Chicago, Danville & Vincennes R. R. v. Smith

Citations

• 62 Ill. 268

Syllabus

<p>1. Constitutional law—general rule. The question of the repugnancy of a law to the constitution is one of great delicacy ; and the judiciary, in justice to the rights of a co-ordinate department of the State government, ought not, and will not, declare a law to be void, except, upon the most deliberate and mature consideration, its repugnance to the constitution is clearly manifest to the understanding.</p> <p>2. Same. The judicial department being created under the constitution to construe and administer the law, has nothing to do with the policy or expediency of an act of the legislature. The mere fact that an act may be mischievous in its effects, burdensome upon the people, in conflict with our conceptions of natural right, abstract justice, or pure morality, or of doubtful propriety, will not justify the courts in holding it to be beyond the scope of legislative authority.</p> <p>3. Taxation—corporate authorities. Town officers, under the township system, making an appropriation to a railroad company, in pursuance of law, upon the vote of a majority of the legal voters of the town authorizing the same, are “ corporate authorities ” of a municipal corporation, who are authorized to levy taxes under the constitution of 1848.</p> <p>4. Taxation—corporate purpose. A tax or appropriation for a corporate purpose is one for the benefit of the inhabitants of the municipality. Taxes levied by township authorities to aid in the construction of a railroad is a corporate purpose ; and, in this respect, the distinction between a donation in aid of a railroad and a subscription to the capital stock of the corporation, is more shadowy than real. The power is granted in consideration of the public benefits, and these are as great in one case as in the other.</p> <p>5. Same—railroads whether private or public. If it were true that railroad corporations are strictly private, that the benefits resulting to the public from the construction of railroads are purely incidental, an