People ex rel. Pekin, Lincoln & Decatur Railroad v. Board of Supervisors

Citations

• 63 Ill. 374

Syllabus

<p>1. Municipal aid to bailboad—authority to hold election. The charter of a railroad company directed the authorities of a county to call an election when required so to do by the directors, to determine whether the county would subscribe to the capital stock of the company, and provided that if such first election should result against subscription, the board of supervisors should, on the petition of 200 legal voters of the county, order another vote to be taken at any subsequent general election. Both of these elections were held and resulted against subscription. The charter was subsequently amended so that the petition for an election should be presented to the county clerk instead of the board of supervisors, as was the case under the original charter, and the clerk was thereupon required to give notice of an election for a subscription, as provided for in the original charter. Under this latter act an election was held, resulting in a majority for subscription: Held, on mandamus to compel the subscription, that the election was authorized under the amendment to the charter.</p> <p>2. Same—illegality and fra/ad in election. In a proceeding by mandamus to compel the authorities of a county to subscribe and issue bonds to a railroad company, in pursuance of a vote of the people of the county, the return set up that the majority cast at the election in favor of subscription was more than made up of illegal votes; that a majority of the legal votes cast at such election was against subscription, and that the apparent majority in the county was entirely composed of illegal and fraudulent votes, cast by persons who were not entitled to vote, and that the railroad company, who were the relators, before entering into liabilities on the faith of such vote, had notice of the fact that a majority of the legal votes cast was against subscription: Held, on demurrer to the return, that tlie facts stated showed a defense to the proceeding; also that it was not necessary to g