any and all legal actions, damages, decrees, and the costs and expenses of the same which may be recovered or obtained against the South Park Commissioners for or by reason of or growing out of, or resulting from the passage of this ordinance, or any matter or thing con- nected therewith, or by the exercise by the company of the privileges hereby granted, or from any act or acts of said company under or by virtue of this ordi- nance. Sec. 10. Should the said company at any time fail to comply with the conditions and provisions of this or- dinance, or any of them, or with the general ordinances of the South Park Commissioners, the said South Park Commissioners may order the said tracks to be taken up and removed by said company, and on its failure so to do within ten days after notice of such order, may cause the same to be taken up and removed at the ex- pense of the said company. Sec. 11. All the provisions of this ordinance shall be equally binding upon the said railroad company, its successors, assigns and lessees. Sec. 12. This ordinance shall be in force only from and after the written acceptance of the same and its provisions by the said Chicago & Northern Pacific Rail- road Company, duly signed and under its corporate seal, shall be filed with the secretary of the South Park Commissioners. Unless such acceptance shall be so 186 MISCELLANEOUS ORDINANCES. filed within thirty days of the time of the passage here- of, this ordinance shall be null and void. CHICAGO AND SOUTn SIDE IIAPID TRANSIT RAILROAD CX)MPANY. AN ORDINANCE GRANTING PERMISSION TO THE CHICAGO AND SOUTH SIDE RAPID TRANSIT RAILROAD COMPANY TO CONSTRUCT, ERECT, MAINTAIN AND OPERATE AN ELE- VATED RAILROAD OVER AND ACROSS MICHIGAN AVENUE BOULEVARD, IMMEDIATELY SOUTH OF AND ADJOINING FORTIETH STREET, AND OVER AND ACROSS GARFIELD BOULEVARD, BETWEEN CALUMET AND PRAIRIE AVE- NUES. [PASSED SEPTEMBER 9, 1891.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority be and the same is hereby granted to the Chicago and South Side Rapid Transit Railroad Company to construct, erect, maintain and operate an elevated railroad over and across Michigan avenue boulevard, immediately south of and adjoining Fortieth street, and also over and across Garfield boulevard, between Calumet and Prairie avenues, the center line of the structure of said elevated railroad to be about 212 feet east of Prairie avenue and about 165 feet west of Calumet avenue, both said boulevards being in the City of Chicago, County of Cook, State of Illinois, in the manner and subject to the restrictions hereinafter contained. Sec. 2. The structure to be erected over and across Michigan avenue boulevard shall span the driveway of said boulevard from curb to curb, and shall be support- ed by iron columns set in the line of the trees not to ex- ceed four feet from the curb lines, said columns to be supported upon cast-iron bases firmly bolted to proper foundations of concrete and masonry constructed be- CHICAGO & SOUTH SIDE R. T. R. R. COMPANY. 187 neath the surface. The structure crossing Garfield boulevard shall be in all respects similar to that cross- ing Michigan avenue boulevard, except that it shall consist of four spans, the northerly one of which shall at its northerl}^ end be supported upon iron columns set without the northerly line of said boulevard, and at its southern end upon columns located within and im- mediately adjoining the northern side of the planting space in the center of said boulevard; the two center spans shall, as to the northerly one thereof, be support- ed at its northern end upon the columns carrying the southern end of the span crossing the northern drive- way of said boulevard, and at its southern end upon columns located in the center of said planting space, which said last named columns shall also support the northern end of the southerly of the two central spans, the southern end of which shall be supported upon col- umns located at the southerly edge of the planting space aforesaid, which said last named columns shall also support the northern end of the southern span which shall span the southerly driveway of said boule- vard, and be supported at its southern end by columns located without the southerly side of said boulevard, all of said columns to be supported upon cast-iron bases firmly bolted to proper foundations constructed of concrete and masonrj^ beneath the surface. Sec. 3. The said railroad company shall be permit- ted to make all necessaiy excavations for the conven- ient construction of the foundations aforesaid, but shall restore the surfaces of all driveways and plant- ing places so disturbed to the satisfaction of the South Park Commissioners; or said South Park Commission- ers may, at their option, require the said railroad com- 188 MISCELLANEOUS ORDINANCES. pany, before any such excavations are made, to deposit with the secretary of said Commissioners a sum in cash to cover the estimated cost of making such excavations and restorations, and make such excavations and res- torations by their own agents and servants, and after paying the costs thereof out of the cash so deposited, account for and pay over to said railroad company any balance remaining from said deposit, and if said cost shall exceed said deposit said railroad company shall at once reimburse said Commissioners for such excess. Sec. 4. The permission and authority hereby grant- ed are upon the express condition that the said railroad company shall promptly pay for any and all damage done by it to property in the custody of said South Park Commissioners, and for the cost of removing any trees which it may be necessary to disturb, and shall forever indemnify and save harmless the said South Park Commissioners from any and all legal actions, damages, decrees, and the costs and expenses of the same which may be recovered or obtained against the South Park Commissioners for or by reason of, or grow- ing out of or resulting from the passage of this ordi- nance, or any matter or thing connected therewith, or by the exercise by the railroad company of the privi- leges hereby granted, or from any act or acts of said company under or by virtue of this ordinance. Sec. 5. All structures spanning the driveways of the boulevards aforesaid, shall leave a clear headroom be- tween said structures and the grade of such driveways at the center line of such driveways of sixteen feet, and at the curb lines such headroom shall not be less than fourteen feet above such driveways, and the entire CHICAGO & SOUTH SIDE R. T. R. R. COMPANY. 189 structures shall be so designed as to present as light and ornamental an appearance as is consistent with strength and durability for the service for which they are intended, and shall be so constructed as to effec- tually prevent drippings of any kind from such struc- tures upon any part of said boulevards. All plans and details thereof shall be submitted to and approved by the South Park Commissioners before erection. Sec. G. This ordinance shall be in force only from and after the written acceptance of the same, and its provisions, by the said The Chicago & South Side Kap- id Transit Railroad Company, duly signed under its corporate seal, shall be filed with the secretary of the South Park Commissioners. Unless such acceptance be so filed within 30 days from the date of the passage hereof, this ordinance shall be null and void. Sec. 7. The said company shall station a flagman at the crossings of said driveways or put in some suitable device to announce the approach of trains, if required by the South Park Commissioners. OUICAGO AND WESTERN INDIANA RAILROAD COMPANY. AGREEMENT ALLOWING CHICAGO & WESTERN INDIANA RAILROAD COMPANY TO CROSS GARFIELD BOULEVARD. [PASSED OCTOBER 27, 1879.] Resolved, That the Chicago & Western Indiana Rail- road Company have authority to cross Fifty-fifth street boulevard, as requested, provided that it shall duly execute the contract without delay, contained in its request this day submitted to the board, which has been approved by the attorney of this board, and has 190 MISCELLANEOUS ORDINANCES. been handed to the agents of said company to procure its execution. The request and conditions are as follows: TO THE BOARD OF SOUTH PARK COMMISSIONERS: The Chicago & Western Indiana Railroad Company, a corporation duly organized under and by virtue of the laws of the State of Illinois, hereby ask permission to lay three railroad tracks across the Fifty-fifth street boulevard, on a width not exceeding for all thirty-four feet, on a line with Wallace street, where the same, if extended, would cross said boulevard; said space not to be used for switching cars or side tracks; and in consideration of the granting of said permission, and as a condition of the said grant and of the exercise there- of, the said Chicago & Western Indiana Eailroad Com- pany do hereby agree to so lay and construct said tracks that the top of the rails of said railroad tracks shall not, when so laid, be to exceed eighteen inches above the present grade of the center of said boule- vard, where now improved, and to raise or lower the same, from time to time, as said Board of Park Com- missioners may direct, and also to grade the driveway of said boulevard from the top of said rails on a straight line to the present or future grade of said driveway, at a point one hundred feet east and west, respectively, on said driveway, and keep the same in repair to the satisfaction of said board; said grading to be the full width of said driveway, as now improved, and to be continued as the said improvement may be widened for the whole width to which the said commis- sion shall, from time to time, extend the said improve- ment; said grading to be made of broken stone and CHICAGO & WESTERN INDIANA R. R. COMPANY. 191 stone screens, or with gravel as said Board of Commis- sioners may direct; and also to plank the space be- tween said railroad tracks, for the whole width of said boulevard, and to extend the planking to such distance outside of said rails as shall be directed by said board; and also to make like crossings on such other drive- ways as shall be hereafter constructed by said commis- sioners on said boulevard, where the same shall or may cross the line of said railroad tracks, and to maintain the same at the cost and expense of said company and its successors and assigns, and to do all and every the matters and things aforesaid, under the supervision and to the satisfaction of said Board of Commission- ers, or such person as they may appoint. And further, that said railroad company shall, at its own cost and expense, maintain a flagman at such crossing and crossings, as aforesaid, whenever said Board of South Park Commissioners shall, by resolution, direct the same to be done, and shall also establish, construct and maintain, at its own expense, suitable safety gates at such crossings, whenever directed to do so by resolu- tion of said board; and further, that the said railroad company shall, and will, comply with any and all gen- eral ordinances that may be adopted by said board, es- tablishing a general system of viaducts for railroads crossing said boulevard between the west line of the Village of Hyde Park and Ilalsted street, in the Town of Lake; and further, that said railroad company shall lower its tracks, if necessary, to enable said board to construct such suitable and substantial driveways or viaducts as the said board may hereafter order over said railroad crossings, hereby permitted, of which said viaducts said company shall pay the cost, expense, 192 MISCELLANEOUS ORDINANCES. ' and also all reasonable expenses afterwards, keeping such viaducts in repair. And said company shall also conform to any and all general ordinances of said Board of South Park Commissioners, regulating the speed of railroad trains or engines at the crossings of said boulevard, and shall be subject at all times to all of the police powers vested, or which may hereafter be vested, in the said board, and to the proper exercise thereof by or through the agency of said board. And it is hereby further agreed and declared, by the said railroad company, that the due performance on its part of all and singular, the agreements and stipulations, aforesaid, shall be, and the same are hereby made con- ditions of the said grant, and of the exercise of the privileges hereinbefore requested to be granted to said company. And it is hereby further agreed that this instrument shall be spread upon the regular records of the proceedings of the Board of Directors of said company, and to be approved by said board, and proper evidence of said approval furnished to the said Board of South Park Commissioners. And in case of failure, neglect or refusal of said railroad company, so to approve and to record this agreement, the said com- pany agrees to remove said tracks from said boulevard crossing, upon ten days notice, and the continuance during that time of such default as aforesaid. And in case of failure or neglect of said railroad company, after the continuance of such default for the period of ten days after notice as aforesaid, and in case of its breach of any of the conditions or agreements herein- before contained, the said Board of South Park Com- missioners may take up and remove the said tracks from said boulevard at the said crossings, provided CHICAGO & WESTERN INDIANA R. R. COMPANY. 193 said Bocird of South Park Commissioners sliall first give written notice of such breach of condition at least ten daj's before proceeding to take up said tracks. ORDINANCE GRANTING THE RIGHT TO THE CHICAGO AND WESTERN INDIANA RAILROAD COMPANY TO LAY DOWN TWO ADDITIONAL TRACKS ACROSS GARFIELD BOULE- VARD. [PASSED NOVEMBER IITH, 1892.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority be and the same are herebj' granted to the Chicago and West- ern Indiana Railroad Company to lay down, operate and maintain two additional railwaj" tracks across Garfield boulevard in the manner and subject to the provisions and restrictions hereinafter contained. Sec. 2. That said track shall be laid east of and par- allel with and at the present grade of the tracks of said company now across said boulevard and as near thereto as practicable. Sec. 3. Said railroad company shall construct" its tracks across said boulevard with an iron guard rail on the inside of each of the rails thereof, and shall plank said crossing and keep the same in repair to the full width of said boulevard, all under the direc- tion of the Superintendent of said South Park Commis- sioners; and said railroad company shall not change the grade of its tracks across said boulevard without the consent of said South Park Commissioners; and said railroad compan}' shall at its own cost and ex- pense, furnish and deliver suitable material for (on- structing, repairing and maintaining the apjjroaclu's to said tracks, including both the driveways and jthint- 194 MISCELLANEOUS ORDINANCES. ing spaces of said bonlevard, at such places and at such times as shall be directed by said South Park Commis- sioners, and all alterations made necessary in said boulevards to make the driveways and planting spaces thereof conform to the grade of said railroad tracks, as herein specified, shall be made at the sole cost and exj)ense of said railway company and under the super- vision and direction of the Superintendent of said South Park Commissioners; and the said railroad company shall also pay nuj and all expense incurred in the removal of trees, made necessary by the con- struction of said crossing, and the full value of such trees as shall be destroyed thereby. Sec. 4, The said railroad company shall, whenever so directed by the South Park Commissioners, keep and maintain a flagman at such crossing of said boulevard, or shall construct and maintain gates thereat, as shall be required b}" the Sontli Park Commissioners; and shall also use and maintain such other means in use by railway companies as shall from time to time be directed by said South Park Commissioners to insure the safety of persons using said boulevard. Sec. 5. The said railroad compam' shall at no time and under no circumstances permit any of its cars or locomotives to stand upon said tracks, or any of them, to the obstruction of travel upon saion a written acceptance of the same being filed with the secretary of this board, signed by the j)resi- dent of said company, with its corporate seal attached, attested by its secretary; which said acceptance sliall be deemed an agreement on the part of said company to comply with all the terms and conditi<)ns herein ex- pressed. The secretary of this board is hereby directed to transmit to said company a copy of this resolution, duly certified under his hand and the seal of this board. AGREEMENT BETWEEN THE CHICAGO CITY RAILWAY COM- PANY AND THE SOUTH PARK COMMISSIONERS TO CROSS MICHIGAN AVENUE AT THIRTY-FIRST STREET. [PASSED JULY 16, 1884.] At a regular meeting of the Board of South Park Commissioners, hehl at th<'ir office in the (Mty of Chi- cago, on the Kith day of July, 1SS4, a (piorum being ])reseut. An application being made to the Board of South Park Commissioners by tlie Cliicago City Kail- way Company for permission to cross Michigan Ave- 200 MISCELLANEOUS ORDINANCES. nue boulevard at its intersection with Thirty-first (31st) street south. Now, therefore, subject to the conditions hereinafter expressed, permission is hereb}^ granted by the said Commissioners to the said Chicago City Eailway Com- pany to lay down and operate its said track upon those conditions — that is to say: First. After putting the track down, the road is to be replaced in perfect order and condition as it now is, at the expense of the said railway company, and to be so kept at all times by it. Second. No cars, horses or other obstructions are ever to stop or stand upon the boulevard. All stop- pages to take on or let off passengers, or for other pur- poses, are to be before reaching or after crossing the boulevard. Third. The said railway company is to enter into an agreement with the South Park Commissioners to com- ply with all the conditions hereinbefore and herein- after contained and also that if at any time the said conditions and restrictions are not complied with, or the track and cars thereon become, in the opinion of the commissioners, too great an obstruction to driving upon the boulevard, or if the commissioners for any other reason desire the track to be removed, then the said railway company is to remove the said track and replace the road and boulevard in perfect order and condition as it now is, all at the expense of the said railway company. Fourth. That in the exercise of the permission here- by granted, said company shall not make use of steam power nor anything but horse power in propelling, conducting or operating its cars across said boulevard, CHICAGO CITY RAILWAY COMPANY. 201 nor permit any diiinniy or other engine to cross or re- cross the same at any time. Fifth. The ])ermission hereby granted is to be tem- porary, and subject to such further or other restric- tions as said commissioners or their successors may from time to time deem advisable, and also subject to be wholly revoked in the discretion of tlie said commis- sioners. AGREEMENT BETWEEN THE CHICAGO CITY RAILWAY COM- PANY AND THE SOUTH PARK COMMISSIONERS, FOR CROSS- ING GARFIELD BOULEVARD AT WENTWORTH AVENUE AND HALSTED STREET. [PASSED NOVEMBER 12, 1S84.] At a regular meeting of the Board of South Park Commissioners, held at their office in the City of Chi- cago, on the 12th day of November, 1884, a quorum being present, an application being made to the Board of South Park Commissioners bv the Chicago City Railway Company for permission to cross (lartield boulevard at its intersection with AN'entworth avenue, and also to cross said Garfield boulevard at its inter- section with Halsted street. Now, therefore, subject to the conditions hereinafter expressed, permission is hereby granted by the said commissioners to the said Chicago City Bail way Com- pany, to lay down and opeiate its said tracks upon these conditions — that is to say: First. After jjutting the track down the road is to be replaced in perfect order and condition as it now is, at the expense of the said railway company, and to be so kept at all times by it. Second. No cars, horses or other obstructions are ever to stop or stand upon the boulevard, all stoppages 202 MISCELLANEOUS ORDINANCES. to take on or let off passengers or for other purposes are to be before reaching or atter crossing tlie boule- vard. Third. The said railway company is to enter into an agreement with the South Park Commissioners to com- ply with all the conditions hereinbefore and herein- after contained, and also that if, at any time, said con- ditions and restrictions are not complied with, or the track and cars thereon become in the opinion of the commissioners too great an obstruction to driving upon the boulevard, or if the commissioners for any other reason desire the track to be removed, then sailace the roadways and boulevards in perfect order and condition, as the}'- now are, all at the expense of the said railway compan^^ Sec. 5. That in the exercise of the permission here- by granted, said company shall not make use of steam power, nor anything but horse power in propelling, conducting or operating its cars across said boulevards and avenues, nor permit any dummy or other engine to cross or recross the same at any time. Sec. 6. That permission hereby granted is to be temporary, and subject to such further or other restric- tions as said South Park Commissioners or their suc- cessors may from time to time deem advisable, and also subject to be wholl}^ revoked in the discretion of the said Commissioners. CHICAGO CITY RAILWAY COMPANY. 207 Ser, 7. This ordiiunice shall be in force from nii«l after its ^vritten acceptance by said Chicaj>() City Kail- way (V)mpany. Unless sncli acceptance be filed Avith the secretary of said South Park Commissioners within thirty days after the passa.ue hcr-eof, this ordinance shall be null and void! ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COM- PANY PERMISSION TO LAY DOWN, MAINTAIN AND OPER- ATE A DOUBLE TRACK STREET RAILWAY ACROSS GAR- FIELD BOULEVARD AT ASHLAND AVENUE. [PASSED AU- GUST 14, 1889.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertakinG; by the Chicago (Hty Kailwa}' Comjiany to c<»mply with the conditions of this ordinance, permission is hereby granted to said Chicago City IJailway Company to lay down, maintain and ojterate a double track street rail- way across Cartield boulevard at Ashlaml avenue. Sec. 2. That said tracks shall be laid under the supervision and direction of the Su])erinteudent of the South Park Commissioners, and after tracks are laid tlu^ rctadway shall be replaced in ])ei*fect order and condition, as it now is, at the expense ot the said rail- way company, and to be so kept by it at all times in such manner as shall be directed by said superintend- ent; and said Chicago City Kailwa}' Comiiauy shall pave the entire intersection with granite or brick pav- ing blocks at any time when the South Park Commis- sioners shall consider it necessary so to do, and shall make an order for such improvement. Sec. 3. No cars, horses, or other obstructions shall ever stop or stand ui>cn the said boulevard or crossing; 208 MISCELLANEOUS ORDINANCES. and all stoppages to take ou or let off passengers, or for other purposes, shall be before reaching or after crossing the boulevard. Sec. 4. If at any time said conditions and re- strictions are not complied with, or the track and cars thereon become, in the opinion of the South Park Commissioners, too great an obstruction to driving upon said boulevard or avenue, or if the Commission- ers for any other reason desire the said tracks to be removed, then said railway company is to remove the said tracks and replace the roadway and boulevard in perfect order and condition as they now are, all at the expense of the said railway company. Sec. 5. That in the exercise of the permission here- by granted said company shall not make use of steam power, nor anything but horse power in propelling, conducting or operating its cars across said boulevard, nor permit any dumni}', or other engine, to cross or re- cross the same at any time. Sec. 6. That permission hereby granted is to be tem- porary and subject to sucli further or other restrictions as said South Park Commissioners or their successors may, from time to time, deem advisable, and also sub- ject to be wholly revoked in the discretion of the said Commissioners. Sec. 7. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- way Company. Unless such acceptance be filed with the secretary of the said South Park Commissioners within thirty days after the passage hereof, this ordi- nance shall be null and void. CHICAGO CITY RAILWAY COMPANY. 209 ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COM- PANY PERMISSION TO LAY DOWN, MAINTAIN AND OPER- ATE A DOUBLE TRACK STREET RAILWAY ACROSS GRAND BOULEVARD AND MICHIGAN AVENUE AT FORTY-SEVENTH STREET. [PASSED MAY IITH, 1892.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the nndertakini;- by the Chicago City Railway Company to compl}' with the conditions of tliis ordinance, permission is hereby granted to said Chicago Cit}- Railway- Company to lay down, maintain and operate a double track street rail- way across Crand boulevard and Michigan avenue at Fortj'-seventh street. Sec. 2. That said tracks shall be laid under the su- pervision and direction of the Superintendent of the South Park Commissioners, and after tracks are laid, the roadway' shall be replaced in perfect order and condition, at the expense of the said railway compam*, and to be so kept by it at all times in such manner as shall be directed by said Superintendent; and when said tracks are laid the said railway company shall pave the s])ace between their rails and for a space of twelve feet in width on each side of the outer rails in said Crand boulevard and Michigan avenue crossings, with granite blocks in a manner satisfactory' to said South Park Commissioners; and said railway company shall pave the entire intersection of said crossings with granite or brick paving blocks at any time when the South Park Commissioners shall con- sider it necessary so to do, and shall make an order for such improvement Sec. 3. No cars, horses, or other obstructions shall ever stop or stand upon the said crossings; and all stop- pages to take on or let off passengers, or for other pin- 210 MISCELLANEOUS ORDINANCES. poses, shall be before reaebino- or after crossing the said boulevard and avenue. Sec. 4. If at any time said conditions and restric- tions are not complied with, or the tracks and cars thereon become, in the opinion of the South Park Com- missioners, too great an obstruction to driving upon said boulevard or avenue or if the commissioners for any other reason desire the said tracks to be removed, then said railway company is to remove the said tracks, and replace the roadway and crossings in perfect order and condition as they now are, all at the expense of the said railway company. Sec. 5. That in the exercise of the permission hereby granted, the said Chicago City Railwa^^ Company shall not make use of steam power in propelling or operating its cars across said boulevard and avenue, nor permit an}' dummy or other engine to cross or recross the same at any time. Provided, however, that if said com- pany should determine to operate and propel its cars at the points mentioned b}" electricity, the said company is hereby permitted to so propel and operate its cars, but it is especiall}' provided and understood that no pole for carrying the electric wire shall be placed within the lines of said boulevard and avenue, or cross the same except only by the consent and approval of the Superintendent of the South Park Commissioners. Sec. 6. That permission hereby granted is to be temporary and subject to such further or other restric- tions as said South Park Cx^mmissioners or their suc- cessors may, from time to time, deem advisable, and also subject to be wholly revoked in the discretion of the said Commissioners. Sec. 7. This ordinance shall be in force from and CHICAGO CITY RAILWAY COMPANY. 211 after its written juceptance by saiany, and to be so kejtt by it at all times in such manner as shall be direi'ted by said Superintendent, and said Chicago City Railway Com- pany shall pave the si)ace between the rails and for twelve feet on each side of the outer rail, from the east line of the boulevard to the east line of Western Ave- nue road, to the grade given by the South Park Com- missioners, with granite paving blocks. 212 MISCELLANEOUS ORDINANCES. Sec. 3. No cars, horses, or other obstructions shall ever stop or stand upon the said Iboulevard or crossing, and all stoppages to take on or let off passengers, or for other purposes shall be before reaching or after crossing the boulevard. Sec. 4. If at any time said conditions and restric- tions are not complied with, or the tracks and cars thereon become in the opinion of the South Park Com- missioners too great an obstruction to driving upon said boulevard, or if the Commissioners for any other reason desire the said tracks to be removed, then said railway company is to remove the said tracks and re- place the roadway and boulevard in perfect order and condition as they now are, all at the expense of the said railway compan}^ Sec. 5. That in the exercise of the permission hereby granted, said companj^ shall not make use of steam power, nor anything but horse power in propelling, conducting or operating its cars across said boulevard, nor permit any dummy or other engine to cross or re- cross the same at an}" time. Sec. 6. That the permission hereby granted is to be temporary and subject to such fnrtlier or other restric- tions as said South Park Commissioners or their suc- cessors may from time to time deem advisable, and also subject to be whoU}' revoked in the discretion of said commissioners. Sec. 7. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- way Company. Unless such acceptance be filed with the Secretary of the said South Park Commissioners within thirty days after the passage hereof, this ordi- nance shall be null and void. CHICAGO CITY RAILWAY COMPANY. 213 AMENDMENT TO ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO LAY DOWN, MAIN- TAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY ACROSS WESTERN AVENUE BOULEVARD AT THIRTY- FIFTH STREET. [PASSED NOVEMBER IITH, 1892.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That section 5 of an ordinance lieretofore passed on the 12th day of October, 1892, by the South Park Commissioners, being an ordinance granting to the Cliicago City Railway Company permission to lay down, maintain and operate a double track street rail- May across Western Avenue Boulevard at Thirty-fifth street, be, and the same is hereby' amended by striking from said ordinanc(,' said section 5, and inserting in lieu and stead thereof the following: Sec. 5. That in the exercise of the permission here- by granted said Chicago City Railway Company shall not make use of steam power nor anything but horse power and electric power in propelling, conducting and operating its cars across said boulevard, nor per- mit any dummy or other engine to cross or recross the same at au}' time. Sec. 2. This ordinance shall be in force and take ef- fect from and after its written acceptance by said Chi- cago City Railway Company, and unless said accept- ance be filed with the secretary of the Board of South Park Commissioners within 80 days after its passage this ordinance shall be null and void. 214 MISCELLANEOUS ORDINANCES. ORDINANCE GRANTING TO CHICAGO CITY RAILWAY COM- PANY PERMISSION TO OPERATE, WITH ELECTRIC POWER ACROSS GARFIELD BOULEVARD AT INTERSECTION OF HALSTED STREET. [PASSED SEPTEMBER 12TH, 1894.] Whereas, on November 12tli, 1884, tlje Chicago (ity Kailway Company was given permission to cross Gar- field boulevard at Halsted street, subject to certain conditions imposed upon said Chicago City Kailway Company; And, whereas. The said Chicago City Railway Com- pany is now desirous of using electric power for the propelling of its cars, instead of horse power; BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertak- ing b}^ the Chicago City IJailway Company to comply with the conditions heretofore imposed upon it in ref- erence to the crossing of Garfield boulevard at its inter- section with Halsted street, and also to comply with the conditions of this ordinance, permission is hereby given to said (^^hicago City Railway Company to make use of electric power in propelling, conducting or op- erating its street cars across Garfield boulevard at its intersection with Halsted street. Sec. 2. That the said tracks now on said boulevard shall be replaced or made suitable to the use of street cars propelled by electric power, under the supervis- ion and direction of the superintendent of the South Park Commissioners, and after the tracks are so re- newed or made suitable to the purpose of street cars propelled by electric power, the roadway shall be re- placed in perfect order and condition at the expense of said railway company, and to be so kept by it at its expense at all times in such manner as shall be direct- CHICAGO CITY RAILWAY COMPANY. 215 ed by said superintendent, and when said tracks are so renewed or made suitable to the i)urpose of street cars propelled by osed by ordinances giving permission to hw said tracks; And whereas. The said Chicago City llaihvay (\>m- pany is noAv desirous of using electric power for the |)ro]Mdling of its cars instead of horse jiower; BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in considcn'ation of the undertaking by the Chicago City Kailway Company to comply with the conditions heretofore imposed upon it in reference to the crossing of Michigan avenue at Thirty-ninth street, Grand Boulevard at Thirty-ninth street, and Gar- field Boulevard at Went woith avenue; and also to com- 218 MISCELLANEOUS ORDINANCES. ply with the conditions of tliis ordinance, permission i.s hereby given to said Chicago City Railway Company to make use of electric power in propelling, condncting and operating its cars across Michigan avenue at Thir- ty-ninth street, Grand Boulevard at Thirty-ninth street, and Garfield Boulevard at Wentworth avenue. Sec. 2. That the said tracks now on said avenue and boulevards shall be replaced or made suitable to the use of street cars propelled by electric power, under the supervision and direction of the superintendent of the South Park Commissioners, and after the tracks are so renewed or made suitable to the purpose of street cars propelled by electric power, the roadway shall be replaced in perfect order and condition at (he expense of said railway company, and to be so kept by it at its expense at all times, in such manner as shall be directed by said superintendent; and when said tracks are so renewed or made suitable to the purpose of street cars propelled by electric power the said rail- way company shall pave the space between the rails, and also the space on each side of their tracks extend- ing to the gutter line establislied by the South Park Commissioners with granite paving block, or brick, or such material as directed by and in a manner satis- factory to said South Park Commissioners, and shall maintain this pavement in good condition. Sec. 3. That said railway company shall have the privilege of erecting four iron posts in Grand Boule- vard at the crossing of Thirty-ninth street, and four iron posts in Garfield Boulevard at the crossing of Wentworth avenue, at points indicated by the South Park Commissioners;, that said posts shall be of the character and size satisfactory to said Commissioners; CHICAGO CITY RAILWAY COMPANY. 219 that the trolley aud supporting wires held by said four posts shall be at an elevation above the surface of said avenue aud boulevards indicated bv said South Park Commissioners, not, however, to be less than sixteen feet; that no feed wire, or wires, shall cross the said avenue and boulevards above the surface of said ave- nue and boulevards. Sec. 4. That no feed wire or wires or any other con- ductors, conveyors or conduits other than the trolley and supporting wires above referred to, shall be placed or maintained by said railway company across said av- enue or boulevards; that if any feed wire or wires are necessary to be run across the said avenue or boule- vards special permission shall first be obtained thereto from the South Park Commissioners, and if permis- sion is granted such feed wires shall be carried under ground under the directions prescribed and conditions imposed by the said South Park Commissioners. Sec. 5. No street cars, horses or other obstructi(»ns shall ever stop or stand upon said crossings, and all stoppages of cars to take on or let off passengers, or for any other ]>urpose, shall be beferniission here- by granted the said Chicago City Kailway ('ompany shall not make use of any other power in ]tro])elling and operating its cars across said avenue or boulevards than the power for w hich permission is hereby granted, 220 MISCELLANEOUS ORDINANCES. nor shall the said electric power be any other than by means of electric motors placet! on said street cars and operated by an electric cnrrent generated by station- ary machinery at a distance and conveyed to said street cars through the agency of an overhead trolley wire. Sec. 8. That said Chicago City Railway Company shall indemnify and save harmless the said South Park Commissioners against and from any and all damages, judgments, decrees and costs and expenses which said South Park Commissioners may suffer, and which may be recoverable or obtained against said South Park Commissioners for or by reason of the granting of the privileges hereby conferred upon said railway com- pany, or for, or by reason of, or growing out of, or re- sulting from, the exercise by said railway company of the privileges hereby granted. Sec. 9. The permission hereby granted is to be tem- porary and subject to such further or other restrictions as said South Park Commissioners, or their successors, nmy from time to time deem advisable, and also subject to be wholly revoked in the discretion of said Commis- sioners. Sec. 10. This ordinance shall be in force from and after its written acceptance by said Chicago City Rail- way Company, and unless such acceptance be filed with the secretary of the South Park Commissioners within thirty days after the passage hereof this ordinance shall be null and void. CHICAGO CITY RAILWAY COMPANY. 221 ORDINANCE GRANTING TO THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO OPERATE WITH ELECTRIC POWER ACROSS MICHIGAN AVENUE AT INTERSECTIONS OF TWENTY-SIXTH STREET, THIRTY-FIRST STREET AND FORTY-THIRD STREET, ACROSS GRAND BOULEVARD AT INTERSECTION OF FORTY-THIRD STREET, AND ACROSS DREXEL BOULEVARD AT INTERSECTION OF FORTY-THIRD STREET. [PASSED DECEMBER 12TH, 1894.] Whereas, The Chifaj^o City Railway Company has tracks across Mi(hi<;aii avenue at Twenty-sixtli street, Thirt} -tirst street and Forty-tliird street, (hand Boule- vard at Forty-third street, and Drexel Boulevard at Forty-third street, subject to certain conditions im- posed by ordinances giving" permission to lay said tracks; And, whereas. The Chicago City Ilailway Company is now desirous of using electiic power for the propell- ing of its cars, instead of horse power; BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Chicago City Railway Company to comply with tlie conditions heretofore imposed upon it in reference to the crossing of Michigan avenue at THventy-sixth street, Thirty-first street and Forty-third street, (Jrand Boulevard at Forty-third street and Drexel Boulevard at Forty-third street, and also to comply with the con- ditions of this ordinance, i)ermissioii is hereb,y given to said Chicago City Railway Companj^ to make use of electric power in propelling, conducting and operating Its cars across Michigan avenue at Twenty-sixtli stn^et. Thirty-first street and Forty-third street, (Irand Boule- vard at Forty-third street and Drexel Boulevard at Forty-third street. Sec. 2. That the said tracks now on said avenue and 222 MISCELLANEOUS ORDINANCES. boulevards shall be replaced or made suitable to tlie use of street ears propelled by electric power, under the supervision and direction of the superintendent of the South Park T'omniissioners, and after the tracd^s are so renewed or made suitable to the purpose of street cars propelled by electric power the roadway shall be replaced in perfect order and condition at the expense of the said railway company, and to be so kept b}" it at its expense at all times, in such manner as shall be directed by said superintendent, and when said tracks are so renewed or made suitable to the purpose of street cars propelled by electric power the said rail- way company shall pave the space between the rails, and also the space on each side of their tracks extend- ing to the gutter line established by the South Park Commissioners, with granite paving blocks, or brick, or such material as directed by, and in a manner satis- factor}^ to said South Park Commissioners, and shall maintain this pavement in good condition. Sec. 3. That said railway company shall have the privilege of erecting four iron i:>osts in Grand Boule- vard at the crossing of Forty-third street and four iron posts in Drexel Boulevard at the crossing of Forty- third street, at points indicated hj the South' Park Commissioners; that said posts shall be of the charac- ter and size satisfactory to said Commissioners; that the trolley and supporting wires held hj said four posts shall be at an elevation above the surface of said avenue and boulevards indicated by said South Park Commissioners, not, however, to be less than sixteen feet; that no feed wire, or wires, shall cross the said avenue and boulevards above the surface of said ave- nue and boulevards. CHICAGO CITY RAILWAY COMPANY. 223 See. 4. Tliut IK) iVed wire or wires, or any other con- (liiclors, conveyors or condnits, other than the troHey and su]>|»ortinj;' wires above referred to, shall he placed or iu;iintained hy said railway company across said avenue or bouhnards; that if any feed wire or wires are necessary to be run across the said avenue or boulevards special permission shall first be obtained thereto from the South Park Commissioners, and if ])erniission is granted, such feed wires shall be carried under ground under the directions prescribed and con- ditions imposed by the said South Park Cjommissioners. Sec. 5. Xo street cars, horses or other obstructions shall ever stop or stand upon said crossings, and all stopi)ages of ears to take on or let off passengers, or for any other purpose, shall be before reaching or after crossing the said avenue or boulevards. See. (). The said railway coui])anv shall not at any time operate or propel its ears across the said avenue or boulevards at a rate of speed exceeding four miles an hour, having first made a full stop before entering on said avenue or boulevards. Sec. 7. That in the c'xereise of the permission here- by granted, the said (-hicago (Mty Railway <'om])any shall not make use of any other ])<)wer in ])ro])elling and operating its ears across said avenue or boulevards tliMu the power for which permission is hereby grant- ed; nor shall the said electric ])ow''r be any other than b}' means of electric motors placed on said street ears and operated by an electric current generated by sta- tionary iiiaon and along Forty- seventh street from the present terminus of the tracks on said Forty-seventh street to the intersection of Archer avenue with said street; therefore, BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of'the undertaking by the Chicago City Railway Company to comply with the conditions of this ordinance permission is hereby granted to said Chicago City Railwa^^ Company to lay down and maintain a double track street railway across Western Avenue Boulevard at Forty-seventh street, and to operate the same with electricity or horse power. Sec. 2. Said tracks shall be laid under the super- vision and direction of the superintendent of the South Park Commissioners, and after said tracks are laid the roadway shall be replaced in perfect order and condi- tion at the expense of said railway company, and to be so kept by it at all times, in such manner as shall be directed by the superintendent of the South Park Commissioners, and when said tracks are laid the said railway company shall pave the space between the rails and also on each side of its tracks extending to 230 MISCELLANEOUS ORDINANCES. the curb and cross-walk lines as established by the Park Commissioners in said Western Avenue Boule- vard crossing, with granite blocks or such other Jiia- terial as the South Park Commissioners ma}^ deter- mine and direct, and in a manner satisfactory to said superintendent; and shall maintain such pavement in good condition. Sec. 3. That said railway company shall have the privilege of erecting the necessary iron posts on West- ern Avenue Boulevard crossing of Forty-seventh street; that such posts shall be of a character and size satisfactory to said Commissioners; that the trolley and overhead wires held by said poles shall be at an elevation above the surface of said boulevard indicated by the said South Park Commissioners, not, how^ever, to be less than sixteen feet ; that no feed wire or w^ires shall cross said Western Avenue Boulevard crossing of Forty-seventh street above the surface of said boule- vard, and such wire or wires, if any are used, shall be placed underground at said Western Avenue Boule- vard crossing of Forty-seventh street, and under the direction and supervision of the superintendent of said South Park Commissioners; said posts shall be placed in such a way and manner as is satisfactory to the su- perintendent of the said South Park Commissioners. Sec. 4. That no street cars or other obstructions shall ever stop or stand upon said crossing, and all stoppages of cars to take on or let off passengers, or for any other purpose, shall be before reaching or after crossing said boulevard, and all cars approaching said boulevard shall come to a full stop before crossing the same. Sec. 5. Said railway company shall not at any time CHICAGO CITY RAILWAY COMPANY. 231 operate or propel its cars across said boulcYard at a rate of speed exceeding four miles an hour. Sec. 6. That in the exercise of the permission here- by granted, the Chicago City Bailway Company shall not make use of any other power, nor propel or operate its cars across said boulevard, than the power for which permission is hereby granted, nor shall said elec- tric power be other than by means of electric motors placed on the street cars and operated by the electric current geneiated by stationary machinery placed at a distance and conveyed to said cars through the agency of an overhead trolley wire. Sec. 7. That the Chicago City Eailway Compa'ny shall indemnify and save harmless the South Park Commissioners against and from any and all danmges, decrees and costs and expenses which said South Park Commissioners may suffer, or which may be recover- able or obtained against said South Park Commission- ers for or by reason of the granting of the privileges hereby conferred upon said company, or for or by rea~ son of, or growing out of, or resulting from the exer- cise by said company of the privileges hereby granted. Sec. 8. The permission hereby granted is subject to such further order or other restrictions as the South Park Commissioners, or their successors, may from time to time deem advisable. Sec. 9. That a grooved or such other rail as the South Park Commissioners may direct sliall be laid by the Chicago City Railway Company, in the Western Avenue Boulevard crossing at Forty-seventh street, the section of which shall be approved by the South Park Commissioners. Sec. 10. Tills ordinance shall be in force from and 232 MISCELLANEOUS ORDINANCES. after its written acceptance by said Oliicago City Rail- way Company, and unless such acceptance be filed with the secretary of the South Park Commissioners within thirty days after its passage this ordinance shall be null and void. AN ORDINANCE GRANTING THE CHICAGO CITY RAILWAY COMPANY PERMISSION TO LAY DOWN, MAINTAIN AND OPERATE A DOUBLE TRACK STREET RAILWAY ACROSS DREXEL BOULEVARD AT FORTY-SEVENTH STREET. [PASSED OCTOBER 9TH, 1895.] Whereas, The City Council of the Cit}' of Chicago heretofore, to-wit: on the 8th day of July, A. D. 1895, duly passed an ordinance granting and permitting the Chicago City Eailway Company to lay down, maintain and operate by electricity a double track street railway upon and along Forty-seventh street from Cottage Grove avenue to the lake; therefore, BE IT ORDAINED BY THE BOARD OF SOUTH PARK COMMIS- SIONERS: Section 1. That in consideration of the undertak- ing by the Chicago City Eailway Company to comply with the conditions of this ordinance, permission is hereby granted to said Chicago City Eailway Company to lay down and maintain a double track street rail- way across Drexel Boulevard at Forty-seventh street, and to operate the same with electricity or horse power. Sec. 2. Said tracks shall be laid under the super- vision and direction of the superintendent of the South Park Commissioners, and after said tracks are laid the roadway shall be replaced in perfect order and con- CHICAGO CITY RAILWAY COMPANY. 233 dition at the expense of said railway company, and to be so kept by it at all times, in su'li manner as shall be directed by said snperinteudent, and when said tracks are laid the said railway company shall pave the space between the rails and also the space on each side of its tracks extending to the curb and cross walk lines as established by the South Park Commissioners in said Drexel Bonlevard crossing, with granite blocks or such other material as the South Park Commission- ers may determine and direct, and in a manner satis- factory to said superintendent, and shall maintain such pavement in good condition. Sec. 8. That said railway comi>any shall have the i:>rivilege of erecting four iron posts in Drexel Boule- vard crossing of Forty-seventh street; that such posts shall be of a charaervision and direction of the superintendent of tlie South Park Commissioners, and after said tracks are laid the roadbed shall be placed in perfect order and condition at the expense of said Chicago City Railway Company, and to be so kept by it at all times and in such manner as shall be directed by the superintendent of the South Park Commissioners; and when said tracks are laid and in operation b}' electricity, at the respective crossings, the said Chicago City Railway Company shall pave the space between the rails; and also on each side of its tracks, extending to the curb and cross walk lines, as established by the South Park Commissioners, on said Thirty-fifth Street boulevard at Indiana avenue, and on said Michigan Avenue boule- vard at Eighteenth street, with granite blocks or such other material as the South Park Commissioners may CHICAGO CITY RAILWAY COMPANY. 243 determiue and direct, aud in a manner satisfactoiT to said sni^eriutendent of the Sonth Park Commissioners, and shall maintain such pavement in good condition. Sec. 3. That the trolley wire shall be at an eleva- tion above the surface of the street, at the respective crossings, indicated by the South Park rommissioners, not, however, to be less than sixteen feet. Sec. 4. That no feed wire or wires, or any other con- ductors, couA^eyors, or conduits other than the trolley wires above referred to, shall be placed or maintained by said company above and across said respective boulevards at the places aforesaid; that if any feed wire or wires are necessary to be run across the said respec- tive boulevards at the crossings aforesaid, permission shall be tirst obtained therefor from the South Park Commissioners, and if permission is granted, such feed wires shall be carried underground under the directions and conditions prescribed and imposed by the South Park Commissioners. Sec. 5. No street cars, horses or other obstructions shall stop or stand upon said crossings, aud all stop- pages of cars to take on and let off passengers, or for any other reason, shall be before reaching or after crossing the said respective boulevards, at the inter- sections aforesaid; and all cars approaching said boule- vards shall come to a full stop before entering on the same. Sec. 0. The said Chicago City Railway Company shall not, at any time, operate or propel its cars across said respective boulevards at the crossings aforesaid, at a rate of speed exceeding four miles an hour. Sec. 7. That in the exercise of the permission here- by granted, the said Chicago Cit}' Railway Company 244 MISCELLANEOUS ORDINANCES. shall not make use of any power (except horses) in the propelling and operating of its' cars across said boule- vards, at the crossings aforesaid, other than the power for which permission is hereby granted, nor shall the electric power be other than by means of electric motors placed on said street cars and operated by the electric current generated by stationary machinery placed at a distance and conveyed to said cars through the agency of an overhead trolley wire. Sec. 8. The said Chicago City Railway Company shall indemnify and save harmless the said South Park Commissioners against and from any and all dam- ages, judgments, decrees and costs, and expenses which said South Park Commissioners Jnaj suffer, or which may be recoverable or obtained against said South Park Commissioners, for or b}' reason of the granting of the privileges hereby conferred upon said company, or for or by reason of, or growing out of, or resulting from the exercise by said company of the privileges hereby granted. Sec. 9. The permission hereby granted is to be tem- porary, and subject to such further or other restrictions as the South Park Commissioners, or their successors, may from time to time deem advisable, and also to be wholly revoked, in the discretion of said South Park Commissioners. Sec. 10. This ordinance shall be in force from and after its written acceptance by the Chicago City Rail- way Company, and unless such acceptance be filed with the secretary of the South Park Commissioners within thirty days after its passage, this ordinance shall be null and void. CHICAGO TELEPHONE COMPANY. 245 CHICAGO TELEPHONE COMPANY. ORDINANCE GIVING PERMISSION TO THE CHICAGO TELE- PHONE COMPANY TO CONSTRUCT A CONDUIT ON THE EAST SIDE OF COTTAGE GROVE AVENUE FROM A POINT 100 FEET NORTH OF THE CENTER LINE OF FIFTY-FIRST STREET TO A POINT 350 FEET SOUTH THEREOF (AND ACROSS COTTAGE GROVE AVENUE TO THE NORTH LINE OF FIFTY-FIRST STREET), AND ON THE EAST SIDE OF COTTAGE GROVE AVENUE ACROSS THE MIDWAY PLAI- SANCE. [PASSED NOVEMBER 12TH, 1890.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the nndertaking b\' the Chicago Telephone Company to coniplj- with the conditions of this Ordinance, permission is hereby given to said Chicago Telephone Company to construct a conduit on the east side of Cottage Grove avenue from a point 100 feet north of the center of 51st street to a point 350 feet south thereof and "across Cottage Grove avenue at the north line of 51st street" and on th§ east side of Cottage Grove avenue across the Mid- wa}' Plaisance. Sec. 2. The conduits shall be placed to the lines and grades given by the Park Commissioners, and the man- holes, if any are absolutely necessary, shall be located where the Park Commissioners direct and covered in a manner that shall be satisfactory to said commis- sioners. Sec. 3. The work (»f laying the conduit shall be done when and where, and in such manner as shall be speci- fied by the Park Commissioners. Sec. 4. The Park Cor.iniissioners shall r('i)hu'e all road material that is displaced by the opening of the trench, and the Chicago Telephone Company shall pay 246 MISCELLANEOUS ORDINANCES. to the Park Commissioners a31 tlie expenses and costs thereof. See. 5. If at any time the conditions and restric- tions imposed by the Park Commissioners are not com- plied with, or should the Park Commissioners in any manner, in making- future improvements in these lo- calities, deem said conduit an obstruction, or think it advisable to have same relaid to other lines, or entire- ly removed from these streets, then said Telephone Company agrees to remove or relay said conduit as ordered by the Park Commissioners, and to replace the roadways and boulevards in perfect order and condi- tion as they now are, all at the expense of said Tele- phone Company: and to comply with the orders and conditions of said Park Commissioners in relation thereto. Sec. 0, That the permission hereby granted is to be temporary and subject to such further restrictions as said Park Commissioners, or their successors may, from time to time deem necessary, and also subject to be wholly revoked in the discretion of the Park Com- missioners. Sec. 7. This Ordinance shall be in force from and after its acceptance by said Chicago Telephone Com- pany; but unless accepted within 30 days from the pas- sage thereof, this ordinance shall be null and void. FIELD COLUMBIAN MUSEUM. ORDINANCE CONCERNING A MUSEUM IN JACKSON PARK. [PASSED SEPTEMBER 12TH, 1894.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. The Field Columbian Museum is hereby authorized to maintain in the Fine Arts Building in FIELD COLUMBIAN MUSEUM. .247 Jackson Park a nmseiim for the collection and (lisplay of objects pertaining to natural history and the arts and sciences. Sec. 2. So long as the said Field Columbian Mu- seum shall occupy said building, it shall maintain said museum and building, and keep the same in good or- der and rc])air, and the said South I\irk Commissioners shall i)ay to tlu^ said Field Columbian Museum the sum of Hfte^'n thousand dollars (115,000) pei- year, i)ayable in monthly installments, of twelve hundred and lifty dollars (•1fl,250) each, commencing on the first day of October, 1894. And the said South Park Commission- ers shall be at no further expense of any kind or char- acter in regard to said museum, or the maintenance thereof, or in regard to the said building, or the main- tenance or repair thereof. Se<'. 3. The said Field Columbian Museum may charge an aduiission fee to the said museum not ex- ceeding twenty-five cents for each visitor ov\) the said work and to take full possession and control of that portion of said Garfield boulevard, notwithstanding this ordi- 262 MISCELLANEOUS ORDINANCES. nance and any permit which ^ may have been issued thereunder, and to place such boulevard in reasonably good condition again, and in such case the said rail- way companies, jointly and severally, agree to refund to the South Park Commissioners any and all expenses which said South Park Commissioners may be at in doing such work. Sec. 9. The said railway companies, jointly and sev- erally, and their respective lessees, successors and as- signs, by the acceptance of this ordinance respectively agree that they and each of them will forever indemnify and save harmless the said the South Park Commis- sioners from any and all damages, judgments, decrees, costs, attorney's fees and expenses for which the said the South Park Commissioners may be liable, or which may be recovered by reason of the passage of this or- dinance, or the construction, maintenance and use of the said elevated structure, or of any telegraph or sig- nal device placed thereon by said railway companies, or either of them, or by reason of the construction, maintenance or operation of said elevated railways (or the depression of the said boulevard under said ele- vated structure), or in any way resulting from the pas- sage of this ordinance, or from the exercise by said railway companies, or either of them, of any of the pow- ers or privileges herein in this ordinance granted, or acts required to be performed; and if the South Park Commissioners shall be required to defend any suits brought on account of the passage of this ordinance, or any of the acts done by the said railway companies, or either of them, under the same, then the said rail- way companies, jointly and severally, agree to pay a MUTUAL FUEL GAS COMPANY. 263 reasonable amount for attorney's fees incurred by the South Park Commissioners in defending the same. Sec. 10. The said railway companies, jointlj^ and severally, agree by the acceptance of this ordinance to forever light the said subway heretofore authorized to be constructed, in such manner as may be at any time directed by the South Park Commissioners, by order or resolution therefor. Sec. 11. This ordinance shall take effect and be in force as soon as the said Lake Shore «fe Michigan South- ern Riiilway Company and the Chicago, Rock Island & Pacific Railway Company, shall each file their formal acceptance with the secretary of the South Park Com- missioners, provided, however, that if said acceptance shall not be filed with the said secretary, as aforesaid, within sixty days from the passage of this ordinance, then this ordinance shall be void and of no effect. MUTUAL FUEL GAS COMPANY. RESOLUTION GRANTING PERMISSION TO THE MUTUAL FUEL GAS COMPANY TO LAY PIPES ACROSS MIDWAY PLAIS- ANCB. [PASSED APRIL 9, 1890.] Resolved, That the Mutual Fuel Gas Company have permission to cross the Midway Plaisance at its inter- section with Cottage Grove avenue subject to the fol- lowing conditions, viz.: First. After laying the pipe the trench shall be well puddled when being back filled, and the surface left in as good condition as before opening. Second. The pipe shall be laid in such a manner as not to entirely obstruct the 60th street crossing of Cot- tage Grove avenue at any time, a good safe crossing being maintained. 264 MISCELLANEOUS ORDINANCES. Third. The usual regulations in all cases where openings are made in the streets as to damages, barri- cades and signals shall apply. Fourth. The Mutual Fuel Gas Company hereby agree that they will alter the location of their pipes, or entirely remove them from across the Midway Plais- ance, should the improvements made or to be made therein require, in the judgment of the South Park Commissioners, such alteration or removal, and imme- diately upon the order of the South Park Commis- sioners, and at no expense to the said Commissioners. PET!^NSYLVANIA COMPANY. ORDINANCE GRANTING PERMISSION TO ELEVATE THE TRACKS OF THE PITTSBURG, FORT WAYNE & CHICA- GO RAILWAY COMPANY ACROSS GARFIELD BOULEVARD. [PASSED NOVEMBER 27, 1896.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That consent, authority and permission are hereby granted to the Pennsylvania ComjDany, ope- rating the Pittsburgh, Fort Wayne & Chicago Railway to elevate the plane of its railway tracks across Gar- field boulevard in accordance with the provisions and upon the conditions in this ordinance set forth. Sec. 2. The structure to be erected over and across the said boulevard shall consist of three spans. The northerly span shall be supported at its north end upon a stone abutment constructed north of the north line of the said boulevard, and at its south end upon iron columns located a short distance south of the south line of the north driveway of said boulevard, as herein- after provided for. The southerly span shall be sup- ported at its south end upon a stone abutment con- structed south of the south line of said boulevard, and PENNSYLVANIA COMPANY. 265 at its north end upon iron cohimns located a short dis- tance north of the north line of the south driveway of said boulevard. The middle span shall be supported respectively upon the north and south supports of the northerly and southerly spans. Sec. 3. The surface of the boulevard shall pass be- neath the said elevated structure by means of a subway under said tracks to be constructed by said company, wholly at its own expense, which subway shall be so constructed that a minimum clearance or head room of nor less than thirteen and one-half feet shall be maintained at all points between the roadways in said subway and the overhead structure, and so that the toi> of the said roadways shall be 12i feet above the plane commonly called "City Datum" in the City of Chicago, under the entire distance of said elevated structure; and the sidewalks in said subway shall be so constructed that a minimum clearance, or head- room, shall be maintained at all points of not less tlian eight feet and ten inches between the highest point of said sidewalks and the lowest point of said overhead structure. The floor of the said elevated structure across said boulevard shall be fabricated in iron or steel, and shall be of the character technically desig- nated and known as "solid construction" so as to be tightl}" floored over its entire length and width. Sec. 4. Said company shall construct two roadways in Garfield boulevard, eacli fovtj feet in width, from a point two hundred and seventy (270) feet west of their right of way to a point two hundred and seventy (270) feet east of their right of way, and so graded as to pass under the elevated structure of said railway with the minimum clearance as provided in the foregoing sec- 266 MISCELLANEOUS ORDINANCES. tion. The north line of the north driveway shall be placed fifteen feet south of the north line of the boule- vard, and the south line of the south driveway shall be placed fifteen feet north of the south line of the boule- vard. Except where there is a stone curb wall, said driveway shall be constructed with combined concrete curb and gutter on each side thereof. Said driveways shall be paved or macadamized with a macadam paA^e- ment not less than nine inches in thickness — ^similar to the pavement of the roadways of Garfield boulevard immediately east and west thereof. The space be- tween said driveways to be constructed as aforesaid, shall be properly graded up for a planting space, ex- cept under the said elevated structure, and there such space shall be paved with a vitrified brick pavement upon a grade as nearly level with the planting space of said boulevard on either side of said elevated struc- ture as practicable. The said company shall also construct and maintain an outlet sewer, with such number of catch basins and manholes as shall be directed by the Superintendent of the South Park Commissioners, for the purpose of draining the said subway, and which server, catch- basins and manholes shall be so constructed and main- tained as to fully drain the same into some city sewer designated by the Park Commissioners and in a man- ner satisfactory to said South Park Commissioners. The sidewalks and all necessary cross walks shall be restored or constructed by said company so as to conform to the provisions of this ordinance, and so as to meet the approval of the Superintendent of the South Park Commissioners. The said company shall do all the work and furnish all the additional material PENNSYLVANIA COMPANY. 267 required in order to carry out the provisions of this section, wholly at its own expense. Sec. 5. The streets and alleys which open into or intersect Garfield boulevard where the said approaches are to be constructed shall be properly graded down into the boulevard at the expense of said company, and repaved where they are now paved. Sec. 6. If in the construction of said subway, or the aproaches thereto, it shall become necessary to change the location of any water pipe, sewer, or electrical con- duit, the same may be deflected from the position in which they are found and placed in brick conduits especially constructed for that purpose and carried en- tirely around said subways on either side thereof, or the same may be lowered; but all of said work shall be done by and at the entire expense of the said com- pany. Sec. 7. The plans and specifications for the said elevated stinicture, and for the columns and stone ma- sonry supporting the same, and for the construction of the said subway, and the depression and construc- tion of the driveways, pavement and sidewalks, as well as the construction of said sewer, and the changing of said water pipes, sewer and electrical system, as well as all other work to be done in accordance with the provisions of this ordinance, shall be submitted to and approved by the South Park Commissioners, or by their Superintendent, before any work shall be done under this ordinance, and such plans when so approved shall be taken to constitute a part of this ordinance, and all of the work upon or in connection with any of the matters or things provided to be done under this ordinance shall be done and performed subject to the 268 MISCELLANEOUS ORDINANCES. inspection and approval of the Superintendent of the South Park Commissioners, but wholly at the expense of said company. Sec. 8. Permission and authority are hereby given to said company, whenever the same shall be necessary in carrying on the work of elevating its tracks, as herein authorized, to temporarily obstruct said boule- vard, or part thereof, in such manner and for such length of time as may be approved by the Superintend- ent of the South Park Commissioners; and the said company is hereby authorized in the prosecution of said work to erect and maintain a temporary structure or structures across said boulevard which shall be nec- essary or convenient to enable it to prepare for or to erect the permanent elevated structure herein provided for subject to like approval of the Superintendent of the South Park Commissioners; and, if at anytime, the said work shall not be prosecuted with reasonable rapidity, or in proper manner, then the South Park Commissioners reserve the right to remove any ob- struction and to stop the said work and to take full possession and control of that portion of said Garfield boulevard, notwithstanding this ordinance and any permit which may have been issued thereunder, and to place such boulevard in reasonable condition again; and in such case the said company agrees to refund to the South Park Commissioners any and all expenses which said South Park Commissioners may be at in do- ing such work. Sec. 9. The said company, and its successors and assigns, by the acceptance of this ordinance, agrees that it, and each of them, will forever indemnify and save harmless the said South Park Commissioners PENNSYLVANIA COMPANY. 269 from any and all damages, judgments, decrees and costs, attorneys' fees and expenses for which the said South Park Commissioners may be liable, or which may be recovered by reason of the passage of this ordi- nance, or the construction, maintenance and use of said elevated structure, or of any telegraph or signal device placed thereon by said company, or by reason of the construction, maintenance, or operation of said elevated railway, or the depression of the said boule- vard under said elevated structure, or in any way resulting from the passage of this ordinance, or from the exercise by said company of any of the powers or privileges herein in this ordinance granted, or acts required to be performed; and if the South Park Com- missioners shall be required to defend any suits brought on account of the passage of this ordinance, or any of the acts done by said company under the same, then said company agrees to pay a reasonable amount for attorneys' fees incurred by the South Park Com- missioners in defending the same. Sec. 10. The said railway company agrees by the acceptance of this ordinance to forever light the said subway, heretofore authorized to be constructed, in such manner as may be at any time directed by the South Park Commissioners by order or resolution therefor. Sec. 11. It is hereby expressly provided that unless the work herein provided to be done by the said com- pany shall be completely finished on or before two years from the passage of this ordinance, then the con- sent and authority hereby granted shall be null and void and of no effect. Sec. 12. This ordinance shall take effect and be in 270 MISCELLANEOUS ORDINANCES. force as soon as the Pennsylvania Company, operating the Pittsburgh, Fort Wayne &' Chicago Railway, shall file its formal acceptance with the Secretary of the South Park Commissioners; provided, however, that if said acceptance shall not be filed with the said Sec- retary, as aforesaid, within sixty days from the passage of this ordinance, then this ordinance shall be void and of no effect. PITTSBURG, CINCINNATI, ClilCAGO & ST. LOUIS RAILWAY COMPANY. ORDINANCE GRANTING THE RIGHT TO THE PITTSBURG, CINCINNATI, CHICAGO AND ST. LOUIS RAILWAY COM- PANY TO LAY TWO ADDITIONAL MAIN TRACKS ACROSS WESTERN AVENUE BOULEVARD. [PASSED OCTOBER 12, 1892.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That permission and authority be and the same are hereby granted to the Pittsburg, Cincin- nati, Chicago & St. Louis Railway Company to lay down, maintain and operate two main tracks across the Western Avenue boulevard in the City of Chicago, Cook County, Illinois, in addition to the two main tracks heretofore laid down, maintained and operated across said boulevard by said railway company, in the manner and subject to the provisions and restrictions hereinafter contained. Sec. 2. The said four tracks as well as the two tracks of the Chicago & Northern Pacific Railroad Com- pany authorized to be laid by ordinance of the South Park Commissioners adopted November 2, 1891, and the present tracks of the Union Stock Yards and Tran- sit Co. shall be laid, maintained and operated across p., C, C. & ST. L. RY. CO. 271 said boulevard at the present grade of said railwa}' company in conformity with the plat of said tracks, which plat is incoi^jjorated herewith and made part of this ordinance; the scale, side track and switches of said railway company now^ in said boulevard shall be removed. Sec. 3. Said Railway Company shall construct its tracks across said Boulevard with an iron guard rail on the inside of each of the rails thereof, and shall plank said crossings and keep the same in repair to the full width of said Boulevard, all under the direc- tion of the Superintendent of said South Park Com- missioners; and said Railway Company shall not change the gTade of its tracks across said Boulevard without the consent of said South Park Commissioners ; and said Railway Company shall at its own cost and expense furnish and deliver suitable material for con- structing, repairing and maintaining the approach to said tracks, including both the driveways and planting spaces of said Boulevard, at such places and at such times as shall be directed by said South Park Com- missioners, and all alterations made necessary in said Boulevard to make the driveways and planting spaces thereof conform to the grade of said railway tracks, as herein specified, shall be made at the sole cost and ex- pense of said Railway Company and under the super- vision and direction of the Superintendent of said South Park Commissioners; and the said Railway Com- pany shall also pay any and all expense incurred in the removal of trees, made necessary by the construction of said crossing, and the full value of such trees as shall be destroyed thereby. Sec. 4. The said Railway Company shall, whenever 272 MISCELLANEOUS ORDINANCES. SO directed by the South Park Commissioners, keep and maintain a flagman at such crossing of said boulevard, or shall construct and maintain gates thereat as shall be required by the South Park Commissioners to in- sure the safety of persons using said Boulevard. Sec. 5. The said Kailway Company shall at no times and under no circumstances permit any of its cars or locomotives to stand upon said tracks, or any of them, to the obstruction of travel upon said Boulevard or any part thereof. Sec. 6. The permission, authority and privileges hereby granted are upon the further express condition that the said Eailway Company, whenever so directed by the South Park Commissioners in compliance with any general order in regard to the construction of via- ducts and the lowering of the tracks crossing the Boulevards under the control of said South Park Com- missioners in any particular district, shall pay their just and equitable proportion of the cost of construct- ing and maintaining a viaduct over said Boulevard and railway crossing, and shall lower the said tracks in the manner required by said South Park Commission- ers. Sec. 7. The privileges hereby granted are upon the further express condition that the said Railway Com- pany shall at all times comply with and be subject to all general and special ordinances of said South Park Commissioners now in force, or which may hereafter be passed concerning the use and occupation of said Boulevard and the running and operating of cars there- on or across the same by railway companies, or in re- gard to the elevation of railroad tracks crossing said p., C, C. & ST. L. RY. CO. 273 Boulevard, so far as the same appl}^ or relate to tbe privileges hereby granted. Sec. 8. The permission and authority hereby grant- ed are upon the further exi)ress condition that the said I\ailway Company shall forever indemnify and save harmless the said South Park Oommissioners from any and all legal action, damages, decrees, and the costs and expenses of the same which may be recovered or obtained against the South Park (\miniissioners for or by reason of or growing out of, or resulting from the l>assage of this ordinance, or any matter or thing ( on- neeted therewith, or by the exercise by the company of the i)r'ivileges her(d)y granted, or from any act or acts of said compau}^ under or by virtue of this ordinance. Sec. 9. Should the said company at any time fail to comply with the conditions and provisions of this ordinance, or any of them, or with the general ordi- nances of the South Park Commissioners, the said South Park Commissioners may order the said tracks to be taken up and removed by said company, and on its failure so to do within ten days after notice of such order, may cause the same to be taken up and removed at the expense of the said company. Sec. 10. All the provisions of this ordinance shall be e(jually binding upon the said railway company, its successors, assigns, and lessees. Sec. 11. This ordinance shall be in force only from and after the written acceptance of the same and its provisions by the said Pittsburg, Cincinnati, Chicago and St. Louis Railway Company, duly signed and un- der its corporate seal, shall be tiled with the Secretary of the South Park Commissioners. Unless such ac- ceptance shall be so filed within thirty days of the time 274 MISCELLANEOUS ORDINANCES. of the passage hereof, this ordinance shall be null and void. UNIVERSAL GAS COMPANY. ORDINANCE GIVING PERMISSION TO THE UNIVERSAL GAS COMPANY TO LAY AN 8 INCH GAS MAIN IN THE EAST SIDE OF COTTAGE GROVE AVENUE FROM A POINT 100 FEET NORTH OF THE CENTER LINE OF 51ST STREET TO A POINT 350 FEET SOUTH THEREOF, AND IN THE EAST SIDE OF COTTAGE GROVE AVENUE ACROSS THE MIDWAY PLAISANCE. [PASSED NOVEMBER 14, 1894.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. That in consideration of the undertaking by the Universal "Gas Company to comply with the con- ditions of this ordinance, permission is hereby given to said Universal Gas Company to lay an 8-inch gas main in the east side of Cottage Grove Avenue from a point 100 feet north of the center line of Fifty-first Street to a point 350 feet south thereof, and in the east side of Cottage Grove Avenue across the Midway Plais- ance. See. 2. The gas main shall be placed to the lines and grades given by the South Park Commissioners. Sec. 3. The work of laying the gas main shall be done when and where, and in such manner as shall be specified by the Park Commissioners in the permit issued to said company, and said company shall deposit with the Park Commissioners, before the issuing of such permit, an amount satisfactory to said Park Com- missioners to cover the expense of repairing any dam- age which may be done in the laying of said gas main. Sec. 4. The Park Commissioners shall replace all road material that is displaced by the opening of the trench, and the Universal Gas Company shall pay to WORLD'S COLUMBIAN EXPOSITION. 275 the Park Commissioners all the expense and costs thereof. Sec. 5. If at any time the conditions and restrictions imposed by the Park Commissioners are not complied with, or should the Park Commissioners in making fur- ther improvements in these localities, deem said gas main an obstruction, or think it advisable to have same relaid to other lines, or entirely removed from these streets, then said Universal Gas Company agrees to re- move or relay said gas main as ordered by the South Park Commissioners, and to replace the roadway and boulevards in perfect order and condition as they now are, all at the expense of said Universal Gas Company, and to comply with the orders and conditions of said Park Commissioners in relation thereto. Sec. 6. That the permission hereby granted is to be temporary and subject to such further restrictions as said Park Commissioners, or their successors, may, from time to time, deem necessary, and also subject to be wholly revoked in the discretion of the Park Com- missioners. Sec. 7. This ordinance shall be in force from and after its acceptance by said Universal Gas Company, but unless accepted within thirty days from the pass- age thereof this ordinance shall be null and void. WORLD'S COLUMBIAN EXPOSITION. • ORDINANCE TO ALLOW THE USE OF JACKSON PARK AND THE MIDWAY PLAISANCE FOR THE PURPOSES OF THE WORLD'S COLUMBIAN EXPOSITION. [PASSED SEPTEM- BER 19, 1890.] Whereas, At Act of the General Assembly of tlie State of Illinois entitled, "An Act in relation to the 276 MISCELLANEOUS ORDINANCES. World's Columbian Exposition," provides that in case the site or sites for the holding- of the World's Colum- bian Exposition, as finally located and fixed by the au- thorities in charoe thereof, shall include any part of any public park which is or may be under the control and management of the Park Commissioners, then, and in that event, it shall be competent, and express au- thority for such purpose is thereby granted to the Park Commissioners having the control and management of such public park, to aHow the use thereof, or any part thereof, for the purposes of the World's Colum- bian Exposition, upon sucli terms and conditions as may be agreed upon between the said Park Commis- sioners and the authorities liaving the management of said exposition; and Whereas, Said Act furtlier provides that tlie said Park Commissioners in charge of the public grounds, or any part thereof designated and selected as the site of the whole or any part of said exposition, shall have authority, in their discretion, to issue and sell bonds to an amount not exceeding f 500,000, the proceeds oP said bonds to be applied to the improving of the grounds under their control selected as aforesaid for said exposition; said power, however, not to be exer- cised until the proposition to issue such bonds shall have been submitted to the vote of the legal voters of such park district and receive a majority of the votes cast at such election ; and Whereas, The World's Columbian Exposition, a cor- poration organized under the laws of the State of Illi- nois for the purpose of said exposition, have offered to the World's Columbian Commission, appointed under an Act of Congress of the United States, Jackson Park WORLD'S COLUMBIAN EXPOSITION. 277 and the Midway riaiBance as the site for a part of the said exposition, and the said Commission has accepted the same for the pnrposes of said exposition; and Whereas, A proposition to issne bonds to an amount not exceeding;- 1500,000, n])()n the terms and in tlie man- ner and for the purposes specified in said Act of the (reueral Assembly of the State of Illinois, is to be snb- mitt(Ml to the leg'al voters of the park district comi)ris- iug the towns of South Chicago, Hyde Park and Lake: BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS: Section 1. Permission and authority are hereby given to the World's Columbian Exi)osition, a corpora- tion, to use Jackson I'ark and the Midway Plaisauce for the purposes of the World's Columbian Exposition ui>on the terms and conditions hereinafter set forth. Sec. 2. The said corporation, the World's Colum- bian Exposition, at an^^ time after the acceptance of this ordinance and the approval of the first bond to be given by said corporation as hereinafter set forth, shall have the right to enter upon said premises and take possession of such portions thereof as may be necessary in constructing the buildings and making other prepa- rations for snch exposition, and may make such changes in and such use of said premises, or any part thereof, as may be necessary for the purposes of such exposition. Sec. 3. The said corjtoration, the Worhl's Columbian Exposition, shall have the right to enclose Jackson Park and the Midway Plaisanc(% or eilher of theui, by a fence or wall, jn-ovidcd, however, that the entrances to Jackson Park and I he roadways across the Midway Plaisance shall not be closed prior to the first mbian Exposition should have the right to remove all such buildinns and constructions from said premises, ])rovided that all such buildings and constructions which should be upon the north eighty- four acres of Jackson Park should Ix^ nMuoved prior to the first da}- of May, 1894, and all the buildings and constructions upon the other ])ortions of saiarts of said Washington Park as shall then be in the pos- session of the said World's Columbian Exposition, shall be restored to the possession of said South Park Commissioners, except such portions thereof as shall be actually occupied by the buildings or other construc- tions of the said World's Columbian Exposition, but 294 MISCELLANEOUS ORDINANCES. the said corporation, the World's Columbian Exposi- tion, shall have the right to remove all such buildings and constructions from said premises, provided that all of such buildings shall be removed prior to the first day of May, 1S94, and all such buildings and construc- tions which shall not be removed at that time shall be- come the property of the South Park Commissioners. Sec. 7. The use of the portions of Washington Park hereinbefore mentioned is granted upon the further ex- press condition that in case the World's Columbian Exposition shall determine to use a" considerable por- tion thereof, for the purposes of said exposition in such a manner as shall require the enclosing of a consider- able portion thereof, then and in that event the right to use the north eighty-four acres (84) of Jackson Park being the present fully improved portion thereof here- tofore granted by the said ordinance passed on the nineteenth day of September, 1890, shall be abrogated. And, if the said World's Columbian Exposition shall enter upon the said improved portion of Jackson Park and take possession thereof for the purposes of said exposition, then the said corporation shall have no right to enclose any portion of Washington Park un- der the provisions of this ordinance. If the said cor- poration, the World's Columbian Exposition, shall en- ter upon Washington Park and take possession of any portion thereof for the purpose of preparing the same for the use of said exposition in such a manner as will require the enclosure of any portion of said park, then the permission and authority to use the said improved portion of Jackson Park, contained in the ordinance heretofore passed by the South Park Commissioners upon the said nineteenth day of September, 1890, shall WORLD'S COLUMBIAN EXPOSITION. 295 be entirely abrogated and all rights thereunder to the use of such improved portion thereof forfeited. Sec. 8. The use of Washington Park is granted for the purposes of said exposition upon the further ex- press condition that the said park, if used by said World^s Columbian Exposition, shall be used during the periods above mentioned only for the purjjoses of said exposition and subject to the foregoing terms and conditions, and also upon the further express condition that the portions of said park so used shall be surren- dered to the South Park Commissioners in as good a condition as they now are. An acceptance of this or- dinance by the World's Columbian Exposition shall constitute on its part an agreement to fully comply with all the terms and conditions of this ordinance. Sec. 9. This ordinance shall be accepted in writing by the said corporation, the World's Columbian Expo- sition, within twent}^ days after its passage, otherwise it shall be null and void. The said corporation, the World's Columbian Exposition, shall also file a bond in the penal sum of fifty thousand dollars (|50,000) to be approved by the South Park Commissioners, said bond to be conditioned for the faithful performance of all the terms and conditions herein prescribed and also to indemnify and save harmless the South Park Com- missioners against all damages on account of the use of said grounds for the purposes of said exposition or the passage of this ordinance. The said World's Columbian Exposition shall also, before the removal of any of its buildings or construc- tions placed upon said Washington Park file with said South Park Commissioners an additional bond in the penal sum of fifty thousand dollars (|50,000) with good 296 MISCELLANEOUS ORDINANCES. and yiifficient sureties, conditioned for the faithful per- formance of all the terms and ^conditions herein pre- scribed, and also to indemnify and save harmless the South Park Commissioners against all damages on account of the use of said grounds for the purposes of said exposition or the passage of this ordinance. COMMUNICATION FROM THE WORLD'S COLUMBIAN EXPO- SITION. [READ JANUARY 23, 1893.] "Extract from the minutes of the Executive Com- mittee of the World's Columbian Exposition, held Jan- uary, 4th, 1898. Resolved, That the Secretary be instructed and di- rected to transmit a copy of the action of the executive committee of October 6th, 1892, relative to an encamp- ment of troops in Washing-ton Park, to the Board of South Park Commissioners and to state to said board that it is the sense of the executive committee that this corporation has no claim upon Washington Park for the uses of the exposition, and does not and will not assert any claim thereto. I hereby certify that the above is a true and correct copy of an extract from the minutes of the executive committee of the World's Columbian Exposition, held January 4th, 1893, and that I am the lawful custodian of the records of said committee. Witness my hand and the seal of the coi'poration this 20th day of January, A. D. 1893. (Seal.) (Signed) H. O. EDMONDS, Secretary. WORLD'S COLUMBIAN EXPOSITION. 297 AN ORDINANCE REPEALING AN ORDINANCE ENTITLED "AN ORDINANCE TO ALLOW THE USE OF WASHINGTON PARK FOR THE PURPOSES OF THE WORLD'S COLUMBIAN EXPO- SITION. [PASSED JANUARY 23, 1893.] BE IT ORDAINED BY THE SOUTH PARK COMMISSIONERS. Section 1. That the ordinance entitled "An ordi- nance to alloAV the use of Washington Park for the pur- poses of the World's Columbian Exposition," passed September 23d, 1890, be and the same is hereby re- pealed. INDEX. Abusive language 33, § 76 ; 38, § 91 Act, lewd or indecent 38, § 91 Actions — see Suits. Advertisements, display of 35, § 82 Advertisements, distribution of circulai'S, etc 38, § 93 Alms, receiving in parks 36, § 87 Amendments to statement of cause of action 6, § 3 Animals, in park waters, disturbing 34, § 78 Animals, cruelty to 37, § 89 Animals, domestic, at large 13, § 20 Animals, driving of 13, § 21 Animals, hitched when standing 16, § 32 Animals, hitching to lamp posts, etc 16, § 29 Animals, leading 14, § 23 Animals, on grass and footpaths 14, § 25 Animals, prohibited 13, § 22 Animals, sending into waters 34, § 78 Animals, two abreast 14, § 24 Annual meeting 30, § 65 Arrest, without process 8, § 9 Arrest, who may make 8, § 10 Ashes on sidewalks, etc 35, § 83 Assessment, authorized for making boulevards of uniform width 104, § 3 Assessment, how made 58, § 7 Assessment, proceedings under 75 § 3 Assessment, payment of, with bonds 65, § 17 Assessment, improvement of streets taken for boulevards. . . .87, § 2 amendment 89, § 1 Assessment, improvement of streets taken for boulevards 93, § 2 Assessment, improvements by, commissioners authorized to levy 126, § 1-2 Assessment, improvement by, proceedings 127, § 3-22 Assessment, maintenance of boulevards, assessor — duty 124, § 4 Assessment, maintenance of boulevards, notice of confirma- tion — objections 3 24, § 3 Assessment, maintenance assessment roll of boulevards. .. .123, § 2 Assessment, maintenance of boulevards, who may levy — limitl22, § 1 300 INDEX. Assessors to be appointed 58, § 7 Assistants, appointment x 42, § 104 Atchison, Topeka & Santa Pe R. R 169 Attire — see Dress. Attorney 44 § 114 Awnings 22, § 47 B. Bail, arrest at nigtit or Sunday 10, § 14 Bail, judgment against surety 10, § 14 Bail, property taken as 9, § 13 Bail, sale of personal property 10, § 14 Bail, special 9, § 12 Balconies, projecting into streets 21, § 45 Band, parade of .34, § 77 Bathing in waters of parks 34, § 78 Beggars, imprisonment of 40, § 99 Begging 36, § 87 Bells on sleigh 14, § 23 Bicycle as bail — pledge 9, § 13 Bicycle, club runs 34, § 77 Bicycle — see Vehicles. Bills, filed with secretary 28, § 61 Bills, payment of 28, § 61 Bills, posting of 35, § 81 Birds, killing or throwing at 38, § 92 Bond, of commissioners 54, § 1 Bond of contractor 27, § 58 Bond, obstruction on streets 23, § 50 Bonds, for deficiency 61, § 8 Bonds, improvement for Fair 120, § 4 Bonds issued to retire old bonds 71, § 2 Bonds issued, original 68, § 2 Bonds, ordinance to issue bonds for World's Fair Improve- ment 172 Bonds, payment of assessment with 65, § 17 Books, obscene 39, § 96 Boulevards, assessment for improvement of streets taken 87, § 2 Boulevards, building material on, plans to be submitted 23, § 49 Boulevards, commissioners authorized to take streets for 87, § 1 Boulevards, improvement of streets taken for 93, § 2 Boulevards, maintenance of = 122 Boulevards, moving buildings on 24, § 51 Boulevards on Lake Shore, extension of Ill, § 1 Boulevards, on Lake Shore, plan of, etc 112, § 2 Boulevards, on Lake Shore, submerged lands , . . 112, § 3 INDEX. 301 Boulevards, power of commissioners over 88, § 3 Boulevards, special assessment for maintenance of 122 Boulevards, taking up roadway, bond 23, § 50 Boulevards, streets taken as 91 Boulevards, streets taken as, by commissioners 93, § 1 Boulevards, streets taken as, power of commissioners over.. 94, § 3 Boundaries, alterations in, damages 82 § 4 Boundary lines, original 135 Boundary lines, situation of 137 Boundary lines, alteration of, under order of court 145 Breach of peace 36, § 86 Buildings, awnings 22, § 47 Buildings — extension over boulevards, etc 21 § 44 Buildings — injury to 34, § 79 Buildings — moving of on streets 24, § 51 Buildings — projection of lamps, windows, balconies, etc 21, § 45 Buildings — vaults 22, § 46 Building material on streets, bond 23, § 50 Building material on streets, plans submitted 23, § 49 Building material, permit for deposit 25, § 52 C. Carriage walks, composition 17, § 35 Carriage walks, grade and location 18, § 37 Carriage walks, how laid 18, § 36 Carriage walks, width 17, § 34 Cause of action — see statement of. Charter, authorizing park district 53 Charter, amendment to 68 Cheating device 39, § 97 Chicago City Railway Company, across Drexel boulevard, at Forty-seventh street 232 Chicago City Railway Company, crossing Garfield boulevard, at Ashland avenue 207 Chicago City Railway Company, across Garfield boulevard, at Ashland avenue, and Western avenue at Archer avenue, change to electric power 225 Chicago City Railway Company, crossing Garfield boulevard " at Wentworth avenue and Halsted street 201 Chicago City Railway Company, crossing at Garfield boule- vard and State street 198 Chicago City Railway Company, across Garfield boulevard at Center avenue 238 Chicago City Railway Company, across Garfield boulevard, at Halsted street, change in motive power 214 Chicago City Railway Company, crossing at Grand Boulevard 196 302 ■ INDEX. Chicago City Railway Company, crossing Grand boulevard and Mictiigan avenue, at Forty-seventh street 209 Chicago City Railway Company, across Michigan avenue, Grand boulevard, Drexel boulevard, at Forty-third street; Michigan avenue, at Twenty-sixth street; Western ave- nue boulevard, at Archer avenue 205 Chicago City Railway Company, across Michigan avenue at Twenty-sixth street, Thirty-first street and Forty-third street; across Grand boulevard at Forty-third street; and Drexel boulevard at Forty -third street; change to electric power 221 Chicago City Railway Company, crossing Michigan avenue at Thirty-first street 199 Chicago City Railway Company, across Michigan avenue at Thirty-ninth street; Grand boulevard at Thirty-ninth street, and Garfield boulevard at Wentworth avenue; change to electric power 217 Chicago City Railway Company, across Michigan avenue at Fifty-first street; change to electric power 235 Chicago City Railway Company, crossing Oakwood boulevard, Drexel entrance, Midway Plaisance 203 Chicago City Railway Company, across Thirty-fifth street at Indiana avenue, and across Michigan avenue at Eight- eenth street; change in motive power 241 Chicago City Railway Company, across Western avenue boule- vard at Forty-seventh street 229 Chicago City Railway Company, across Western avenue boule- vard at Thirty-fifth street; amendment regarding motive power 213 Chicago City Railway Company, across Western avenue boule- vard at Thirty-fifth street 211 Chicago, Rock Island & Pacific Railway Company, elevation of tracks over Garfield boulevard 257 Chicago Telephone Company 245 Chicago & Calumet Horse & Dummy Railway Company 180 Chicago & Northern Pacific Railroad Company 182 Chicago & South Side Rapid Transit Railroad Company 186 Chicago & Western Indiana Railroad Company 189, 193 Circulars, distribution of 38 § 93 Clerks, appointment 42 § 104 Coal on planting spaces, etc 35 § 84 Commissioners, appointment by Governor authorized. ..... .109, § 2 Commissioners, appointment by Governor illegal — See note.. 110 Commissioners, board of 54 § 1 Commissioners declared corporate authorities 70, § 1 Commissioners, first appointed 53, § 1 Commissioners, judges not to appoint 109, § 1 INDEX. 303 Commissioner not to have personal interest in contracts 63 § 11 Commissioners' oath 54 § 1 Commissioners, power of, over lands acquired from municipal- ity 102 § 2 Commissioners, power over streets taken as boulevards 88 § 3 Commissioners, power over submerged lands 112, § 3 Commissioners, power to govern parks 64, § 13 Commissioners, power to take streets adjoining parks 69, § 5 Commissioners, removal 69, § 4 Commissioners, report of, to County Board 84, § 5 Commissioners, term of office 54, § 2 Commissioners to receive city park funds 64, § 16 Commissioners, vacancies 55, § 2 Commissioners vacancy for non-attendance 64, § 14 Commissioners, vacancy, how certified 110, § 3 Commitment 10, § 16 Committees 30, § 67 Common, travel on 34, § 80 Complaint, warrant to issue 7, § 7 Condemnation, assessment, how made 58, § 7 Condemnation, assessors appointed 58, § 7 Condemnation, deficiency for acquiring lands 61, § S Condemnation of lands to be taken 57, § 5 Condemnation, to make boulevards of uniform width 103, §§ 1-2 Consent to transfer of parks 102, § 1 Construction of words, etc 45, § 118 Continuance — special bail 9, § 12 Contracts, advertised 27, § 56 Contracts, commissioners no personal interest 63, § 11 Contracts, contractor's bond 27, § 58 Contracts, execution of 27, § 57 Contract, for free water 158 Corporate authorities, commissioners declared to be 70, § 1 Corporate authorities, commissioners are, cases cited 85 Costs, suit for 6, § 4 Crossings, obstructions by railroads 50, § 130 Cross-walks, obstructions on 16, § 31 Cruelty to animals 37, § 89 D. Danger signals, on obstructions 25, § 53 Deficiency for acquiring lands, bonds 61, § 8 Deformed person, exposure of 37, § 90 Deposit, openings for house connections 19, § 40 Deposit, refunding of, for connections 20, § 43 Disorderly conduct 36, § 86 304 INDEX. Disorderly person, what may constitute 38, § 91 Disturbance .^ 36, § 86 Domestic animals — see Animals. Dress of other sex, appearance in 36, § 88 Dress, scant or indecent, etc 36, § 88 Drexel boulevard, Chicago City Railway Company crossing at Forty-third street 205 Drexel boulevard, Chicago City Railway Company crossing at Forty-third street; change to electric power 221 Drexel boulevard, Chicago City Railway Company crossing at Forty-seventh street 232 Drexel entrance, crossing of Chicago City Railway Company... 203 Drexel entrance, main of Universal Gas Company, across 274 Driveways on Lake Shore Ill Driveways on Lake Shore, title and control of made lands. ..113, § 4 Drives to public parks 87 Drunkards, imprisonment of 40, § 99 Drunkenness 33, § 76; 39, § 95 E. East Jackson street — see Jackson street. Election confirmed 70, § 6 Election, submission of charter to voters 65, § 18 Employes, interference with 33, § 74 Engineer 44, § 112 Escape from police 48, § 126 Expenditures, resolution of board necessary 29, § 62 Exposition — see World's Fair. F. Fence around grass plots 36, § 85 Field Columbian Museum 125 Field Columbian Museum, to be maintained in Jackson Park.. 246 Field Columbian Museum, located in Lake Park 163, §§ 3-6 Fine, imprisonment for non-payment 11, § 17 Fine, maximum, where minimum only expressed 45, § 117 Fine, power to remit 11, § 18 Fine, suit for 6, § 3 Fire-arms 33, § 73 Fire-works 33, § 73 First process, summons 6, § 5 Fishing in park waters 34, § 78 Flag, etc., display of 34, § 77 Flagman, at railroad crossings 50, § 128 Foot paths, animals and vehicles on 14, § 25 INDEX. 305 Forfeitures, suit for 6, § 4 Fortune-telling 33, § 76 Funds, surplus, application of 84, § 5 Funeral procession 15, § 27 G. Gamblers, imprisonment of 40, § 99 Gambling, any game to cheat or defraud 39, § 97 Games, of chance 33, § 76 Games to cheat or defraud 39, § 97 Games, frightening horses with 33, § 72 Games, playing of 32, § 71 Garbage on sidewalks, etc 35, § 83 Gardener 44, § 113 Garfield boulevard, Chicago City Railway Company crossing at Wentworth avenue and Halsted street 201 Garfield boulevard, Chicago City Railway Company crossing at Wentworth avenue, change to electric power 217 Garfield boulevard, Chicago City Railway Company crossing at Center avenue ." , 238 Garfield boulevard, Chicago City Railway Company crossing at Halsted street, change to electric power 214 Garfield boulevard, crossing of Chicago City Railway Com- pany 198 Garfield boulevard, Chicago City Railway Company crossing at Ashland avenue, change to electric power 225 Garfield boulevard, Chicago City Railway Company crossing at Ashland avenue 207 Garfield boulevard, crossing of Chicago & Northern Pacific Railroad Company 182 Garfield boulevard, crossing of C. & S. S. R. T. R. R 186 Garfield boulevard, crossing of C. & W. I. R. R. Co 189, 193 Garfield boulevard, elevation of tracks of L. S. & M. S. Ry. Co. and C, R. I. & P. R. Co 257 Garfield boulevard, elevation of P., F. W. & C. R. R. Co. tracks, across 264 Gates at railroad crossings 50, § 128 Goods in street, etc 39, § 94 Grand boulevard, crossing of C. C. R. Co. 196 Grand boulevard, C. C. Ry. Co. crossing at Thirty-ninth street, change to electric power 217 Grand boulevard, C. C. Ry. Co. crossing at Forty-third street, change to electric power 221 Grand boulevard, C. C. Ry. Co. crossing at Forty-third street.. 205 Grand boulevard, crossing of Chicago C. Ry. Co. at Forty- seventh street 209 306 INDEX. Grass, animals and vehicles on 14, § 25 Grass plots— nsee Planting Spaces. , H. Hand bills, distribution of 38, § 93 Highway, closing of, by commissioners 63, § 10 Hooden 252 Horses, frightening, by sport. 33, § 72 House connections, deposit 19, § 40 House connections, deposit refunded 20, § 43 House connections, how made 19, § 42 House connections, openings for, permit 18, § 39 House connections, stop-cock boxes 18, § 38 House connections, removal of sidewalks 19, § 41 Hyde Park Gas Co., main across Midway Plaisance 251 I. Imprisonment for non-payment of fine 11, § 17 Improvement and maintenance of parks 105 Improvements by special assessment — see Assessment. Indecent acts 33, § 76; 38, § 91 Injury to park property 34, § 79 J. Jackson Park, Japanese Building, in 252 Jackson Park, use of, for World's Fair 275 Jackson street, ordinance of city making transfer 154 Jackson street, ordinance transferring street, amendment to.. 157 Jackson street, ordinance taking 159 Jackson street, resolution accepting 161 Japanese Building in Jackson Park 252 Judgment, against surety 10, § 14 Judgment, commitment 10, § 16 L. Lake Park, ordinance taking control of 166 Lake Park, ordinance of city transferring part of park 162 Lake Shore & Michigan Southern Ry. Co., tracks over Gar- field boulevard 257 Lamps on vehicles, lighted 1 6, § 30 Lamps, projecting into streets, etc 21, § 45 Lands, condemnation authorized 57, § 5 Lands, change in lands described in original charter 68, § 1 Lands, change in boundary - 137 INDEX. 307 Lands, made by extension of shore drives, title and control of 113, § 4 Lands, map of 58, § (> Lands originally taken 135 Lands, sale of, not needed for park purposes 108 Lands, submerged, power of board 112, § 3 Lands to be taken, description of 55, § 4 Language, obscene or abusive 33, § 76; 38, § 91 Lewd act or behavior 36, § 88; 38, § 91 Life saving station 255 Lights, prismatic 23, § 48 Logan Monument, commissioners appointed 114, § 1 Logan Monument, commissioners, compensation of 114, § 2 Logan Monument, appropriation 115, § 3 Logan Monument, location in park authorized 115, § 1 M. Map of lands taken 58, § 6 Maximum fine where minimum only expressed 45, § 117 Meetings, annual 30, § 65 Meetings, quorum 30, § 66 Meetings, regular 30, § 63 Meetings, special 30, § 64 Meetings, vote 31, § 69 Mendicants, imprisonment of 40, § 99 Merchandise, etc., in street 39, § 94 Michigan avenue to Thirty-fifth street, taken by commis- sioners 147 Michigan avenue to Thirty-fifth street, ordinance of city.. 148 Michigan avenue, between Thirty-fifth and Fifty-fifth streets, taken 150 Michigan avenue, between Thirty-fifth and Thirty-ninth streets, city ordinance tiansfering 150 Michigan avenue, between Thirty-ninth and Fifty-fifth streets, Hyde Park ordinance 152 Michigan avenue, C. C. Ry. Co. crossing at Eighteenth street, change to electric power 241 Michigan avenue, crossing of C. C. Ry. Co. at Twenty-sixth street 205 Michigan avenue, C. C. Ry. Co. at Twenty-sixth street, Thirty- first street and Forty-third- street, change to electric power 221 Michigan avenue, crossing of C. C. Ry. at Thirty-first street. . 199 Michigan avenue, C. C. Ry Co. crossing at Thirty-ninth street, change to electric power 217 Michigan avenue, C. C. Ry. Co. crossing at Forty-third street. 205 308 INDEX. Michigan avenue, crossing of C. C. Ry. Co. at Fort3'-seventh street 209 Michigan avenue, C. C. Ry. Co. at Fifty-first street 235 Michigan avenue, crossing of C. & S. S. R. T. R. R. Co 186 Midway Plaisance, use of for World's Fair 275 Midway Plaisance, crossing of C. C. Ry. Co 203 Midway Plaisance, main of Universal Gas Co., across 274 Midway Plaisance, Mutual Fuel Gas Co., pipes across 263 Military company, etc., drill, etc., of 34, § 77 Misdemeanor, bathing or disturbing animals in park waters. .34, § 78 Misdemeanor, breach of peace, disturbance, etc 36, § 86 Misdemeanor, ci-uelty to animals 37, § 89 Misdemeanor, displaying placards 35, § 82 Misdemeanor, drunkenness 39, § 95 Misdemeanor, dumping coal on sidewalks, etc 35, § 84 Misdemeanor, exposure of deformed person 37, § 90 Misdemeanor, fence around grass plots 36, § 85 Misdemeanor, firearms, missiles and fireworks 33, § 73 Misdemeanor, frightening horses by sport 33, § 72 Misdemeanor, game or device to cheat or defraud 39, § 97 Misdemeanor, games 32, § 71 Misdemeanor, garbage on roadways, etc 35, § 83 Misdemeanor, indecent dress or act 36, § 88 Misdemeanor, indecent language, gambling, drunkenness 33, § 76 Misdemeanor, injury to park property 34, § 79 Misdemeanor, interference with employes 33, § 74 Misdemeanor, killing birds 38, § 92 Misdemeanor, obscene books, etc 39, § 96 Misdemeanor, obstruction of streets with goods, etc 39, § 94 Misdemeanor, openings in sidewalks 40, § 98 Misdemeanor, parades, runs, banners, etc 34, § 77 Misdemeanor, peddling, etc 33, § 75 Misdemeanor, posting notices, bills, etc 35, § 81 Misdemeanor, removal of snow from walks 40, § 100 Misdemeanor, travel, on grass 34, § 80 Misdemeanor, vagrancy 36, § 87 Misdemeanor, vagrants, beggars, prostitutes, imprisonment of.40, § 99 Misdemeanor, what may be disorderly person 38, § 91 Missiles, throwing in parks, etc 33, § 73 Money, expended on resolution 29, § 62 Moving buildings on streets 24, § 51 Museums in parks, erection and use 125, § 1 Musical instrument, playing of 34, § 77 Mutual Fuel Gas Company, pipes across Midway Plaisance... 263 INDEX. SOS N. Notices, posting of 35, § 81 Nudity, appearance in state of 36, § 88 Nuisance, what may constitute 39, § 94 O Oakwood boulevard, crossing of C. C. Ry. Co 203 Oakwood boulevard, crossing of C. & C. H. & D. Ry 180 Oath of commissioners 51, § 1 Obscene books and pictures, etc 39, § 96 Obscene language 33, § 76; 38, § 91 Obstructions in streets, permit 25, § 52 Obstructions, goods and merchandise 39, § 94 Obstructions, danger signals, sidewalk 25, § 53 Obstructions, removal by commissioners 26, § 54 Offense, two penalties for same, one recovery 45, § 116 Offenses, different — recovery for one violation no bar 6, § 5 Office, term of 54, § 2 Officers of the board 54, § 2 Officers of the board, election of 55, § 3 Officers, attorney 44, § 114 Officers, clerks and assistants 42, § 104 Officers, engineer 44, § 112 Officers, gardener 44, § 113 Officers, not provided by charter 42, § 102 Officers, removal of 42, § 103 Officers, salaries 42, § 105 Officers, secretary, duties 43, § 106-8 Officers, superintendent 43, § 110-111 Officers, treasurer 43, § 109 Openings in sidewalks 40, § 98 Order in Circuit Court, entered May 20, 1872 140 Ordinance of city transferring Lake Park 162 Ordinance of city transfei'ring Jackson street 154, 157 Ordinance of Hyde Park, transfer of Michigan avenue be- tween Thirty-ninth and Fifty-fifth streets 152 Ordinance of city, transfer of Michigan avenue, between Thirty-fifth and Thirty-ninth streets 150 Ordinance of city, transferring Michigan avenue to Thirty- fifth street 148 Ordinances, construction of words, etc 45, § 118 Ordinances, in writing 31, § 68 Ordinances, record of 45, § 115 310 INDEX. Pamphlets, distribution of 38, § 93 Parades of bands, etc 34, § 77 Park property, injury to 34, § 79 Parks, altering location, damages 82, § 4 Parks, change in boundary 137 Parks, government and control of 64, § 13 Parks, lands originally taken 55, § 4 Parks, lands, description of 135 Parks, streets adjoining, may be taken 69, § 5 Parks, use of for World's Fair 120, § 3 Parks under control of municipality, municipality may vest control 103, § 4 Parks under control of municipality, power of commissioners over 102, § 2 Parks under control of municipality, reversion to corporate authorities 103, § 3 Parks under control of municipality, transfer authorized . . . 102, § 1 Payment of bills, filed and presented to board 28, § 61 Peddling 33, § 75 Person, exposure of mutilated or deformed, etc 37, § 90 Penalties, suit for 6, § 4 Penalties, two, only one recovery 45, § 116 Penalty, general 12, § 19 Penalty, violation of Chap. II 16, § 33 Penalty, violation of Chap. IV 26, § 55 Penalty, Chap. VII 41, § 101 Penalty for not maintaining flagmen 50, § 129 Penalty, obstructing at railroad crossing 51, § 131 Penalty, where not provided 46, § 119 Pennsylvania Company 264 Pictures, obscene, selling or giving away 39, § 96 Pittsburg, Cincinnati, Chicago & St. Louis, additional tracks across Western avenue 270 Pittsburg, Fort Wayne & Chicago R. R. Co., elevation of, across Garfield boulevard 264 Placards, display of 35, § 82 Plans of boulevards extended on Lake Shore 112, § 2 Planting-spaces, ashes and garbage on 35, § 83 Planting-spaces, dumping coal on 35, § 84 Planting-spaces, fence around 36, § 85 Police, appointment and removal 47, § 122 Police, number, captain 47, § 120 Police, duties 48, § 124 Police, escape from, assisting to 48, § 126 INDEX. 311 Police, impersonation of 48, § 127 Police, interference with 48, § 126 Police, powers 48, § 125 Police, requirements 47, § 121 Police, resisting 48, § 126 Police, special 48, § 123 Posting notices, etc 35, § 81 President's power to remit fine 11, § 18 Prismatic lights 23, § 48 Prisoners, detention till trial 9, § 11 Processions, funeral 15, § 27 Procession, military company, etc .' 34, § 77 Projections in streets, etc 21, § 44 Projections — lamps, windows, balconies, etc 21, § 45 Prosecutions — see Suits. Prostitutes, imprisonment of 40, § 99 O. Quorum 30, § 66 R. Railroads, obstructing crossings 50, § 130 Railroads, penalty for not maintaining flagmen 50, § 129 Railroads, to maintain flagmen or gates 50, § 128 Railroad, Atchison, Topeka & Santa Fe Railroad 169 Railroad, Chicago City Railway Company 196 Railroad, Chicago, Rock Island & Pacific Railroad Company elevation of tracks over Garfield boulevard 257 Railroad, Chicago & Calumet Horse & Dummy Railroad Com- pany 180 Railroad, Chicago & Northern Pacific Railroad Company 182 Railroad, Chicago & South Side Rapid Transit Railroad Com- pany 186 Railroad, Chicago & Western Indiana Railroad Company. .. .189, 193 Railroad, Grand Trunk Railroad, crossing Western avenue. . . 248 Railroad, Lake Shore & Michigan Southern Railway Com- pany, elevation of tracks over Garfield boulevard 257 Railroad, Pennsylvania Company, elevation of, across Gar- field boulevard 264 Railroad, Pittsburg, Cincinnati, Chicago & St. Louis, addi- tional tracks across Western avenue 270 Record of ordinances 45, § 115 Record, secretary to keep 43, § 107 Recovery, only one, where two penalties 45, § 116 Report of commissioners to County Board 84, § 5 3-12 INDEX. Reports, action on deferred 31, § 70 Reports in writing , 31, § 68 Reversion of streets taken as boulevards 94, § 4; 88, § 4 Riot 36'§86 Roads, closing of, by commissioners 63, § 10 S. Salaries 42, § 105 Sale of lands not needed 108 Sale of articles in parks, etc 33, § 75 Seal of commissioners 55, § 2 Secretary, duties 43, § 106-8 Sidewalks around obstruction 25, § 53 Sidewalks, dangerous openings in 40, § 98 Sidewalks, dumping coal on 35, § 84 Sidewalks, garbage on 35, § 83 Sidewalks, goods and merchandise on 39, § 94 Sidewalks, removal of for openings 19, § 41 Sidewalks, removal of snow from 40, § 100 Sleigh, bells on 14, § 23 Snow, removal of, from walks 40, § 100 Soliciting passengers for vehicles. 15, § 26 Special assessment— see Assessment. Speed of vehicles 14, § 24 Statement of cause of action 5, § 2 Statement of cause of action, amendments to 6, § 3 Statement of cause of action, defect in form 6, § 3 Statement of cause of action, several persons included 6, § 3 Statutes, act authorizing park district, Feb. 24, 1869 53 Statutes, act athorizing renewal bonds and special assess- ment, June 16, 1871 70 Statutes, amendment to charter, April 16, 1869 68 Statutes, act authorizing taking of streets and their improve- ment, April 9, 1879 87 Statutes, act amending an act in relation to streets taken as boulevards, June 16, 1885 89 Statutes, act to amend act in relation to streets taken as boulevards, June 17, 1895 91 Statutes, act authorizing taking of streets as boulevards, June 21, 1895 93 Statutes, act to authorize transfer of public parks to commis- sioners, April 11, 1885 102 Statutes, act in relation to widening streets taken, June 14, 1887 103 Statutes, one mill tax, authorized June 26, 1885 105 Statutes, one mill additional tax authorized June 17, 1893.. 106 INDEX. 313 Statutes, two mills additional tax authorized June 17, 1895... 107 Statutes, sale of lands not needed for park purposes, June 16, 1887 108 Statutes, appointment by judges prohibited. May 30, 1891 109 Statutes, extension of drives on Lake Shore authorized, June 4, 1889 Ill Statutes, act authorizing Logan monument, Feb. 10, 1887 114 Statutes, act permitting location of Logan monument in park. May 31, 1887 115 Statutes, act in relation to World's Fair, Aug. 5, 1890 117 Statutes, special tax for maintenance of boulevards, June 17, 1893 122 Statutes, museums in parks, June 17, 1893 125 Statutes, local improvements by special assessment, June 24, 1895 126 Stop-cock boxes 18, § 38 Street, merchandise, etc., in 39, § 94 Street railroads — see Railroads. Streets, adjoining parks, may be taken 69, § 5 Streets, termini of, in extended shore drive 113, § 5 Streets taken as boulevards, amendment 91 Streets taken as boulevards, commissioners may take 93, § 1 Streets taken as boulevards, power granted, consents 87, § 1 Streets taken as boulevards, condemnation to make of uni- form width, authorized 103, § 1-2 Streets taken as boulevards, consent of corporate authorities and abutting property owners necessary 93, § 1 Streets taken as boulevards, controlled by commissioners 94, § 3 Streets taken as boulevards, improvement of, by special as- sessment 93, § 2 Streets taken as boulevards, improvement of streets already taken 95, § 6 Streets taken as boulevards, municipality may confer con- trol 89, § 5 Streets taken as boulevards, municipality may vest control . . 95, § 5 Streets taken as boulevards, power of commissioners over. . .88, § 3 Streets taken as boulevards, reversion of, to corporate author- ities 88, § 4 Streets taken as boulevards, reversion of, to original authori- ties 94, § 4 Streets taken as boulevards — note and decisions 95 Suit, continuance 9, § 12 Suit, first process 6, § 5 Suit, for fines, etc 6, § 4 Suits, how brought ^ 5, § 1 Suits, penalty on conviction — see Penalties. Suit, statement of cause 5, § 2 314 INDEX. Suit, statement of cause, several persons included 6, § 3 Suits, statement of cause, defect in iform 6, § 3 Suits, trial, manner of 10, § 15 Summons, first process 6, § 5 Summons, form of 6, § 6 Superintendent 43, § 110-111 Superintendent, authority of 43, § 110 Superintendent, order of commissioners to 44, § 111 Superintendent, shall be engineer 44, § 112 Surplus funds, application of 84, § 5 T. Tax, yearly, estimate for 62, § 9 Tax, one mill tax authorized tor maintenance 105 Tax, one mill additional authorized 106 Tax, two mills additional authorized 107 Taxation, property of commissioners exempt 64, § 15 Thirty-fifth street, part of, taken 147 Thirty-fifth street, part of, city ordinance transferring 148 Thirty-fifth street, C. C. Ry. Co. crossing at Indiana avenue, change to electric power 241 Traffic wagons prohibited 15, § 28 Transfer of parks to commissioners 102 Travel, on "common" only 34, § 80 Treasurer 43, § 109 Trees, etc., injury to 34, § 79 Trial, commitment 10, § 16 Trial, mannei of 10, § 15 U. United States Life Saving Station 255 Universal Gas Company 274 V Vacancies 55, § 2 Vacancy, how certified to Governor 110, § 3 Vagrancy defined 36, § 87 Vagrants, imprisonment of 40, § 99 Vaults 22, § 46 Vehicles, bearing placard 35, § 82 Vehicles, drawing more than one at a time 14, § 28 Vehicles, interference with by sport 33, § 72 Vehicles, lamps lighted at night 16, § 30 Vehicles, not more than two abreas* 14, § 24 INDEX. 315 Vehicles, obstructing walks 16, § 31 Vehicles, obstruction of ways 15, § 26 Vehicles, on grass and foot paths 14, § 25 Vehicles, bells on sleigh 14, § 23 Vehicles, soliciting passengers for 15, § 26 Vehicles, speed of 14, § 24 Vehicles, traffic wagons prohibited 15, § 28 Vote, original charter to be submitted to 65, § 18 Vote, fair bonds to be submitted to vote 120, § 4 Vote, manner of 31, §69 TV. Washington Park, use of, for World's Fair 291 Washington Park not needed by World's Fair 296 Washington Park, ordinance allowing use of, for World's Fair, repealed 297 Warrant, form of 7^ § g Warrant, issue on complaint 7^ § 7 Warrants, manner of drawing 28, § 59 Water, free, contract providing for 158 Ways, obstruction of, by vehicles 15, § 26 Western avenue boulevard, C. C. Ry. Co. crossing at Archer avenue 205 Western avenue boulevard, C. C. Ry. Co. crossing at Archer avenue, change to electric power 225 Western avenue boulevard, C. C. Ry. Co. crossing at Thirty- fifth street 211 Western avenue boulevard, C. C. Ry. Co. crossing at Thirty- fifth street, amendment changing motive power 213 Western avenue boulevard, C. C. Ry. Co. crossing at I'^orty- seventh street 229 Western avenue boulevard, crossing of A., T. & S. F. R. R 169 Western avenue boulevard, crossing of C. & N. P. R. R. Co. . . 182 Western avenue boulevard, Grand Trunk crossing 248 Western avenue boulevard, additional tracks of P., C, C. & St. L. R. R. Co., across 270 Windows, projecting into streets, etc 21, § 45 Words, construction of 45, § 118 Work, must be authorized by resolution 29, § 62 World's Fair — bonds to improve parks — vote 120, § 4 World's Fair bonds, ordinance to issue, for improvement.... 172 World's Fair, lands under control of city may be used for. . .118, § 2 World's Fair, ordinance allowing use of Jackson Park, Mid- way Plaisance, for 275 World's Fair, amendment to ordinance allowing use of Jack- son Park 281 316 INDEX. World's Fair, ordinance to allow use of Washington Park... 291 World's Fair, ordinance for settlement with 285 World's Fair, parks may be used 120, § 3 World's Fair, resolution concerning claims against 283 World's Fair, use of state lands authorized 117, § 1 World's Fair, Washington Park, not needed 296 V. Yearly tax, estimate for 62, § 9 ¥^^%^ Vi_ '^ -■■^- -'-'^^ /-.v^m /f'f%^t#-.;Jf%. M'^^v'tj^! .... M^ >*^-.. f?^> -v-:s$.. .i#>> .^.^^ 4*^^ ,,.se^.. '^ >^- im 9 ^-^ff-- -N-/ '• / •■■.'■ #- -^^ UNIVERSITY OF ILLINOIS-UHBANA 3 0112 062372450 >^