People ex rel. Neal v. Roche

Citations

• 124 Ill. 9
• 14 N.E. 701

Syllabus

<p>1. Schools—title to school property and, custody of school funds, in cities of over one hundred thousand—in whom vested. Under existing legislation, cities having a population of over one hundred thousand are invested with the title to all real estate held for school purposes, and the city treasurer is given the custody of all school funds, no matter from what source derived.</p> <p>2. Same—board of ednication in cities of over one hundred thousand— of its powers and duties—especially as to school lands. The board of education in such cities is given no independent powers as to real estate held or to be purchased for school purposes. Whatever the board can do in reference to buying or leasing sites for school houses, or issuing bonds for the erection of buildings thereon, can only be done “with the concurrence of the city council.” The powers and duties the board may exercise, independently of the city council, relate mostly to furnishing school houses, the employing of teachers, and the management of schools generally.</p> <p>3. Same—board of education—at what time its powers to be exercised. The powers conferred upon boards of education in cities having over one hundred thousand inhabitants, can be exercised only at a regular meeting of the board.</p> <p>4. Same—sale of school lands—conditions to the exercise of the power. Real estate held for school pmposes in cities having over one hundred thousand inhabitants, can be sold only on two express conditions: First, the sale must be made by the city council; and second, it must be made by the city council upon the written request of the board of education; and the city council have no light to make such conveyance except upon the terms specified in such written request.</p> <p>5. Same — mortgage for purchase money, on sale of school lands—to whom to he given. On the sale of school lands by the city council, in a city having more than one hundred thousand inhabitants, on the written request of the board of educatio