Baker v. Town of Normal

Citations

• 81 Ill. 108

Syllabus

<p>1. Obdinance—hitching horse to shade tree. An ordinance prohibiting the hitching of any horses to shade trees in the streets, or to any shade tree or fence railing upon any street, or upon private premises, so far as it relates to trees in the public streets, is not void, and the owner of the adjoining property is liable to the penalty if he hitches his horse to such a tree.</p> <p>2. Same—may he void in part and good in part. An ordinance is not necessarily all void because, some part of it may be so.</p> <p>3. Town—control over trees in streets. A town, having control of its streets, with power to improve them, may allow property holders to adorn the same by setting out and caring for shade trees along their premises, and, by so doing, will not lose its control over the trees so planted, and may protect the same as against such parties.</p>