Board of Supervisors of Jackson County v. Brush

Citations

• 77 Ill. 59

Syllabus

<p>1. Municipal subscription and bonds—who must determine conditions upon lohich hands are voted. If the people ot a county vote a subscription in aid of a railway company, to be paid in bonds of the county upon certain conditions precedent, the county authorities can not delegate power to others to determine when the conditions are performed, but must determine that fact themselves, as tli-e authorized agents of the people. This is an official trust, which can not be delegated.</p> <p>2. If the issue of county bonds in aid of a railway company is duly authorized by a vote of the people, the bonds to be delivered upon certain conditions, the county board has no lawful power to issue the same in blank as to date, and place them in the hands of trustees, to be dated and delivered when the conditions are performed. They should not be issued until performance of the conditions.</p> <p>3. Same—when disposition of may he enjoined.' If county bonds are issued and placed in the hands of individuals, for a railway company, before performance of the conditions upon which they were voted, they being improperly in such persons’ hands, any disposition of them, except delivering them back to the county authorities, may be enjoined.</p> <p>4. Same—burden of proof where subscription is made after the adoption of the new constitution. Where a municipal subscription to a railway company, made subsequent to the adoption of the present constitution, is sought to be upheld, the burden of proof rests upon the cotupany to show affirmatively that the same had been authorized under existing- laws by.a vote of the people of the municipality, prior to the adoption of the present constitution.</p> <p>o. Same—under the act of 1849, limited. Under the general railroad law of 1849, municipal subscriptions to the capital stock of a railroad company could not exceed $100,000.</p> <p>6. Same—when a, majority of all legal voters required. Under the railroad law of 1849, no authority was given to issu