, 1876-10-22
IMPORTANT DECISIONS.
The Supreme Court Holds that
Chicago Is Not Liable in
the Turner Case.
Public School Property Cannot Be
Taxed in ANY Manner for manl-
cipal or Other Purposes.

cipal or Uther fHPosSs'
| No Basis for Compensation Where tht
| Property Is Neither Taken nor
! Damaged.
| Yesterday afternoon the City La" Department
| received BY express from the Supreme couft 81
this State decisions on Important cases WHICH
were appealed to that Court. The cases were
| The City of Chicago VS.. Joseph barblan Inc
| City of Chicago VS.. The People ex rel =. b.
Miller l. Co.; The City of Chicago rs. James
Turner.
| IN THE TURNER CASE
| the opinion was delivered By Judge Scholt1eld.
The case was that the City Council passed an
| ordinance giving all the slaughtering OF the
CITY to Reid s. sherwin. and then the police
! force, BY the Mayors order, proceeded 70 Gu
force the ordinance and close up all other
| houses. Turner's business was completely
| broken up, and he unexpectedly arrested anu
| fined In police courts. \He appealed to the 81
| preme Court, which held that the ordinance
| was void, as it created monopoly.
| Turner began business again and brought suit
for damages sustained by the enforcement Of
| the ordinance The Circuit Court (Judge Iree)
| awarded him S1o, 900. The city appealed, ana
the Supreme Court has now decided, as IN tue
| aforementioned case, that the ordinance was
to pass it; it conferred no rights and gave no
liabilities upon the municipality; that it was
ultra yrcs, and hence that by virtue OF any acts
done by any persons, no responsibility vas cast
on the municipality That the acts OF In the OIL OIL
GERS were simply as If done when no such ordl- T.
| nance was in existence, and hence the plalntln
| could not recover any damage against the city
for the injuries complained Of.
PUBLIC SCHOOL PROPERTY NOT TAXABLE.
In the case Of The City vs.. The People ex rel.
Henry B. Miller, the County Court rendered a
Judgment against certain lands for taxes OF
1S71, which lands are held b., the city exclusive
IL for the use Of the public schools and were
held by the foreclosure OF mortgages taken to
the Sixteenth Section Of Township -, donated
by the General GoveEnmentfor school purposes.
The lands we're not leased by the city nor used
with view to profit, and there are no school
houses on them. By the sixth section, clause
l, Of the act Of Congress donating said Sec.
Is, it was provided that when such
section had been sold or otherwise disposed OF,
other lands equivalent thereto and as contigu-
the use of the inhabitants of such township
Sec. IL was sold, the money WIS loaned for
school purposes, and By the foreclosure Of mort
cages to secure the loan Of the same the title
sacquired by the city, but for public school pur-
poses. BY an net approved Jan. 10, l82o, tue
Auditor aud Secretary Of State were appointed
Commissioners OF the School Fund, aud on the22d
Of January, 1629 the Legislature passed an act au-
thorizing the County Commissioners to appoint
the School Commissioners In their respective
counties, and the same act authorized them, III
the mode therein prescribed, to sell the Six
tccpth Section and loan the money received
therefor and to pay the interest received there
on to tho Trustees OF Schools for their respec-
tive townships. Thus the Law has remained
No act of the General Assembly has ever grant
cd title to the school property aud tuuu ire
yocably to any body of persons They have
>:s.:-: ."r: :r;r:.lc bades to haudle
and coAlrul the fund for the use
Of the pcople. But that body lias
not parted with the power to control the fund
in any mode they may choose Tor the use Of the
schools They can transfer its control to 9th.
ers than those previously IN charge Of it, u
they see tit. The increase OF the fund should
be expended In the support OF schools. Man
ner and agency employed may be, at all times,
controlled or changed By the State at pleasure:
The State is virtually Trustee for the fuMl
for the use OF the people, and thc municipalities
the State In the execution OF the trust The
State has the power to resume the fund, and
uso It TOR tne o9i PURPOSES oeiignatea ~ aae.a
py the act OF congress nls pefps 80, 19c otate
for the purposes Of the g grant. Art ), Sec :,
" tne ConsIltutaon o1 1oso, pro9lues 5nA1 AZ
land moneys, Or otner properly aonateo, granl-
ed, OF sece1vsa ior scno9l Soe, tha5.ef q
nnxefslty pnfp4ses, aha me p+peeeos .iefe1t. f
shall be faithfully applled 10 the oolects lor
which such g1tts or grants were made. Ihls
provision lncludes INC lanos ana money en-
olaceu III tne common scnool ': tuno aiso tnG
college, seminary, and university lands and
funds n in the hands 1 Of or under the control OF
the State. The Legislature has no right
or constitutional power to appropriate
any part OF TINS 1und 70 de1ray
the expenses & o. tue state, counties, OF other
municipal bodies, OF those created tor school
purposes ihey can Neither 90 TINS directly
nor indirectly. They can take no part OF it by
taxation. mat would be an unconst'tutl2nal
perVefslon Of the tund to tl1at extent Ihls
school property IS none OF it subject to taxation
Therefore no nopuolic-school property can be taxed
either BY the State, county, or nunlclpalltty,
and can be used only Tor school purposes. The
decision OF the Circuit Court below is reversed:
NORTH @ STATE ;: STREET.
Judge i e. schoiield delivered the oP1nlon1n the
case NThe City of Chicago rs. Joseph Bar
bian." It vas an appeal from the Superior
Court OF Cook County, which awarded DAM
ages amounting to S404 ,5s2; which damages
were sustained by reason OF the widening Of
North State street. 1t was not pretended that
n rr1atnrsG hpnu