People ex rel. Chicago & Rock River Railroad v. Dutcher

Citations

• 56 Ill. 144

Syllabus

<p>1. Election in townships—in what manner to he held. The charter of the Chicago and Rock River Railroad Company authorizes cities, towns, and townships under township organization, to subscribe to the stock of the company, upon a vote of the legal voters therein, but prescribes no mode in which the election shall be conducted: Held, the presumption would be, in the absence of any provision on the subject, the election should be conducted in the manner prescribed by the law of the organization of the body in which it is held.</p> <p>2. So an election in a township- for such purpose, should be held in the manner township elections are required to be held in the election of their town officers, and not under the general election laws.</p> <p>3. Same — of the registry of voters. Elections held at town meetings in townships acting under the township organization law, are not within the law requiring voters to be registered, town meetings being excluded, in terms, from its operation.</p> <p>4. So an election in regard to a subscription by a township to the capital stock of the Chicago and Bock Biver Bailroad Company, being properly had at a town meeting, it is not required the voters shall be registered before the election can be properly held.</p> <p>5. Subscription to stock of a railroad, 6y a town. Under a law authorizing a town to determine by vote whether it will subscribe to the capital stock of a railroad company, and requiring the town supervisor to make the subscription if it be so voted, but leaving it entirely optional with the town whether it will subscribe at all, in determining the question of subscription the town may impose any conditions in respect thereto it thinks proper, and the supervisor would have no power, in making the subscrip tion, to disregard such conditions, nor would the railroad company have any right to demand he should.</p>