People ex rel. Lafayette, Bloomington & Mississippi Railway Co. v. Supervisor of Oldtown

Citations

• 88 Ill. 202

Syllabus

<p>1. Municipal subscription—validity of election as depending on petition. Where a, railway charter provided, that when ten legal voters of any city, county or town should present to the clerk thereof a written application requesting an election, to determine whether a subscription or donation should be made to the company, such clerk should receive and file the application and call an election, it was held, that a written application, signed by ten legal voters, was necessary to the validity of any election under such charter, and without proof that such application was delivered to the clerk, and was signed by ten legal voters, no subscription could legally be made, nor could the municipality be compelled to issue its bonds in pursuance of a vote. And proof that such application was signed by ten citizens is not sufficient, as a citizen may or may not be a legal voter.</p> <p>2. Mandamus—right must he clear. In an application for a mandamus, the burden is on the relator to clearly establish the right sought to be enforced. If it be doubtful, the writ will not be awarded. The loss of a paper showing the right, will not dispense with clear proof that it contained all the legal requirements.</p>