Mason v. City of Shawneetown

Citations

• 77 Ill. 533

Syllabus

<p>1. Constitutional law—legality of note authorizing the issue of municipal bonds. Where a city was authorized, by its charter, to issue its bonds for the purpose of constructing a levee, but the charter was silent as to the manner of the exercise of this power, and did not require any vote of the people to be had, as a condition to its exercise, and the chy council was empowered to make all ordinances necessary to cany out the various provisions of the charter, it was held, that a vote had under an ordinance duly passed, upon the question of issuing city bonds for levee purposes, prior to the adoption of the present constitution, must be regarded as had in pursuance aflato, within the meaning of the proviso to section 13 of article 19 of the constitution, and that, under such vote taken prior to the adoption of the constitution, the city was authorized to issue its bonds, notwithstanding it, in connection with prior debts, created a corporate indebtedness exceeding five per centum on the value of the taxable property of the city.</p> <p>3. Ordinance—has the effect of law. Where an incorporated city or town is invested by the legislature with power to pass ordinances, an ordinance enacted by the legislative branch of the corporation, in pursuance of the act creating the corporation, and within the power conferred, has the force and effect of a law passed by the legislature, and can not be regarded otherwise than a law of, and within, the incorporation.</p> <p>3. Municipal corporation—powers, how exercised. AVhere a city, by its charter, is authorized to make all ordinances necessary and proper for •carrying into execution the powers specified in the act, and the charter also gives a power to issue city bonds for particular purposes, but is silent as to the mode or manner in which the power shall be exercised, the manner of its exercise will he in the discretion of the city council, except that it must be done under an ordinance on the subject, and the council may p