Village of Hyde Park v. City of Chicago

Citations

• 124 Ill. 156
• 16 N.E. 222

Syllabus

<p>1. Townships—detaching and annexing territory—under act of 188T amendatory of Township Organization law—constitutionality of that act. The act of June 15, 1887, entitled “An act to amend sections 2, 4, 6, 7, 10, 11 and 12, of article 3, of an act entiled ‘An act to revise the law in relation to township organization,’ approved and in force March 4,1874, ” being unconstitutional, as containing a subject not expressed in its title, it follows that any election had under its provisions for the detaching of territory from one town and annexing the same to another wholly within the limits, of a city, is void, and fails not only to extend the jurisdiction of such city, but also to detach the territory of one town and unite it to the other.</p> <p>2. An election under such amendatory law can not be held to have effected, a union of two contiguous towns without extending the limits of a city in which one was wholly situate, over the other town, and failing to do the-latter, the election is a nullity.</p> <p>3. Injunction—to prevent improper interference with corporate property. The.property of an incorporated village is in the nature of a trust fund, which the corporate authorities hold for the use of the public, and any unlawful interference with it, calculated to inflict irreparable injury upon the community, presents a clear case for equitable relief.</p>