People v. Brown

• Decision Date: 30 June 1850
• Citation: 11 Ill. 478,1850 WL 4245,1 Peck 478
• Parties: THE PEOPLE OF THE STATE OF ILLINOIS, on the relation of William Davenportv.WELCOME B. BROWN, judge, WILLIAM E. BUCKINGHAM and WILLIAM C. POYNTER, Associate Justices, and EDGAR BABCOCK, Clerk of the County Court of Woodford County.
• Court: Illinois Supreme Court

11 Ill. 478
1850 WL 4245 (Ill.)
1 Peck (IL) 478

THE PEOPLE OF THE STATE OF ILLINOIS, on the relation of William Davenport
v.
WELCOME B. BROWN, judge, WILLIAM E. BUCKINGHAM and WILLIAM C. POYNTER, Associate Justices, and EDGAR BABCOCK, Clerk of the County Court of Woodford County.

Supreme Court of Illinois.

June Term, 1850.

This was a petition for a peremptory mandamus, filed by the appellants, to the end that the county judge of Woodford county, and his associate justices and their clerk, might be commanded

[11 Ill. 479]

to make and transmit an abstract of the votes, etc., of that county, to the auditor of state, and that notices, etc., be given, designating a suitable time and place for holding an election in each of the towns of said county, for the purpose of organizing the same, etc.

The appellees, on showing cause, denied that a majority of the votes of those entitled to vote upon the question, had been cast for township organization. That at the general election at which the votes upon the question were given, upwards of six hundred legal votes were cast, and that only one hundred and fifty-three of the number were for township organization.

Upon a hearing of the parties, the court, Davis, judge, presiding, denied the petition; thereupon the relator prayed this appeal. Other questions were raised by the petition and answer, but as they were not considered in the opinion, reference will not be made to them. The error assigned was, the judgment of the court dismissing the petition.

O. PETERS, for appellants.

N. H. PURPLE, for appellees.

TREAT, C. J.

The sixth section of the seventh article of the constitution declares, that “the general assembly shall provide, by a general law, for a township organization, under which any county may organize, whenever a majority of the voters of such county, at any general election, shall so determine; and whenever any county shall adopt a township organization, so much of this constitution as provides for the management of the fiscal concerns of the said county by the county court, may be dispensed with; and the affairs of said county may be transacted in such manner as the general assembly may provide.”

On the 12th of February, 1849, the legislature passed a law, entitled “an act to provide for township and county organization, under which any county may organize whenever a majority of voters of such county, at any general election, shall so determine.” The first section of the act provides, “that at the next general...