People ex rel. Lee v. Chicago & Eastern Illinois Railroad

248 Ill. 118
Illinois Supreme Court·Decided December 21, 1910·Published·Cited by 3 cases

Opinion

Mr. Chiee Justice Vickers

delivered the opinion of the court:

• The county court of Kankakee county overruled certain objections filed by the Chicago and Eastern Illinois Railroad Company to the rendition of judgment for taxes for the year 1909. The railroad company has prosecuted an appeal from that judgment, and the county collector .has assigned cross-errors upon the judgment sustaining other objections interposed by appellant. >

The evidence shows that a levy of $60,000 for county purposes was made upon the property of the county, and among the items for which this tax was levied are the following: $11,000 for building purposes, $8000 for care of paupers, and $12,500 for salaries of officers. The item for $11,000 for building purposes is void because it is not stated more specifically what the tax is levied for. It is conceded that the objection to this item was properly sustained. The objection to the item of $8000 levied for the care of paupers was properly overruled. The objection here made to this item is the same objection that was considered by this court at the present term in the case of People v. Cincinnati, Lafayette and Chicago Railway Co. 247 Ill. 506, and is disposed of contrary to appellant’s contention by what is said in that case. The item of $12,500 for salaries of county officers is objected to because, it is said, it exceeds the amount required to pay the salaries of county officers by $5000. This same item was objected to by the appellant in People v. Cincinnati, Lafayette and Chicago Railway Co. supra, and under the evidence in the record in that case it was held that the proof failed to affirmatively show that this tax was excessive. The evidence offered by appellant iii the case at bar is substantially the same as that in the case above referred to. What was said by this court in that case is a sufficient answer to appellant’s contention in this case. There was no error in overruling appellant’s objections to these items.

Appellant also objected to a levy of $1000 in the town of Ganeer, levied to pay bonded indebtedness. ' The objection made to this tax is that it was levied by the electors at a meeting held April 6, 1909. This court has held that the town meeting has nothing to do with the levy of a tax to pay principal or interest upon bonded indebtedness. (St. Louis, Rock Island and Chicago Railroad Co. v. People, 147 Ill. 9.) The proper method of providing a tax to meet bonded indebtedness is pointed out in the case of People v. Chicago, Burlington and Quincy Railroad Co. (ante, p. 81,) but the case at bar is not controlled by the rule laid down in-that case. The facts here present an entirely different situation from that before us in the case last above cited. The evidence in the record in the case before us shows the following facts: On March 31, 1909, the town board of auditors met in regular session for the purpose of auditing claims against the town. The record of that meeting shows that numerous claims were audited and approved. The record also shows the following: “We, the auditing board, recommend that one thousand dollars ($1000) be raised at the town meeting April 6, 1909, to pay on bonded indebtedness.” The board of town auditors at the same meeting made a formal certificate certifying that they had allowed a claim in favor of the holders of bonds Nos. 5 and 6 for $500 each. Said certificate was duly signed by the board of auditors and filed with the town clerk, and a copy of it, made on a separate piece of paper, was pasted into the record book. Charles B. Astle, a member of the board of auditors, testified that the board allowed $1000 for the purpose of paying the two bonds, Nos. 5 and 6, mentioned in the certificate. This witness explains the reason for referring the matter of levying the $1000 to pay bonded indebtedness to the town meeting and also making a certificate to the town clerk, by saying that the board of auditors were “up in the air” as to what ought to be done with these bonds, and that to be sure they were right they would allow it at the auditor’s meeting and also bring it up at the town meeting. On April 14 the town clerk made a certificate, which was transmitted to the county clerk, on which the taxes in the town of Ganeer -were extended. This certificate is in the following words and figures:

“I, George Marland, clerk of said township, hereby certify that in pursuance of authority by section 3 of article 4 of the Township Organization law, the electors of said township in township meeting assembled on the first Tuesday in April, A. D. 1909, elected to raise for the year A. D. 1909, by taxation on all the taxable property in said township, for all township purposes authorized by law, to-wit:
Election expenses, the sum of................$ 100 00
Officers’ salary, the sum of.:................. 200 00
Printing, the sum of..:.........:...........’. 50 00
Town poor, the sum of....................... 500 00
Highway commissioners, the sum of.......... 150 00
On bonded indebtedness, two bonds, sum of.... 1,000 00
$2,000 00
Geo. Marland, Town Clerk.
“Making the aggregate sum of two thousand dollars ($2000),, as appears in the record of the proceeding of said township meeting" now in my office in said township.
“Given under my hand at Ganeer town hall, in said township, this 14th day of April, A. D. 1909.
Geo. Marland, 'Township Clerk.”

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People ex rel. Lee v. Chicago & Eastern Illinois Railroad, 248 Ill. 118 (Ill. 1910).

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