Dingman v. People

Citations

• 51 Ill. 277

Syllabus

<p>1. University op Chicago—the restraint upon the sale of liquors within one mile thereof. That clause in the charter of the University of Chicago, which provides, that a place where intoxicating liquors are sold, or furnished for other than medicinal or mechanical purposes, and located within one mile of the site of such university, shall be declared a nuisance, and subject to abatement as such, is repealed by the act of February 13,1863, revising the charter of the city of Chicago, whereby the power to grant or refuse licenses for the sale of liquors, within the city limits, is conferred on the mayor and city council.</p> <p>2. Statutes—repealed by implication. Where there is a clear repugnance between two acts of the general assembly, the later expression of the legislative will, will be regarded as a repeal of the former. So, where the former act prohibited a certain thing to be done, and a subsequent act granted the power to permit or prohibit the same thing to be done, there is such a repugnance between them, in that respect, that the later statute will be held to operate as a repeal of the former.</p> <p>3. Chant op power—to a corporation—what constitutes. A clause in the charter of the University of Chicago, which prohibits the sale of liquor within one mile thereof, was not a grant of power to the corporation on that subject, but was a prohibition by the legislature itself; and in this there is a distinction between this case and the Dartmouth College case, as there, the power attempted to be controlled by the legislature had been conferred upon the college authorities, to be exercised by them.</p> <p>4. Vested rights—police power of-the State. But, even if the legislature had given to the University of Chicago the power to prohibit the sale of liquors within prescribed limits, it being a part of the police power of the State, it could be resumed at the pleasure of the legislature, for the police power of a State cannot be made the subject of an irrevocabl