Quincy, Missouri & Pacific Railroad v. Morris

Citations

• 84 Ill. 410

Syllabus

<p>1. Municipai subscription—under constitution of 1870, upon an election had prior thereto. That section of the constitution of 1870 which prohibits municipal subscriptions to railroads or private corporations, except, upon a vote of the people of the municipalities, had prior to the adoption of the constitution, operates to prohibit any such subscription, unless the prior vote in reference thereto was had under an existing law. , A merely voluntary vote, even though it. was directed by an ordinance of a city in which the proposition was pending, will not avail to remove the restriction.</p> <p>2. Same—exception in respect to the city of Quincy. Under the 24th section of the schedule of the constitution of 1870, exempting the city of Quincy from the prohibition mentioned, so far as the people of that municipality had voted for such purpose prior to the 18th day of December, 18(59^ it is held, that a vote on the subject of municipal subscription, had by the people of that city in pursuance of an ordinance thereof, but not under any then existing law, was valid and effectual for the purpose of such subscription.</p> <p>3. Same—subscription by the city of Quincy to the capital stock of the Quincy, Missouri and Pacific. Railroad Company. So it is held, that a subscription by the city of Quincy to the capital stock of the Quincy, Missouri and Pacific Railroad Company, made after the adoption of the constitution of 1870, in pursuance of a vote of the people of that city had on the 7th day of August, 1869, not, however, under any existing law, was a valid and binding subscription, and the city was authorized to issue its bonds therefor according to the conditions upon which the subscription was made, and this, without reference to the validity of that portion of the statute which took effect on the 1st day of July, 1871, purporting to legalize the election mentioned.</p> <p>4. Same—power of the legislature to authorise the subscription without a note—effect of constitutio