Cornell v. People ex rel. Walsh

Citations

• 107 Ill. 372
• 1883 Ill. LEXIS 273

Syllabus

<p>1. Municipal corporations—how far subject to legislative control. There is no doubt in regard to the general proposition that the legislature has the power to control municipal bodies which it has created, and may, as a general rule, alter or amend the act of incorporation at pleasure; but all such changes must be subject to such limitations as may be imposed by the constitution of the State.) It may enlarge or diminish the corporate powers of the South Park Commissioners of Cook county.</p> <p>2. Same—who are, “corporate authorities,” upon whom the power of taxation may be conferred. The “corporate authorities” intended by the constitution upon whom the power of taxation may be conferred, are such municipal officers as may have been elected directly by the people of the district, or appointed in some mode to -which the people of the district have given their assent. The people of such bodies must assent to the conferring and exercise of such powers by electing the authorities, or must, by a vote for the charter, assent to their appointment by some other officer or person.</p> <p>3. The clause in the constitution of 1848 that the corporate authorities of cities, etc., may be vested with power to assess and collect taxes for corporate purposes, such taxes to be uniform in respect to persons and property, etc., and a similar clause in the present constitution, is held a limitation upon the power of the legislature to confer the right to assess and collect taxes upon any other piersons than the corporate or local authorities of the municipality or district to be taxed.</p> <p>4. Board op dark commissioners—considered as a municipal corporation—with power of taxation. The people of the towns affected by the Park act of 18G9, having, by a vote, accepted its provisions, the board of park commissioners thereby created became a municipal corporation, in whom the legislature might vest power to assess and collect taxes within the park district for the special corporate pu