People v. Mellen

• Decision Date: 30 April 1863
• Citation: 1863 WL 3169,32 Ill. 181
• Parties: THE PEOPLE OF THE STATE OF ILLINOIS, ex rel. HENRY R. CHITTENDEN,v.CHARLES H. MELLEN, Treasurer of the City of Warsaw.
• Court: Illinois Supreme Court

32 Ill. 181

1863 WL 3169 (Ill.)

THE PEOPLE OF THE STATE OF ILLINOIS, ex rel. HENRY R. CHITTENDEN,

v.CHARLES H. MELLEN, Treasurer of the City of Warsaw.

Supreme Court of Illinois.

April Term, 1863.

THE mandamus sought in this application was to enforce the payment by defendant, of an order drawn by the mayor of the city of Warsaw, of which defendant was the treasurer.

The act referred to by the court is as follows:

“AN ACT to repeal certain acts therein named:

SECTION 1. Be it enacted * * * * that an act entitled ‘An act to incorporate the city of Warsaw,’ approved February 12, 1863, and an act entitled ‘An act to reduce the act incorporating the city of Warsaw and the several acts amendatory thereof into one act, and to amend the same,’ and all acts passed in aid of either of the aforesaid acts, be and the same are hereby repealed.

SEC. 2. That the territory embraced within the boundaries mentioned in the last of the above named acts be and the same is hereby declared to constitute a town in the county of Hancock and state of Illinois, for county, school and all other purposes, as much so in all respects as if the same constituted a complete congressional township, and had been properly established by the county authorities, and shall, at the next general election, elect all such town officers as other towns in said county are required to elect.

SEC. 3. That all the estate, both real and personal, heretofore or now held by the board of education for the city of Warsaw, is hereby declared to be vested in the school trustees, to be elected under the provisions of this act, in the same manner that the school property of other towns in this state is now by law held.

SEC. 4. That all suits now pending in favor of the said board of education in any court in this state, for the recovery of money or property, are hereby declared to be pending in the name of the trustees of schools hereafter to be elected under the provisions of this act, and in whom the school property is hereby vested, in the same manner as in other towns in this state acting under township organization.

SEC. 5. This act shall take effect and be in force from and after its passage.

Approved February 3, 1863.”

B. C. Cook appeared for Henry R. Chittenden, the relator.

CATON, C. J.

We have hesitated long, and anxiously considered the case, before declaring our convictions that this law eannot be sustained under our constitution. This is a local law, and the clause of the constitution is this: “And no private or local law which may be passed by the general assembly, shall embrace more than one subject, and that shall be expressed in the title.” Art. III, sec. 23, New Constitution [of 1848]. The act is entitled: “An act...