Stephens v. People ex rel. Rafter

Citations

• 89 Ill. 337

Syllabus

<p>1. Election—must be held at'proper time and place. It is essential to the validity of an election that it be held at the time and in the place provided bylaw.</p> <p>2. Where the time and place of an election are fixed by law, it has been held that an omission to give the proper notice of the election will not vitiate an election held on the day appointed by the law; but where the law fixes no time or place of holding the same, leaving that to be determined by some authority named in the statute after the happening of some condition precedent, it is essential to the validity of the election that it be called, and the time and place thereof fixed, by the-very agency designated by law, and none other.</p> <p>3. Same—must be ordered by proper authority when not fixed bylaw. Under the law for the incorporation of cities and vilages, that on a petition of oneeighth of the legal voters of a city, the mayor and city council shall submit the question of incorporation under the general law to a vote, and appoint a time and place or places at which such vote shall be taken, and designate the persons to act as judges at such election: Held, that the mayor alone has no right to call such election, although the councilmen may neglect their duty. The remedy is by mandamus against them for any unreasonable non-pevformance of duty in this respect.</p> <p>4. Same—when void can not he ratified. Where an election, to determine whether a city will become incorporated under the general law, has been called by the mayor alone, without the consent of the council, and results in favor of incorporating under such law, a subsequent ratification by the council in canvassing the votes and passing a resolution approving the action of the mayor in giving notice of the first annual election under the general law, and the registry by the Secretary of State of the city as organized under such law, will not cure the defective call and ratify the election held under it. The election being void is