City of Chicago v. People ex rel. King

Citations

• 80 Ill. 496

Syllabus

<p>1. Municipal corporations—adoption of act of 1872. An election in a city to determine the question of becoming incorporated under the act of 1872, is not invalid on account of the city authorities failing, in the ordinance calling such election and in the notices thereof, to submit at the same time the question of minority representation.</p> <p>2. The statute itself submits the question of minority representation in the city council, at the same time and place that the question of becoming incorporated under the general law of 1872 is submitted, and a vote upon minority representation, at such election, is rightful and legal, without any formal submission or notice thereof.</p> <p>3. Same—sufficiency of notice of election. The statute providing for an election in cities upon the question of incorporation under the act of 1872, requires the mayor and common council to submit the question on the requisite petition, and to appoint a time and place or places at which the vote may be taken, and that the mayor shall give at least thirty days’ notice of such election, etc., but there is no requirement that the notice shall state the places where the election shall be held, or that the question of minority representation is to be voted upon. Therefore, when the places of holding the election are in fact appointed, the proceedings being published, and the notice of the election fails to state the places of voting, the election will not be rendered invalid because the places of voting are not specified in the notice.</p> <p>4. Same—effect of change as to places of holding election. A change in the places of holding an election in a city, of the question of becoming incorporated under the act of 1872, after notice of the election is given, owing to the fact, that in several wards the rooms indicated could not be procured, when the resolution making such changes is published in the corporation newspaper before the day of election,^ will not invalidate the election so held.<