People ex rel. Burton v. Pittsburgh, C., C. & St. L.R. Co.
| Decision Date | 20 June 1918 |
| Docket Number | No. 12096.,12096. |
| Citation | 119 N.E. 914,284 Ill. 87 |
| Court | Illinois Supreme Court |
| Parties | PEOPLE ex rel. BURTON, County Collector, v. PITTSBURGH, C., C. & ST. L. R. CO. |
OPINION TEXT STARTS HERE
Appeal from Moultrie County Court; Jolin T. Grider, Judge.
Application by the People, on the relation of S. D. Burton, County Collector, for judgment against the Pittsburgh, Cincinnati, Chicago & St. Louis Railroad Company for taxes levied in a certain school district. From the judgment rendered, the railroad company appeals. Reversed and remanded, with directions.E. J. Miller, of Sullivan (D. P. Williams, of St. Louis, Mo., and McCullough & Wierman, of Decatur, of counsel), for appellant.
C. R. Patterson, State's Atty., of Sullivan (Marion Watson, of Arthur, J. W. & E. C. Craig, of Mattoon, and J. L. McLaughlin and Paul Heineke, both of Sullivan, of counsel), for appellee.
Proceedings were taken in December, 1915, for the organization of the Arthur township high school district No. 115 of the counties of Moultrie, Coles, and Douglas under the unconstitutional Township High School Act of 1911 (Laws 1911, p. 505), and in July, 1916, the supposed board of education of the putative district filed with the county clerk of Moultrie county a certificate of the levy of a special tax, by virtueof which the county clerk extended a tax of $235.74 against the Pittsburg, Cincinnati, Chicago & St. Louis Railroad Company. At the June term, 1917, of the county court the collector of Moultrie county applied for a judgment for this tax against the right of way of the railroad company, and the railroad company filed objections. In the meantime the state's attorney had filed a petition in the circuit court for leave to file an information in the nature of quo warranto against the members of the supposed board of education. The circuit court had denied leave and dismissed the petition and an appeal had been taken to the Supreme Court. During the pendency of the appeal and of the application for judgment for taxes the Legislature passed the act of June 14, 1917, to legalize the organization of certain high school districts. Laws of 1917, p. 744. Thereupon at the October term, 1917, of the Supreme Court, the judgment of the circuit court was affirmed, and at the December term of the county court judgment was rendered against the right of way of the railroad company for the tax objected to, and the railroad company appealed. The effect of the act of June 14, 1917, was to establish the validity of the organization of the high school district, and it was held in People v. Mathews, 282 Ill. 85, 118 N. E. 491, that the act also had the effect to make valid every act of the board of education of the district which boards of education were empowered to do under the general school laws.
It is insisted that section 2 of the act, which declares legal and valid in all respects, ‘all acts and proceedings...
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