Smith v. People ex rel. Detrick

Citations

• 140 Ill. 355
• 29 N.E. 676

Syllabus

<p>1. Drainage commissioners—how appointed. Under sections 48,49 and 62 of the Drainage act, as amended in 1885, the drainage commissioners are required to be appointed by a justice of the peace of the proper county when the cost of the work authorized to be done will not exceed $2000, and in all other districts the county court must appoint them; and this applies to districts organized before the passage of the act in 1885, as well as those thereafter organized.</p> <p>2. Drainage districts—subject to legislation. Drainage districts are created for public purposes, and are at least quasi public corporations, and as such are subject to be changed, modified or repealed by the legislature. The charters of such corporations are not in the nature of private grants, which the legislature may not change or repeal.</p> <p>3. Quo warranto—against drainage commissioner. An information in the nature of a quo warranto lies against one who wrongfully assumes to act as a drainage commissioner, whether the place he assumes to fill be regarded strictly as an office or not.</p>