People Ex Rel. the Ill. Midland Ry. Co. v. the Supervisor

• Decision Date: 31 January 1878
• Citation: 88 Ill. 469,1878 WL 9912
• Parties: THE PEOPLE ex rel. The Illinois Midland Railway Companyv.THE SUPERVISOR AND CLERK OF TOWN OF WAYNESVILLE.
• Court: Illinois Supreme Court

88 Ill. 469

1878 WL 9912 (Ill.)

THE PEOPLE ex rel. The Illinois Midland Railway Company

v.THE SUPERVISOR AND CLERK OF TOWN OF WAYNESVILLE.

Supreme Court of Illinois.

January Term, 1878.

OPINION TEXT STARTS HERE

This was an application by the Illinois Midland Railway Company for a mandamus, against the supervisor and town clerk of the town of Waynesville, in De Witt county, to compel them to issue and deliver to the relator $50,000 of the bonds of the town, upon a subscription voted by the electors of the town to the relator company.

Mr. R. G. INGERSOLL, Mr. W. S. BUSH, and Mr. D. MCCULLOCH, for the relator.

Messrs. STEVENSON & EWING, for the respondents.

Mr. JUSTICE WALKER delivered the opinion of the Court:

The charter of relator (sec. 9, Private Laws 1869, vol. 3, p. 173,) provides, that any city, incorporated town or township situated on, or near to, the line of the railroad as it shall be surveyed or thereafter located, shall be authorized to hold elections to determine whether such municipalities would subscribe for shares of its capital stock and issue bonds to pay therefor. It prescribes the manner of calling elections and the mode in which they should be conducted; but the section contains this proviso: “ Provided, that such bonds shall not be delivered to said railroad company nor any payment be made on such subscription until an amount of work shall have been done on said railroad in such town, or on such part of the line of said railroad as the authorities of such city, incorporated town or township issuing such bonds shall designate, equal in value to the amount of bonds to be issued.”

Under this law, notice was given, and an election held in the township of Waynesville on the 9th day of August, 1869, to determine whether the municipality would subscribe for $50,000 of the shares of stock of relator's railroad, and issue bonds in payment therefor. The election resulted in favor of subscription.

The petition to have the election called and the notice thereof contained this condition: “That the said railroad company shall build said railroad through the town of Waynesville, and permanently establish and locate a station within one-quarter of a mile of the public square or district school house in said town, the bonds for the same to be issued by the proper township officers; said bonds to bear ten per cent interest from date of issuing, and to be delivered to the said railroad company whenever work is done to the amount of said bonds in said township.”

Subsequently, on the 20th of September, 1869, another election was held, pursuant to a previous notice. This election was to determine whether the township would donate $100 to the company, and the notice contained this proviso: “ Provided, said money shall be payable to the order of the president of said railroad company, to pay the engineer for surveying said route through the township of Waynesville, making estimates and surveys: Provided, further, that as to the $50,000 already subscribed by the vote of said township on the 8th day of August, A. D. 1869, the bonds shall issue on said subscription and be delivered by the proper authorities to the said company, as follows: $25,000 of said bonds as aforesaid shall be delivered to said railroad company when the road is graded, bridged and tied through the townships of Barnett and Waynesville, and the other $25,000 in bonds shall be delivered to said railroad company when the said road is graded, bridged and tied from Peoria to the town of Waynesville. Which election will be opened at eight o'clock in the morning, and continue open until six o'clock in the afternoon of the same day.”

The company consolidated its road with another, and the new company, thus organized, assumed its present name. The road was built through the township of Waynesville, the station located, the bonds were demanded by the company, and the officers refused to issue them, this petition was filed and an answer put in by respondents, and the issues were submitted to a jury in the court below. There were no pleas filed or other issues made than were presented by the petition and answer, or other special issues of fact formed, but the trial was had before the jury on each allegation contained in the petition. This was contrary to the well established practice, and should not be sanctioned, as it tends to confuse the jury by too large a number of issues, material or immaterial; it incumbers the record, greatly enhances the expense of litigation, and can not subserve any beneficial end. In such cases, there are usually but a small number of material facts disputed, and issues should only be formed on them. There is, unfortunately, an apparent tendency to great prolixity in the trial of causes, to the great delay of justice and the burthen of heavy costs imposed upon the administration of justice.

The jury have found, and returned in favor of respondents, a large number of propositions, only a few of which are contested, which we shall consider, deeming it wholly unnecessary to comment on the others. The following are the first, second and third of their findings:

“1. We, the jury, find that the amount of work done by petitioner, prior to the filing this petition, on the Peoria, Atlanta and Decatur railroad, including all work and material furnished, grading, ties, iron, switch, and other improvements done and placed in Waynesville township, was $30,000.

2. We, the jury, find...