Terre Haute & Indianapolis Railroad v. Voelker

Citations

• 129 Ill. 540
• 22 N.E. 20

Syllabus

<p>1. Practice—specific objection—as a waiver of all other objections. A specific objection to evidence based solely upon a particular fact, is strictly a waiver of all objections based upon other facts not specified or relied on. This rule is based upon the equitable consideration, that if the other objections had been made it might have been in the power of the party offering the evidence to obviate them.</p> <p>2. A certified copy of an ordinance, when offered in evidence, was objected to on the specific ground that it was not signed by the mayor and city clerk of the city. The charter provided three modes by which ordinances passed might become operative : First, by the approval of the mayor, evidenced by liis signature; second, by a majority vote of the council on reconsideration, after being returned by the mayor, with his objections; and third, by being retained by the mayor more than five days: Held, that the objection was properly overruled, as it did not cover all the modes by which the ordinance might have become operative.</p> <p>3. In such case, if it had been objected that the ordinance had not gone into effect in either of the modes provided by the charter, the party offering the same might have been able to show that it had been passed over the mayor’s veto, or that it had become operative by his retaining it more than five days without signing it.</p> <p>4. Obdutaitoe—mayor’s certificate—of its proper office. The signature of the mayor, when he approves an ordinance, is no part of the ordinance itself, any more than are the minutes of the proceedings of the city council in which is recorded the vote by which the ordinance was passed. It is merely the evidence of his approval.</p> <p>5. Same—how authenticated—what it must show on its face. While, under the charter of the city of East St. Louis, an ordinance can have no validity until it has been passed by the council, and then placed in the mayor’s office, and afterward approved and signed by him, or