People ex rel. Bothfuhr v. Hines, 12928.

• Court: Supreme Court of Illinois
• Citation: 125 N.E. 336,290 Ill. 519
• Docket Number: No. 12928.,12928.
• Parties: PEOPLE ex rel. BOTHFUHR, County Collector, v. HINES, Director General of Railroads.
• Decision Date: 17 December 1919

290 Ill. 519
125 N.E. 336

PEOPLE ex rel. BOTHFUHR, County Collector,
v.
HINES, Director General of Railroads.

No. 12928.

Supreme Court of Illinois.

Dec. 17, 1919.

Error to Kankakee County Court; John H. Gillan, Judge.

Proceeding by the People, on the relation of A. Bothfuhr, County Collector, for the collection of tax objected to by Walker D. Hines, Director of Railroads. There was a judgment of the county court in favor of the collector, and objector brings error.

Reversed in part and remanded, with directions.

[290 Ill. 519]W. R. Hunter, of Kankakee, for plaintiff in error.

Wayne H. Dyer, State's Atty., of Kankakee, for defendant in error.

THOMPSON, J.

This writ of error is prosecuted to review a judgment of the county court of Kankakee county overruling the objections of plaintiff in error to a community high school [290 Ill. 520]tax of $1,727.28 and a county tax of $73.89 and ordering sale of the property of plaintiff in error pursuant to law.

The community high school tax was levied for high school district No. 158, which was organized under the act of 1911 (Laws 1911, p. 505). All the objections here urged to the validity of this tax have been considered by the court, and have been disposed of contrary to the contentions of plaintiff in error. Fisher v. Fay, 288 Ill. 11, 122 N. E. 811;People v. Pittsburg, Cincinnati, Chicago & St. Louis Railroad Co., 284 Ill. 87, 119 N. E. 914;People v. Mathews, 282 Ill. 85, 118 N. E. 491;People v. New York Central Railroad Co., 282 Ill. 19, 11,118 N. E. 481, 462. The objections to this item of tax were properly overruled.

One item of county tax to which objection was made was a levy of $4,300 for the salary of the state's attorney and his assistant. The total expenses of the state's attorney's office were about $5,000, and the state's attorney had collected and turned into the county treasury $4,080.34. We had under consideration in People v. Jackson, 272 Ill. 494, 112 N. E. 344,People v. Chicago Great Western Railroad Co., 279 Ill. 176, 116 N. E. 664, and People v. Chicago & Eastern Illinois Railroad Co., 281 Ill. 177, 118 N. E. 2, the same questions here raised as to this item of tax, and for the reasons set forth in those opinions the objections to this item should have been sustained.

Objection is also made to a levy of $400 for ‘educational purposes.’ The objection to this item is that ‘it is not specified for what purpose said $400 is levied, and the same is so indefinite and uncertain that it is...