195 N.E. 649 | Ill. | 1935
In the spring of 1929 a petition for the formation of the Northeast Park District of Evanston was filed pursuant to the act of the General Assembly entitled, "An act to provide for the organization of park districts and the transfer of submerged lands to those bordering on navigable bodies of water," approved June 28, 1895, in force July 1, 1895, as amended. (Cahill's Stat. 1931, chap. 105, par. 295.) Pursuant to this petition, which was for the formation of the district and for placing the names of certain persons on the ballots as candidates for commissioners, the county judge of Cook county issued his order calling the statutory election for July 9, 1929. The election was held in accordance with the order of the county judge, the returns were made to him and were canvassed by him, and thereafter he entered an order declaring that all of *256
the acts and proceedings required by law to be done before and after the election had been fully and lawfully done; that 817 votes had been cast at the election — 411 for the organization of the proposed park district and 406 against it. His order further declared that the persons named therein were elected to the office of commissioners and decreed the park district to be a duly organized body politic. Subsequent to this order of the county court a petition was filed in the circuit court of Cook county asking leave to file an information in the nature of quowarranto against the persons named as commissioners of the park district, and upon this petition leave was granted and the petition filed in the name of the People, on relation of Gustav E. Seegren, questioning the right of the incumbents to act as commissioners for the district and challenging the legality of its organization. The proceeding thus started came to this court, and our opinion thereon may be found in
The steps by which a described territory becomes a municipal corporation as a park district are prescribed by statute, and upon completion of that procedure it is, in the words of the act, "deemed an organized park district, * * * and the said district so organized shall have the name designated and set forth in said petition, and by such name and style the same may sue and be sued, contract and be contracted with, acquire and hold real estate and personal property necessary for corporate purposes, and adopt a common seal and alter the same at pleasure, and such district shall constitute in law and equity a body corporate and politic and exercise the powers herein specified. All courts of this State shall take judicial notice of the organization of said park district and of the election of said commissioners." (Smith's Stat. 1933, chap. 105, sec. 5, par. 260; Cahill's Stat. 1933, chap. 105, par. 299.) We have held that such a park district is a municipal corporation. (VanNada v. Goedde,
While the acts performed are judicial, it is also true that the proceedings for the formation of the park district are special and statutory in their nature and constitute *258
neither an action at law nor a suit in equity. Such proceedings may be reviewed only in whatever manner, if any, may be provided by the statute itself. (Freeport Motor Casualty Co. v.Madden,
A reading of section 117 of the Election law makes it apparent that it is inappropriate to the purpose for which it is here sought to be used. It provides, in substance, that in case of constitutional amendments or other public measures submitted to the voters of the State, and of public measures or subjects submitted to the voters of any city, village, incorporated town, county, sanitary district, "or any other municipal corporation, or any subdivision of the State," any five electors of the State, city, village, incorporated town, county, sanitary district or other municipal corporation or subdivision of the State, may contest the results of any such election by filing a written statement in the circuit or superior court in like form as in other cases of contested elections in the circuit court. It further provides: "Such city, village, incorporated town, county, sanitary district or other municipal corporation or subdivision of the State shall be made defendant and process shall be served as in suits against such city, village, incorporated town, county, sanitary district or other municipal corporation or subdivision of the State." The act further provides that where the contest relates to a constitutional amendment or public measure submitted to the voters of the State, the statement of contest shall not specify any defendant but notice of the contest shall be filed with the Attorney General, who may appear and take such steps as he may deem proper with respect to the contest. The act *259 contemplates two types of contest: one where the State as a whole is affected, in which case there shall be no defendant but notice only to the Attorney General, and the other class affecting political subdivisions of the State, in which a subdivision itself, as a municipal corporation, is defendant, with leave to others to intervene. It is our opinion that the words "subdivision of the State," in the statute, mean a political subdivision which is capable of being sued and of being a defendant in an election contest. There are many such subdivisions, such as school districts, community high school districts, drainage districts and park districts, and unless the word is so interpreted it can have no definite legal meaning.
The appellees say in their brief that they do not dispute the existence of the park district as a de facto corporation, nor do we think they could successfully do so. In this case the rule applies that no one but the sovereign by quo warranto may test the de jure existence of the municipal corporation. (People v. McKinnie,
In arriving at our conclusion we have not ignoredBramstaedt v. Indian Boundary Sanitary District,
The judgment of the circuit court of Cook county will be reversed, and since the proceeding cannot be maintained it will not be necessary to remand the cause. A final judgment will be entered in this court dismissing the proceeding.
Reversed and proceeding dismissed.