, 1869-09-21

SSnds o. moneJ coming to tnelr hands for tao
puIpose Of acquiring ntie. auen lsndt 70 20 eon.
Eej Cd to and vest In the cfJ 70 Be used ~ pasa
d roT as Is purpose of acquiring land b condemns.
non, sppr1GeTt wert to be appointed by toa CH.
cut Court Of Cook County on application of tho
IL l. then provided BY Section II a. tolioras
For the purpose Of pay.ng tor tue lands taken iof
such part. under ne provtaiona ot ms ny t sno
spaA be neeesssry for thu purpose, shall be tsaued
by the Mayor, Comptroller, and Cerk ol sAsd ctyt
fforn ttme to ume, a. ne same snall b. rsaoirsa M
rose Aforesaid, and Ahall ~ delivered to sAid
hoard uppn demand; and sdd bonds shall be paya..
went! 1s1s fen s ,ss sns q dae eeI eepi
per annhtD, payable halt.year'y, on the asat da!s
81 January spd July u each 'e.E: and tne 81 ~
tods and the proceeds o. re sals thsseoi y saa H.
lands nfen for Ihe pa.k. ~ seciion - authority
u given the DoA1d Of Commissioners to use these
se ss es5 e5 saSs nsoe is
the lands pufchaAed or condemned. OF they may
tel the bonds II public OF priTate sale, Or by auo
and power IL 4tten 70 pledge the bonds for nouey
borrowed temporarily, ~ rate Of interest nos exs
eeedrg Pes ssnf r. annam ~ ?, y a. oeeea
Section 16 pledges the property OF me c!tJ aud
the lands 30 autnos:zed 10 be takeu TOR the pare.
for the pattnent Of sne principal anu interest o1
Ssc,lou - pisces the pa1x upder the exclusive
control and management Ct DoA1a Of commis-
sa e ssSss Ct ass = aoa
section ~ apponts the telssoes the nest Boafu
Of Commissioners, to hold oflce A3 such for dSe
,ua 81 1snu a lie se
years the tsne TO be 1lled by the EemalnlnE mem.
Gess ot the hosTd, ard all s2caccles occast0ned
b the jnase Of the Circuit Court Of Cook County.
Section ii gives 10 this board tho exclusive con-
trol and government Of The palE, WITH Fa*eF 70
surveyors. clertf, and other Officers. except 8
police force; to pretefibe and dedne their duties
,ton and require bonds for the faithful perform.
ance Of tncif duties; ant generally. 10 possess all
the power aod authority BY law conferred on, or
respect to public squares and places tn the city:
AID to 'ssase any public street or alley within 'ne
by " secison * s. Of m act amendatory Of this ac.,
approved March 90 1850, 1t was provided thas the
Common Conncn ot the city should not Issae, OF
cause 10 be Asuets nor should any on1cet Of the
city execute or negotiate The bonds o the city for
hundred thousand dollara. ....
These ase all The portions ot tue acts upou which
t6e questions as1se, ana which have been 70 fnilJ
it may be here stated tnas North Chicago, South
GaGa0 sns % NJ
compose tno city of Chicago Tne to~n Of Lake
View Il also an uEgans1ed township, but fosnas no
" Tue a.srnsiiye wrs alleges tha. the refaso,s ao-
cepsed the piace Of comm,ssloneTs took the oa.n M
ana save ths 5o1as By tse in1,
o. Ezra D, McCasg, President, and appointed
Joseph stockton, Secretary. aud hsrce their organ
% na1 sppeS l for Na app9asels. ] VIC y sefe @ apponte
bJ the Circuit Court Of Cook County; that HE
| appraisers hare qunltded Aud entered upon the
as iuc6 CommissiopeIs, have negotiated with
zone OF the owners for part Of the property en-
! bEace4 H,thtn the limits Of the park TO procure
Undertaken to perform the duties eDJolned upou
them a. Commissioners b. the net, ami have paic
and become liable 10 pay teEeEal thousand dol
prUper Officers, the Board oi Pubic Work., recog.
| n,zed the rrlators "a lawful Commissioners, Ant
authorized them to sake charge Of, In person
| manage, Hht1 contrib his pafk,
The rrlatoEs further a'leHe Tint they bad, .!
Commissioners, asceFIatnet. from Information a1t
from esiitnates n1ade ,! them. as wen as itott
yats rersons authorized to be taken, that il nouIt
require tue Issue by tue Major, Comptroller, ant
ssta . s. & s.e' S.es S2 g. e. tss fepe pupo.
i,by,pg for tho land 10 be taken; aud they deter
mined, and now sllcge the fact ~as and Is. tna
70 ~ na ~ M sop1 sat tet h. aet
lug a. such Conmissipnets1 by and through thet
President, K. Il. MccBgg. did, on the 18th dag .
ee oce. x,s o 10 ,us Son
tte5 itilikct in HrtlLR 10 do: ARd The EclaiorA III
lrRe. by reason Of sucM refusal, tue} arc prevent
laiposc q puGilc parl, any ~ ci thu laals belong
ing to private pcfsona or corporations, and tFuk
cu!utxlug uhl Improving the park Bz c0ute urlate
~ ihe at I'D aver they have no adequate RENE
The alternative writ Stands In the place Of
tyculatiou.n M ordinary actlon at Inv, and in1is
show II Gu, 1.t1na far1s Hood; unit, ia orlIuaF
caxrr, The demurrer brings before the court tn
whole mcF1ts OF the controversy. The Nf!t IN oni
I TO tc a~ny1ttd IN case Eherb the party aprl{ln
sought hy II done, anti hr The pcrsons or htx,
sought 10 bc cocFcctt. THE People, Ac. r. llatcf
The Important question prcscuse,i by tho d.
murrcr arises upon tho twelfth section of the nct
The relatots insst that It u watan the cnnst!tu
tional comretencT Of The uencrut AstuHalJ 70 r
qulre the issue OF these h0ns IN tho manner tn1l
cAten IN the act, upon The demand Of the tetnturs
aut thht II = As not necessary 10 submit tue 9tles
pal corporation al Chicago, or to the Comtnol
Councillor TO the Mayor and comptroller and Is th
1sceshasJ result Of POSSESSION ~ the 1.exsIatIf'
Of penury power over municipal corporations. s.
in'l md 10 absolute rs 70 ooi!tcrate them alto
gethef ahould me pubic exlgeEc,es 80 demand.
The deaurrants contend inat the requirement 0
toutla Of The CITY 10 pay tor the lan1 10 hc taSe
for llncoin fafk, aud 10 provide for IL, iupts,se
ment. IL nothing torc or less than The in,pos!tol
! Of tsx upon Ill the tuxAb.e properly within III
l1mits Of the city, hch the LeGtsiatnre, Of itsel
w,1hon, the agency or consent Of tue city Of Ch,
caGo as mnnicipal corporation. hns no coustltu
Ii Ia commended 1t is in direct violation OF Sec
tion BOT Article OF The Constitution Of III
lt,cs oi counties, townships, school dtstrtcsl
c,'ies, towns, and sllaRes may be invested wit
power 10 atseas and collect taxes for corporal
I purposes. SUCH taxes 10 hc uulfozm tt respoct I
persona and property within the Jurisdiction G
the body Imposing The same.
II Is argued BY the de,uurrsots that BY force O
| thta prov1siou none b1t the corporate authorize
Of city can he Invested With the pos er OF asscss
ing and collecting ta1es-tnat municipal lake
can only be aAsessea md coacs1ed lot soIpo.as
to the persons And property within the munc!pa
lurtstlic!lou.
ii Is also claimed that the corporate authorize
, | city government, which department, by the taal
ter OF the city Of Chicago, Is composed Of III
By ibe voters ot ine tese7nl warts; aal tue azsz
mept is that bJ ihls departucnt alone eau 8 ia
be lmpote,l for corporate purpose: 4,
ticle Is an absolute limitation upon tho excrcis
Of the taxing power BY the Lea.slasure-that II $
Units the general power Of that bod! n felatio
do Is 10 Teat the power IN the coIrofaie autnoF1
Ties, to be exercised or not, a. these authorize
We hase read with great care the able asz1l
laen's presented b5 counsel On both sides ~
iurnsne xi,h % lie eoasttsaiionai PROVISIONS I Of q
teverM St0tsa before bnsc courts theae tartrs
nlnatlons cited have been made. nor do we know
U
from them. some Of the Cases cited deny to tn
Ara.nat the vii q a muD!c,pal eospos4uon, Il
charged b. taxation. whilst other caseA seem t
hold that such corporations are 20 completely ur
! DEF 1egts'sslst eont:oi thas the Leatssasust Ns
| compel them to do whatever It may perm
item 10 DO. having the central benefit n vteE
: We do nos consider tnat It Is neces.sJ y
snonld s!tempt 70 ss'tle tosse oona!etsus or!oion
{ tncllpet to think, aa Mete question OF the exc
CHE Of the tnxluR power, It would be very di1eu
! 70 sussain this lA~ Under Section ef Article
IL Harvard r.. Tnc St ClaIr and Monroe Levt
, | aud De1tnage CoMY4n},-A case submitted at II
been agreed upon when this case was argued
held tbs section v IS 70 hs constrned ~ limit
t!on upen the POKER Of TIE legislature to de!ega
: other than the corporate or local authorities. II
i. that .! tne pasa:e cotporate authorities ND
!. or sppointed in some mode 70 which .hey ha
1 ei1en their assent. TO What exsens It T. to
o s.aasseu dlIeessy % ~ I1 sas 'Ie Legislature tae
: nsE !, q " sai., rs 70 DECIDE; = e ,;; aoxsy
D H. there nevertheless may be csses where the L.
itlasaze, without she consent os tho corporate =
i. thofst1es, Light impose taxes local Ia thetf cha
i | Ae,cr, II required bJ tho general good guTernme
OF the State, because such taxes would BOT
/. | merely ana only TOT corporate purroee-as Z O
Of the cities 0 The Stale should be t1sQrXent,
1alrlpE the Interpretation Of the military poxe
II 1t viii rot be denied The Stale on 1uellpg he
surrect.cp, conlt impose taxes upon the city 10
i | fray 1he expenses Of resort 10 military pow
SO II tho police department Of city should fall
9 tne s.Aie undoubtedly might proyiie III
Il force aud As&eFh the city for I
II expense: but the tax authorized
!. lie acs il question il for = purpo.e purely To-
= and corporate, haF1ng no Other element about
i and the COMMISSIONERS appointed BY II arr IN
sense corporate authorizes Of the city Of Ch1ca3
d They are i mere agency to Accomplish the p
q po*e specified in the Act. and sda.le to supcrse
l. the regularly constituted authorities Of the c.
i. ! 10 whom, BY The charter Of Tho city. hal be
Il committed the establishment, control, aud gore
4. n.ebt Of the pa1ks Of the clty.
,e Not acttg corporate authority Of the city
10 ChlcaEo, II cA1Eot to ea.l theJ arc the authpI
II contemplated hy the nth section Of Article