People ex rel. Cairo & St. Louis R. R. v. Trustees of Schools

Citations

• 78 Ill. 136

Syllabus

<p>1. School townships—are not municipal corporations. School townships, being created and continued only for educational purposes, and not for the purpose of exercising any of the functions of government, are not municipal corporations in their nature or purpose.</p> <p>2. Taxation—constitutional limitation for corporate purposes. The provision in the constitution of 1848, that “the corporate authorities of counties, townships, school districts, cities, towns and villages may be invested with power to assess and collect taxes for corporate purposes,” was intended to limit the legislative power in conferring authority on corporate bodies to assess and collect taxes.</p> <p>3. Same—what is a corporate purpose. A corporate purpose, within the meaning of the constitution authorizing taxation for the same, is a purpose necessary or proper to carry into effect the object of the creation of the corporate body.</p> <p>4. A tax by a school township or district to aid in the construction of a railroad, or to pay interest on bonds issued in aid of such road, is not for a corporate purpose, and such power can not, constitutionally, be conferred on such bodies. It seems that such a power can be conferred only upon purely municipal corporations.</p> <p>5. Constitutional law—old, constitution governs in cases arising under it. Although the constitution of 1848 has been superseded by the present one, still all rights acquired under it, or under laws passed while it was in force, must be tried by and enforced as though it was in full vigor.</p>