, 1874-01-31


Of my road, rvcr, crcoS, or os!cr wator'co1rae--
nro included by ppecino enumeration, whtc!
ralsoB tho pres,mpio that tilo!ogisativo imtola-
lion stopped with tho limit Of tho entinorat!on
Tloan.,rcr Of Chicago falls undcr. tho following
language: "Or to any fund now being Or hore-
uftor 10 bo entablia...ed by low for public pur-
poscs."
no ArrI1cArroN TO CITY FuSpa.
s ss tT pSs s oy 10 9re s S1a5o nortst amt
question bcforc iiis Court is tho ntontlon ot t,c
Legislature In rassiny tl,ia aut. Tho Legislative
mind oonla hardly have o.tcrtatnel an t'ituntion
In respect to that Which did not oStst, and Of tho
City uovornlrout Vt my kind or description
whatsoever within the cpnluos of tho Common.
wcaltl, Of Illinois; 30 TINT II II sha'! bo found
that tho Inv gauge Of tho act ts broad enough to
aud cannot 10 tho result Of specific pnrposo on
tho part Of tho Assembly to include such OIL,
GERS, but d caroful inspection or the text nnd
structure OF the act conyinces tito mlnd TINT It
ca1l hayo no application to Tho case now bcforo
this Court.
in tho first place. tho money III n1r. Gago'a
custody waa not in fund ontabliahcd by law
aud ,uder no othor clallBo IL it claimed tint do
fendlnt's case can bc brought.
NO FUND EsTAnLlsttED NJ LAW.
Tho City Government OF Oillcngo was oatnh-
lisl,ol by law, ind thoro the law stopped. by
tho granting Of tho City Charter Of Chicago no
fund was established, for no fund might ever
exist. Tho fund in Mir. QaEos custody came
from n variety Of sourcos-solling property, rents
OF property taxaB, over twonty In all-Which,
we asls, was established by lawi Tl,v artiticlnl
porson authorized to transact business, 10 tho
course of which money might accumulate, was
established by law; but tho funds thus accuniu.
lated iii no accurate aonse woro estaot!shea oy
law more than tho money found ia tho Troasury
OF any other corporation, such as Q railroad
company croatod by law, or any ono OF the many
hunlrod manufacturing companies do;ng oaisl.
ness in tlo borders, Of Illinois by authority or
tho lnwB Of Illinois.
Tho Oily OF Chioago was authorized to raise
money pracfaely as tho counties OF townshtps
enumerated In tho act wero, yot their onu'nera-
ton expressly rofutas tho construction maill-
tainod by tho statos Attorney for, II the lan-
Ruago OF to any fund now being or hereafter to
be established by Inv for public purposes" i" was
intended to cover all funds in which the public
had M interest, then the Legislature wore guilty
of IN act OF great suporlulty in tic following
enumeration:
longing to this State, to lhe school fund ol ta Snto
to the school fund Ut my county or township, to auy
county In ths State, to any canal TURNPIKE, or RAILROAD
fund Of thts State or ay county 1AcreoF nr 10 the
President and Directors Of the tata Dan or to any
fluid for tho Improvement Of any public road, riyor.
this S,ate or to ay other find being horeatter
10 bo established by Law for public purposes
All tiiia might llayo been omlttud, aud tho en-
tiro purpose Of the act accomplished, by having
it briefly read AZ folows:
DO entrusted by law to collect. disburae, receive, or
safey keen any money or moneys, resenua or rav
enue belonging to this sate Or to my other fund new
being or hereafter to he Established W Law iof paoe
purposes.
Their particular enumeration destroys tho
only construction that will embrace Mr. Cages
cnse, and clearly shows that tho Legislature, by
the wordH established by law" mesnt eatao-
~, t,,f f{}p 4j m # In
THE REAL MEANING. -
Tile general words - belonging to this State "
Ut lie beginning Of this section, the structure
aud evident purpose Of tho act, forbid tue ideaa
ts,at it intended to apply to the oltieera OF
City ;Goyornmonta which, a. tl,at p9r,9a IN IN
existence but forci5ly suggest the construction
That, after M enumeration OF tho funds Which
might beloDg to tho different subordinate arms
Of tho State aovcrnment, auch ns school funds.
any other fund established by law, means Other
funls Of like character as the above; l. c., State
fuuda established by direct appropriation OF the
Legislature, such as an appropriation for I'M.
provomont Of tho pentontiary, or for asgluuls
and matters Of that sort.
II, however. tho n oouE s,aii BE- oi opinion thai
| tho act Of 1888 WIS inlont!cd to mud does i'll
cl,ldo the OF tl,e City. Treasurer pf Chicago
sss woFd sa oPs 81 % s S act u
| The rula upon thiB subject is. that
| a spooifo and detailed statute in re-
lation to particular class, works repeal oi
previous general laws haylng relation to tint
| clasa 80 that whenever q later statute is found
| to embrace complete syBtcm upon my subject
| with all the necessary details to carry inte
active operation, then the presumption is thai
| it contains oil tho provisions that tho Logihla
ture intended should be Incorporated into ths
system that it was tho Legislative intention tt
ignore the provisions of ali former Laws upor
the Bn1ne subject not actually incorporated intt
tho now law. II tho recent laws arc IT,
complete, auxiliary, or. am!ondatory il il
their nature !,o. Then it ,a is an,Is presumed q
prior laws upon tho Hame subject to be con.
Btrued along With them; but, IT complete III
themselves, comprising tho whole subject un
| der consideration, then, as VIC hive said, It IL
presupod that the Legslatugo. by their adop
lion, intended the repeal Of Ill former laws upot
| tho Same subject. ......
The rule is we'll stated by Chief Justice DrcoBo
in m opinion filed only Inst February, in th'
Supreme Court Of this Stato, III tho case o
Howard q Culver Y. Third National Bank.
cases whoro it ia held that o general law doe
not repeal or suspend prior special or local lay
on the samo subject matter.
The fair corolIary from this propoRiti0n Ia, thu
prior general Inv is suspended or repealed D.
q subsequent local or special law Oh tho sam
subject mnttcr.
IL addition to tho detailed and partlcula
scheme enncted In Soc. 81 Of Gimp. 3 Of til
CITY charter In 1868 there iA further apecial pro
vision upon the Same subject alleged to bo cover
cd by the law of 1883, which will be found i
Sec, s Of Chap. Of tho city charter, and whic
is as follows:
It ahall be the duty Of snd oomptroller nearly
may 10, to charge all officers Ill tho receipt Of revenue
or inoueys Of tho city with the wholc amount, froI
time to time of such receipts; and le shan counter
ggn all ax and assessment warrants for the collection
oirayenuo, tssnod under any ordinance or law Of IL
city by virtue Of which money is receivable, or to
received paid into the City Treasury, except Wal
rants for The collection OF water rents, Or asAes
ments, charging the proper otIlcer tho amour
collectabo thercSn shall nso require Of a officers
thereof with vouchors and receipts Of paynot ther
for into the City Treasury weekly or nonthly, or
often rs we shall at 10 require the by any rci
ulatiou which be may .dort and II any such otlcs
when 80 required, aforesaid, and pay over a',c
money. received, it shai then be tie duty Of t.
directed too, such officer and III Ills sesur,tie' M
to make settlements Of his said accounts With Il
Comptroller, and to pay over the lalancs Of money
| fo,,rrt In IN. hfR hnntfR hAl1nHIuH to HR