People ex rel. Cairo & St. Louis R. R. v. Trustees of Schools
Illinois Supreme Court
Appeal from the Circuit Court of Randolph county; the Hon. Amos Watts, Judge, presiding. These two cases were proceedings by mandamus, on the relation of the Cairo and St. Louis Railroad Company, against the trustees of schools of two different townships, to obtain from the townships the bonds voted by them to be issued to the relator upon a compliance with the conditions imposed in the vote and subscription.
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Appeal from the Circuit Court of Randolph county; the Hon. Amos Watts, Judge, presiding. These two cases were proceedings by mandamus, on the relation of the Cairo and St. Louis Railroad Company, against the trustees of schools of two different townships, to obtain from the townships the bonds voted by them to be issued to the relator upon a compliance with the conditions imposed in the vote and subscription. The charter of the company provided that certain school townships might, upon a vote of the people, subscribe to the capital stock of the company, to be paid for in the bonds of the…
1Opinion of the CourtJustice Walker
The question is distinctly presented by this record, whether a township, organized for school purposes by the general school law, could, under"the constitution of 1848, be empowered to incur a debt for the purpose of subscribing for the stock of a railroad company; whether contracting such a debt, and the levy and collection of taxes to pay the same, with its accruing interest, can be held a corporate purpose, within the meaning of that instrument.
It is urged by appellees, that Art. IX, Sec. 5, of that constitution prohibited the General Assembly from conferring that power on such a body;…
2Cases cited1 opinion
- Board of Trustees of Schools v. People ex rel. Toledo, Wabash & Western Railway Co.Illinois Supreme Court · 1872
3Cited by10 opinions
- Cook v. Port of PortlandOregon Supreme Court · 1891
- Ottawa v. CareySupreme Court of the United States · 1883
- Dee-El Garage, Inc. v. KorzenIllinois Supreme Court · 1972
- Hassett v. CarrollSupreme Court of Connecticut · 1911
- People Ex Rel. Hanrahan v. CaliendoIllinois Supreme Court · 1971
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