Legal Opinion

Firemen's Benevolent A'ssn v. Lounsbury

Illinois Supreme Court

Decided April 15, 1859PublishedCited by 25 opinions

This was an action of debt in the court below, brought to recover of the defendant in error, the two per cent, mentioned in the sixth section of an act, entitled, “ An Act to incorporate the Firemen’s Benevolent Association, and for other purposes,” approved June 21st, 1852. This section is as follows : “ There shall be paid to the treasurer of said association, for the use and benefit of such association, by every person xvho shall act in the city of Chicago, as agent for,…

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This was an action of debt in the court below, brought to recover of the defendant in error, the two per cent, mentioned in the sixth section of an act, entitled, “ An Act to incorporate the Firemen’s Benevolent Association, and for other purposes,” approved June 21st, 1852. This section is as follows : “ There shall be paid to the treasurer of said association, for the use and benefit of such association, by every person xvho shall act in the city of Chicago, as agent for, or on behalf of any individual or association of individuals, not incorporated by the laws of this State, to effect…

1Opinion of the CourtCaton, C. J.

The only question which has been discussed and which we propose to decide in this case is, whether the legislature had a right to pass the sixth section of the act incorporating the plaintiffs. This legislative power is denied, upon grounds which may be reduced to two distinct propositions. First it is said, that the legislature had no right to impose this burthen for any purpose or object; and second, it is urged, that if the first is not sustained, the legislature had no right to impose this burthen for this object.

Every principle and objection involved in the first proposition is…

2Cited by25 opinions

  1. State ex rel. Davis-Smith Co. v. ClausenWashington Supreme Court · 1911
  2. State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
  3. Howes Bros. v. Unemployment Compensation CommissionMassachusetts Supreme Judicial Court · 1936
  4. Ex parte LiddellCalifornia Supreme Court · 1892
  5. Phœnix Assurance Co. v. Fire DepartmentSupreme Court of Alabama · 1897

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