Onstott v. People ex rel. Penwarden

Citations

• 123 Ill. 489
• 15 N.E. 34
• 1888 Ill. LEXIS 1038

Syllabus

<p>1. Municipal subscbiptions and bonds—in aid of railroads—since the adoption of the constitution of 1870—or upon a vote prior thereto. Since the adoption of the constitution of 1870, a county has no power to become a stockholder in any railroad corporation, or to make donation to or loan its credit in aid of any such corporation, except when subscriptions have been authorized, under existing laws, by a vote of the people of such county, prior to the adoption of the constitution.</p> <p>2. Same—of conditions to the subscription—os controlling the effect of the vote. A corporate subscription had been voted by the voters of a county prior to the adoption of the constitution, upon the express condition in the order calling the election, that no bonds should be issued or stock subscribed unless the railroad company should, within a certain time, locate its machine shops at a certain place in such county, which was never complied with: Held, that by reason of a non-compliance with the condition, the county court had no authority to make the subscription and issue the bonds of the county, and if issued, they were void, and also that a tax levied to pay the interest thereon was illegal, and could not be collected.</p> <p>3. A county or other municipal corporation has no right to take stock in a railway company and issue its bonds in payment thereof, except when the same has been voted for, in pursuance of law, before the adoption of the constitution of 1870, and not then, except upon the terms and conditions specified in the vote of the people.</p> <p>4. Same—a majority vote—upon what basis to be ascertained—as, upon the vote cast at the last preceding general election. Under section 4 of the Bailroad law of 1849, county authorities are not empowered to subscribe to the capital stock of a railway corporation, or to issue the bonds of the county in aid of such corporation, unless a majority of the qualified voters of the county shall have voted in favor of the same, taking