Illinois Central Railroad v. Wren

Citations

• 43 Ill. 77

Syllabus

<p>1. Evidence—published laws. The laws certified by the secretary of State, and published by the authority of the State, must be received as having passed the legislature in the manner required by the Constitution, unless the contrary appears.</p> <p>3. Same — legislative journals. If parties seek to raise the question as to whether the yeas and nays were duly called upon the passage of an act, it is not sufficient to refer the court to the journal, with the expectation'that the court will take judicial notice of all the facts that it discloses.</p> <p>3. Same—of what the court will take judicial notice. Although the court will take judicial notice of all acts of the legislature signed by the governor, and found in the office of the secretary of State, and although for some purposes the court may take judicial notice of the legislative journals, yet it is not the province of the court, at the suggestion or request of counsel, to undertake to explore the journal for the purpose of ascertaining the manner in which a law duly certified went through the legislature, and into the hands of the governor.</p> <p>4. Same—how published law may be impeached. If parties desire to show that a law has been passed without calling the yeas and nays, they must make the requisite proof of that fact, by means of the legislative journals, and introduce that proof into the record.</p> <p>A duly authenticated copy of so much of the original journals as shows the facts relied upon by counsel for impeaching a law prima facie valid must be brought before the court through the record.</p> <p>5. Negligence. Cross or willful negligence on the part of a railroad company will make it liable for injury to an animal, even though the animal be improperly on the track.</p> <p>6. If an animal is suddenly driven on the track by a dog, and there is no fault on the part of the engineer, the company will not be held responsible.</p>