Illinois Midland Railway Co. v. Supervisor

Citations

• 85 Ill. 313

Syllabus

<p>1. Municipal subscription—condition as to amount of work done, construed. A proviso in a statute authorizing a municipal subscription to a railway company, that the corporate bonds shall not be delivered until an amount of work shall have been done on the railroad in the town equal in valiie to the amount of the bonds, will be construed, not as referring to earth-work alone, but the word “ work ” will embrace all that enters into the construction of the road-bed complete for the cars.</p> <p>2. Same—alteration of petition for election. Where a petition calling for an election to take a corporate subscription in a railway company, was, on the morning of the election, altered by striking out a clause that the bonds were to be delivered as fast as the work on the road should progress within the town, leaving the statutory condition to apply, that no bonds should be delivered until the value of the work on the road should equal the amount subscribed, it was held, that as the alteration worked no injury on the town, it did not invalidate the election, or work a loss as to the right of the company to have the bonds issued and delivered.</p> <p>3. Same—purchase of another road as a defense. Where, at the time a corporate subscription to a railway company is voted, the law authorizes such company to consolidate or purchase other roads connecting with it, the subsequent exercise of the power given by law, in the purchase of a connecting road, will not defeat the subscription so voted; and if the purchase is unauthorized, it will form no excuse for not paying a subscription previously made.</p> <p>4. Same—fraudulent representations to induce rote. Where the petition for an election, to vote upon taking a subscription by a town for a railroad, provided only that the road should run through the town, without fixing any more definite line, evidence that the officers of the company, at the election, made speeches declaring that the road would be located through the center of t