West Chicago Park Commissioners v. McMullen

Citations

• 134 Ill. 170
• 10 L.R.A. 215

Syllabus

<p>1. General law—as distinguished from local or special legislation. The fact that an act is applicable only to the conditions existing in a single city in the State will not necessarily render it local or special legislation. A law may be general, and yet be operative in a single place. It is not requisite that it should be presently applicable to every person or to every city within the State.</p> <p>2. Parks—act of 1879—giving control over streets leading to public parks—whether a special or local law. The act of 1879, entitled “An act to enable park commissioners or corporate authorities to take, regulate, control and improve public streets leading to public parks,” etc., is not .a local or special law, within the constitutional provision prohibiting the passage of local or special laws “incorporating cities, towns and villages, or changing or amending the charter of any town, city or village.” Thd act applies to all cities where the conditions exist which it is designed to affect.</p> <p>3. Same—streets leading to parks—power of commissioners—a continuing one. The power given to park commissioners by the act of 1879, “to connect any public park, boulevard or driveway under its control, with any part of an incorporated city, town or village, by selecting .and taking any connecting street or streets, or parts thereof, leading to such park, provided,” etc., is not exhausted by one exercise of it, but is a continuing power, and the commissioners may select a street a second time, even though the street last taken runs parallel with the one first taken. They may select such' connection between a park and the •city as the public convenience may demand.</p> <p>4. Same—park districts—as quasi municipal corporations—and subject to legislative control. A park district, when established by a vote of the people, becomes a quasi municipal corporation for certain purposes, after which the corporation is subject to legislative control. Its powers may be changed, abridged or