City of Chicago v. Gunning System
Appellate Court of Illinois
Proceeding to restrain interference with business of painting signs, etc. Appeal from the Superior Court of Cook County; the Hon. Axel Chytkatjs, Judge, presiding. Heard in this court at the March term, 1904.
1Per curiam
The decree entered herein must be sustained for the following reasons:
First. The power of the city council to pass such an ordinance is doubtful. Since municipal corporations exercise delegated and limited powers only, no presumptions can be indulged in as to the validity of their acts. When questioned and the power is not clear, the right to pass a particular ordinance must be shown by the city. Village v. Doherty, 30 Ill. App. 662; Schott v. People, 89 Ill. 197. The only express power in the Cities and Villages Act, relating to signs, is clause 17 of section 1 of article 5, by which the…
2Cases cited13 opinions
- Yick Wo v. HopkinsSupreme Court of the United States · 1886
- Barbier v. ConnollySupreme Court of the United States · 1884
- Yates v. MilwaukeeSupreme Court of the United States · 1871
- Ligare v. City of ChicagoIllinois Supreme Court · 1891
- City of Newton v. BelgerMassachusetts Supreme Judicial Court · 1887
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3Cited by6 opinions
- City of Collinsville v. SeiberAppellate Court of Illinois · 1980
- State ex rel. St. Louis Transfer Co. v. CliffordSupreme Court of Missouri · 1910
- People v. NewmanNew York Court of General Session of the Peace · 1919
- City of St. Louis v. St. Louis Transfer Co.Supreme Court of Missouri · 1914
- City of Knoxville v. Southern Ry. Co.Tennessee Supreme Court · 1923
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