People ex rel. Sweet v. Central Illinois Public Service Co.

268 N.E.2d 404, 48 Ill. 2d 145, 1971 Ill. LEXIS 379
CourtIllinois Supreme Court
DecidedApril 1, 1971
DocketNo. 43297
StatusPublished
Cited by11 cases

This text of 268 N.E.2d 404 (People ex rel. Sweet v. Central Illinois Public Service Co.) 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
People ex rel. Sweet v. Central Illinois Public Service Co., 268 N.E.2d 404, 48 Ill. 2d 145, 1971 Ill. LEXIS 379 (Ill. 1971).

Opinion

Mr. Justice Davis

delivered the opinion of the court:

This is an appeal by the treasurer and ex officio county collector of taxes of Sangamon County, herein called the Treasurer, from those parts of an order of the circuit court of that county which sustained various objections to portions of the 1965 taxes paid under protest by the Central Illinois Public Service Company, herein called the objector. The parties submitted the case to the court upon a stipulation of facts. Since the revenue is involved, the appeal is directly to this court. Supreme Court Rule 302(a) Ill. Rev. Stat. 1967, ch. 110A, par. 302(a).

The eight objections raised by the objector can be placed in four different categories for the purpose of determining their validity.

The objector has charged that certain appropriations of the city of Springfield, the Springfield Sanitary District, and Sangamon County were not itemized as required by law so as to sufficiently inform the taxpayer of the purposes of the appropriations, and, consequently, were void. The objections falling within this category and the amounts appropriated were:

City of Springfield
General Corporate purposes
Industrial Development Commission Industrial Development Studies (expenditures to be made only upon approval of City Council in accordance with any contracts made).....$ 5,000.00
Plan Commission
Payment to Regional Plan Commission for Planning Services to City under contract.................. 31,079.00
Police Department Capital Improvements Building and Grounds............ 12,000.00
General City Administration
Emergency Snow and Ice Removal from City Streets — Expenditures to be made only upon specific approval of Finance Department. .. 24,000.00
Fund.........................40,000.00
Springfield Sanitary District Permanent Improvements
(a) Plant Improvements........... 10,000.00
(b) Pumping Station Improvements. . 2,000.00
(c) Sewer Extensions and Improvements ....................... 10,000.00
Sangamon County Regional Plan Commission .......................... 6,000.00

In People ex rel. Schlaeger v. Reilly Tar & Chemical Corp., 389 Ill. 434, 437, 438, we held that the taxpayer has a right to have stated separately the purposes for which public money is appropriated, and that a levy which is not sufficiently definite to inform him of the purpose for which tax money is to be spent is invalid. However, the corollary of this rule, equally well settled, is that the specification of each particular item of expense for which a levy is made is not required. A single general purpose is sufficient to include every appropriate expenditure required, although there be many items. (Also see: People ex rel. Lindheimer v. Hamilton, 373 Ill. 124, 130, 131; People ex rel. Schaefer v. New York, Chicago and St. Louis Railroad Co., 353 Ill. 518, 520, 521.) This is especially true where it is difficult to determine, in advance, the exact amount of the various items. Itemization requirements must be accorded a common-sense construction. People ex rel. Toman v. Estate of Otis, 376 Ill. 112, 117.

An application of these principles of law requires that the itemization objections to the levies heretofore listed should have been overruled. Additional support for this viewpoint is found in certain statutory enactments. The purposes of the appropriation for the Regional Plan Commission and its expenditures are limited in accordance with section 2 of the Regional Planning Act. (Ill. Rev. Stat. 1965, ch. 34, par. 3002). Also, the appropriation for the Library Development and Expansion Fund is similarly controlled by a statute which authorizes the fund and circumscribes its expenditure. (Ill. Rev. Stat. 1965, ch. 81, par. 5—7.) The purposes for which funds may be accumulated for a public library are detailed in the statute, and reserve funds cannot be validly spent for any purpose other than those there specified.

Because of this statute, the general rule against the unnecessary accumulation of funds by a taxing body is not applicable to public libraries. People ex rel. Brenza v. Morrison Hotel Corp., 4 Ill.2d 542, 547-549.

The objector also contends that an appropriation appearing in the County General Fund tax levy, as follows: “Fees Services Rendered Sangamon County By County Officers — Sheriff’s Deficiency Fees — $29,388.00,” is illegal. It urges that the compensation for the sheriff is fixed under section 10 of article X of the constitution; that the sheriff is limited to charging the county for only those services which he renders the county under section 19 of the Fees and Salaries Act (Ill. Rev. Stat. 1965, ch. 53, par. 37,) and that no item entitled “Sheriff’s Deficiency Fees” appears within the said statute. It is agreed by both the Treasurer and the objector that the sheriff may properly collect fees from the county for duties performed relating to servicing the courts, patrolling the public highways, and for all other services specified in the above statute. The Treasurer urges that there can be no misunderstanding of the purpose of this item since it was listed under the general heading of “Fees Services Rendered Sangamon County By County Officers.” He concludes that this means that none of the fees so charged by the sheriff were applied to his compensation.

Section 10 of article X provides that the county board shall fix the compensation of all county officers, along with the amount required for other necessary office expenses, and that in all cases where fees are provided for, the compensation shall be paid only out of and shall not exceed the fees actually collected. It further provides that all fees or allowances in excess of their compensation, shall be paid into the county treasury. We assume that the sheriff followed this constitutional provision and paid over to the county all of his fees in excess of his compensation and expenses. If after so doing, the county remained indebted to the sheriff for services rendered pursuant to the provisions of the applicable statutes (Ill. Rev. Stat. 1965, ch. 75, pars. 1,2, 3, 13, 16, 24; and ch. 53, pars. 37, 69), it would then be proper for the county to appropriate funds to pay for these authorized charges and services. The county, as an individual or business entity, must pay for the statutory services rendered by the sheriff.

We considered this matter generally in People ex rel. Heuer v. Chicago Burlington & Quincy Railroad Co., 377 Ill. 470, and at pages 480 and 481 we stated: “The last of these items to be considered is ‘Sheriff, per diem attending County and Circuit Courts, $3500’. In People v. Foster, 133 Ill. 496, the per diem allowed (Ill. Rev. Stat. 1939, chap. 53, par. 37, p.

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People Ex Rel. Sweet v. CEN. ILL. P. SER. CO.
268 N.E.2d 404 (Illinois Supreme Court, 1971)

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Bluebook (online)
268 N.E.2d 404, 48 Ill. 2d 145, 1971 Ill. LEXIS 379, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-sweet-v-central-illinois-public-service-co-ill-1971.