Falch v. People ex rel. Johnson

Citations

• 99 Ill. 137
• 1881 Ill. LEXIS 158

Syllabus

<p>1. Special assessments — as io the mode of providing means to pay the cost of local improvements — constitutionality of the statute. Section 9 of art. 9 of the constitution provides: “The General Assembly may vest the corporate</p> <p>authorities of cities, towns and villages with power to make local improvements by special assessments, or by special taxation of contiguous property, or otherwise.” Section 1 of art. 9 of the act relating to “ Cities and Villages ” declares that by that act cities and villages are “vested with power to make local improvements by special assessments, or by special taxation, or both, of contiguous properly, or general taxation, or otherwise, as they shall by ordinance prescribe.” The language of the statute is substantially that of the constitution, and is not regarded as any broader in its effect and meaning.</p> <p>Ü. Under the constitutional provision the legislature, in conferring power upon municipal corporations to make local improvements, is not restricted to any one of the modes prescribed in the constitution. It may direct that the cost of such improvements be paid in either mode specified in sec. 9, art. 9, of the constitution, and may by general law invest such corporations with all the power it possesses in that regard, to be exercised by ordinance, as shall be deemed best for the public interests involved.</p> <p>3. Either method adopted for paying the cost of local improvements, by special assessments, by special taxation of contiguous property, or otherwise, will be lawful, if the ordinance providing for the same is not in conflict with the constitution or statute.</p> <p>4. Jurisdiction — as shown by finding of facts. The finding of the court, in its order confirming a special assessment, that due notice, as required by law, was given, of the application, and of the making of the return of the assessment, and of the time for final hearing thereon, will be sufficient to show jurisdiction, where there is nothing in the