Legal Opinion

People v. Harper

Illinois Supreme Court

Decided September 15, 1878PublishedCited by 25 opinions

• Writ of Error to the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was an action of debt on the bond of William H. Harper, as chief inspector of grain for the city of Chicago.

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• Writ of Error to the Circuit Court of Cook county; the Hon. Henry Booth, Judge, presiding. This was an action of debt on the bond of William H. Harper, as chief inspector of grain for the city of Chicago. The declaration is as follows: “The people of the State of Illinois, plaintiffs herein, by Luther Lafliu Mills, State’s attorney of Cook county, and James K. Edsall, Attorney General of Illinois, their attorneys, complain of William H. Harper, William Harper, Robert G. Ingersoll, John M. Rountree, Charles B. Harwell, and Solomon P. Hopkins, defendants herein, of a plea that th.ey render to…

1Opinion of the CourtJustice Scholfield

The points urged against the sufficiency of the declaration are:

1. The authority granted to the Eailroad and Warehouse Commissioners to fix the rates of charges for the inspection of grain and compensation of officers, is an unwarrantable delegation of legislative power.

2. The act is void, so far as it attempts to classify warehouses into classes A, B and C, and provide for the appointment of an inspector in cities where is located a warehouse of class A, because it is special and local.

3. The General Assembly is not authorized, directly or indirectly, to impose burthens, for specific…

2Cases cited9 opinions

  1. The People v. . Simeon DraperNew York Court of Appeals · 1857
  2. Davis v. StateCourt of Appeals of Maryland · 1854
  3. The People v. . PinckneyNew York Court of Appeals · 1865
  4. Harward v. St. Clair & Monroe Levee & Drainage Co.Illinois Supreme Court · 1869
  5. Munn v. PeopleIllinois Supreme Court · 1873

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3Cited by25 opinions

  1. State v. BryanSupreme Court of Florida · 1905
  2. Trustees of the Village of Saratoga Springs v. Saratoga Gas, Electric Light & Power Co.New York Court of Appeals · 1908
  3. Wilson v. Board of TrusteesIllinois Supreme Court · 1890
  4. Owners of Lands v. People ex rel. StookeyIllinois Supreme Court · 1885
  5. Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894

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