Imágenes de páginas
PDF
EPUB

closure and a sale under the foreclosure decree, the city would lose the right itself, or through its grantees or licensees, to use its streets for the period of twenty years from the date of the foreclosure sale for street-railway purposes and also the compensation which it receives as license fees or otherwise from the street-railway companies now occupying its streets with their tracks, the surrender of which rights would entail upon the city not only the loss of the control of its streets for street-railway purposes for twenty years, but would deprive it of many hundred thousands of dollars which would be paid into the treasury during that period by street railways as compensation for the use of its streets upon which to operate their street-car lines.

It is claimed the principle involved in specialassessment cases should be applied to this case, and that the street-railway certificates proposed to be issued should be held, like, special-assessment warrants, not to constitute an indebtedness of the city. In the Alexander case the same contention was made, and the holding was adverse to the present contention of the appellees.

* * *

It is also urged that, even though the city may have a property right in its streets which it can transfer by ordinance to a street-railway company, which will yield to the city a revenue, it is said when the city grants to a street-railway company the right to occupy its streets it rests under no obligation to exact from the street-railway company compensation for the use of its streets, but may grant such use to, the street-railway company as a gratuity, if it sees fit, and that a court of equity will not control the city in making such grant. (Roby VS. city of Chicago, 215 Ill., 604.) In the case at bar, however, the city does not propose to grant the use of its streets as a gratuity, but to mortgage it for a period of twenty years to secure the payment of the street-railway certificates sought to be issued, and, as we have seen, the right which the certificate holder acquires through the trust deed or mortgage is a valuable right, and is upon property other than that which the money which he paid for the streetrailway certificates of the city purchased, whereby he has acquired a security upon more property than the money paid for the certificates has purchased. We do not think the reasoning in the Roby case applies to a case like this.

We have viewed the question here raised from ali standpoints and have been forced to the conclusion if the Alexander and Pope cases are right on principle, as we think they are, that the trust deed or mortgage which the city of Chicago is authorized by the ordinances of Jan. 18 and May 28 to execute to secure said $75,000,000 in streetrailway certificates upon the right to operate street railways in the streets of said city for the

period of twenty years after the date of foreclosure sale under said trust deed or mortgage, is something more than a purchase-money mortgage; that the purchaser at a foreclosure sale of said trust deed or mortgage would secure nothing of value as a street railway unless he acquired the right to operate the street railway which he purchased in the streets of the city, and that such right in no way represents any part of the money derived from the issue and sale of said street-railway certificates, and that under the well-settled law of this state, as announced in the previous decisions of this court, the issue and sale of said certificates and the execution of said trust deed or mortgage would create an indebtedness of the city which, in view of its present indebtedness. is of such character as is in violation of section 12 of article 9 of the constitution, and renders the issue of said certificates illegal and unconstitutional.

This court has nothing to do with the policy of the municipalization of street railways in the cities of this state. It is its duty, however, to enforce the provisions of the constitution as it finds them written in that instrument. Section 12 of article 9 of the constitution is a wise provision. and must be enforced and applied by the courts until its provisions are changed by the people in the manner provided in the constitution. In Dolese vs. Pierce, 124 Ill., 140, on page 149, it was s&id: "The highest duty and most sacred function of this court is to protect and enforce the Constitution, regardless of all real or imaginary inconveniences that may result from doing so,' and in village of Hyde Park vs. city of Chicago, 124 Ill., 156, on page 163, "The voice of the people is all powerful when expressed in pursuance of laws that are passed in obedience to the constitution. But until the people vote to amend or change the constitution in the mode which they themselves have designated, they, as well as their officials, are bound to obey its mandates."

The briefs filed in this case are voluminous and the arguments have taken a wide range. As the question considered by this opinion is controlling we have not deemed it necessary to consider herein any of the other questions which have been raised and discussed in the briefs.

Having reached the conclusion that the proposed issue of $75,000,000 in street-railway certificates of the city of Chicago, and the execution of said trust deed or mortgage to secure their payment, will create an indebtedness of the city of Chicago beyond the constitutional limit, the decree of the Circuit court will be reversed and the cause remanded to that court, with directions to overrule the demurrer to the bill of complaint.

Reversed and remanded, with directions.

[blocks in formation]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][merged small][ocr errors][merged small][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][subsumed][merged small][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][subsumed][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][subsumed][ocr errors][subsumed][merged small][subsumed][merged small][merged small][merged small][subsumed][merged small][merged small][subsumed][subsumed][merged small][merged small][merged small][subsumed][subsumed][merged small]
[merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][merged small][subsumed][subsumed][subsumed][ocr errors][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][merged small][subsumed][subsumed][subsumed][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]
[blocks in formation]

state and in general stands in the same relation to the state as congress does to all the states as a whole. The powers and duties of the chief executive officers are as follows:

Governor-The governor is vested with the chief executive power of the state. He is the commander in chief of the military and local forces and may call out the militia to maintain the peace. He is required to inform the general assembly, by message, of the condition of affairs of the state and to recommend needed legislation. He may, by proclamation, call a special session of the assembly or adjourn it in case of disagreement between the two houses. He has the power to appoint certain officers and during a recess of the senate may fill vacancies or remove certain officers and may call special elections to fill vacancies in certain offices. He may make requisitions upon the governors of other states for the return of fugitives from justice or offer rewards for the arrest of offenders against the laws of the state. He exercises a general supervision over the penitentiaries and may grant reprieves, commutations and pardons and may restore the rights of citizenship to ex-convicts. He may approve acts of the legislature and exercise the veto power. Lieutenant-Governor-This officer is ex-officio president of the senate and has the power to cast the deciding vote in case of a tie. In case of the death, conviction on impeachment, failure to qualify, resignation, absence from the state or other disability on the part of the governor, the lieu

5

tenant-governor succeeds to the office to the close of the term.

Secretary of State-The secretary of state is charged with the safekeeping of the original laws and resolutions of the general assembly; with all books, bills and documents deposited with him by either house, and with all bonds, records and papers filed in his office. He keeps a record of the official acts of the governor, furnishes certified copies of the same to the assembly on request and certified copies of any of the records of his office on the payment of the statutory fees. He countersigns and affixes the seal of the state to all proclamations and commissions issued by the governor; issues licenses for incorporations and certificates of organization to cities and villages and incorporated towns. He has charge of most of the buildings and grounds belonging to the state in Springfield, furnishes supplies for the general assembly and supervises the printing and distribution of all the public documents of the state. He calls the house of representatives to order at the beginning of each general assembly and presides over the same until the election of a speaker. He is the keeper of the great seal of the state and is the custodian and sealer of weights and measures.

Auditor-The auditor is required to keep all the accounts of the state; to audit the accounts of all officers or other persons authorized to receive moneys from the state treasury; to personally sign all warrants drawn on the treasury; to institute suits wherein the state is a plaintiff, and to make a biennial report of the business of his office to the governor. With the governor and treasurer he determines the state tax rate. He exercises a general supervision over state banks, building, loan and homestead associations.

State Treasurer-The state treasurer is custodian of the revenues and public moneys of the state. He must make monthly settlements with the auditor and a biennial report to the governor.

Superintendent of Public Instruction-The superintendent exercises a general supervision over all the public schools of the state. He is the general and legal adviser of the county superintendents and must report biennially to the governor the general condition of all the schools of the state, the amount raised by taxation for school purposes and the manner of its expenditure and the general condition of all the school funds. He may grant state certificates to teachers or cause them to be withheld and must visit charitable institutions which are educational in character.

Attorney-General-It is the duty of the attorneygeneral to represent the state in the Supreme court in all cases in which the state is interested; to act as counsel for all state officials; to be the legal adviser of the governor and other state officers in matters relating to their official duties, and, on request, to furnish them, as well as either branch of the general assembly, with written opinions upon constitutional or legal questions.

[graphic]
[graphic][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][subsumed][ocr errors]

Dist.

1. First and 2d wards, Chicago.

ILLINOIS SENATORIAL DISTRICTS.
Established May 10, 1901.

2. That part of the 11th ward north of 16th street; that part of the 12th ward north of 16th street and east of California avenue, and the 20th ward, Chicago.

3. Third ward; that part of the 4th ward east of Halsted street; that part of the 5th ward bounded by Union avenue, 35th street, Parnell avenue and 33d street; that part of the 6th ward north of 43d street, Chicago.

4. Twenty-ninth and 30th wards and that part of the 31st ward north of 57th place and east of the Rock Island right of way, Chicago.

5. Sixth ward, except that part north of 43d street, and the 7th ward, except that part south of 63d street and east of Cottage Grove avenue, Chicago.

8. Twenty-fourth ward; that part of the 25th ward north of Devon avenue; that part of the 23d ward west of Halsted street, and the 26th ward, Chicago; also that part of the town of Evanston outside Chicago and those parts of the towns of New Trier and Niles within the city of Evanston, Cook county.

7. Towns of Thornton, Bloom, Rich, Bremen, Orland, Lemont, Palos, Worth, Lyons, Stickney, Proviso, Leyden, Elk Grove, Schaumberg, Hanover, Barrington, Palatine, Wheeling, Northfield; that part of Niles outside the city of Chicago and outside the city of Evanston; that part of New Trier outside the city of Evanston, and those parts of the towns of Norwood Park and Maine outside of Chicago, all in Cook county. 8. Lake, Henry and Boone counties.

9. That part of the 4th ward west of Halsted street; the 5th ward, except that part bounded by Union avenue, 35th street, Parnell avenue and 33d street; that part of the 12th ward south and east of 16th street, California avenue, the C., B. & Q. right of way, Clifton Park avenue, 24th street, Central Park avenue, to the Illinois and Michigan canal.

10. Ogle and Winnebago counties.

11. Thirty-first ward, except that part north of 57th place and east of the Rock Island right of way, and the 32d ward, Chicago.

12. Stephenson, Jo Daviess and Carroll counties. 13. That part of the 7th ward south of 63d street and east of Cottage Grove avenue; the Sth and 33d wards, Chicago, and that part of the town of Calumet outside of the city of Chicago. 14. Kane and Kendall counties.

15. Ninth ward, except that part north and west of 14th street, Johnson street and Maxwell street; 10th ward, except that part north and west of 16th street, Throop street, 14th street and Morgan street, and that part of the 11th ward south of 16th street, Chicago.

16. Marshall, Putnam, Livingston and Woodford counties.

17. That part of the 9th ward north and west of 14th street, Johnson street and Maxwell street; that part of the tenth ward north and west of 16th street, Throop street, 14th and Morgan streets, and the 19th ward, Chicago. 18. Peoria county.

19. That part of the 12th ward north and west of California avenue, C., B. & Q. right of way and Clifton Park avenue; 13th and 34th wards, Chicago; that part of the town of Cicero south of

Year.

1873..

1880..

1890.

1895..

Dist.

12th street, and the town of Riverside, Cook county.

20. Kankakee, Grundy and Iroquois counties. 21. Fourteenth ward; that part of the 17th ward south of Augusta street, Holt street, Cornell street, Milwaukee avenue and Green street; that part of the 35th ward south of Chicago avenue, Park avenue and Lake street, Chicago. 22. Vermilion and Edgar counties.

23. Fifteenth ward; that part of the 16th ward bounded by North avenue, Robey street, Division street and Ashland avenue; that part of the 35th ward north of Chicago avenue, Park avenue and Lake street, Chicago, and that part of the town of Cicero north of 12th street, in Cook county.

24. Champaign, Piatt and Moultrie counties. 25. Twenty-Seventh and 28th wards, Chicago. 26. McLean and Ford counties.

27. Sixteenth ward, except that part bounded by North avenue, Robey street, Division street and Ashland avenue; that part of the 17th ward bounded by Ashland avenue, Augusta street, Holt street, Cornell street, Milwaukee avenue, Green street, Kinzie street, river and Division street; 18th ward, Chicago.

28. Logan, DeWitt and Macon counties. 29. Twenty-first ward, except that part north of Goethe, State and Schiller streets; 22d ward, except that part west of Halsted street, and except that part north and west of Sedgwick, Sigel, Cleveland, Clybourn, Larrabee and Division, Chicago.

30. Tazewell, Mason, Menard, Cass, Brown and Schuyler counties. 31. That part of the 21st ward north of Goethe, State and Schiller streets; that part of the 22d ward west of Halsted street and that part of the 22d ward east of Halsted street and north of Division, Larrabee, Clybourn, Cleveland and Sigel; that part of the 23d ward east of Halsted street, and that part of the 25th ward south of Devon avenue, Chicago.

32. McDonough, Hancock and Warren counties. 33. Rock Island, Mercer and Henderson counties. 34. Douglas. Coles and Clark counties.

35. Whiteside, Lee and DeKalb counties. 36. Scott, Calhoun, Pike and Adams counties. 37. Henry, Bureau and Stark counties. 38. Greene, Montgomery, Jersey and Macoupin

counties.

39. LaSalle county.

40. Christian, Shelby, Fayette and Cumberland counties.

41: DuPage and Will counties.

42. Clinton. Marion, Clay and Effingham counties. 43. Knox and Fulton counties.

44. Washington, Randolph, Perry, Monroe and Jackson counties.

45. Morgan and Sangamon counties.

46. Jefferson, Wayne, Richland and Jasper counties.

47. Madison and Bond counties.

48. Hardin, Gallatin. White, Edwards, Wabash,
Lawrence and Crawford counties.
49. St. Clair county.

50. Franklin. Williamson, Union, Alexander and
Pulaski counties.

51. Hamilton, Saline, Pope, Johnson and Massac
counties.

ILLINOIS PROPERTY VALUATION AND TAX RATE
Equalized Tax rate on
assessment. $100 valuat'n.

Equalized Tax rate on assessment. $100 valuat'n. $1,355,401,317 36 cents

Year. 1900.... 36 cents 1901. 36 cents 1902

786,616,394

808,892,782 833,188,467

52 cents 1903.

$809.733.405

999,231,829

1,030,292,435

1,083.050,979

[blocks in formation]

POSTOFFICES IN ILLINOIS.

On Jan. 1, 1907, there were 2,009 postoffices in third and 1,650 of the fourth. There were 1,511 Illinois, of which 379 were presidential offices, 20 money-order offices and 425 money-order stations.

of the first class, 83 of the second, 276 of the

« AnteriorContinuar »