Chittenden v. Mellen
Illinois Supreme Court
This was an application to the Supreme Court for a writ of mandamus, to compel the treasurer of the city of Warsaw to pay a certain order drawn upon him by the mayor of that city.
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This was an application to the Supreme Court for a writ of mandamus, to compel the treasurer of the city of Warsaw to pay a certain order drawn upon him by the mayor of that city. The application is upon an agreed case, the only question presented being npon the alleged unconstitutionality of the following act of the General Assembly of this State: “An act to repeal certaim, acts therevru ncmued: ” Section 1. Be it enacted by the people of the State of Illinois, represented in the General Assembly, that an act entitled “An act to incorporate the city of Warsaw,” approved February 12, 1863,…
1Opinion of the CourtChief Justice Caton
We have hesitated long, and anxiously considered the case before declaring our convictions that this law cannot be sustained under our Constitution. This is a local law, and the clause of the Constitution is this: “ And no private or local law which may be passed by the General Assembly, shall embrace more than one subject, and that shall be expressed in the title.” Art. 3, sec. 23, Mew .Constitution. The act is entitled: “An act to repeal certain acts therein named.” The first section of the act repeals the several acts incorporating the city of Warsaw, giving their 'titles.
Admitting that…
2Cited by6 opinions
- Leach v. People ex rel. PattersonIllinois Supreme Court · 1887
- Taylor v. KirbyAppellate Court of Illinois · 1889
- Williamson v. City of KeokukSupreme Court of Iowa · 1876
- City of Chicago v. WolfIllinois Supreme Court · 1906
- Village of Fairview v. City of DetroitMichigan Supreme Court · 1907
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