People v. Heizer

Dissenting Opinion

EBERSPACHER, J.

All three of plaintiff’s challenges go to the power of the court to enter the order creating the Prairie Du Rocher Fire Protection District.

As is true in the case of the creation of any municipal corporation, the constitutional power to create the district lay in the General Assembly, and that power has been delegated to the court, which derived its jurisdiction from the statute alone. The court had no inherent powers, and no presumption arises to support its action in any particular. The conditions of the statute authorizing the creation of the fire…