Easton v. Bd. of Review of Peoria Cnty.

• Decision Date: 18 December 1899
• Citation: 183 Ill. 255,55 N.E. 716
• Parties: EASTON v. BOARD OF REVIEW OF PEORIA COUNTY.
• Court: Illinois Supreme Court

183 Ill. 255

55 N.E. 716

EASTON

v.BOARD OF REVIEW OF PEORIA COUNTY.

Supreme Court of Illinois.

Dec. 18, 1899.

Appeal by Edward S. Easton from the action of the board of review of Peoria county in declaring certain warrants taxable, and certified by the county auditor to the supreme court. Action of board approved.

Dan F. Raum, for appellant.

Edward C. Akin, Atty. Gen. (C. A. Hill and B. D. Monroe, of counsel), for appellee.

PHILLIPS, J.

On April 1, 1899, appellant was the holder of three warrants, amounting altogether to the sum of $35,000, drawn by the city of Peoria upon its treasurer, and payable out of the taxes levied and to be collected for the year 1899. These warrants were issued in pursuance of resolutions adopted by the city council, and appellant advanced the face of said warrants to the city of Peoria, to be used by it in payment of its current expenses. Each warrant provides for the payment of 5 per cent. interest, and they are made payable one year from date, so that they might be met by the taxes collected for the year 1899. Appellant claimed that the warrants were exempt from taxation, and for that reason refused to return the same to the assessor. Upon notice, he appeared before the board of review, and again claimed the exemption; but the board of review held that the warrants were taxable, and assessed appellant for the same. From this action of the board of review appellant prayed an appeal, which, under the provisions of paragraph 4 of section 35 of the revenue act of February 25, 1898, is transmitted to this court by the auditor of public accounts, as provided by that paragraph of the section referred to.

Appellant claims that these warrants are instruments of government employed by the city of Peoria to carry into execution its powers, and cannot be presumed to be taxed, because such tax would operate injuriously upon future warrants, and destroy this instrument of government; also, because, it is claimed, the revenue, acts under which these warrants are proposed to be taxed were adopted for the purpose of raising revenue for municipalities, which would be impeded or destroyed by their taxation, and to tax them would impair the obligation of contracts. The warrants drawn by the city of Peoria, a municipal corporation, represent nothing more than the promise of the municipality to pay a debt incurred by the city by reason of the advancement of money thereto. An evidence of indebtedness, under whatsoever name it...