People ex rel. Goldberg v. Busse
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This is an appeal by Fred A. Busse, as mayor, of the city of Chicago, and the city of Chicago, from a judgment entered in the circuit court of Cook county awarding a writ of mandamus commanding defendants to issue a license to Julius Goldberg, the relator, to keep a junk shop at No. 6406 South Halsted street, in that city, upon the tender by him of the license fee and bond required by…
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Appeal from the Circuit Court of Cook county; the Hon. Charles M. Walker, Judge, presiding. This is an appeal by Fred A. Busse, as mayor, of the city of Chicago, and the city of Chicago, from a judgment entered in the circuit court of Cook county awarding a writ of mandamus commanding defendants to issue a license to Julius Goldberg, the relator, to keep a junk shop at No. 6406 South Halsted street, in that city, upon the tender by him of the license fee and bond required by the ordinances of said city in relation thereto. The petition for mandamus sets forth all of the ordinances alleged to…
1Opinion of the CourtJustice Scott
The initial question involves a construction of the 95th clause of section 1, paragraph 62, chapter 24, Hurd’s Revised Statutes of 1908. That clause, so far as material, confers upon the city council power “to tax, license and regulate second-hand and junk stores.” Appellee’s position is, that this does not empower the city to direct the location of such stores. It is conceded by appellants that the clause does not give to the city council a general power to prohibit, but it is contended that the word “regulate,” as used in the clause, confers the power to prohibit within certain localities…
2Cases cited4 opinions
- Huesing v. City of Rock IslandIllinois Supreme Court · 1889
- Patterson v. JohnsonIllinois Supreme Court · 1905
- Kiel v. City of ChicagoIllinois Supreme Court · 1898
- Keller v. StoneSupreme Court of Virginia · 1899
3Cited by19 opinions
- The People v. TalbotIllinois Supreme Court · 1926
- City of Collinsville v. SeiberAppellate Court of Illinois · 1980
- Downey v. City of Sioux CitySupreme Court of Iowa · 1929
- Clinton v. . RossSupreme Court of North Carolina · 1946
- State Public Utilities Commission v. EarlyIllinois Supreme Court · 1918
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