City of Chicago v. Quimby

Citations

• 38 Ill. 274

Syllabus

<p>1. Board of Trade of Chicago. The act of the Legislature of 1859, which conferred upon the Board of Trade power to regulate the inspection of flour, &c., limited to the extent of such authority the power of the city in stick matters conferred by the act of 1857; and the consolidated charter of the city, adopted in 1863, was only a compilation and amendment of its charter. There is no conflict in these charters, and no repeal of the powers delegated to the Board of Trade.</p> <p>2. Statutes—repeal thereof. A repeal by implication only takes place when the provisions of two enactments are repugnant; and whenever a reasonable construction can be given by which both acts may stand, it will be adopted.</p> <p>3. Board of Trade—its power to impose fines. The ordinance of August 24th, 1863, is repugnant to the charter of the city, which limits its power to impose fines to one hundred dollars; beyond this sum it is inoperative.</p> <p>4. Jurisdiction of Justices of the Peace. Under this ordinance, a justice of the peace has jurisdiction.</p>