, 1870-12-11

L
\ l'i1i has l'een fled in one Of onr courts,
1,.a. ling that the Eeeens action Of the city
III selling bonds he set inside: that the
ss>,:e If thr bonds be declared illegal, and
ths' Ill taxation to pay either principal or
Is:stz->, i'e prohibited. The ground IN
uLich this prayer is made is, that there
was no authority in the city 10 issue any
srch lsonds. oE to sell tls1n. The bill itself
s!s%s moi discuss aequestion Of power. but
1l4,}y deniee thnt any exists The question
l> Al important one. and. if there be any
fot:Es1atl'u f"r the allegation Of the hill, it
w":.ld be we'll to have the fact established
before the money arising from the sale Of
the ironhs sasaii be used
Tie issue Of these bonds las been in
eir:nc Of the authority given by several
Iste If the Legislature. These acts have
1.,rn of the dates and for the objects and
s.n.s as fnltpws:
.s':'. The Legislature, By act Of Febru-
a,y Ii. authorizes the city of Chicago to
make such arrangements for deepening the
Illinois and Michigan Canal, according to the
original plan. rs -'w4ll most efertually Sc
cure the thorough cleansing and ruridca-
si..n Of the Chicago River" provided the
Gust shall not exceed s.. 1.:a00, ,GoO Subse.
.inrnt'y. this limitation wns enlarged to
S:strAI.akNi.
lad to l,orrow hr the sale Of bonds, $780,
t~~' annually. for the construction of tun-
1lcls l1ndcr the river.
1~s:'. iey the twelfth section, Chapter =,
of the amended charter of 1867, the city
~as Authorized to borrow, from time to
ti1ae. fur water purposes. Sl,0Nl,0nl
1s. the thirteenth clause OF the first sec-
lion. Chapter :. Of the same act, the city
is Authorized to borrow, from time to
tlu'e. S:''h'.'hM for sewerage purposes.
liy the eighteenth section, to provide for
huilding new Dridewel1, and to provide
fur the t,ay.uent fur the same by the issue
uf bonds.
II. SECTION >. Of Chapter = same act,
IKE city Is authorized to Issue and negoti.
ale ta-uty-year 1'ouds, hearing : per cent
let, rest. To an amotlnt not exceeding
sI*l'shl for school buildings and
grounds.
l~s':'- The Legislature, by act approved
March IL. authorizes the city to borrow,
frua time to riu1e, a sum of money not en-
eeeding S:.00e.sh)o On account Of the
wafer fund.
l:x Section :, OF the same act, like au,
sLeH.y il given to borrow 81 600, 900 OF
account Of the sewerage fund.
lsy Section >, authority is given to l..r-
row sssk'. INA on account of school build,
ings. Full authority to borrow these
amounts, by the issue of bonds, is given,
and also for the Issue and sale OF bonds fol
the canal Improvement
By Section :, the authority to ISSUE
9'oads fur tnnnel purposes is enlarged II
the amount Of $500, tsk year.
Ill the bonds issued since the 1st OF Janu
Rsy. l-'si'. have been issued under the au
shority Of express grants Of power by tn
Legislature. Ths ttonds issued and sol,
LAST duly, in anticipation Of the adoption
Of the new constitution, we're the remain
ing 1'onds not previously issued under til
authority OF the acts Of the Legislature re
frrred to.
Cnlen. these be deuinl Of the power {
the Legislature to authorize these loan!
Ill. statutory authority seems to be con
r.cte. The old constitution provided:
''Tile corporate authorities OF couuucs, tow.
~'l~. rchU. fieirtc-s, cities, toEnS. h1t rtl!Rg
Ia-. TT +. sled With puWef To HES. 81 anu cole
.AN-- ifr .s,rIsr2tt sufposes; sucn taxes To
H:.rr7' I'll tetttett 10 persons anu nronert5 with
shr lurt-.1su ii OF the body Imposing the san
a,ra The t.eneTSl Assembly shall guite that
tie JrtpS,1g within the lil1ita Of municipal corp
r41luHn h s.f EtcE to Indtytiunis, shall ht fax+
f,s tt ra. lneit u afb'. ro"tt6eied nnde1 o"fhor
- i4N'
l., the absence OF any prohibition upe
H.. Legislature 10 charter cities, and to a
ll,.t,ize them to incur debts and liabititi
fss public purposes, it would seem that I
Legislature hsd the power to authorize
s'i.y to mako the several loans for the pit