Ricketts v. Village of Hyde Park

Citations

• 85 Ill. 110

Syllabus

<p>1. Special assessment—whether ordinance embraces single improvement. The fact that an ordinance for laying a water supply-pipe provides that it shall commence on one street, and, after some distance, by a right angle, shall run along another street to its terminus, does not render the evidence obnoxious to the objection of providing for two separate and distinct improvements, it being continuous, and the circuit necessary to keep the water pure and fresh.</p> <p>2. Same—•improvement may be wholly by special assessment. It is not a valid objection to an ordinance for a public improvement, that it provides that the improvement shall he made wholly by special assessment. Sec. 24, art. 9, ch. 24, R. S. 1874, relates only to the duty of commissioners appointed under sec. 23, and is no limitation upon corporate authorities in respect to the mode by which local improvements shall be made.</p> <p>3. Same—may be for work already done. Corporate authorities may levy special assessments for work already done in good faith by them, or under their direction, in anticipation of such assessment. This case distinguished from Pease v. Chicago, 21 Ill. 500, and Peck v. Chicago, 22 Ill. 578, in which an assessment was sought to be made for work done by private ' persons on their own account, and for which the city was under no obligation to make compensation.</p> <p>4. Same—work done different from ordinance. The fact that some changes are made in the character of the improvement from that required in the ordinance providing for the same, is no defense to a special assessment to pay for the same. This objection, if tenable, is to be availed of by injunction before the work is completed.</p> <p>5. Newspapbb—as to place of “publication ” as distinguished from place of printing. The “ South Side News ” was a weekly newspaper, the type for which was set, and the printing actually done, in the city of Chicago. But the paper upon its face had printed that it was printed and published in