People Ex Rel. Schwartz v. Fagerholm

I must dissent in that the court has superimposed its policy predilections over the clear language of section 61 of the Roads and Bridges Act, (Ill. Rev. Stat. 1957, chap. 121, par. 67,) and, under the guise of-statutory construction, has judicially repealed that enactment and reversed its prior decision of Chicago and Eastern Illinois Railroad Co. v. People ex rel. McCord, 206 Ill. 296.

The opinion ignores the command of section 61 that the special election here involved “shall be held at the place of the last regular town * * * meeting” and that each town “shall for the purposes of the…