City of Virden v. Allan

Citations

• 107 Ill. 505
• 1883 Ill. LEXIS 289

Syllabus

<p>1. Municipal subscription—properly authorized in special railroad charters, under constitution of 1818. Counties, cities, towns and townships might, under the constitution of 1848, be empowered by general law, by their charters, or the charters of railroad companies, to subscribe for stock in such companies, or even to make donations to aid in constructing railroads.</p> <p>2. Constitutional law—private law, as containing more than one subject. Where a charter to construct and operate a railroad confers power on counties, cities, etc., to subscribe to the capital stock of the company, and issue bonds for the same, such provision is germane to such charter, and does not constitute a different subject from that of power to construct the road, it being but a means adapted to that end. Such a private law is not in violation of the constitutional provision in section 23, article 3, of the constitution of 1848, prohibiting any local or private law from containing more than one subject, and requiring that to be expressed in its title.</p> <p>3. Appeal—direct to this court—as involving constitutional question. To give this court jurisdiction of an appeal directly from the trial court, on the alleged ground that a constitutional question is involved, a constitutional question must really exist and be presented in the ease, and not have been settled by this court. Parties can not confer jurisdiction in such eases by merely assigning an error that a law is unconstitutional, or by presenting such a question in argument, when such question has already been definitely settled.</p>