Repository: UIHistories Project: Board of Trustees Minutes - 1908 [PAGE 170]

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UNIVERSITY OF ILLINOIS.

[July 6

In obedience to instructions from the Board of Trustees, made some months ago, I drafted a bill, to be introduced in the last General Assembly, giving to educational boards of State institutions the power to grant rightsof-way over grounds controlled by them. The' bill was not introduced for the reason that I was assured by member's of that body that it could not pass. It was. urged that there was a strong disposition on the part of legislators to restrict rather than enlarge the powers of educational boards. I was informed, however, that the same thing could be accomplished by joint resolution of the House and Senate, and at the suggestion of Senator Gard« ner, although I questioned the legality of the proceedings, I drafted a joint resolution authorizing the board of trustees, under certain restrictions, to grant a right-of-way to the railway company to cross the grounds on a direct line from Daniel street in Champaign to California avenue in Urbaria. Copies of the resolution, with a "blue print" showing route of the proposed line, etc., I furnished to Senator Gardner and other members who assured me the resolution would pass. Subsequently, however, without any intimation to me as counsel for the University or anyone else authorized to represent the University in the matter, a resolution was introduced and passed the Senate granting to the railway company a right-of-way from Oregon street in Urbana across the grounds to John street in Champaign. In addition to the objectionable feature that the resolution took out of the board of trustees any authority to grant a right-of-way, as contemplated by the original resolution, the route proposed was very objectionable in that it passed diagonally through the square of ground immediately south of the Library Building and west of University Hall. A resolution was finally passed, in both bodies of the General Assembly, which granted to the railway company a right-of-way across the campus from California avenue in Urbana to Daniels street in Champaign.- The route proposed by this resolution allows a curve upon a radius of one hundred (100) feet at the intersection of California avenue with Mathews avenue in Urbana, and a curve upon a radius of one hundred (100) feet at the intersections of Wright street with Daniels street and of Wright street with John street in Champaign. I call attention to the fact that the resolution does not allow the board of trustees to grant the right-of-way, but purports to make a direct grant from the State. The right of the State by mere resolution of the Legislature to grant right-of-way over ground in which the State holds title is to my mind questionable. T am not prepared to say positively, that it has not such right. I feel quite sure, however, in view of the facts by which title to the University grounds wras acquired and is now held, that rights-of-way over the campus cannot be legally granted by mere joint resolution of House and Senate. 1 do not believe that power and control of the board of trustees over its grounds can be taken away in such manner. I may say, however, that a concurrence in the action of the Legislature in passing the resolution by the board's acting under it would doubtless put the railway company in the same position that it would be in provided the State held legal title to the grounds. What I mean is this: If as a matter of legal authority, the General Assembly may, by joint resolution, grant a right-of-way over lands in which the State holds legal title, then, although the State does not hold legal title to this land, a concurrence by the board of trustees would give the railway company,full and complete right to construct and operate its railroad across the campus in accordance with the resolution. Respectfully submitted,

O. A. HARKER,

Counsel for the

JOURNAL OF THE SENATE HOUSE JOINT RESOLUTION No. 30.

University.

[May 11

Resolved, By the House of Representatives, the Senate concurring therein, That permission and authority are hereby grant-ed to the Urbana and Champaign Railway, Gas and Electric Company, for itself, its successors and as-