Peoria & Pekin Union Railway Co. v. People ex rel. Jaeger

Citations

• 144 Ill. 458
• 33 N.E. 873
• 1893 Ill. LEXIS 1151

Syllabus

<p>1. Highway commissioners—making roads and bridges in incorporated cities and villages — levying tax therefor. The commissioners of highways, under the act of 1883, section 16 of which was amended in 1889, have no power to engage in the making or improving roads or constructing bridges within the incorporated limits of a city or village, or to make a levy to raise funds to enable them to make improvements in the roads and bridges within such city limits, and any attempt by the commissioners of highways to levy a tax for such a purpose may be enjoined.</p> <p>2. When a city is organized under a special charter, which gives to it the management, care and control of the streets, highways and bridges within its corporate limits, the commissioners of highways of the town of which the city forms a part have no power to make or improve any highway or bridge in such city, or to interfere with the city in its management and control of the streets, or any improvement to be made in or upon such streets.</p> <p>3. Same — extending tax levy for roads and bridges over property in cities and villages. The commissioners of highways, in levying a road and bridge tax for their town, have the power to extend the levy over the entire town, including property in an incorporated city within such. town, and are not limited to such parts of the town as lie outside of the city limits, unless the charter of such city prohibits the township authorities from levying such tax within the city limits.</p> <p>4. Road and bridge tax — on property in cities and villages — how used. The road and bridge tax on city property, after it is collected and paid over to the city treasurer, is a fund to be used for road and bridge purposes within the city, and should the city authorities undertake to devote such fund to any other purpose, any tax payer of the city, upon a proper showing, would have the right to enjoin the misappropriation of the fund.</p> <p>5. Same—not a city tax — section 16 Road and Brid