Board of Trustees of Schools v. People ex rel. Toledo, Wabash & Western Railway Co.
Illinois Supreme Court
Appeal from the Circuit Court of Macoupin county; the Hon. H. M. Vandeveer, Judge, presiding. This was a petition for a mandamus to compel the trustees of schools of township number 7 north of range number 6 west of the third principal meridian, to issue township bonds in aid of the construction of a railroad, in compliance with a subscription previously made in consideration of the passage of its track through their township.
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Appeal from the Circuit Court of Macoupin county; the Hon. H. M. Vandeveer, Judge, presiding. This was a petition for a mandamus to compel the trustees of schools of township number 7 north of range number 6 west of the third principal meridian, to issue township bonds in aid of the construction of a railroad, in compliance with a subscription previously made in consideration of the passage of its track through their township. The subscription was made after an affirmative vote of the qualified electors of the township, under the provisions of the act of January 23d, 1869, amendatory of the…
1Opinion of the CourtJustice Thornton
A peremptory writ of mandamus was awarded by the circuit court, commanding the board of trustees to issue and deliver to the railway company, in aid of its road, certain bonds, in pursuance of a vote of the people.
The county of Macoupin was not under township organization, and the law authorized the trustees of schools to act as judges of elections, and provided for a submission to the voters of the township of the question of subscription to the capital stock of the railroad corporation, and the issue of bonds if the vote was in favor of subscription. Vol. 3, Pri. Laws 1869, 277.
• This is…
2Cases cited1 opinion
- Harward v. St. Clair & Monroe Levee & Drainage Co.Illinois Supreme Court · 1869
3Cited by2 opinions
- People ex rel. Cairo & St. Louis R. R. v. Trustees of SchoolsIllinois Supreme Court · 1875
- Clingman v. World's Columbian ExpositionIllinois Circuit Court · 1893