Burr v. City of Carbondale

Citations

• 76 Ill. 455

Syllabus

<p>1. Constitutional law—locating State institutions in locality lidding the highest. The act of April 19, 1869, entitled “An act to authorize cities and towns in Southern Illinois to issue bonds in aid of the Southern Illinois University,” taken in connection with the charter of the University, which makes the location of that institution to depend upon the aid and inducements which may be offered in the different localities, is not liable to any constitutional objection, although such legislation is not calculated to advance the credit and renown of the State, and in the judgment of the court, is unwise and impolitic.</p> <p>2. Same—taxation of one locality more than its just share in a State expenditure. Where a law authorized the imposition of a tax in a county, without any vote of the people, to aid the State in establishing a State institution therein, and the taxable property of such county was also required to bear its proportion of taxation equally with that in the other counties as to the residue of the cost, it was held, that the first tax was compulsory taxation under the general power to tax, and in violation of the constitutional provision requiring such taxation to be equal and uniform.</p> <p>3. Same—whether a tax voted for the 'location’ of a State institution of learning is for a corporate purpose. Where the people of a city, under the authority of a special act of the legislature, voted that the city should donate $100.000 in aid of the Southern Illinois Normal University in the event it should be located in such city, and it was so located, and the bonds regularly issued and put in circulation, it ivas held, on bill filed by the city to enjoin the collection of taxes assessed to pay interest on the same, that such debt was incurred for a corporate purpose within the meaning of the constitutional provision allowing taxation for corporate purposes, and that as the taxation was voluntarily imposed, it's collection would not be enjoined.</p> <p>4. Mu