Legal Opinion

City of Chicago v. Stratton

Illinois Supreme Court

Decided May 12, 1896PublishedCited by 50 opinions

■ Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. This suit was brought under a section of the building ordinance of the city of Chicago, and is to recover the penalty for a violation of the ordinance.

Read the full summary

■ Appeal from the Appellate Court for the First District;—heard in that court on appeal from the Circuit Court of Cook county; the Hon. Francis Adams, Judge, presiding. This suit was brought under a section of the building ordinance of the city of Chicago, and is to recover the penalty for a violation of the ordinance. The section of the ordinance is as follows: “Sec. 49. It shall npt be lawful for any person to locate, build, construct or keep in any block in which two-thirds of the buildings are devoted to exclusive residence purposes, a livery, boarding or sales stable, gas house, gas…

1Opinion of the CourtJustice Magruder

The eighty-second paragraph of section 1 of article 5 of the City and "Village act, which has been adopted by the city of Chicago, provides that the city council in cities shall have the power “to direct the location and regulate the use and construction of * * * livery stables * * * within the limits of the city.” (3 Starr & Cur. Stat. p. 191). The power to make laws, which the constitution confers upon the legislature, cannot be delegated by the legislature to any other body or authority. The constitutional maxim, which prohibits such delegation of legislative power, is not violated when…

2Cases cited11 opinions

  1. People ex rel. Grinnell v. HoffmanIllinois Supreme Court · 1886
  2. The Cargo of the Brig Aurora, Burn Side v. The United StatesSupreme Court of the United States · 1813
  3. Chicago, Burlington & Quincy Railroad v. JonesIllinois Supreme Court · 1894
  4. People ex rel. Wilson v. SalomonIllinois Supreme Court · 1869
  5. People ex rel. Morrison v. CregierIllinois Supreme Court · 1891

6 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Lombardo v. City of DallasTexas Supreme Court · 1934
  2. City of Des Moines v. Manhattan Oil Co.Supreme Court of Iowa · 1921
  3. City of Chicago v. ReevesIllinois Supreme Court · 1906
  4. State Ex Rel. State Park & Recreation Commission v. New Mexico State AuthorityNew Mexico Supreme Court · 1966
  5. People Ex Rel. Thomson v. BarnettIllinois Supreme Court · 1931

45 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API