, 1861-04-29

Opinion on the Iaaue OF Bonds.

The following is the opinion Of Daniel Lord;
ESD, one Of the first lawyers Of New York, On
the legality Of the Bonds to be issued by the
city under the new Charter:
On the 18th Of FEBRUARY, 1851, IN act was duly
passed by tho Legislature Of the state Of Illinois,
ey q ehssa i
lainea in al ninety-two sections. ~
7" BY tRs m9nieps e
The eeDaer nd ses ha i6 da the day
the month, less than sixty days after passage Of the
Tie last sccton'of the act, was that it ahal take
effect and be in force from and after the passage,
The secoud section Of the act had reference to |
the term Of office Of certain OF the municipal OIL
Thesections from the third to the s1xty.fonrth |
inclusive provided for Board Of Public WORKS.
describing It's mode Of election and defining its
ri The sixty:af1h aid stxty.siI sections OF the
| act provided for the tseue and negotiation Of
bonds of the city to amount sufficient to pay Oft
! its floating debt, and further amount Of $780,
900 for the general expenses Of the city. Then
against tie city to which the proceeds Of the
to The accounts Of the City comptfoller:
tosesag aaseaasats 70 he charter Of the city ot
Chicago shall be submitted to the Legal voters OF
sy an election t. be he'd and o1 the
said ballots shall be for the amendments, then said
amendments shall hereafter constitute part OF
the Charter OF the said city, and be IN full 1ofce
The act then proceeded to define the limits Of the
city and the wards to provide for tas election O.
| Of the city officers generally, and their duties,
Germs Of Office &C., for giving to the Gty various
various Subjects and for other city proceedings to
seetion ninsty enacted "shat ali such parts Of
the act to which this Is 81 amendment, and OF the
several acts amendatofy thereof or in any manner
affecting the same which are inconsistent with this
By the Constitution Of Illinois. It is provided,
mo public act Of the General Assembly shall
take effect Or be IN force until the expiration q
the same may be passed. unless in case Of emer-
gency the General Assembly shall otherwise d.
Also in article ), section1: The Legislative au-
thorlty Of this State shall be vested IL General
Assembly, which shall consist of Senate and House
} | Of Representatives.
. It Ii not necessary to assume or consider the
question that the action Of the Legislature must be
itself complete on the ground that It cannot dele
81 laws. Whether It con1d or eould not, for rea-
aons mentioned below. part Of the net did not go
The voting on the third Tuesday Of March, pro-
yided for In the sixtyseyenth section, took place
nde the @ nd The nG5
t The election Oh the third Taeeday Of April took
q tiate the bonds sanctioned By the 65th and 66th
tbe ef tne he ' Were b.
;. section continued in office until their successors
= | shall be appointed.
~ OPINION.
. /. The act although public act, went into ef
;. its passage. 81 this declaration Of the time I
ehoald go into effect the LegisatuIe d., declare r
ppuleed IT, immediate a @ eect These vas debt t
be paid. There were evils Of organization AFFECT
large mass Of people, which wsre desmed nsfo
availed itself It's Constitutional power to declar
q the act Immediately operative,
As this Is az express declaration It Is nos heces
I'd voting on the third Tuesday of March. and agai
n. the third Tuesday Of April, for both OF Wnic
Of and before the sixty days following the end til
ma session. But ancn implication is Irresistible.
A M o 70
Do tie act no other part Of it conditional tha
We Mords aaeds7 Of tie s7th is seetien ooin
~ ~ amendments shall be submitted &c. ~
i'll Now the 9ad section which APPLIES alike + to t.
| was not an amendment 10 the charter In any sens
1t was provision obviously and necessarily g
directed W to Be Voted on wera adopted
~ It was not itself amendment to anything, but
III aseparate general provision. .,.,,z .,, us,n
W. considerations. Tint section was not an amen
'as ment but prorision consequent upon the amen
ments specifically contained III the act, some
- which were directly enacted and some were eu
~ mitted to popular vote. And moreover, the q
H. t1ons not submitted to gote but directly enacte
r., can go into full effect without this eoth Sect1o
El- even If it ls omitted Such sections are entire
D. explicit, and substitute themselves by neceaesi
oz, into the then existing charter. They repeal
ade d The parts Of the act not required to be vot
| on are valid enactnents, Notwithstanding the f
verse vote Of the people On the amendments ST
/ ulitted.
By By providing that some amendments should
Inv submitted and come should be positively e1acte
1867 the Legislature practically declare their 1nte
rth that the latter shon1 pc lndependent ol tne !
~, mer-that some should be enacted absolutely, t
o1n others not absolutely but eondttfonay on pol
n lar vote There is no ambiguity n The lay n !.
;o, respect, nor any room for construction. Ihe
ion tent Of the Legislature that the sections not
fe1red to vote should go INTO e1eel1s ctear
'eIe It only then remains to inquire II q law viii
P. | as to come provisions, is beyond the power
NJ the Legslature and d. n a. some r. %'tn.n III T.,
nue. 1 to those beyond its power, and which are IN
pendent. The Legislative power Is In it, nat
sovereign and complete except where 1t 1s
at- Rtricted by the Constitution. OF course II
,tiBt valid except IN 5ae poat o. Iae ~
tets, acts and they are to be carried out a. made
non | the public good by those entrusted with
Office, in ell their provisions not clearly uncon
lae:} tutional.
See Sedgwfck on Statutes, 4e9, and e. - e. eitet
TAereso5c y is ny ggin5s1 ast thsf ne pafss o.
M pasaea - - fooa hoa ~ he ry ~
ay), cage are efteat;re and valid, and that the bo
= IN | will bind the city. DANIEL LORE
New York, April q, 1871.
,.or Communicated.
he,, MEssRs. EDITORS: Among the ladies