St. Louis v. Trustees of Ill. Inst. For the Educ. of The Blind.

• Decision Date: 31 January 1867
• Citation: 43 Ill. 303,1867 WL 5031
• Court: Illinois Supreme Court
• Parties: ST. LOUIS, JACKSONVILLE & CHICAGO R. R. CO.v.TRUSTEES OF ILLINOIS INSTITUTION FOR THE EDUCATION OF THE BLIND.

43 Ill. 303

1867 WL 5031 (Ill.)

ST. LOUIS, JACKSONVILLE & CHICAGO R. R. CO.

v.TRUSTEES OF ILLINOIS INSTITUTION FOR THE EDUCATION OF THE BLIND.

Supreme Court of Illinois.

January Term, 1867.

APPEAL from the Circuit Court of Sangamon county; the Hon. EDWARD Y. RICE, Judge, presiding.

This was a proceeding commenced by the St. Louis, Jacksonville and Chicago Railroad company before a justice of the peace of Morgan county, for the purpose of condemning a portion of the grounds owned and used by the State, for the maintenance of the institution for the education of the blind, situated in the city of Jacksonville, for depot purposes.

Three commissioners were appointed to examine and condemn the property. They reported that they had condemned for the use of the road a strip on the west side of the grounds of the institution. From this assessment the trustees of the institution appealed to the Circuit Court of Morgan county. Afterward the case was removed by change of venue to the Circuit Court of Sangamon county.

A trial was subsequently had in that court on an agreed state of facts, when the court quashed the proceeding and reversed the condemnation made by the three commissioners. And the case is brought to this court on appeal for the purpose of reversing the judgment of the Circuit Court.

Messrs. MORRISON & EPLER, for the appellants.

Mr. HENRY E. DUMMER, for the appellees. Mr. CHIEF JUSTICE WALKER delivered the opinion of the Court:

It appears that the Jacksonville, Alton and St. Louis, and the Tonica and Petersburg railroads, were consolidated under the general law of this State regulating such organizations, and thereby became the St. Louis, Jacksonville and Chicago Railroad company. By an act of the general assembly approved February 13, 1863, this consolidation and the first election of its officers were declared legal and valid. This act also declares that the company thus formed shall enjoy, possess and exercise all of the privileges, immunities and franchises, which were possessed by either and both of the companies entering into and forming the consolidation, and vests in the new company all of the property, rights, credits and choses in action previously held and owned by the two companies entering into the new organization.

At the session of 1853, of the general assembly, a charter was granted to construct a railroad from Jacksonville to Alton under the name of the Jacksonville and Carrolton railroad. At the session of 1857, by an amendatory act, the name of the company was changed to that of the “Jacksonville, Alton and St. Louis Railroad company.” By the third section of this amendatory act, the company were authorized to receive voluntary grants of lands or other property for the use of the road. “Also to enter upon, take possession of and use, all and singular any lands, streams and materials of every kind, for the location of depots and stopping stages, for the purpose of constructing bridges, dams, embankments, excavations, station grounds, spoil banks, turn-outs, engine-houses, shops and other buildings necessary for the construction, completing,” etc., of the road. And this section further provides that, “All such lands, materials and privileges belonging to the State, are hereby granted to said corporation for said purposes.” It is under this enactment that appellants claim the right to appropriate a portion of the grounds used and occupied by the State for the institution for the education of the blind. These premises are owned by the State, on which buildings and other improvements have been made at large expense from the State treasury, and it is maintained at a large expense by annual appropriations. It is regarded as an institution deserving the care of the State, and requiring its support. Nor has the State, so far as we are aware, ever manifested the slightest disposition to abandon it, as to transfer it to other hands. It is one of the institutions to which our citizens look with pride, and no limited degree of satisfaction. It is supposed to confer upon the community great benefits, that could not be attained by any other practical means. It confers all of...