Kettering v. City of Jacksonville.
| Decision Date | 31 January 1869 |
| Citation | 50 Ill. 39,1869 WL 5162 |
| Parties | VALENTINE KETTERINGv.CITY OF JACKSONVILLE. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of Sangamon county; the Hon. EDWARD Y. RICE, Judge, presiding.
The City of Jacksonville instituted a prosecution before a justice of the peace in Morgan county, against Valentine Kettering, for an alleged violation of an ordinance of said city, prohibiting the sale of liquor and beer. The cause was removed into the Circuit Court of Morgan county by appeal, and subsequently to the Circuit Court of Sangamon county on change of venue.
Upon the trial below, the prosecution, to prove the publication of the ordinance in question, gave in evidence the following certificate:
“Joseph Ironmonger on his oath says, that he is one of the publishers of the Daily Jacksonville Journal, a daily newspaper printed and published in the city of Jacksonville, county of Morgan, and State of Illinois, and that the foregoing and attached written paper commencing ‘printed and published by authority of the city council of the city of Jacksonville,’ and entitled ‘An Ordinance relating to various Liquors,’ was published three days in said paper, in the entire issue thereof for said three days, which days were the 15th, and 17th, and the 18th days of June, A. D. 1867, in the city aforesaid, and by the order and authority of said city.
JOS. J. IRONMONGER.
Sworn to and subscribed before me this 3d day of October, 1867.
HENRY STRYKER, Jr.,
Notary Public.”
The remaining facts in the case are set forth in the opinion of the court.
The trial resulted in a verdict and judgment against the defendant, and he thereupon took this appeal.
Messrs. KETCHAM & ATKINS, for the appellant.
Messrs. HAY, GREENE & LITTLER, for the appellee.
This was a prosecution by the City of Jacksonville to recover a penalty for violation of an ordinance of the city, prohibiting the sale of liquor and beer.
The first objection, that the city was not a municipal corporation, because its charter had never been published in Jacksonville, as required by its terms, is one that cannot be raised in this proceeding, as decided in President & Trustees of Mendota v. Thompson, 20 Ill. 200. The proof of the publication of the ordinance, in regard to which a point is also made, is such as the charter authorizes.
The main objection urged by appellant as a ground for reversing the judgment is, that the ordinance is unconstitutional. But this question, so far as it relates to the retailing of liquor or beer, is not an open question in this court. It was very fully considered in ...
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