Legal Opinion

People ex rel. Healy v. Clean Street Co.

Illinois Supreme Court

Decided February 21, 1907PublishedCited by 32 opinions

Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. This is a bill filed in the circuit court of Cook county by the People, upon relation of John J. Healy, State’s attorney, and John J. Healy, State’s attorney, upon the relation of Ralph Clarkson, against the Clean Street Company, (a corporation,) the city of Chicago and George H. Jenney.

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Appeal from the Circuit Court of Cook county; the Hon. Thomas G. Windes, Judge, presiding. This is a bill filed in the circuit court of Cook county by the People, upon relation of John J. Healy, State’s attorney, and John J. Healy, State’s attorney, upon the relation of Ralph Clarkson, against the Clean Street Company, (a corporation,) the city of Chicago and George H. Jenney. The bill alleges, in substance, the following facts: On November 22, 1897, .the city council of Chicago passed an ordinance purporting to authorize the mayor, the chairman of the finance committee and the commissioner…

1Opinion of the CourtJustice Wilkin

The first question for our determination is the validity of the ordinance which is the basis of the contract entered into between the city and Jenney. It is claimed by appellants that it is void because it seeks to delegate to the mayor, chairman of the finance committee and commissioner of pub-' lie works discretionary power which is vested solely in the city council.

Section 62 of the City and Village act authorizes city authorities to lay out, establish, open, alter, widen, extend, grade, pave or otherwise improve streets, alleys, avenues, sidewalks, wharves, parks and public grounds and…

2Cases cited6 opinions

  1. Hibbard, Spencer, Bartlett & Co. v. City of ChicagoIllinois Supreme Court · 1898
  2. City of Chicago v. StrattonIllinois Supreme Court · 1896
  3. City of East St. Louis v. WehrungIllinois Supreme Court · 1869
  4. State ex rel. Belt v. City of St. LouisSupreme Court of Missouri · 1901
  5. Savage v. City of SalemOregon Supreme Court · 1893

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3Cited by32 opinions

  1. Greene v. City of San AntonioCourt of Appeals of Texas · 1915
  2. Le Blanc v. City of New OrleansSupreme Court of Louisiana · 1915
  3. O'Fallon Development Co. v. City of O'FallonAppellate Court of Illinois · 1976
  4. Fifth Ave. Coach Co. v. . City of New YorkNew York Court of Appeals · 1909
  5. Commonwealth Edison Co. v. Pollution Control BoardAppellate Court of Illinois · 1974

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