Board of Supervisors of Logan County v. People ex rel. Commissioners of Highways of the Towns of West Lincoln & Sheridan

Citations

• 116 Ill. 466

Syllabus

<p>1. Bridges—county aid—of the time of making the application. A bridge was washed away in February, 1883, while the Bead law of 1879 was in force. About the last of May following, the commissioners of highways met and agreed to rebuild the same, and in May or June, 1883, made a contract for a new wooden bridge, to be set upon piles, and obtained a county appropriation to aid in its construction, which was not drawn. The contractor went to work in August, 1883, and found it impracticable to build a pile bridge, when he was released, on September 10, 1883. On proper notice a contract was let for the building of an iron bridge on stone abutments, andón the next day the commissioners presented their petition to the county board, setting up the making of the contract, with the reasons and necessity therefor, and asking for an appropriation of one-half of the contract price. The county board appropriated a part only, and refused to give any further aid: Held, that if the petition to the county board showed the facts required by section 19 of the Boad law of 1883, to authorize an appropriation of any part of the amount demanded, the county board had no discretion to refuse the whole amount named in the petition, and that the application was not made too late.</p> <p>2. Same — emergency ■—destruction of bridge before act of 1883 took effect. An emergency for the speedy rebuilding of a bridge under section 19 of the Boad and Bridge law of 1883, may exist, although it originated before that law took effect. Under that section it is made the duty of the commissioners of highways to let the contract for the new bridge before applying to the county board for aid, even if the emergency which made it detrimental to the public interests to delay the rebuilding of the bridge, occurred before or after the act of 1883 took effect. The time when the emergency occurred is not material, but rather the fact that délay in rebuilding would be of public detriment.</p> <p>3. Highway—proof o