City of East St. Louis v. Wehrung

Citations

• 50 Ill. 28

Syllabus

<p>1. Municipal coepoeations—power conferred upon—to regulate any calling or business—cannot be delegated to individuals. Where the power is conferred upon municipal corporations to regulate any calling or business, it is so done with the intention that such power shall be exercised by the corporations, and in the mode prescribed; and they are not warranted in delegating a discretionary authority to others, or -to an individual.</p> <p>2. Same—ordinance authorizing an officer of the corporation to exercise a power conferred upon the latter—declared void in a particular case. By the charter of the city of East St. Louis, the power was conferred upon the city council to regulate the selling of spirituous liquors, and by an ordinance of that body prohibiting the sale thereof, under a penalty, without a license, the city treasurer was authorized to grant licenses, and fix the amount to be paid therefor, and, with the concurrence of the mayor, to reject any application for the same. Held, that by such ordinance, the city council attempted to delegate their powers to an officer of the corporation, which action was unwarranted, and that a prosecution could not be maintained for any violation thereof.</p> <p>3. Same—power—alone to be exercised by the corporation. The manifest intention was, in conferring this power upon the city, that it should alone be exercised by the corporate body, under reasonable and proper ordinances, and any attempt to delegate such authority to others, would be unwarranted.</p> <p>4. And until the city council shall, by proper ordinance under their charter, either prohibit the sale of liquor, or regulate its sale, and fix a penalty for a violation thereof, no prosecution can be maintained by the city against a person for selling liquor without a license, as the charter itself fixes no penalty for such act.</p> <p>5. Same—power remains dormant—until, properly exercised. And this power, delegated to the city by its charter, remains dormant, until cal