People ex rel. Farrar v. Edwards

• Decision Date: 17 December 1919
• Docket Number: No. 12985.,12985.
• Citation: 290 Ill. 464,125 N.E. 364
• Parties: PEOPLE ex rel. FARRAR, County Collector, v. EDWARDS.
• Court: Illinois Supreme Court

290 Ill. 464

125 N.E. 364

PEOPLE ex rel. FARRAR, County Collector,

v.EDWARDS.

No. 12985.

Supreme Court of Illinois.

Dec. 17, 1919.

Proceedings by the People, on the relation of George Farrar, County Collector, against J. E. Edwards for an order of sale for delinquent taxes. From a judgment for relator, defendant appeals.

Affirmed.

Appeal from Cass County Court; C. A. E. Martin, Judge.

C. A. Gridley, of Virginia, Ill., and Thomas D. Masters and Walter T. Day, both of Springfield, for appellant.

Lloyd M. McClure, of Beardstown, and Stevens & Herndon, of Springfield, for appellee.

THOMPSON, J.

The county collector of Cass county applied to the county court for judgment and order of sale against the property of J. E. Edwards for delinquent taxes levied by community high school district No. 212, which was organized in 1917 under section 89 of the General School Law as amended in 1917 (Hurd's Rev. St. 1917, c. 122), which provided for the establishment of a community high school. The objection made to the tax was that the act under which the pretended organization was had had been declared unconstitutional in Kenyon v. Moore, 287 Ill. 233, 122 N. E. 548, and that the tax levied was therefore void. It was further contended that the curative act of May 1, 1919, is unconstitutional and that it does not validate the tax. The county court overruled the objections and entered judgment, from which this appeal was prayed and perfected.

The act to legalize the organization of community high school districts, approved and in force May 1, 1919, provides in section 1:

‘That in all cases where a majority of the inhabitants of any compact and contiguous territory voting on the proposition, having voted at any election called for the purpose by the county superintendent of schools, in favor of the organization of such territory into a community high school district, and when at a subsequent election similarly called and held a board of education has been chosen for such district, each such election is hereby made legal and valid and such territory is hereby declared legally and validly organized and established as a high school district, and a valid and existing school district and body politic and corporate of the state for the purpose of establishing and maintaining a high school. The board of education acting for each such district is hereby declared to be the duly constituted corporate authority thereof, and each such board shall hereafter consist of five members, and shall be elected and organized in the same manner and have the powers and discharge the duties of boards of education of school district as provided by sections 86, 126 and 127 of an act entitled ‘An act to establish and maintain a system of free schools,’ approved and in force June 12, 1909, as said sections now exist or may from time to time be amended.'

And in section 2 that--

‘All acts and proceedings heretofore done, had or performed, by each such district and the persons from time to time elected and acting as the board of education thereof, such as are authorized to be done, had or performed by school districts or boards of education thereof by the general school laws of the state, are hereby declared to be legal and valid in all respects, anything in any special charter to the contrary notwithstanding.’ Laws of 1919, p. 907.

This act is substantially in the words of the curative act of June 14, 1917. The constitutionality of the 1917 act was considered and sustained in People v. Madison, 280 Ill. 96, 117 N. E. 493,People v. Woodruff, 280 Ill. 472, 117 N. E. 791, and People v. Fifer, 280 Ill. 506, 117 N. E. 790. All the reasons urged against the constitutionality of the...