City of Newport v. McLane

Opinion of the Court by

Judge Richardson

Reversing.

This appeal requires the differentiation of the legislative and administrative functions of a hoard of 'commissioners of a city of the second class, and the determination of their personal liability to the city for a diversion of a portion of its sinking fund. We shall hereafter use the term “divert,” or “diversion,” in the sense of turning money belonging to one fund, permanently, from its purpose or the final appropriation of it, to some other use of the city. Gates v. Sweitzer, 347 Ill. 353, 179 N. E. 837, 79 A. L. R. 1151.

The city of…