People ex rel. Wetz v. Hepler

• Decision Date: 03 June 1909
• Citation: 88 N.E. 491,240 Ill. 196
• Parties: PEOPLE ex rel. WETZ et al. v. HEPLER et al.
• Court: Illinois Supreme Court

240 Ill. 196

88 N.E. 491

PEOPLE ex rel. WETZ et al.

v.HEPLER et al.

Supreme Court of Illinois.

April 23, 1909.

Rehearing Denied June 3, 1909.

Appeal from Circuit Court, Livingston County; George W. Patton, Judge.

Information in the nature of quo warranto by the People, on the relation of Leonard Wetz and another, against C. A. Hepler and others. A demurrer to an amended plea was sustained, and, defendants refusing to plead further, judgment was entered against them, and they appeal. Affirmed.

See, also, 226 Ill. 275, 80 N. E. 759.

Chubbuck & Jones and A. C. Norton, for appellants.

Burt W. Adsit, State's Atty., McIlduff & Thompson, Winslow Evans, U. W. Louderback, and Guy L. Louderback, for appellees.

CARTWRIGHT, C. J.

This suit was commenced by the state's attorney of Livingston county by filing in the circuit court of the said county an information in the nature of quo warranto, on the relation of Leonard Wetz and Frank Reed, against C. A. Hepler and George Brown, of Reading township, in Livingston county, and Patrick Healy, of Osage township, in La Salle county, charging the defendants with unlawfully assuming to exercise corporate powers as commissioners of the supposed drainage district called Union Drainage District No. 1 of Reading township, Livingston county, and Osage township, La Salle county. The defendants by their amended plea set out the steps that had been taken in the organization of the district, and to that plea replications were submitted to a jury. The court refused to admit in evidence the record kept by the clerk, and, there being no sufficient evidence of the organization of the district, a verdict of guilty was directed and returned, and a judgment of ouster was entered. That judgment was reversed by this court for error in excluding the record kept by the clerk and the cause was remanded to the circuit court. Hepler v. People ex rel., 226 Ill. 275, 80 N. E. 759. The record did not show that the meetings for the organization of the district were held outside of its boundaries, and there was no issue relating to that subject. On the record then before the court it was considered that the district was legally organized; but, when the cause was reinstated in the circuit court, the issues were changed by the voluntary action of the parties. The relators withdrew all their replications to the amended plea, and the defendants again amended the plea by adding an averment that all of the meetings for the organization of the district were held at the office of Joseph Bradley, the town clerk of Reading township, in Ancona, in Livingston county, three-quarters of a mile distant from Union Drainage District No. 1. To the plea as so amended the relators demurred, and the demurrer was sustained. The defendants elected to stand by the plea, and judgment of ouster was entered, and a nominal fine was assessed against them. From that judgment this appeal was taken.

The act to provide for drainage for agricultural and sanitary purposes requires a petition of landowners to be filed with the town clerk, who is to give notice of a meeting for the purpose of considering the petition by posting printed or written notices in at least three public places in or near the proposed drainage district. At such meeting any person owning land in the district whose name does not appear on the petition may appear and controvert any material statement in the petition. If the commissioners find in favor of the petitioners, they are required to adjourn to a fixed time and publicly announce the same, and to go upon the lands included in the district and personally examine them. At the time appointed for the adjourned meeting, and at any subsequent adjourned meeting, they are to find whether the lands will be benefited, and may find from the evidence of witnesses that the cost of the proposed work...