Prettyman v. Supervisors of Tazewell County
Illinois Supreme Court
ERROR TO McLEAN. This cause was begun in Tazewell county, and the-venue changed to McLean county. The complainant, in his bill, shows to the court, that he is a citizen of the State of Illinois, and a resident and tax-payer of the county of Tazewell, and as such he is interested in everything done in and by said county which is calculated to affect its welfare or militate against its prosperity, and shows, that, on the — day of —, 1853, the due majority of the legal voters…
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ERROR TO McLEAN. This cause was begun in Tazewell county, and the-venue changed to McLean county. The complainant, in his bill, shows to the court, that he is a citizen of the State of Illinois, and a resident and tax-payer of the county of Tazewell, and as such he is interested in everything done in and by said county which is calculated to affect its welfare or militate against its prosperity, and shows, that, on the — day of —, 1853, the due majority of the legal voters of the couuty of Tazewell, at an election held by order of the board of supervisors of said Tazewell county, voted for…
1Opinion of the CourtWalker, J.
The first question we propose to consider, is whether, the legislature has constitutional power to authorize counties and cities to subscribe for shares of the capital stock of railroad companies. To determine the question satisfactorily, it will be proper to ascertain the true rule of construction to be applied in testing the constitutionality of an act of the State legislature. While the federal government is one of delegated powers, supreme to the extent of the power granted, that of a State is rather to be regarded as a limitation of the legislative department, and it is competent for the…
2Cited by31 opinions
- People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
- Stewart v. Bd. of Super. of Polk CountySupreme Court of Iowa · 1870
- Comm'rs of Leavenworth Co. v. MillerSupreme Court of Kansas · 1871
- Board of Supervisors of Schuyler County v. People ex rel. Rock Island & Alton RailroadIllinois Supreme Court · 1860
- Marshall v. SillimanIllinois Supreme Court · 1871
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