City of Ottawa v. People ex rel. Caton

Citations

• 48 Ill. 233

Syllabus

<p>1. Constitutional law—of the title of a private act. The subject of the act of 7th of March, 1867, entitled “An Act to authorize the Town of Ottawa, in LaSalle County, to erect two bridges across the Illinois & Michigan Canal,” is sufficiently expressed in such title. The adjuncts of that subject are not required to be expressed, or the modus operandi.</p> <p>2. Mandamus—to compel the performance of a certain duty in a particular case. And in such ease, when the act in question provided, that when constructed, the bridges should be maintained, repaired, (and if pivot bridges shall be built,) opened for the passage of boats, by the corporation; IleUl, that by this language an imperative duty was imposed upon the city, to maintain and keep in repair, and open and close these bridges (pivot ones having been built,) for the passage of boats and travelers by land, to compel the performance of which duty, mandamus would lie.</p> <p>3. Same—when performance of duty imposed is discretionary. Where the law imposing a duty upon a municipal corporation, makes the performance thereof discretionary with its authorities, a writ of mandamus to compel such performance, will not lie; but if there is no discretion to act, it is otherwise.</p> <p>4. Former decisions. The cases of The People v. Forquer, Breese, 104; School Inspectors of Peoria v. Grove, 20 Ill. 526 ; The People v. Hilliard, 29 ib. 418, and The People v. Gilmer, 5 Gilm. 242, cited as conclusive of this doctrine.</p> <p>6. Mandamus—in what cases writ will lie. Where the statute prescribes no remedy for the refusal to perform a duty made imperative thereby, or in case of doubt, whether there be another elfectual remedy, the writ will be allowed.</p> <p>6. Same—who may be the relator. The question as to who shall be the relator in an application for a mandamus, depends on the object to be attained by the writ. Where the remedy is resorted to for the purpose of enforcing a private right, the person interested in having t