People ex rel. Springfield & Illinois Southeastern Railway Co. v. County Board of Cass County

Citations

• 77 Ill. 438

Syllabus

<p>1. Municipal subscription—when disei'etionae'y after vote authorizing. If the vote of a count)- is in favor of a corporate subscription to a railway company, under a charter authorizing a subscription in like manner and with the like effect as is provided in the “act to provide for a general system of railroad incorporations,” approved November 5, 1849, and acts amendatory thereof, the county authorities will have a discretion either to make or withhold the subscription, as the interests of the county shall seem to be best subserved, and they can not, by mandamus, be compelled to make the subscription.</p> <p>2. But if the charter or law under which an election is held, resulting-in a majority vote in favor of the subscription, is peremptory, and leaves no discretion in the county authorities in regard to making the subscription, mandamus will lie to enforce the making of the same.</p> <p>8. Same—power of county dependent on vote. Without an affirmative vote of the people, the authorities of a county have no power whatever to make any contract binding on the county in regard to a subscription to a railway company; and a vote, coupled with conditions that the road shall be located at a designated place, and that the subscription shall not be paid until the road is constructed, does not make a contract to subscribe when the conditions are performed. If the county authorities have a discretion to subscribe on a vote without conditions, the annexing of conditions will not deprive them of its exercise.</p> <p>4. Same—offers held out, on the faith of which the company acts. Counties having no poiver to contract with a railway company to subscribe to its capital stock, except when authorized by a vote of the people, it follows that the county authorities can not hold out any offer to such a company, prior to any vote, upon which the company has a right to rely.</p> <p>5. Same—agreement to subscribe. An agreement on the part of a county to continue a pending suit, and in