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Sheridan Road News-Letter (1889), 23 Apr 1899, p. 10

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“Second. ‘For' or 'a'ulnst’ the proposi- tion authorizing link: Town-Mp Board of Education to Issue the bong: of um town- ship to the. nmdunt of thirty thousand dol- Inn, proceedl to be used to band aid venom lipase." ~ "‘First. ‘For‘ or ‘nninst' the proposition to .mthorize the Township Board of Edn- cation 01" the Township High School of Townnbip Forty-three. Range Twelvp and Thirteen. East a! the Third Principal Me- rigllan. J}: Lake County. illixioil. to build a school hour“: on lot eight, in NM: thirty- iivn. in tin: City of Highland Pork, In mid Township Forty-three. in the County at Lake and State of Imam-{the mt théreof to be mayo." case we deem lt‘ unnecessary to discuss my evidence homing upon that nmflon.‘ At- }he meeting Jam ‘mentloned. however. It was resolved to erect a high school hum-L in»: upon the lot theretofore purchased. and. to Issue bonds to: the pungent therefor to the nmuun‘ -01 330.000. and, it was ordered that ‘nn election be held on the 2111: of Anguti‘. fellowing. at which two proposi- .tiona were to lie submitted. “1.: that the two members residing at Weat Deerfleld'ieldom attended the meetinizs of the board; In 16 said board of education purchased a lot whereon 'to erect a high school building. but no vote of the people was taken as to the selection of the site or anthmizing the purchase. On July 30. 18m. 21 meeting of said board was held at which Smoot. 'Pesse and Shields the members from Highland Park and Fort Shel-Mamwere present. but the other two, Adams and Pet- tls, from West Deerneid were absent. it is claimed by appellant that the absent members had no notice of this meet- ing, but in the view we take of the o! a high wheel billing inter-chin CI. rnlgenll antennae!" elieeed voted the elector. n! all townehin. The validity otenehekcthtnndtberiahtoluld board of education,“ lune the both. Ire the queetleu involved in this eontroverny‘ The town-Mp inelndu m'om at Highland Park. Iitneted in the southeast corner of the township. and also the "line oi Fort Sheridan. which adjoins uid city on the north.. Both city and rillue front upon lake )iiehinn. and extend nbont one and one-toerth miles back he. the lake. and‘ about time miles nlong the late than. The township in frat-tionnl end minin- about thlry square miles of territory. including the corponte llmitn of the bit! null rillnle. The weetern portion of the tow-thin he- been organized into a renal-ate town known at Went Deerfleld and has two railroad eta- tlonl. one It Deerileld Corner: and one at Everett. where there is also I poet-omee by the name name. The City of Highland Perk contains over hnli oi the inhabitants of the tnwnehin. the remainder of the town- ehln being more emreely settled and con-- Iletinx principally of farming land; All of the complainant: in the bill. being mare than sixty in number. reside in the town of West Deerileid. - » V in 1!!!) the entire township was ornnlned into n high school ~(liltl'it‘t. and n board of education we: elected. consisting of five members. A high school was established and carried on in a rented building in the eity of Highland Park. Three of the mem- ber. of the board have nlnn been elected from the city Ind village and‘ the other two from the outside Wtoryr It nppeen the busineu of the board he generally been transacted by the three members residing in angmzmmmmmm 10 THAT Immediately after 'the election appellant with 50 other residents of West Dumeld who were joined as complainants. filed the hill in this cause end obtained at temporary injunction restraining the board of educa- tion from issuing the bonds. Answers were filed and the ensue being at issue was re ferred to the Insster to take and reimrt proofs and hi. findings thereon. The man- 4e: We mmulma‘nfs Tn \Miii 0n n ilnni hearing or the mule. upon exceptions to the master’ I report. the court dissolved the injunction and d'smissed the bill for want of equity. and appellant brings the cause to this court for review. As to the first proposition we hold under the authority of Greenwood v. Gmeiick. 175 111.. 526. the board of; education had no power Ho loclie and, purchase a school house site without submitting the question to a vote of the‘ electors. We no heldâ€"in the case of lining v. Hatthimen in 'nn opinion flied by this court December .14, 18%. “it unnecessary to repeat ibe'ren- zoning of those cases. The question mutt be considered as settled in this court. AI to the uecoud proposition we hold that“. subsequent election did not constitute such a ratification of the previous illegal action of the board an to validate the same and authorize the issuing of the bonds sought to be enjoined. ‘The electors were liven no choice. a No opportunity was aflorded them otvotlna noon a location as they had the ‘rlxht to do. That ma an important rials: given to tug-in by the lomgnd tic election held bad no reference. whatever to Two anemic” are presented tons for determination which must be decisive or this use. 1. Had the board of odo-ation poWer to locate ‘and purchase a school home alto without submitting the question to] vote of the ‘electorl of the township. 2.. It the first queation is answered in tho nega- tive. did the élpction which was afterwards held (conceding it to be legally called and held.) amount to 's‘nch a ratification’of the former illeniaction of the board In selectâ€" ing and but‘chgainpthe school house site. as to Validate the “mound now authorize the board to issue the bonds in contro- versy. ‘ - the nae-hen of the board holn thnt piece none" to hue been onnoeed to the HM- ing or the school home. but whether It won hecunee they did not want a high school u all. or for the reuon It In. to be located In Highland Park. does not clearly nope". not in it necessary to inquire. The oontroveny In similar to many which have nrieen when there has been on nttempt to «inhibit n township high ochool and tax all the prop- art: of the township for its motion and support. when pnetiooily only a favored loonlity would be benefited thereby. Aetioa was tahaa an to drill notice at auh election. and certain motieoa, were given and an election held M. It la iaaiated by What that proper notion were not siren and that the votaaa o! Wat Beetle“ "N’INIIMU deprived o! a mummrthemaoathatouyoae nailing place vaa prorided la the whole tonahip and that area located in the City or Bfnlaud Path. Theaa omtion’a. how- ever. we ahall not take tine to dim The election hells held at the time Ind upon the hoard. via: August 21. am. there were east 27‘! vote in' ail. m being in favor of the pmpoaitioaa aubmitted and. all again“. The mater m by hla report. aa amended. thet'the to nahlp contained on roten. an of which were In Weat Deer- leld. no It appears that the vote out at the electlon waa amall aa compared with the total number entitled to vote. but we'd. not regard thin point aa being very material toa deleminatlon o! the «meadow; inrolyed. The people of Went Deerfleid as well aa THE SHERIDAN ROAD NEWS-LETTER. Announcement About lnsumnce.. Deirtii‘h St. [JepAcgtdgm‘mi 53:51.: Mamqettc mag. banana. Raficn Baker have moved their Inain office to their yard, north of electric light station. Bills receipted and orders will be taken by James H. Dufl‘y at Postal Telegraph ‘oflice. WANTEDâ€"e. A middle aged man, single, to care for horse“ and cow andVdo geperal wprk Ebout the place."'-Bobm, board and small wages. Apply to drug store. Glen- fled hy the clerk. appellououht not now be bummed to hull of that objection. However. this question I. not very mate- rial n We deelde the case on bill and on- swer. without anco to the mautn‘o re- port. and hence "curl! the objection were tenable II would lute no amount-e In our doc-Mon. . As to thg complalnnnts who were not tax payers as shown by the master's report. It was proper to dismiss. the bl".â€" but u to appellant and the other complainant; .It was etror'to dissolve the lnjuhmlon and dismiss the bill. We think the court “mum have made the lnjunctlon perpetual accord- lug to the prayer of the bill. Aa the mm- at then two nono- nitioaa advarnei: to Wilton ia tatal ,to thin eaae. it in numn ta diaenaa the nan: can points nude tor met-a1. it in inahtrd by coin-fl to: aooeiieea. that we Mid not consider the em anal-65d. he. eauae the original were report in incor- porated in‘the record lnatead of a trano ant-Int than“. and anthol'itiea are cited to ahonr that thin cannot be done even by atip- niation of the partial. We thin the objec- tion come. too late. We mnat take the no 0rd an we Ind it. certified by'tiu- prone! cilia-r. and eannot know judicially that the original or the Iaater'a report in law- ate-d inatead of a trananlpt. Bad the nab ter been been" to our attention heron a binder in gym...» hta nation to man than the din. amllant could have an'aaeat- ed a diuinntion or the record and obtained leave to annpiy transcript. But the cam having been anbmitted on the record certi- mmuaucommmwmw In. ‘1'!» no. at helm» v; Guild School Db!" B N. 8.. 568 (I. 0.. 81 Ml. lieu. as». cited by ammo. u do not rent! an bola: In mt. the question then decided not boll; m use In "at pn- ulted to an. .- v.9 uyvlububnoo I wish to announce to‘my customers that m? {Inc 0! 1m ed English and French I" annex. to: 01¢ and Tennis 5mm. now comglete. Ind I wll! be pleased to show you he Ingest and moot select stock of novelties in Ugh floods. Keapecflujly. IM Corner Lake and Deagbom Sta». CHICAGO. ‘. B. Lauder. . McCarthy

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