The Bd. of Supervisors of Cumberland County v. Webster

• Decision Date: 31 January 1870
• Parties: THE BOARD OF SUPERVISORS OF CUMBERLAND COUNTYv.GORDON WEBSTER et al.
• Court: Illinois Supreme Court

53 Ill. 141

1870 WL 6165 (Ill.)

THE BOARD OF SUPERVISORS OF CUMBERLAND COUNTY

v.GORDON WEBSTER et al.

Supreme Court of Illinois.

January Term, 1870.

WRIT OF ERROR to the Circuit Court of Cumberland county; the Hon. HIRAM B. DECIUS, Judge, presiding.

The opinion states the case.

Mr. O. B. FICKLIN and Mr. JOHN SCHOLFIELD, for the plaintiffs in error.

Mr. THOMAS BREWER and Mr. W. H. MCDONALD, for the defendants in error.

Mr. JUSTICE WALKER delivered the opinion of the Court:

This was a bill to enjoin the levy and collection of a tax to build a bridge across the Embarrass river, in Cumberland county. The bill alleges that the board of supervisors of Cumberland county, did, at their June session, 1867, attempt, by an order entered of record, to levy and have collected, a tax of twenty cents on each $100 worth of taxable property of the county, for the purpose of building a bridge across the Embarrass river, on the national road. The order required the county clerk to extend the tax for that amount on the several collectors' warrants for the year. It appears that the entire board consists of eight supervisors, and that seven were present when this order was passed, and that four voted for, and three against its adoption. And it is contended that this order for the levy of the tax is unauthorized and void for the want of power for its levy by a less number than a majority of the whole board voting therefor.

It is provided by the fourth clause of the sixth sec. of art. 14, township organization laws (Gross' comp. 758) that the board may appropriate funds to aid in the construction of roads and bridges in any part of their respective counties, whenever a majority of the whole board of the county may deem it expedient and proper.

The general assembly, by a special act, approved the nineteenth day of February, 1867, empowered the board of supervisors of Cumberland county to levy and collect a tax of not more than thirty cents on each one hundred dollars worth of taxable property, in the same manner as other taxes are levied and collected, to be appropriated to building a bridge or bridges in the county. (Private laws, 1867, vol. 3, p. 120.) These provisions seem to be all that relate to this subject.

Under the general provision contained in the fourteenth article of the township organization law, it seems to be imperative that a majority of the board of the whole county should concur in the appropriation. The language can bear no other interpretation; in fact, it is too plain for construction. It is clearly and positively written that a majority of all of the supervisors must concur in the action, and it follows that when a less number adopt such an order, it is in contravention of this statute, and cannot be...