Perkins v. Board of County Commissioners

271 Ill. 449
CourtIllinois Supreme Court
DecidedFebruary 16, 1916
StatusPublished
Cited by54 cases

This text of 271 Ill. 449 (Perkins v. Board of County Commissioners) 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
Perkins v. Board of County Commissioners, 271 Ill. 449 (Ill. 1916).

Opinion

Mr. Justice Craig

delivered the opinion of the court:

Appellant, Dwight H. Perkins, filed his bill in chancery in the circuit court of Cook county against appellees, the Board of County Commissioners of Cook County, the members of said board as individuals, the alleged Forest Preserve Commissioners of the Forest Preserve District of Cook County, Robert M. Sweitzer, county clerk, and Henry Stuckart, county treasurer and ex-officio county collector of Cook county, to enjoin the issue, sale and disposition of $1,000,000 worth of bonds of the Forest Preserve District of Cook County, Illinois, issued pursuant to an ordinance of said forest preserve district, and to enjoin any attempt to levy the tax provided for by the ordinance for the payment of either the principal or interest on said bonds, and the county treasurer from collecting any part of any tax that might be extended on the tax books of the county for the payment of either the principal or interest on such bonds, and to require appellees to cancel or deliver up said bonds so that the same might be canceled and destroyed. A general demurrer was sustained to the bill, and appellant electing to abide by his bill, a decree was entered dismissing the same for want of equity. This appeal followed.

The bill charges that the Forest Preserve act of June 27, 1913, was adopted in Cook county, and that pursuant to said act such proceedings were had in the circuit court of that county that a decree was entered November 30, 1914, organizing the Forest Preserve District of Cook County, having boundaries co-terminous with the boundaries of the territory embraced in that county; that on February n, 1915, the Board of County Commissioners of Cook County, assuming to act as the Board of Forest Preserve Commissioners of Cook county, adopted an ordinance authorizing $1,000,000 of bonds of the said forest preserve district to be issued and for the levying of a direct annual tax on all of the taxable property in the forest preserve district sufficient to produce a sum each year for paying the interest on all such bonds and the principal of all bonds maturing each year, as provided in such ordinance. A copy of the ordinance was attached to the bill, which recites.that for the purpose of creating and managing the Forest Preserve District of Cook County there is authorized to be issued forest preserve district bonds to the amount of $1,000,000, consisting of 2000 bonds of $500 each, dated July 1, 1915, and maturing in amounts of $60,000 each year from 1915 to 1933, inclusive, and $40,000 January 1, 1934, and bearing interest at the rate of four per cent per annum, payable semi-annually, and that there shall be levied a direct annual tax each year sufficient to pay the amount of interest on such bonds and the bonds maturing each year for said years, the tax to be included in the annual appropriation bill for each of those years, and authorizes the bonds to be sold, from time to time, as -proceeds are needed for the purposes authorized by the ordinance, and further provides that the ordinance shall be in force and effect from and after its passage, approval and publication. The bill further charges that the ordinance was published March 12, 1915» in the English language in the Staats-Zeitung, a newspaper published in the German language and read only by those of German' nationality who adhere to the German language in preference to the language of this country, and was not published in any other newspaper in the county; that the Forest Preserve act of June 27, 1913, is unconstitutional and void in that it conflicts with section 22 of article 4 of the constitution, which prohibits special legislation regulating county and township affairs, and with section 13 of article 4 of the constitution, in that it contains matters not expressed in its title and is indefinite and uncertain in its provisions, and in conflict with section 1 of the fourteenth amendment to the constitution of the,United States, in that it denies to the citizens of Cook county equal protection of the laws; also, that the bonds issued are void for the reason that the act provides that all ordinances imposing a fine or penalty or making any appropriation of money shall be published in some newspaper published in such district or having a general circulation in such district, and that the ■publishing of such ordinance in a newspaper printed in a foreign language is not such publication as the law requires. The bill concludes with a prayer for an injunction restraining the issuing and selling or otherwise disposing of said bonds or any part thereof, or attempting to levy any tax whatever for the payment of either the principal or interest on such bonds; that the county treasurer, as ex-officio county collector of that county, be restrained from collecting or attempting to collect any tax that may thereafter be extended on the tax books of the county for the purpose of raising funds to pay either the interest or principal of such bonds, and that the bonds may be ordered delivered up and canceled, and for such other and further relief in the premises as equity may require. By reason of the constitutional questions involved the appeal is taken direct to this court.

The act in question is entitled “An act to provide for the creation and management of forest preserve districts and repealing certain acts therein named.” (Laws of 1913, p. 385.) The substance of its essential provisions which are necessary to an understanding of the questions raised and argued in the briefs is as follows:

Section 1 authorizes the organization of a forest preserve district wherever any area of contiguous territory lying wholly within one county contains one or more natural forests or parts thereof and one or more cities, towns or villages, upon the petition of five hundred legal voters residing within the limits of such proposed district, the petition to be addressed to the circuit judge of the county in which the proposed district lies and to contain a description of the territory intended to be embraced in such district and the name of such district. Upon the filing of such petition in the office of the clerk of the circuit court it is made the duty of the circuit judge to fix upon a day and hour for a public consideration of the petition, which shall not be less than fifteen days after the filing of a petition, and to give notice of such hearing by publication for three successive days in some newspaper .having a general circu-' lation in the territory proposed to be embraced in such district, the date of the last publication to be not less than five days prior to the time se't for the public hearing at which any property owner in the proposed district may appear and be heard, and that if the judge finds that all of the provisions of the act have been complied with he shall cause an order to be entered upon the records of the court fixing and defining the boundaries and the name of the proposed district in accordance with the prayer of the petition.

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Bluebook (online)
271 Ill. 449, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perkins-v-board-of-county-commissioners-ill-1916.