People ex rel. Cairo & St. Louis Railroad v. Board of Supervisors

Citations

• 92 Ill. 441

Syllabus

<p>1. Municipal subscriptions and bonds—of elections held prior to the new J constitution—constitutional prohibition—estoppel. Where it is sought to compel a county to issue its bonds in payment of a subscription to the stock of a Tailroad company, the subscription having been made since the adoption of the constitution of 1870, but, as alleged, in pursuance of an authority conferred by an election held for that purpose, under laws then existing, prior to the adoption of the constitution, it is incumbent upon the party seeking such relief to show the validity of the subscription, and of the election which it is assumed authorized the same to be made, in order to establish the right under the proviso to the constitutional prohibition on that subject.</p> <p>2. And where, in such proceeding, it appeared that the county court, at a time subsequent to the adoption of the new constitution, entered an order reciting that the election previously held was duly held in pursuance of law, and directing the subscription to be made, it was held such finding in respect to the alleged validity of the election could not operate to estop the county from denying that the election was properly held, or relieve the party claiming the benefit of the subscription from the burden of showing it was so held.</p> <p>3. Nor will the county be estopped, by the completion of the road according to the terms of the attempted subscription, from denying the legality of the election. No notice that the want of power to make the subscription would be relied upon was required to be given when the bonds were called for in payment of the subscription; nor would the company claiming the benefit of the subscription be heard to urge, as against the right of the county to deny the existence of the power, that they had performed labor and incurred liabilities on the faith of the supposed subscription.</p> <p>4. In such case, where the election in pursuance of which the subscription is claimed to have been ma