Dick v. Roberts

133 N.E.2d 305, 8 Ill. 2d 215, 1956 Ill. LEXIS 247
CourtIllinois Supreme Court
DecidedMarch 22, 1956
Docket33822
StatusPublished
Cited by18 cases

This text of 133 N.E.2d 305 (Dick v. Roberts) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dick v. Roberts, 133 N.E.2d 305, 8 Ill. 2d 215, 1956 Ill. LEXIS 247 (Ill. 1956).

Opinion

Mr. Justice Daily

delivered the opinion of the court:

The Beardstown Community Park District, consisting of the city of Beardstown and the surrounding farm community, was organized in July, 1954, under the provisions of our Park District Code (Ill. Rev. Stat. 1953, chap. 105, pars. 1 — 1 to 12 — 2.) Immediately thereafter, meetings were held and plans made for the building of a community swimming pool to be paid for by the issuance of general obligation bonds, and at a special election on September 25, 1954, the voters of the district, by almost a two-to-one margin, voiced their approval of this project by affirmatively answering the following proposition: “Shall bonds of Beardstown Community Park District, Cass County, Illinois, to the amount of One Hundred Ten Thousand Dollars ($110,000) be issued for the purpose of acquiring lands for a park and building, maintaining, improving and protecting the same including building of a swimming pool thereon, and for the payment of expenses incident thereto ?”

However, certain taxpayers of the park district contended that the election had not been held in accordance with constitutional and statutory requirements, and for that reason, on October 11, 1954, a complaint was filed by them in the circuit court of Cass County to enjoin the park commissioners from issuing the bonds in question and to restrain the county clerk of Cass County from extending any taxes for the payment of this indebtedness. A temporary injunction was thereafter issued, but upon hearing of this cause, the injunction was dissolved and the case dismissed as without merit. Direct appeal has now been taken to this court.

To determine the legality of the proceedings in the present case, we must first look to the powers that are granted to such districts by the applicable provisions of the Park District Code. Article eight, section 8 — 10, (Ill. Rev. Stat. 1953, chap. 105, par. 8 — 10,) provides: “All park districts shall have power to * * * construct, equip, and maintain * * * indoor and outdoor swimming pools * * * and the power to make and enforce reasonable rules, regulations, and charges therefor.” Section 6 — 2 of article six (Ill. Rev. Stat. 1953, chap. 105, par. 6 — 2,) states: “For the payment of land condemned or purchased for parks or boulevards, for the building, maintaining, improving and protecting of the same and for the payment of the expenses incident thereto, or for the acquisition of real estate and lands to be used as a site for an armory, any park district is authorized to issue the bonds of such park district and pledge its property and credit therefor to an amount including existing indebtedness of such district so that the aggregate indebtedness of such district shall not exceed two and one-half (2%) per centum of the value of the taxable property therein * * Section 6 — 4 of the same article, in providing for a referendum in such cases, specifies that the ballot used shall be in substantially the following form:

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Also of special interest is article nine, section 9 — 1 (Ill. Rev. Stat. 1953, chap. 105, par. 9 — 1,) which contains the following provision: “Any park district has the power * * * to construct and operate an outdoor or indoor swimming pool, borrow money, and as evidence thereof to issue its bonds, payable solely from the revenue derived from the operation thereof.”

Plaintiffs’ counsel has admitted, in oral argument to this court, that were it not for section 9 — 1 the powers contained in section 6 — 2 are broad enough to include park pool construction. However, relying upon the maxim of expressio unius est exclusio alterius, the plaintiffs contend that by expressly mentioning swimming pools in section 9 — 1, our legislature thereby inferred that swimming pools were not to be included in the general provisions of section 6 — 2. Therefore, they argue, the park district was without authority to finance the building of a swimming pool except by the sale of revenue bonds and since the election in question was concerned with general obligation rather than revenue bonds, the entire bond issue was null and void. The plaintiffs also contend that the proceedings were defective because no land had in fact been condemned or purchased by the district prior to the time of the election and because the ballot, in expressly referring to the building of a swimming pool, contained a purpose not authorized by statute and a double proposition which was contrary to article 2, section 18 of our constitution. Thus, we must now decide the following questions: (1) Does article six, section 6 — 2 of the Park District Code authorize the issuance of general obligation bonds for the purpose of building a swimming pool, and (2) if so, were all statutory and constitutional requirements substantially complied with in the present case.

The principle of exclusion which is relied upon by the plaintiffs is not a rule of law but is a mere rule of statutory construction which is used by the courts in arriving at the real intention of the legislature where such intention is not clearly manifest from the language itself. (Illinois Central Railroad Co. v. Franklin County, 387 Ill. 301; The Chicago and Northwestern Railway Co. v. City of Chicago, 148 Ill. 141.) If, after considering the necessity or reason for the enactment, the language used, and the object desired, the true legislative intent can be ascertained, then no reason remains for resorting to such a construction aid. People ex rel. Wilson v. Illinois Central Railroad Co. 396 Ill. 510; Illinois Central Railroad Co. v. Franklin County, 387 Ill. 301; Jones v. Pebler, 371 Ill. 309; Warner v. King, 267 Ill. 82.

Under the present statute, the legislature has afforded a means by which a park district may pledge its entire credit for the purpose of building, maintaining, improving, and protecting its property and carrying out the powers which have been granted to it, subject, however, to the referendum requirement and debt limitation as is therein specified. The lawmakers have also provided that in order to construct and operate a swimming pool, a park district may issue bonds which are payable solely from the revenue derived therefrom without the necessity of submitting the question to referendum, unless such is demanded by the voters, and without regard to the present debt limitation. It can hardly be said that these provisions either conflict or that their meanings are so obscure as to justify the use of the maxim above-mentioned. Rather, it is clear that the legislature recognized not only the great benefits which may be derived from a public swimming area but also the enormous costs which such a project might entail, and as a result of this foresight, has provided a means by which such recreational facilities may be acquired and enjoyed by districts which could not, because of their debt limitation, pledge their general credit for this purpose. In so providing for the sale of revenue bonds, the legislature has also made it possible for a district to undertake other projects which must be financed by general bonds and which might otherwise have to be postponed until the park pool indebtedness had been retired. It must also be remembered that- in some localities, the revenue derived from swimming pool operations would be insufficient to retire the construction indebtedness and the only practical way to acquire such facilities is through the sale of general obligation bonds.

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Bluebook (online)
133 N.E.2d 305, 8 Ill. 2d 215, 1956 Ill. LEXIS 247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dick-v-roberts-ill-1956.