Brauns v. Town of Peoria

Citations

• 82 Ill. 11

Syllabus

<p>1. Commissioners op highways-—power to bind town. The commissioners of highways can not bind their towns by any contract, or exercise any other powers not conferred on them by statute.</p> <p>2. Same—sources of revenue. The moneys paid for fines and commutation of road labor, a poll tax of not exceeding §2, and the road tax authorized, are all the sources of revenue to which the commissioners of highways can resort for means to keep roads and bridges in repair.</p> <p>3. Same—limit in expenditures. Under the road law of 1872, the commissioners of higirways have no authority conferred upon them to expend money on roads and bridges, in their towns or districts, which is not in the treasury to be expended, or which is not actually provided for by a levy. They can not anticipate a tax to be afterwards levied, and the annual revenue of each year must be devoted to the wants of that year.</p> <p>4. Same—contracts with themselves. It seems a contract made by two highway commissioners with themselves for repairing roads and bridges, where the cost exceeds §25, is illegal, and in violation of the statute. Where the cost exceeds that sum, the law requires the contract to be let to the ■ lowest responsible bidder, after public notice.</p>