City of Earlville v. Radley
Illinois Supreme Court
Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar EldrEdge, Judge, presiding. The circuit court of LaSalle county, on a hearing, without a jury, of an appeal from a police magistrate of the city of Earlville, rendered a judgment against the appellant for a penalty of four dollars for absenting himself from four meetings of the city council, of which he was a member.
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Appeal from the Appellate Court for the Second District ;—heard in that court on appeal from the Circuit Court of LaSalle county; the Hon. Edgar EldrEdge, Judge, presiding. The circuit court of LaSalle county, on a hearing, without a jury, of an appeal from a police magistrate of the city of Earlville, rendered a judgment against the appellant for a penalty of four dollars for absenting himself from four meetings of the city council, of which he was a member. The Appellate Court affirmed the judgment, and, a certificate of importance having been granted, an appeal was taken to this court. The…
1Opinion of the CourtJustice Dunn
The city of Earlville is organized under the general law, and the appellant’s claim is that the city council had no authority to pass section 5 of the ordinance. Cities have only such powers as have been granted to them by the legislature. “Municipal corporations exercise only delegated and limited powers, and, in the absence of express statutory provisions to that effect, courts are authorized to indulge in no presumptions in favor of the validity of their ordinances. If in conformity with the express or necessarily implied grant in the charter they are valid, otherwise not.” (Schott v.…
2Cases cited2 opinions
- Schott v. PeopleIllinois Supreme Court · 1878
- City of Chicago v. McCoyIllinois Supreme Court · 1891
3Cited by3 opinions
- City of Marengo v. RowlandIllinois Supreme Court · 1914
- Aberdeen-Franklin Coal Co. v. City of ChicagoIllinois Supreme Court · 1924
- Dinneen v. BradfordAppellate Court of Illinois · 1914