Gaddis v. Richland County

Citations

• 92 Ill. 119

Syllabus

<p>1. Municipal corporation—derives all its powers from grant. A municipal corporation can only exercise the powers conferred by the charter of its organization, and such powers must be by express grant or such as follow by reasonable implication as necessary to perform duties imposed or privileges conferred when the means of their accomplishment are not specified.</p> <p>2. Same—power to create a debt or subscribe for stock in railroad. The power to create a debt by a county, or to subscribe for stock in a railroad, or to issue bonds to raise money to aid in its construction, must be conferred by grant from the law-making power, and when the grant is made and the power is conferred, the authority must be substantially pursued.</p> <p>3. Same—power of legislature to impose debts to be paid by taxation. The 5th section of article 9 of the constitution of 1848 was a limitation on the power of the legislature to impose a tax upon municipal corporations for corporate purposes, and prohibited that branch of the government fr.om creating municipal indebtedness to be paid by taxation imposed on the property in such municipalities, unless the corporate authorities in some manner manifested their assent.</p> <p>4. Same—mode prescribed must be followed in execution of power. The legislature, in conferring powers upon municipal corporations, may impose such terms and conditions as it chooses, and if a particular mode is prescribed in which a power shall be exercised, the municipality can not adopt a different one, or if the power is conferred on one set of officials or individuals, it can not act through or by a different set of officials or persons.</p> <p>5. Municipal subscription—election must be called by the proper authority. Where power has been conferred upon the county court of any county, though the county may be under township organization, as the body to call an election upon the question of subscribing to the capital stock of a railroad company by the county, and w