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The People v. C.

OPINION FILED JUNE 16, 1955.

THE PEOPLE EX REL. CARL H. KRAMER, COUNTY COLLECTOR, APPELLEE,

v.

CHICAGO, ROCK ISLAND AND PACIFIC RAILROAD COMPANY, APPELLANT.



APPEAL from the County Court of Bureau County; the Hon. HOBART W. GUNNING, Judge, presiding.

MR. CHIEF JUSTICE BRISTOW DELIVERED THE OPINION OF THE COURT:

Rehearing denied September 19, 1955.

This is an appeal from a judgment of the county court of Bureau County overruling objections to taxes extended for the year 1951 for educational purposes of School District No. 175 and School District No. 502.

Appellant contends that the rate of $0.589 extended in District No. 175 was excessive to the extent of $0.10, amounting to $1,521.08, and the rate of $0.683 extended for District No. 502 was excessive to the extent of $0.25, amounting to $4008.64.

The only question involved is whether the forms of the two ballots were sufficient under the School Law in elections which were held in each district for the purpose of increasing the statutory rate.

The election was held on April 4, 1951, in District No. 175, and the form of the ballot used was as follows:

---------------------------------------------------------------- | Shall the Board of Directors of School District | | | | No. 175, Bureau County, Illinois, be authorized | YES | | | to levy an annual tax of seventy-five | | | | cents (75¢) for educational purposes on each |-----|-----| | one hundred dollars of full fair cash value of | | | | all taxable property including railroads in said | NO | | | district? | | | ----------------------------------------------------------------

The election was held on June 30, 1951, in District No. 502 and the form of the ballot used was as follows:

---------------------------------------------------------------- | Shall the maximum tax rate for the educational | | | | fund of School District No. 502, Bureau | YES | | | County, Illinois, be established at .90 |------|------| | per cent on full fair cash value of property | | | | in said district? | NO | | ----------------------------------------------------------------

It is estimated that the approximate amount of taxes extendable at the rate of .90% for education purposes will be $123,241.60 and the approximate amount extendable under the rate otherwise applicable to the next taxes to be extended without this vote and if the previous rate of .90% voted on May 13, A.D. 1947 is invalidated, would be $58,882.10.

On March 28, 1951, the School Code was amended by adding thereto section 17-5.1, which reads as follows:

"§ 17-5.1. Notwithstanding any provisions of this Article and in addition to the methods provided in this Article for increasing the tax levy, any school board may until September 1, 1951, increase its existing tax rate for educational purposes to not more than 1.125% in any district, village or city maintaining grades 1 to 8, inclusive, and to not more than 1.00% in any district, village or city maintaining grades 9 to 12, each inclusive, and to not more than 1.775% in any district, village or city maintaining grades 1 to 12, each inclusive, if

(a) such district, village or city has a population of less than 500,000 inhabitants, and

(b) if such board shall by proper resolution of two-thirds of its members stating the per cent so desired, cause a proposition for an assent to such increase to be submitted to the voters of such district, village or city at a general ...


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