Gartside v. City of East St. Louis

Citations

• 43 Ill. 47

Syllabus

<p>1. Injunction—to restrain a municipal corporation. Even if an injunction can be decreed to restrain a corporation from the abuse of its franchises, by the adoption of ordinances and acts, which will produce injury to individuals, it must appear that the acts complained of are unauthorized, injurious, and of such a character that proceedings at law will not afford adequate and full relief.</p> <p>2. City—its charter—license required by ordinance. Where a city charter authorizes the common council, to direct, license and control all wagons and other vehicles carrying loads within the city, an ordinance adopted under the charter, requiring persons transporting coal in such vehicles from places within to places outside the city, to obtain a license before such transportation can be made, is not unreasonable and will be sustained if the sum required to be paid therefor is reasonable.</p> <p>3. Same—restraint of trade. Such an ordinance is not in restraint of trade any more than requiring pedlars, brokers, factors, ferrymen, hackmen and others, to procure a license to exercise their various callings and pursuits. They are all required to submit to reasonable exactions. The city being required to keep its streets in repair, it is but reasonable, that those who constantly use them with such vehicles should contribute to their repair, by submitting to the payment of a reasonable sum for a license.</p>