Thomas v. Bd. of Trustees of The Ill. Indus. Univ.
| Decision Date | 31 January 1874 |
| Citation | 71 Ill. 310,1874 WL 8663 |
| Parties | GEORGE THOMASv.BOARD OF TRUSTEES OF THE ILLINOIS INDUSTRIAL UNIVERSITY et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
WRIT OF ERROR to the Circuit Court of Champaign county; the Hon. C. B. SMITH, Judge, presiding.
This was a proceeding to enforce an alleged mechanic's lien upon the property of the Illinois Industrial University. Mr. JAMES A. KENNEDY, for the plaintiff in error.
Messrs. CUNNINGHAM & WEBBER, for the defendants in error.
It is urged, in affirmance of the decree of the court below, that the entire property and management of the university belongs to and is under the control of the State, and that the Mechanic's Lien Law does not apply to the case. When that law is considered, it is apparent that it contains no language from which it can be inferred that the legislature intended its provisions to apply to labor done for, or materials furnished to, the State, in the improvement of its real estate. The entire scope of that act refers to individuals and to private corporations, and it would violate the long and ever recognized canon of interpretation, that laws which refer to inferiors can not be held to embrace superiors, or laws referring to individuals do not embrace the State. This law only, in terms, applies to persons, and can not be held to embrace the State, or the general or local public, or even those who hold property of the State in trust, and are improving it for and under the direction of the State. It then follows that, if this is a State institution, belonging to and entirely controlled by the State, at its expense, the workman has no lien on the property for his pay.
Is this university, then, a State institution, or is it a private corporation? It has been largely endowed with funds by the State, received by donation for the purpose, from the general government. The act by which it is organized places its control under the authority of the State. The Governor is required to appoint, and the Senate to confirm, the trustees who control the institution, except the Governor and Superintendent of Public Instruction are made ex officio members of the board of trustees, for the management of the fund and the government of the university. There is nothing in the act from which it can be inferred that this institution was, in any respect, to be a private corporation, either in whole or in part. It was founded on donations from the general government, the county of Champaign, the Central railroad, and, it may be, from private individuals. These donations consisted of land scrip from the general government, lands and bonds given by Champaign county, freights by the railroad company, the title to which was transferred to the State, and became the property of the State, to hold in trust for the purposes of the university, and these trustees and officers were appointed by the authority of the State for its government and control. Private individuals have no interest in or control over it, but it is, in every sense of the term, a State institution. It, with its property, management and control, is entirely...
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