White v. Barrett
Decision Date | 24 March 1970 |
Docket Number | No. 42354,42354 |
Citation | 258 N.E.2d 334,45 Ill.2d 206 |
Parties | Claron N. WHITE et al., Appellants, v. Edward J. BARRETT, County Clerk, et al., Appellees. |
Court | Illinois Supreme Court |
Claron N. White, Chicago, for appellants.
Edward V. Hanrahan, State's Atty., Chicago (Daniel P. Coman, Chicago, Chief of the Civil Division, and Francis Barth, Asst. State's Atty., of counsel), for appellees Edward J. Barrett and Edmund J. Kucharski.
John A. Haas, Mt. Prospect (David S. Krause, Mt. Prospect, of counsel), for appellee Prospect Heights Public Library Dist.
This is a direct appeal from the circuit court of Cook County. A question of revenue is involved. The facts are not in dispute. Plaintiffs, Claron N. and Mary F. White are the owners of certain realty located within the village of Arlington Heights. Prior to January 1, 1968, taxpayers' property was in the territory of and was taxed by the Prospect Heights Public Library District and was also in the village of Arlington Heights and was being taxed for the benefit of the Arlington Heights Memorial Library.
Plaintiffs brought this class action suit for a writ of Mandamus or alternatively for a declatory judgment and writs of injunction with respect to the continued extension of taxes of the Prospect Heights Public Library District for 1968 and thereafter against the real estate of plaintiffs and other taxpayers similarly situated. It was plaintiffs' contention that House Bill 99 (Laws of 1967, p. 288), passed by the 75th General Assembly, was enacted to provide for disconnection of library districts by operation of law, with certain exceptions which are not applicable here, and that his property was thereby disconnected from the Prospect Heights Public Library District.
The defendants, Edward J. Barrett, county clerk of Cook County, Edmund J. Kucharski, county treasurer and the Prospect Heights Public Library District filed motions to dismiss contending that this Act was repealed by House Bill 510 (Laws of 1967, p. 1684), passed by that same session of the legislature; that under this latter Act, a different procedure for disconnection had been authorized, which had not been complied with; and, plaintiffs' complaint was insufficient in law to state a cause of action. After arguments the circuit court sustained the motions to dismiss.
On April 19, 1967, House Bill 99 was signed into law by the Governor. It added section 12a to the Public Library Districts Act of 1957, as amended (Ill.Rev.Stat.1965, ch. 81, pars. 27.16 Et seq.) which provided as follows:
Laws of * * *'1967, pp. 288, 289; Ill.Rev.Stat.1967, ch. 81, 27.27a.
On July 17, 1967, an entirely new library district act, 'The Illinois Public Library District Act', House Bill 510, was signed into law. (Ill.Rev.Stat.1967, ch. 81, pars. 1001--1 Et seq.) Article 8 of that Act contains a repeal provision, wherein it is provided:
' § 8--1. The following is repealed: 'An Act in relation to the creation of public library districts', approved May 16, 1957, As amended. (Emphasis added.)
In addition section 2--9 of this new Act (Ill.Rev.Stat.1967, ch. 81, par. 1002--9) provided a new procedure for disconnection from a library district; I.e., by submitting the question to the voters residing in the territory sought to be disconnected after compliance with certain requirements. Plaintiffs admit that the requirements for disconnection under this new statute have not been met.
The only question presented on this review is whether the repeal provisions of House Bill 510 effectively repealed House Bill 99, passed earlier during the same session of the legislature.
It is plaintiffs' contention that section 12a (Laws of 1967, p. 288) was not effective until January 1, 1968, and therefore could not have been repealed by House Bill 510. Section 13 of article IV of the constitution (Ill.Const., art. IV, sec. 13) provides in part: 'And no act of the general assembly shall take effect until the first day of July next after its passage, unless, in case of emergency * * * .' Section 16 of article V further provides: (Ill.Const., art. V, sec. 16) Our court has construed these sections as meaning that (People ex rel. Graham v. Inglis,161 Ill. 256, 262, 43 N.E. 1103; Board of...
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