McPherson v. Village of Chebanse

Citations

• 114 Ill. 46
• 28 N.E. 454

Syllabus

<p>1. Cities and villages—power to prohibit the keeping open places of business on Sunday. Cities and villages incorporated under the general Incorporation act, by subdivision 66 of section 62, article 5, giving power “to regulate the police of the city or village, and pass and enforce all necessary police regulations, ” may pass an ordinance prohibiting persons from keeping open their places of business in such city or village, for the purpose of vending goods, wares and merchandise, on Sunday, and provide a penalty for a violation of the same.</p> <p>2. Same—Sunday ordinance, whether inconsistent with Criminal Code— concurrent powers of municipal authorities and of the State. The police regulations of a village may differ from those of the State upon the same subject, if they be not inconsistent therewith. A village ordinance prohibiting the keeping open of places of business on Sunday, for the sale of goods, etc., is not inconsistent with the provisions of section 261 of the Criminal Code.</p> <p>3. Same—police powers, under general Incorporation law — of their extent as to subject matter. Subdivision 66 of section 62, article 5, of the “Act to provide for the incorporation of cities and villages, ” which reads that the city or village council shall have power “to regulate the police of the city or village, and pass and enforce all necessary police regulations, ” is not limited in its application to the organization and regulation of a police force, but may extend to and embrace a subject matter of police regulation, under the general police power of the State.</p>