People Ex Rel.Jackson B. Young v. the Trustees of The Town of Fairbury.
| Citation | 1869 WL 5288,51 Ill. 149 |
| Parties | THE PEOPLE OF THE STATE OF ILLINOIS ex rel.JACKSON B. YOUNG,v.THE TRUSTEES OF THE TOWN OF FAIRBURY. |
| Decision Date | 30 September 1869 |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
This was a petition for a mandamus.
The facts are presented in the opinion of the court. Mr. JACKSON B. YOUNG, pro se.
Messrs. JOHNSON & HOPKINS, for the respondents.
This is an application to this court, in the name of The People, on the relation of Jackson B. Young, for a writ of mandamus, to compel the President and Trustees of the town of Fairbury, in Livingston county, to give notice to the qualified voters to meet at some proper place and elect a new board of president and trustees for such town.
It appears that the town of Fairbury became incorporated under the general law of this State, on the 15th day of August, 1864, and on that day the qualified voters of the town elected a board of trustees, who chose out of their own body a president; and that annually thereafter a new board of president and trustees were duly elected and qualified, until the year 1869, when no election was held, and the old board, elected on the 15th of August, 1868, continue to hold and exercise the functions of their office. This board having omitted to give notice within the year for which they had been elected, as was their duty, or afterwards, to the qualified voters of the town, to meet and elect a new board, the citizens of the town, in a mass meeting held on the 16th of August, 1869, took the subject under consideration and adopted the following resolution:
“That believing, as we do, that an election for trustees of the town of Fairbury may be lawfully held at any time, after the usual notice has been given, we demand of the said board of trustees that they proceed to give due notice and hold the annual village election.”
It is alleged in the alternative writ, that a committee, consisting of the relator and two other citizens, appointed by the mass meeting, presented this resolution to the trustees, at a regular business meeting of the board, when all the trustees were present and heard the resolution read. This was a sufficient demand upon the trustees to give the necessary notice for an election, and the action of the committee of citizens, in that regard, is not denied in the return.
The reason assigned by the trustees for omitting to give a proper notice for an election before the expiration of their time, as is made their duty in the law under which the town became incorporated, is, that at the time of their election there was an ordinance of said town, and which is still in force, passed by some of their predecessors in office, fixing the time for holding the annual elections for trustees on the 15th day of August in each year; that shortly before it became time to give the notice for the annual election of 1869, they first discovered that the 15th day of August of...
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