City of Chicago v. Rumpff

Citations

• 45 Ill. 90

Syllabus

<p>1. Municipal corporations—interpretation of a particular ordinance. Under a power granted to tlie city of Chicago, in its charter, to regulate and license the slaughtering of animals within the corporate limits, the common council passed what was termed an ordinance, in reference thereto, whereby a particular building was designated for the slaughtering of all animals intended for sale, or consumption in the city, the owners of which, Messrs. Reid & Co., were granted the exclusive right for a specified period, to have all such animals slaughtered at their establishment, they to be paid a specific sum for the privilege by all persons exercising it; Reid & Co. to have the option of accepting such proposition, but which was not to take effect until they executed a certain bond therein required: Held, that this action of the corporate authorities could not be regarded as regulating or licensing the business, but was simply a conditional proposition made to Reid & Co., which, if accepted by them, would constitute a contract.</p> <p>2. Same—cannot create monopolies. That this contract tended to create a monopoly, and is therefore void, the corporation having no authority under its charter power to make it.</p> <p>3. Same — objects of— created solely for the public good. Municipal corpora•tions are created solely for the public good, and, to that end, the corporate authorities will be held to a strict exercise of their franchises.</p> <p>4. Same. They cannot confer pecuniary benefits, or grant monopolies to any portion of their communities, or to individual members thereof, hut must exercise their powers for purely legitimate purposes.</p> <p>5. Same—for slight inequalities in acts of—when will not render them invalid. But the adoption of reasonable measures in support of their legal existence will not be invalidated, although slight inequalities in their benefits may result.</p> <p>6. Same — limitation of powers of . A corporation being a mere creature of the law; can