City of Springfield v. Edwards

Citations

• 84 Ill. 626

Syllabus

<p>1. Injunction—who may enjoin municipal corporation from incurring debts beyond, revenues. A resident and tax-payer of a municipal corporation has such an interest in its affairs, as to entitle him to an injunction to prevent the incurring of indebtedness in excess of that allowed by the constitution and laws.</p> <p>2. Construction—rule as to laws. In the construction of a constitutional provision or statute, resort will be had to the natural signification of the words employed, and in the order and grammatical arrangement in which they are placed, and if, when thus regarded, the words used embody a definite meaning, which involves no absurdity and no contradiction between different parts of the law, then such meaning will be adopted as the one intended.</p> <p>3. Municipal indebtedness — constitutional limitation. A debt payable in the future, or payable upon a contingency, or the happening of some event, such as the rendering of service or the delivery of property, as well as a debt payable presently and absolutely, is within the constitutional prohibition relating to the incurring of debts by municipal corporations, and it makes no difference whether the debt be for current expenses or for something else.</p> <p>4. But appropriations may be made or warrants drawn upon the treasury in anticipation, of taxes to be thereafter collected, provided the tax, at the time of the appropriation, be actually levied, and the legal effect of the contract between the corporation and the individual, made at the time of the appropriation, be such that it shall operate to prevent any liability to accrue on the contract against the corporation. Where a fund is provided to meet the same, the appropriation or warrant creates no liability, but one thing is simply exchanged for another.</p> <p>o. Municipal corporation—liability for not collecting tax to pay appropriations made on its faith. For any failure of the proper officers to collect and pay over taxes in accordance with the a