Mason v. the City of Shawneetown.

Citation1875 WL 8357,77 Ill. 533
PartiesHEZEKIAH G. MASON et al.v.THE CITY OF SHAWNEETOWN.
Decision Date30 June 1875
CourtSupreme Court of Illinois

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Saline county; the Hon. MONROE C. CRAWFORD, Judge, presiding. Mr. F. M. YOUNGBLOOD, for the appellants.

Mr. W. L. HALLEY, and Mr. R. W. TOWNSHEND, for the appellee.

Mr. JUSTICE CRAIG delivered the opinion of the Court:

This was a bill in equity, brought by Hezekiah G. Mason and Willard Mason, in the circuit court of Gallatin county, against the city of Shawneetown and others, to enjoin the city and its officers from levying and collecting any taxes for the payment of either interest on or principal of certain levee bonds issued by the city of Shawneetown.

The venue of the cause was changed to Saline county, where a hearing was had upon bill, answers, replication and proofs, and a decree was entered dissolving the injunction and dismissing the bill, to reverse which the complainants bring the record here by appeal.

In the act incorporating the city of Shawneetown (Private Laws of 1861, page 272), section 2 of article 9 declares--

SEC. 2. It shall be the duty of the city council, as soon as practicable after the passage and adoption of this act, to proceed and make arrangements for the construction of a levee that will so far surround the city, of a sufficient height and breadth, as to entirely prevent the future inundation or overflow of said city, or any part of it, from the waters of the Ohio or Wabash rivers; and they are hereby authorized and empowered to borrow money, at not exceeding one per cent a month interest, and to pledge the revenue of the city, together with the revenue and taxes mentioned in the first section of this article, for the payment of said money and interest thereon; and they shall issue bonds, to secure the payment of said money, with full specifications, signed by the mayor and attested by the city clerk, under the seal of the said city.”

Section 3 authorizes the city council to make contracts for the construction of the levee, to appoint a surveyor to lay off the grounds upon which the levee shall be constructed, and authorizes such repairs and alterations to be made as shall be deemed proper.

Section 2 of article 6 gives the city power to borrow money and pledge the revenue of the city for the payment thereof, provided that no sum or sums of money shall be borrowed at a greater interest than ten per cent per annum, for ordinary purposes.

Section 19, article 10, provides that no money shall ever be borrowed by the city council unless the ordinance therefor shall first be submitted and voted for by a majority of the voters voting at an election for that purpose, except for constructing or repairing a levee.

Section 22 of article 6 declares the city council shall have power to make all ordinances which shall be necessary and proper for carrying into execution the powers specified in the act, so that such ordinances be not repugnant to, nor inconsistent with, the constitution of the United States or of this State.

In pursuance of a petition presented of the property holders of the city of Shawneetown, at the regular May meeting, 1870, of the city council, an ordinance was enacted as follows:

Be it ordained by the city council of the city of Shawneetown, That at the city election to be held on the 6th day of June, 1870, there shall be submitted to the legal voters of the city the following proposition: Shall the city of Shawneetown issue bonds to an amount not exceeding $50,000, to be due and payable in twenty years, reserving the right to the city to pay the same at any time after five years, with interest, payable semi-annually, at the rate of not more than ten per cent, to be applied solely to the construction of a levee that will surround the city, of a sufficient height and breadth to entirely protect the city from further inundation and overflow, at all times; the work on said levee to be given to the lowest responsible bidder for the same, after ample publication of the time and place of letting the contract. All legal voters of the city voting on this proposition shall deposit a ballot, on which shall be written or printed, ‘For Levee,’ or, ‘Against Levee.’

Under this law of the city, an election was held, which...

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29 cases
  • Sluder v. St. Louis Transit Co.
    • United States
    • Missouri Supreme Court
    • June 1, 1905
    ... ... An ordinance of the city of St. Louis provides that the motorman propelling a street car shall keep a vigilant watch for ... 91; Thorpe v. Railroad, 27 Vt. 140, 62 Am. Dec. 625; Railroad v. Haggerty, 67 Ill. 113; Mason v. Shawneetown, 77 Ill. 533; Hayes v. Railroad, 111 U. S. 228, 4 Sup. Ct. 369, 28 L. Ed. 410; ... ...
  • Sluder v. St. Louis Transit Co.
    • United States
    • Missouri Supreme Court
    • June 1, 1905
    ... ...           Appeal ... from St. Louis City" Circuit Court. -- Hon. Franklin Ferriss, ...           ... Affirmed ...        \xC2" ... ordinance does not create liability for anything more than ... the penalty prescribed. Mason v. Shawneetown, 77 ... Ill. 533; Hayes v. Railroad, 111 U.S. 267; Fath ... v. Railroad, 105 ... ...
  • Jackson v. Kansas City, Fort Scott and Memphis Railroad Company
    • United States
    • Missouri Supreme Court
    • June 30, 1900
    ... ... 672, and in Grube v. Railroad, 98 Mo. 330, 11 S.W ... 736, 14 Am. St. Rep. 645, 4 L.R.A. 776 ...          It was ... held in Mason v. City of Shawneetown, 77 Ill. 533, ... that where an incorporated city or town is vested by the ... Legislature with power to pass ordinances, ... ...
  • Jackson v. Kansas City, Ft. S. & M. R. Co.
    • United States
    • Missouri Supreme Court
    • May 8, 1900
    ... ... Railway Co., 88 Mo. 672, and in Grube v. Same, 98 Mo. 330, 11 S. W. 736, 4 L. R. A. 776. It was held in Mason v. City of Shawneetown, 77 Ill. 533, that, where an incorporated city or town is vested by the legislature with power to pass ordinances, an ... ...
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