People ex rel. Prettyman v. Board of Supervisors

Citations

• 45 Ill. 162

Syllabus

<p>1. Statutes—subscribing steak in railroad companies—interpretation of particular one. Where, under the act incorporating the Pekin, Lincoln and Decatur Railroad company, and which authorized certain counties to subscribe stock therein, the president of the hoard of directors presented to the hoard of supervisors of Logan county a petition signed by two hundred persons, who styled themselves legal voters of the county, requesting them to submit to the voters of the county, at the ensuing election, a proposition for the county to subscribe §300,000 to the capital stock of the company, and to issue its bonds therefor, with interest at ten per cent,—held, that the supervisors were not warranted in refusing such petition upon the ground that the president of the company having alone acted in the matter, therefore, the petition had not been regularly presented, it appearing that his action was authorized hy a resolution of the hoard of directors. This was sufficient.</p> <p>2. Same—concerning right of supervisors to require proof of genuineness of petition—and when sueh proof will be deemed waived. And in such case, when it was objected hy the supervisors that no evidence existed of the fact of the genuineness of the petition, and the hoard of directors thereupon offered to make the necessary proof thereof, which was refused—held, that, while the supervisors might have acted upon it as genuine without proof, or might have required proof that the petitioners were legal voters of the county, yet, by their refusal to hear such proof, they must be regarded as having waived it.</p> <p>8. Same—powers conferred upon the supervisors and directors, respectively under this act. Under this act, when the requirement is made as therein directed, the supervisors must submit the proposition to a vote of the county; they having no discretion in this matter, nor as to the amount so asked to be subscribed, the power to fix the amount having been conferred upon the board of directors. Th