The People v. E. I. St. L. Ry. Co.

2 Citing cases

  1. Niebling v. the Town of Moline

    131 N.E.2d 535 (Ill. 1956)   Cited 5 times

    We have examined the authorities concerning the administrative duties of justices of the peace on the board of town auditors and we have found nothing to the effect which would give to a justice of the peace in this State ex officio powers as a town auditor. For historical background as to administrative functions exercised by justices of the peace see People ex rel. Browne v. Eastern Illinoisand St. Louis Railway Co. 353 Ill. 40. We therefore see no merit to the arguments of plaintiff that because a justice of the peace is an elective constitutional officer his compensation can neither be increased nor diminished during his term of office.

  2. The People v. B. O. S.W. Ry. Co.

    187 N.E. 463 (Ill. 1933)   Cited 13 times
    In People ex rel. Clark v. Baltimore and Ohio Southwestern Railway Co. 353 Ill. 492, it was held that "A tax levy largely in excess of the amount required for the purpose for which it is made, with the intention of creating a surplus to be used for another purpose, is not a legal tax levy even though the rate is within the limit fixed by statute.

    The objection is that the provision of section 56 of the Road and Bridge act of 1913 as amended, granting the board of town auditors of a town the power to consent to a levy of taxes for road and bridge purposes in excess of twenty-five cents but not in excess of thirty-three cents on the $100 of assessed valuation is unconstitutional, because it confers on justices of the peace, as members of the board of town auditors, non-judicial functions, and also because it confers on boards of town auditors an arbitrary power, in violation of the due process of law clause of the constitution. The questions raised by the objection to these taxes have been passed upon and decided adversely to the contention of appellant in People v. Eastern Illinois and St. Louis Railway Co. 353 Ill. 40. There was no error in overruling the objection to these taxes. The judgment of the county court is affirmed.