Legal Opinion · Dissent

Lewis v. Harness

Appellate Court of Illinois

Decided September 5, 1967No. Gen. No. 67-1Published

1DissentEberspacher, J.

I respectfully dissent from the opinion.

I do not consider that the language of our statute (e 139, § 160.45, Ill Rev Stats) which authorizes the Board of Town Auditors to supervise and control and establish all needful rules and regulations for a sewer system, by ordinance, is sufficiently broad to authorize an ordinance making ineffective the laws of the United States with reference to legal tender. 31 USCA § 392, §§ 451-463. While our General Assembly has provided that taxes may be paid in mediums other (warrants and orders) than those designated by Congress, (c 120, § 672, Ill Rev Stats)…

2Cases cited17 opinions

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. People ex rel. Jones v. WebbIllinois Supreme Court · 1912
  3. Spalding v. City of Granite CityIllinois Supreme Court · 1953
  4. Ehrlich v. Village of WilmetteIllinois Supreme Court · 1935
  5. People Ex Rel. Spiegel v. LyonsIllinois Supreme Court · 1953

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