Commentaries On the Law of Municipal Corporations volume 1

Cover Commentaries On the Law of Municipal Corporations volume 1
Commentaries On the Law of Municipal Corporations volume 1
Dillon, John Forrest, 1831-1914
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Louis, 78 111. 548, 1875. In Strauss v. Pontiac, 40 111. 301, 1866, the Supreme Court held that a provision in a town charter forbidding any person from doing a certain act, fixing the amount of fine, and prescribing the penalty, was a complete enactment of itself ; that an or- dinance to tlie same effect was void, and tliat a party could be prosecuted only under the charter, and not under the or- dinance. In view of the general authority given in the same charter to make all ordinances necessa...ry to carry into effect the powers granted in the cliarter, the correctness of tiiis decision may admit of fair debate, although it is undoubtedly true that no ordinance is necessary where the prohibition in the charter is complete, the penalty fixed, and the remedy pre- scribed. Ashton V. Ellsworth, 48 lU. 299.
§ 308. ] MUNICIPAL ORDINANCES OR BY-LAWS.
323 the force, in favor of the municipality and against persons bound thereby, of laws passed by the legislature of the state. ^ A penalty 1 Heland r.


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