President of Mt. Carmel v. County of Wabash

Citations

• 50 Ill. 69

Syllabus

<p>1. Licenses—power of the Trustees of Mt. Carmel in respect thereto. Under the act of 1835, incorporating the town of Mt. Carmel, the power was conferred upon the municipal authorities to grant licenses to groceries.</p> <p>2. But, if that were not so, that power was conferred by the act of 1845, entitled “ Licenses,”—which, in giving to incorporated towns the exclusive privilege of granting licenses to groceries, has reference as well to towns acting under special charters, as to those organized under the general law.</p> <p>3. Monet arising from licenses—to whom it belongs. Since the act of February 10, 1849, in relation to the incorporation of towns and cities, all such municipal corporations have the right to retain and appropriate to their own purposes, all moneys arising from the granting of licenses to sell liquor, and it is no longer required to be paid into the county treasury, as provided by the 14th section of the chapter of the revised statutes, entitled “Licenses.”</p> <p>4. Power to grant licenses—by what words conferred. The power given to a municipal corporation either to “tax” or to “restrain” the sale of liquor, includes the power to grant licenses therefor.</p> <p>6. Vested rights—municipal corporations■—of their grants of power, The powers granted to municipal corporations, are not vested rights, but are wholly under the law making power of the State, and their charters may be amended, changed or repealed, at the legislative will.</p>