Weightman v. Clark
Decision Date | 01 October 1880 |
Citation | 26 L.Ed. 392,103 U.S. 256 |
Parties | WEIGHTMAN v. CLARK |
Court | U.S. Supreme Court |
APPEAL from the Circuit Court of the United States for the Southern District of Illinois.
The facts are stated in the opinion of the court.
Mr. Henry Flanders and Mr. R. J. C. Walker for the appellants.
Mr. John I. Rinaker, contra.
By the Constitution of Illinois, adopted in 1848, counties were recognized as existing political subdivisions of the State, and the General Assembly was authorized to provide by a general law for a township organization, under which any county might come, whenever a majority of the voters should, at any general election, so determine. If a county did adopt a township organization, the management of its fiscal affairs by the county court might be dispensed with, and the business of the county transacted in such manner as the General Assembly should provide. Art. 7, sect. 6. Under the authority of this provision of the Constitution, an act was passed by the General Assembly authorizing such an organization, by which townships could be established and made bodies corporate, with certain defined governmental powers. Gross, State. 1869, p. 741.
By another statute each congressional township in the State was 'established a township for school purposes.' Id., p. 691. The business of such a township was to be done by three trustees, to be elected from time to time by the legal voters of the township, and who were made 'a body politic and corporate, by the name and style of 'trustees of schools of township___, range___,' according to the number.' The powers of these trustees related exclusively to the business of the public schools in the township. They had authority to lay off the township into school districts and apportion the school funds, and were charged with certain other duties connected with school affairs and school lands within their jurisdiction. They had no power to levy taxes. That was to be done by the directors of the several school districts which should be created.
Art. 9, sect. 5, of the Constitution of 1848 is as follows:——
The Illinois Farmers' Railroad Company was incorporated Feb. 28, 1867, and by an amendment to its charter, passed April 15, 1869, the following provisions were made:——
' notice of which shall be given, elections held and returns made as provided by the general election laws of this State: And provided further, that no such bonds shall issue, nor shall any interest be payable thereon or accrue, until said road is completed through the said town, township, city, or county: And provided further, that the subscriptions on the part of the said counties shall not be for a sum exceeding two thousand dollars per mile of the line of the said road in the said counties. .
' .
The county of Morgan, through which the road of this...
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