Sheridan v. Colvin

Citations

• 78 Ill. 237

Syllabus

<p>1. City council op Chicago—powers of, under the act of April 10,1873. The city of Chicago having been reincorporated under the act of April 10,1873, to provide for the incorporation of cities and villages, the city-council possess the power to provide for the appointment of a city marshal, and to vest him with the entire control of the police force, and to reorganize the police department by ordinance, and to carry out and give effect to the provisions of such ordinance when passed.</p> <p>2. And when such an ordinance is passed, it takes the functions given to the board of police, by the act of their creation, away from them, and confers them upon the officers named in the ordinance.</p> <p>3. Same—hom'd, of police. Where the city council, under the act of 1872, have reorganized the police department of the city, and provided for the control and management thereof, the authority of the board of police over the police force of the city, being inconsistent with the plenary power conferred upon the city council over the subject matter by the act of 1872, ceases.</p> <p>4. The city council have no power to pass an ordinance abolishing the board of police, or the office of commissioner of such board, but they may deprive them of all their functions as city officers; and such an ordinance can only be sustained as applying to the board of commissioners in their capacity of city officers.</p> <p>• 5. Chancery—courts of, lime no jurisdiction of subjects purely political. The subject matter of the jurisdiction of courts of chancery is civil property. The court is conversant only with questions of property and the maintenance of civil rights. It has no jurisdiction in matters merely criminal or immoral, which do not affect any right of property, nor do matters of a political character come within its jurisdiction.</p> <p>6. A court of chancery has no jurisdiction to interfere with the public duties of any department of government, except under special circumstances, and wh