People ex rel. Conlon v. Mount
Illinois Supreme Court
Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. This is a petition, filed on July 7, 1899, by the People upon the relation of William Conlon for a writ of mandamus to compel appellee, as mayor of the city of Joliet, to sign a dram-shop license. The respondent filed his answer setting forth the reasons why he refused to sign said license.
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Appeal from the Appellate Court for the Second District;—heard in that court on appeal from the Circuit Court of Will county; the Hon. Dorrance Dibell, Judge, presiding. This is a petition, filed on July 7, 1899, by the People upon the relation of William Conlon for a writ of mandamus to compel appellee, as mayor of the city of Joliet, to sign a dram-shop license. The respondent filed his answer setting forth the reasons why he refused to sign said license. Issues were joined, and a jury was waived. The court, having heard the proofs, found for the respondent, and denied the writ, and…
1Opinion of the CourtJustice Magruder
First—The first question presented for our consideration is, whether the city of Joliet, whose charter is the general act providing for the incorporation of cities and villages, can fix and establish the license fee to be paid by vendors of intoxicating liquors by mere resolution or motion, or whether the power to fix and establish such license fee, when exercised, must be exercised through and by an ordinance duly enacted.
In order to determine this question it will be necessary to examine some of the provisions of the charter of the city of Joliet embodied in the general Incorporation act…
2Cases cited9 opinions
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