, 1869-06-01
THE COURTS OF LAM AHn EQUITY.

ruK eoETu SIDE rAHK CONTROVERSY.
In pursuance Of notice heretofore puhl!cl5 gtyen,
the Commissioners Of the South Slte Park viii, on
this day, apply TO the Supreme Court, sitting at
MotFAk Vernon, for four wits Of EsaHdaaux to
enanm mem to cary ont the lunes Imposed upon
fsncd Pnrk acta They have already nled thelf
petitions IN that court They bring up the con-
ssttns,onallty Of the two legislative acts In al
The first BIZ is one asking that nandamus
issue directed TO the County Clerk, under which
be shall Levy ne assessment Of * @ for the pay
ment OF the property pUfchasctl-
The second pettt1on asks that 1.9tld1'nuk Is sue
70 Tie Common Coanc % & enforce or Ias saaa!iss
and to compel the Mayer and CompuoAer to Issue
tie city bonds contemplated by The act
TIC third Is asked 10 he directed to Judge VIII
uaIps, 0. the Circuit Court, thal he mar proceed
TO appoint Park Assessors.
The ether one prays that q Witt issue 70 the
same Judicial officer, to require him n appoint,
OF laud sought 70 be acquired, where the owner
md the Commissioners disagree as to the price to
Hne petitions, with the points Of :Ac couu1is-
sicrers' cla!rns, afe In substance as follows:
I-LkTT TAX. .,.
-, - eeeS asSS r. te atats tssp
they have purchased and acquired title to oyeG 100
acres Of land, which Land has been selected for
tIatm1 foF he pareaass Of os5er aads needsd
Wherefore they hasn sold park bonds. to the
amount Of s125e00. to procure the Means Of com.
da1, to eel, = further number Of bonds, that other
performed b. virtue Of the legislative act, con-
q q sss ay & as County
UcrE, upon the return Of the commissoners' ed
t.mases Of the sum required for pa1k purposes, to
s. s qsTa amoan,s n enasas sas sne1 q u 'ss
d properly u ne towns ot soutn s1;1
Chicago, HYDE razk and Iase. w,lcn amount as41 ~
b colleesd - Sssts = and County tea -
have, on the s4:h day Of May, declared iaat ne ne
sum of E300 600 ithe maxiMum> y 1eedei iol .ns 9
t5 Hane 51amn4ement Of The pask landz Demand has
been made upon the CLERK 70 asaesa 1nis Anouat IN
the next tax warrant HneIenpvn t - isaasas ~
menrsd n he superior Court to restrain levy,
and because the validity Of the Park net has been
questioned.
The points made are: ..-......
l. The authority to acquire AID improve laads
for park purposes IS not 70 be denied, nnt
objections are made as TO the manner
Of the e1erct4e OF The, power. It is
onec,ss that The a2:aoat{ {, :!
s11Ittall5 q GIaut Of power to tax .
2, That the people Of the towns named are to he
taxed without the assent Of their corporate au-
thorites. Claimed that these people have voted
that the tax should he Imposed, aud that the as
cent OF the peoples agents has thus been rendered
unuecessa15: The REALTORS are the agents Of tne
town, but II lies with the Legislature to appoint
ether agents, aud the organization Of towns may
be altered without consent given By the town
& The Legislature may delegate the power Of
taxation for local purposes to LEGAL officers "ltn-
out express authority. .,.
There Is no provision o. NE eonss'tGt0n ,n th v
eo1rorato authorities, nor upon any paraenlal
class cf officers, and nothing short Of an expFess "a
Y4<hr In hNhaf