Richards v. Raymond

Citations

• 92 Ill. 612

Syllabus

<p>1. Constitution—not a grant, hut a restriction of power to legislature. A State constitution is not to be regarded as a grant of power to the law-making department of the State, but its province is to limit and restrain the power which the legislature possesses independent of that instrument.</p> <p>2. Same—extent of legislative power. The legislature of a State has the power to enact any and all laws proper for the government and welfare of the people of the State not prohibited by the constitution of‘the United States or of the State.</p> <p>3. Same—rule in passing on constitutionality of laws. The courts will not pronounce a statute unconstitutional and void in a doubtful case, but only when its repugnancy to the constitution is clear and apparent.</p> <p>4. High schools—constitutional provision a limitation on legislature. Section 1 of art. 8 of the present constitution, which provides that the General Assembly shall provide a thorough and efficient system of free schools, whereby all children of this State may receive a good common school education, is intended as a limitation upon the power of the legislature to provide for the maintenance of free schools by local taxation of a different character from that named in the section.</p> <p>6. Same—law for high schools not unconstitutional. The provisions of section 35 of the School law, for the creation and maintenance of high schools for a township on a vote of the people, are not in violation of the constitution of the State, but are part of a valid and binding law.</p> <p>6. School taxes—enjoining, for high school. Where the proceedings under which a high school of a township was established are regular and in conformity to a valid law, the levy and collection of a tax to maintain the school will not be enjoined, although the course of study adopted may be different from that contemplated by law.</p>