, 1877-02-04

Judge Wallace 0verruled and the
Special Assessment Sus-
tanned.
Tie Supreme Court Orders Judgment to Re In
tered Against Delinquent Lands.

When application was made last summer to
Judge Wallace of the County Court to sise
judgmen1 against property delinquent on the
Lincoln Pa7k special assessment, he gave his de-
cision in favor Of the defendants on the ground
Of the unconstitutiona1ity Of certain provisions
OF the amended Lincoln Park act. The case was
appealed to the Supreme Court, which has Just
given its opinion, reversing the decision OF Judge
Wallace. The following is the opinion, which IS
written By Mr.. Justice Blesse:
This Is an appeal from the County Court Of Cook
County refusing Judgment for certain assessments
for the enlargement and u 1eoa"
urer. The assessments were made by the super
visor and Assessor Of the Town OF North Calcago, ,
and the question i a. to their power % II anat a
View but the purpose Of these assessment Pro
ceedings was condemning and acquiring the title
a limits q s1a So1h wsS csesgo % ana add tie
to the park in order thereby to 1ts improvement.
This Improvement: was clearly local improvement: M
General Assembly may vest the corporate authors
ties OF cities, towns, and Villages with power 70
make local improvements By special assessments
or By special taxation Of contiguous properly OF
This court in Hundley and Ress rs. TIE be Com
missioners of Lincoln PARK " III, oos, SUI,
q town were corporate authorities Of the town,
hence it follows these assessments being maze py
those officers made by the corporate antho.i,
ties OF the town in which the lands eonsnt 10 ot
| Commissioners OF this park might o'iglnase Tue
proceedings and carry them on IS expressly ansaos
fxeL by sec 3 Of the act in regard TO the compie'
tion of public parks and the Manaecmena theEeot'
| in force July i, 1871, r. S., 1874. p. 7:39
The power existing to leyy tue ns5eSsmenas M ana
| steps required By law have been properly taken
| and In pursuance of the law.
It IL unnecessary to argue upon the co1ssLt1tlon
nj ~ of the Park acts. That has been scitleo ID
the case of Mundlcy ct nj. vs. The Commissioners
| OF Lincoln Park supra.
ton ia a local Improvement; that the assessment
thereof was made by the proper corporate autnos
ties of the town OF its locality the Town OF Nol!n
| Chicago. and upon lands within its corporate
limits. We therefore think none OF inc oo1ee!ioaa
| made in the County Court shouio ua'e pte'"1'eu'
! hut should have been disallowed.
For the error in allowing them. me 1uo1.ment y
| reversed and the cause reminded 10 tne Co4nty
| Court With directions TO enter ]ud.men! lot the
| amount Of the several assessments against each
| delinquent x...
| A corresnonf9ent writes to Tug TRIBUNE, ask
| ino how manv acres the title to 1incoln fafh
noija for. it, length and average width, and
| 1ovy much money the city has through II:
AGENTS snent on the improvements as they arc
| The Secretary OF the Park Commission, tne
| Hon, F. S. Taylor, answers this questlon u
| Rhout go acres are embraced within the
| boundaries Of Lincoln Park.
It has an average width OF quarter OIL
The entire expenditure, including S60o,00
naid for land, has been 81, 100000, covering
period of nearly twelve years.