Scammon v. City of Chicago

Citations

• 42 Ill. 192

Syllabus

<p>1. Special assessments—of the collector’s warrant—manner of signing the same. The use of the word “ countersigned,” to the left of the signature of the comptroller, affixed to the collector’s warrant issued on a judgment upon a special assessment, does not vitiate the signature of the comptroller, which, in such case, is, in fact, “ affixed,” and that is all the law requires. The prefix does not remove his name from the warrant nor render it any the less his signature. * </p> <p>2. Same —for what purposes a special assessment may he made in the city of Chicago. The act of 1865, amendatory of the charter of the city of Chicago, authorizes special assessments for repairing the streets, and it is for the city council to determine in what mode the reparations shall he made.</p> <p>3. So, if they decide that a street which has once been graveled shall be repaired by re-graveling, that is within the power conferred by that act.</p> <p>4 Same — requisites of the assessment roll—of the mode of apportioning benefits. It is not necessary that the assessment roll, which is returned to the common council for the action of that body, should show a valuation of the .respective pieces of property assessed. The manner in which the “ benefits ” are to be adjusted in such cases is left to the discretion of the commissioners, to be exercised by them, subj ect to the supervision of the courts upon any charge of fraud, corruption or oppression, or of departure from the rule of equality prescribed by the Constitution and the legislature.</p> <p>5. Same —public grounds must bearr their proper sha/re of the burden. Eeal estate owned by a municipal corporation is not exempted from its proper share of the burden of constructing public improvements. So, where the city owns a public park which is bounded by streets for the improvement of which an assessment is being made, the city must contribute to the necessary expense in common with the owners of private property interested in the same i