, 1873-10-31


fare $40 fer the entire Zip, which amount thc
~ appellant 81 did pay uader protest. to avoid boing put
II further, nppeara tho uomfnlsstonera appointed
under THO not of April H. 1871 had not ton Asslgncd
tao appelleoa road to ny class under the roslalots
Of that not. III tho month Of S1t0fn0cr following,
gaa BY tho action Of tho Commissioners, aa'gnea to
II vii DO observed tho appellee does not show from
tho evidence MY violation Of The PROVISIONS u tho
statute 1.nor which he aecks to rccovcr. The Oon,'
p.ny'a road had not thou becn asatgea 70 class Ia II
belonged to tat cnas at tho deto h sought 70 obtain
Mt tho rate Of fsre 1l1sd by to aet OF Tho Gen.
e eir So %oa 5o e ' ssae fs @ proy
slona Of tho stntutc. Tho Company had previously
oseas - wess ss,s
fully demand the usual faro, % eon!it'on precedent
to carrying ho posns Is so a9S9sr: g e :vcuco in Tho
record within tho oaning Of tho statute tho eonsti-
tutloality Of tho ctcgention Under which 1t sought to
establish reasonable maximum ratio Of chnrgos for
the transrortnsiou Of passengers railroads III tis
State Il not involved III the ec!aion Of this casc, and
Tho Judgment Of tto Circuit Court is affirmed.
The ptor1H or rc1. '. N. II. Ii. WAl1AuE-pctltion
M 1or ma mandamua; opinion por curam; filed Oct.
.ss T ta an sRsssa ssss q h Yss ss Ssy f., os4 "
pes to tue Circuit Uaur. Of that e county ~ from
rendered 70 ega%st % s1tos 5 nns tor saes
snd collection of a1as il INCORPORATED etics townH
and Villages %c sss Lws 1a 4 only eiSss res
ciares that In cuao Of Judgment for such ta1cs m,
peas ehal also bo allowed to tho Supreme Court (anl
o u s s a Or osr e.
erty returned delinquent under the provisions this
not; :" aud tho balance Of the section refers to this
Court md not to tho Circuit Court III regulating tho
practice such appcala. Although tho language is
wo have no doubt tha il was tho design to yo an MP
peal from such judgments alono TO this Court, and
to 1s from the on is nn' 49,
REFUSED.
We Of tho opinion thnt tho law ID goncral as 1t ap-
plies to tho collection Of NIL unicipn takes Of incor-
sssA tSS ns doss not snS
It ii also objected that tho 10th section Of tho net
grafted NJ an amcndmens whilst tho bill Was being
considered and not read OH three several tays IN
y 'e paos se a's
ply. to I'LL amondment and tho objection cannot pre-
Tho writ Of manlamus ia denied.
JonN II. BRYANT ct al. Y. THE PEOPLE 'ex rol-Ar-
nsal d from Cook !; opinion per curiam; Med Oct.
This was judgment for delinquent taxes, ngainst
the lands Of several persons. rendered BY the County
ale it III this Court and AJAX US to make order on tho
Cook County Court to allow appeal, and in tho
1noantio to grant injunction restraining aao Of
tic lands to satisfy tho judgment against thcso lands.
this ID to bc considered Us m application for au
order for spcrsedcas tile reply ia that tho party has
not under tho 10th acction Of the act of March %,
1879 {Beas Laws OF 1873, p ~ Deposited the amount
Of The Judgment for taxes. That III tho condition upon
which superssdoas alone be granted, IN such
caae, under that act.
IN IN application al thc present term for arerae
dcasr We lied that whilet tho Constitution secured to
all persons tho right 10 writ Of error, n all civil
cases, whore tho Judgment decree a fnal, TINT tho
right to hnyo such writ Of tnao aunorecleas
ia not constitutional right and tic Legislature may
Impose terms upon which 1t aha be granted. To hare
auch writ 1uado Ruperaedcnu is not required by tho
Constitution We, In that case refused to mako tho
writ Of error s'lerscacas, and must refuse to mako
| such m order In tits case. ..
As to tho application for m injunction, II Is only
essary to add that 1t held III tho Of Campbell
Campbol ga ILL.,, 69l That tlis Court l1as JurBdlc-
tion to grant orIgiunl injunction In d case. THAT
| caao In conclusive Of this application.
Again, there ia no bill filed in this caao upon which
| M injunction could 10 Issued, It proceeding
under the statute In form at Inv mud not In cbanccry.
1t woull DO unheard Of in practice 10 grant iujunc-
| tion in auch without appropriate bill,
framed for tho purpose. But, whilst tho motion asks
Injunction, It ia In effect for superselca4 uudos
| another name.
The motion is denied.