Town of Somonauk v. People ex rel. Hess
Illinois Supreme Court
Writ of Error to the Circuit Court of DeKalb county; the Hon. George W. Brown, Judge, presiding. The board of supervisors of the cóunty of DeKalb denied the prayer of a petition presented to it asking a new town be created out of territory to be disconnected from the town of Somonauk, an existing town under the township organization system, in that county. A petition in the name of the People of the State of Illinois, ex rel.
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Writ of Error to the Circuit Court of DeKalb county; the Hon. George W. Brown, Judge, presiding. The board of supervisors of the cóunty of DeKalb denied the prayer of a petition presented to it asking a new town be created out of territory to be disconnected from the town of Somonauk, an existing town under the township organization system, in that county. A petition in the name of the People of the State of Illinois, ex rel. Henry F. Hess, was filed in the circuit court in and for the said county of DeKalb, praying that a writ, of mandamus.issue out of said court directed to and commanding…
1Opinion of the CourtJustice Boggs
Towns under the township organization system are political subdivisions of counties. The power to create, enlarge, divide or destroy them rests primarily in the General Assembly, (Coles v. County of Madison, Breese, 154; People ex rel. v. Power, 25 Ill. 187; Wilson v. Board of Trustees, 133 id. 443;) subject, however, to the constitutional requirement such power shall be exercised by statutes having general and uniform operation. (Const. 1870, par. 22, art. 4; People ex rel. v. Martin, ante, p. 611.) The legislature does not exercise this power directly, but has adopted the policy of enacting…
2Cases cited2 opinions
- People ex rel. City of Springfield v. PowerIllinois Supreme Court · 1860
- Board of Supervisors v. People ex rel. Commissioners of HighwaysIllinois Supreme Court · 1884
3Cited by8 opinions
- Littell v. Board of SupervisorsIllinois Supreme Court · 1902
- People ex rel. Giese v. DillonIllinois Supreme Court · 1914
- People ex rel. Hatfield v. GroverIllinois Supreme Court · 1913
- People ex rel. Brachear v. Board of SupervisorsIllinois Supreme Court · 1923
- People ex rel. Tilden v. MassieonAppellate Court of Illinois · 1915
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