Board of Water Commissioners v. People ex rel. City of Springfield

Citations

• 137 Ill. 660
• 27 N.E. 698
• 1891 Ill. LEXIS 1072

Syllabus

<p>1. Springfield water works—under control of city council. The act approved February 21, 1861, entitled “An act to incorporate the Springfield-Water Works Company,” was an amendment to the charter of the city of Springfield, and not a separate and independent act for the creation of a new corporation, with power to act independently of the city council.</p> <p>2. Same—organization of city of Springfield under general law—effect on act to incorporate water works company. By organizing under the .general Incorporation law of 1872, the city of Springfield, through its council, became invested with the full and complete power over the water works of the city, to the exclusion of all other agencies; and the act of 1861, to incorporate the Springfield Water Works Company, being inconsistent with the general law, is no longer applicable to that city, and is repealed.</p> <p>3. The general Incorporation law for cities and villages expressly provides that the provisions of that act, upon a change of the organization of a city from its original organization to organization under that act, shall be applicable to such city, and that “all laws in conflict therewith shall no longer be applicable.”</p> <p>4. It would seem that the powers given by the general Incorporation law to the city council for the management and control of water works are self-executing, and may be rightfully exercised without the passage of an ordinance assuming control over the subject.</p> <p>5. Statutes—when repugnant, later repeals the earlier. Where two statutes are so inconsistent and repugnant that they can not reasonably be reconciled, the later statute will operate as a repeal of the earlier one.</p>