Marshall v. Silliman

Citations

• 61 Ill. 218

Syllabus

<p>1. Constitution—subscription to railroad, stock. An act authorizing a township to vote to subscribe for stock to a railroad, aud to issue bonds in payment of the same, is allowable under the constitution of 1848.</p> <p>2. Subscription for railroad stock-—notice—conditions. Where the requisite number of persons petition the supervisor to call an election for the purpose of voting whether the township shall subscribe for stock and issue bonds to pay therefor, and name a number of conditions of subscription, and the supervisor gives a notice without specifying any conditions, aud the vote results in favor of subscription, the omission to specify the conditions in the notice will not invalidate the bonds.</p> <p>3. Election—-for two propositions on the same day. Where a notice was given that a vote would be had on a particular day to vote for and against subscribing $35,000 t-o the stock of a railroad, and subsequently another notice was given for an election on the same day for another subscription to the same road, for another sum, both elections were legal. One did not invalidate the other.</p> <p>4. But the latter sum being voted in a town meeting, without any authority, it was void, and conferred no power on the town authorities to issue railroad bonds. The law having limited the subscription to $35,000, the vote of the town meeting was wholly unauthorized.</p> <p>5. Void election—curative law. In case of such a void proceeding, the legislature has no power, under the constitution, to pass a law rendering the election and subscription valid. It would be to compel a municipal corporation to incur a debt for purely' a local municipal purpose.</p> <p>6. The legislature has no power to authorize a supervisor and town clerk to create a corporate debt without the consent of the people, as the power to impose taxes or to create a corporate debt is not incident to their offices. But even if such power existed under a curative act of this character, it will not be infer