People ex rel. Gaines v. Garner

Citations

• 47 Ill. 246

Syllabus

<p>1. Elections—what elections considered general—in a constitutional sense. The annual November elections, provided for by legislative enactment, are general elections, within the meaning of the constitution.</p> <p>2. Township organization—order submitting question to the people—need not be entered of record in the court making it. It is not necessary that the order made by a county court, for submitting the question of township organization to the people, should be spread upon its records, it appearing from the proceedings had subsequently before the court, that such order was in fact made; it is no objection that the clerk negligently omitted to spread it upon the record.</p> <p>3. Elections—vote cast at any general election—determines number of legal voters. The vote cast at any general election is prima facie evidence of not only the result of the election, but also of the number of legal voters in the county. This presumption will be acted upon until rebutted, and the registry lists can not rebut or overcome it.</p> <p>4. Appeals—-from county court—in what cases an appeal will not 'lie. In proceedings before a county court, under the law authorizing township organization, a decision by the court after election held, that township organization had been adopted, and the entry of an order appointing three commissioners to divide the county into towns, is not a decision or order from which an appeal is authorized by law.</p> <p>5. Township organization—report of commissioners—what it need not contain. The report of the commissioners appointed to divide a county into towns, need not contain the reasons why township boundaries were not adopted by them, in making such division.</p>