Bd. of Water Comm'rs of City of Springfield v. People ex rel. City of Springfield

• Citation: 137 Ill. 660,27 N.E. 698
• Parties: BOARD OF WATER COMMISSIONERS OF CITY OF SPRINGFIELD v. PEOPLE ex rel. CITY OF SPRINGFIELD.
• Decision Date: 11 May 1891
• Court: Supreme Court of Illinois

137 Ill. 660

27 N.E. 698

BOARD OF WATER COMMISSIONERS OF CITY OF SPRINGFIELD

v.PEOPLE ex rel. CITY OF SPRINGFIELD.

Supreme Court of Illinois.

May 11, 1891.

Appeal from circuit court, Sangamon county.

Connolly & Mather and Palmer & Shutt, for appellant.

Noah H. Turner, State's Atty., ( Patton & Hamilton and Conkling & Grout, of counsel,) for appellee.

BAKER, J.

This was an information in the nature of a quo warranto prosecuted in the Sangamon circuit court by the state's attorney, on the relation of the city of Springfield, against the Board of Water Commissioners of the City of Springfield, commposed of Rheuna D. Lawrence, Obed Lewis, and Hiram O. Bolles, calling upon it to show by what authority it exercises the liberties, privileges, and franchises of a board of water commissioners of the city of Springfield. The fourth count of the information fully sets forth the case of the relator, and the pleas of the defendant to the first, second, and third counts of the information fully set forth and exhibit the title and defenses of the defendant below, appellant here. The circuit court overruled a demurrer to the fourth count, and sustained the demurrer filed to the pleas to the first, second, and third counts. Appellant stood by its demurrer to the fourth count, and by its pleas to the other counts, and thereupon judgment of ouster and for a fine of one dollar and for costs was rendered against it. Appellant justifies under an act of the leggislature, approved February 21, 1861, entitled ‘An act to incorporate the SpringfieldWater-Works Company.’ Priv. Laws 1861, p. 285. The claim is that said act was a complete, independent, and disconnected act of the general assembly; that it was not an amendment to, and did not become a part of, the charter of the city of Springfield; that it created certain persons therein named, and their successors in office, a body politic and corporate by the name and style of the ‘Board of Water Commissioners of the City of Springfield,’ with the powers designated in said act, and with the right of perpetual succession; that the object of the act was a permanent and continuing one; and that the subsequent organization, in April, 1882, of the city of Springfield, under the general act for the incorporation of cities and villages, (1 Starr & C. Ann. St. p. 452,) did not have the effect to repeal said act of 1861, or to render its provisions ‘no longer applicable.’ Prior to the incorporation of the city under the general law, its charter did not consist of one act of the legislature only, but of a number of acts. The principal act was that of March 2, 1854; and, in addition thereto, there were the acts of February 14, 1855, (Priv. Laws, p. 75;) of February 18, 1857, (Priv. Laws, p. 1229;) of February 16, 1857, (Priv. Laws, p. 1050;) of February 21, 1861, (Priv. Laws. p. 277;) of March 29, 1869, (2 Priv. Laws, p. 241;) of February 18, 1859, (Priv. Laws, p. 269,) creating Oak Ridge cemetery; of March 27, 1869, (2 Priv. Laws, p. 239,) creating the board of education; and perhaps other acts. Each of the acts above mentioned purported in its title to be an amendment to the city charter. The Springfield water-works act, however, did not purport in its title to be an amendment to said charter. We think though, after a careful examination of its provisions, that it was in legal effect, and to all intents and purposes, and amendment or addition to the city charter. Its title, ‘An act to incorporate the Springfield Water-Works Company,’ was somewhat misleading. That which it did in fact and in the body of the act incorporate was ‘a board of water commissioners for the city of Springfield,’ to be known by the name and style of the ‘Board of Water Commissioners of the city of Springfield.’ On the day of the approval of the act another act was also approved, which latter act made provision for the submission of the water-works act to a vote of the qualified voters of the city of Springfield at a special election, the city clerk to give notice of said election, and the city council to designate the judges and clerks and the voting places in each ward, and the ballots to be canvassed and returned in like manner as votes for city officers of said city; and also provided that the water-works act should not take effect and should in no wise be in force unless approved by a majority of the voters. The three persons who were to constitute the first board of commissioners were designated in the act to hold their offices for three, four, and five years, respectively, they to decide by lot their respective terms. The act required them to notify the city council, in writing, of the result of such casting of lots, which was to be entered of record on the journals of the city council. Their successors were to be elected by the qualified voters of the city at the regular city elections for the election of mayor and other city officers. In case of a vacancy in the board the remaining commissioners were to nominate a qualified voter of the city to fill the same, and such person, if the nomination was confirmed by the city council, was to act until the next regular election. the city council was to fix the salaries of the commissioners, and the salary of the superintendent appointed by the board; and the commissioners were required to report in writing, at a fixed time in each year, to the council, the nature and extent of the duties assigned to each commissioner. Said commissioners were required to attend to all matters relative to supplying the city of Springfield with water from the Sangamon river, and power was given them, and it was made their duty, to furnish a full supply of water for public and private use in said city. Their power to raise money was conditional on its being deemed expedient by the city council, and all money was required to be borrowed upon the credit of the city, and city bonds were to be issued therefor, under the corporate seal of the city, and signed by the mayor and city clerk, but only upon authority given by the city council by a vote of the majority of all the aldermen by law authorized to be elected. It was made the duty of the city clerk to register these bonds ‘in the same manner as the other indebtedness of the city is registered.’ The warrants for the collection of water-rents were to be directed to the marshal or a constable of the city, and it was made the duty of the board to report and return unsatisfied warrants and delinquent property to the city council, and it was provided that the city council should take the same proceedings for collection as were provided by the charter and ordinances of the city for the collection of unsatisfied sidewalk assessments. The rules and regulations of the board in respect to the use of water were required to be reported to the city council and the council was thereupon to pass an ordinance establishing such rules and regulations, and provide penalties for their violation. The act imposed the duty upon the board of making, under oath, a semi-annual report of their stewardship to the city council, and the same was required to be entered of record by the city clerk. The investment of surplus funds from water-rents, etc., over and above current expenses, authorized by the act, could only be made ‘with the approval of the mayor and committee of finance of the city council. The members of the city council were prohibited from being interested in any contract made by the board, or in the purchase of any materials to be used. Provision was made for the removal from office of the commissioners, or either of them, upon a petition to be voted by a majority of all the members of the city council; and in case of such removal from office the city council was given power to fill the vacancy or vacancies. It was made the duty of the city council to levy special taxes, if necessary, to pay interest or principal of the bonds above mentioned. The members of the city council were prohibited from making use of or borrowing for their private benefit any of the funds belonging to the commissioners, or from receiving any...