People ex rel. Jones v. North Chicago Railway Co.

Citations

• 88 Ill. 537

Syllabus

<p>1. Quo warranto—leave to file, how far discretionary. The granting of leave to file an information in the nature of a quo warranto is a matter of sound discretion in the court or judge. On the one hand it is not granted as a matter of right, upon the part of the relator, while on the other the court can not refuse arbitrarily, but must exercise a sound discretion, in accordance with principles of law. „.</p> <p>2. Same—opposing affidavits may be considered. On an application on behalf of a private citizen for leave to file an information in the nature of a quo warranto against a corporation, opposing affidavits may properly be considered in determining whether leave shall be granted.</p> <p>3. Same—when leave to file, properly refused. Where leave was asked to file an information against a horse railway company, requiring it to show its right to extend the line of its road, and to use steam power over a part of the same, and it did not appear that the relator was either specially, as an individual, or in common with all other citizens of the town, injured by the construction and operation of the road, and it was shown, by affidavit, that the relator acquired his land, abutting upon the road, long after its construction, and that it was the almost universal desire of the people of the town, and those traveling over the road, that it be operated by steam, and the facts disclosed seemed to show the application was not asked for the public good, but rather for selfish purposes, it was held,- that leave was properly refused.</p> <p>4. If a public wrong is done by the abuse of a franchise, and no private injury appears, a proceeding by quo warranto must be by the public prosecutor „ or other authorized agent of the State, and a private citizen can not, in such case, have the aid of this extraordinary remedy. But in cases affecting only private rights, and which merely affect the administration of corporate functions, and not the existence of the corporation, the court