Wider v. City of East St. Louis

Citations

• 55 Ill. 133

Syllabus

<p>1. Taxation for corporate purposes—and of the power to create a debt against a municipal corporation. The legislature ordinarily has no power to impose a debt or levy a tax upon a municipal corporation without its assent, or to authorize persons not corporate officers to create a debt against the corporation, or to levy a tax therein, either directly or indirectly, without the consent of those to be affected thereby, or of the municipal authorities.</p> <p>2. This rule, as announced in the case of Lovingston v. Wider et al. 53 Ill. 302, and applied to the action of the police commissioners of the city of East St. Louis under the act of 1867, is adhered to.</p> <p>3. Same—who are “ corporate authorities.'’ The police commissioners, the appointment of whom is provided for by the act of 1867, entitled, “ an act to establish a police force for the city of East St. Louis,” are not corporate authorities of that city, and have no power to create a debt against the municipality without its consent.</p> <p>4. Same—of the levying of a local tax by the legislature. The doctrine in reference to the possible existence of cases in which the legislature may impose a local tax without the consent of the corporate authorities—as in case of the failure of the police department of a city to provide reasonable security for life and property, and the State should undertake to supply such deficiency, and assess the expense thereof upon the city—has no application in a case where it is attempted to confer the power of creating a debt against the city, without its consent, upon police commissioners appointed under a law which was never submitted to nor approved by the people of the city or its corporate authorities.</p> <p>5. City of East St. Louis—of its power to create and pay a police force-effect of the act of 1867. Under the charter of 1869. of the city of East St. Louis, the city has the power to appoint a marshal and his deputies, who may exercise police authority in the city and