Bernier v. Russell
| Citation | 89 Ill. 60,1878 WL 9961 |
| Parties | BAPTISTE BERNIER et al.v.WILLIAM H. RUSSELL. |
| Decision Date | 30 June 1878 |
| Court | Supreme Court of Illinois |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of St. Clair county; the Hon. WILLIAM H. SNYDER, Judge, presiding.
An election was held by the villagers of Cahokia in March, A. D. 1875, for the election of school trustees, under the statute of 1841, providing for such elections. Appellee, being at that time one of the villagers of that village, offered to vote for school trustees, and was refused that privilege by appellants, who were acting as judges of that election, and this upon the ground that he was a negro. This action is brought by appellee against appellants for damages for this alleged wrong. The appellee alleges in his declaration that this refusal was malicious and wanton. Appellants pleaded not guilty. This issue was found for appellee by a jury, and his damages assessed at $100, on which verdict judgment was rendered by the circuit court, and the record is brought here on appeal.
Mr. M. MILLARD, for the appellants.
Mr. R. A. HALBERT, for the appellee.
It is objected that it is not shown that the election in question was a valid election. The statute of 1841 provides for such election, and appellants acted as judges, and it does not lie in their mouths to say plaintiff must prove, beyond this, that the election was valid.
It is objected appellee is not shown to have had a right to vote. The only requisite to qualify him to vote was, that he should have been one of the male villagers, of sufficient age and length of residence. This was shown by the proofs.
It is objected that he did not offer to vote by ballot, and that there was no previous registration of the voters. The election laws governing political elections have no application to this election. Cahokia commons was a property belonging to the inhabitants of this village before the organization of this State, in which they had a common interest. With the consent of these villagers, the statute of 1841 provided for the laying off of these commons into lots, and for the leasing thereof, and for the application of the revenues for the common benefit, in the support of schools open to all. These elections had by common consent been held, and the voting had always been viva voce. The general election laws have no more to do with this election than they have with the election of trustees by a religious...
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