Wiley v. Silliman

Citations

• 62 Ill. 170

Syllabus

<p>1. Municipal subscription—election—excess of authority. By the charter of the Dixon, Peoria & Hannibal Railroad Company, of March 5, 1867) each town and township through which the road might be located was authorized to subscribe and take stock of the company not exceeding $35,000, upon a vote of the people in favor of the same. Under this law an election was had in the township of Elmwood upon two propositions for subscription, the first for $35,000 and the other for $40,000 additional to the first, both of which were carried and the bonds of the township issued: Held, on bill to enjoin the collection of taxes to pay the interest of the bonds that the sub scription of $35,000 was valid, but as to the $40,000, the election and subscription were void, and a decree dismissing the bill was reversed.</p> <p>2. Same—notice of election. The charter required twenty days’ notice of an election to authorize a municipal subscription to the company. The election was called and notices thereof given under the charter, and pending such call, and, after posting notice, the legislature passed an act authorizing towns to subscribe $100,000 to this company—but no new notice was given under this act, and the election was held seven days after its passage: Held, that the amendatory act could not affect such election, and render a vote for a sum in excess of $35,000 valid.</p> <p>3. Same—curative act—power of legislature. Where the people of a township at an election voted in favor of a subscription of $40,000 to a railroad company without any authority of law, the general assembly afterward passed a special act declaring the election and subscription made under it to be legalized and binding upon the township : Held, that as the election and subscription were null and void, and as the legislature could not create a debt against a municipal corporation without its consent, the curative act was void.</p>