The Town of Petersburg v. Metzker

• Decision Date: 31 January 1859
• Citation: 21 Ill. 205,1859 WL 6733,11 Peck 205
• Parties: THE TOWN OF PETERSBURG, Plaintiff in Error,v.GRIGGSBY METZKER, Defendant in Error.
• Court: Illinois Supreme Court

21 Ill. 205
1859 WL 6733 (Ill.)
11 Peck (IL) 205

THE TOWN OF PETERSBURG, Plaintiff in Error,
v.
GRIGGSBY METZKER, Defendant in Error.

Supreme Court of Illinois.

January Term, 1859.

ERROR TO MENARD.

The powers of all corporations are limited by the grants in their charters, and cannot be extended beyond them.

When the charter of a town authorized the Board of Trustees to inflict such punishment for any offense against the laws of the incorporation, as may be provided by law for like offenses against the laws of the incorporation, as may be provided by law for like offenses against the laws of the State: Held, that this did not authorize the passage of an ordinance imposing a fine of from five to fifty dollars for an assault, etc., the minimum fine for such an offense, under the laws of the State, being three dollars.

THE town of Petersburg, in the county of Menard and State of Illinois, had filed before one J. J. H. Pillsbury, a police justice, in and for said town, a complaint against said defendant, charging him with violating the 2nd section of ordinance No. 7, of the town ordinance, by-laws of the town of Petersburg. The said defendant was tried before the justice and fined ten dollars, and thereupon he appealed to the Circuit Court of Menard county.

This cause came up for trial at the May term of said court 1858, before HARRIOTT, Judge, of said circuit, and was tried by the court, without the intervention of a jury, by agreement. The plaintiff read the town charter, amendments, etc., and produced the evidence, but the defendant notwithstanding, moved the court to dismiss the complaint and proceeding, because the whole ordinance was inconsistent with the laws of Illinois, and contrary to the constitution, and therefore void. The court heard the motion and after taking the same under consideration, granted it, and dismissed the case for the reasons aforesaid.

[21 Ill. 206]

The 2nd section of the ordinance is as follows, to-wit: No. 7. Disturbance of the peace. Sec. 1st. Be it ordained, etc. If any person or persons who shall be guilty of an assault and battery or any affray within the corporate limits of the town of Petersburg, shall, on conviction thereof, forfeit and pay not less than five dollars, nor more than fifty dollars.

Sec. 2nd. Be it, etc. Any person or persons who shall disturb the peace and quiet of the town of Petersburg, or any of the families or inhabitants within the corporate limits thereof, by loud and unusual noises, blowing horns...