People ex rel. Gilman, Clinton & Springfield Railroad v. Supervisor of Laenna

Citations

• 67 Ill. 65

Syllabus

<p>1. Municipal subscription—election must be conducted in the manner prescribed. Where the charter of a railroad company authorizing corporate subscriptions, provided that “all elections had under or by virtue of this act shall be taken and held to be general elections, and conducted in the same manner as provided by the laws of this State for general elections: ” Held, that an election held by a township for the purpose of determining whether such township would subscribe to the capital stock of such company, which was conducted in the same manner as town meetings, by a moderator and the town clerk, instead of there being three judges and two clerks of the election, and when the moderator and clerk were not sworn, and there being no registry prior to such election, was not in compliance with the law, and that an affirmative vote at such election conferred no authority for a subscription.</p> <p>2. Had the act of the legislature been silent as to the manner of holding and conducting the election, then it might have been conducted in the manner prescribed by the law of the organization of the body in which it was held.</p>