Mason v. the City of Shawneetown.
Citation | 1875 WL 8357,77 Ill. 533 |
Parties | HEZEKIAH G. MASON et al.v.THE CITY OF SHAWNEETOWN. |
Decision Date | 30 June 1875 |
Court | Supreme 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.
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--
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:
Under this law of the city, an election was held, which...
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