{
  "id": 3080343,
  "name": "The Lake Shore and Michigan Southern Railway Company et al. v. City of Chicago",
  "name_abbreviation": "Lake Shore & Michigan Southern Railway Co. v. City of Chicago",
  "decision_date": "1893-01-19",
  "docket_number": "",
  "first_page": "391",
  "last_page": "392",
  "citations": [
    {
      "type": "official",
      "cite": "144 Ill. 391"
    }
  ],
  "court": {
    "name_abbreviation": "Ill.",
    "id": 8772,
    "name": "Illinois Supreme Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [
    {
      "cite": "56 Ill. 354",
      "category": "reporters:state",
      "reporter": "Ill.",
      "case_ids": [
        817772
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ill/56/0354-01"
      ]
    }
  ],
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  "last_updated": "2023-07-14T16:33:40.770492+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The Lake Shore and Michigan Southern Railway Company et al. v. City of Chicago."
    ],
    "opinions": [
      {
        "text": "Mr. Justice Scholfield\ndelivered the opinion of the Court:\nThis appeal is from a judgment of the County Court of Cook county confirming an assessment for a system of sewers in Sixty-seventh street, Madison avenue and Seventieth street, in the city of Chicago, and for a pumping station in connection with said system of sewers and for an outlet from said pumping station into Lake Michigan.\nIt is, among other things, provided in the ordinances under and by virtue of which this assessment is made, that \u201c for all rock excavation, in addition to his price per foot of sewer, the contractor is to receive a compensation of-dollars per cubic yard,\u201d and this blank is nowhere else filled. And again: \u201c The commissioner of public works reserves the right to-make any changes in the foregoing plans and 'specifications that the said commissioner may deem desirable or necessary, and the contractor shall furnish any additional materials or do any additional work required by such changes at the rate said department shall determine to be just.\u201d\nIt is enough to say these provisions are condemned in Foss v. City of Chicago, 56 Ill. 354; Wright v. City of Chicago, 60 id. 312; U. B. Ass\u2019n v. Chicago, 61 id. 439; Walker v. Chicago, 62 id. 286; Village of Hyde Park v. Carton, 132 id. 100. And it is unnecessary to repeat their reasoning.\nIn another ordinance \u201cthe commissioner reserves the right to reject any proposals at his discretion,\u201d which seems to be directly in the teeth of section 50, chapter 24, Be vised Statutes, 1874.\nThe judgment is reversed and the cause is remanded with directions to the court below to enter judgment refusing to confirm the assessment.\nJudgment reversed.",
        "type": "majority",
        "author": "Mr. Justice Scholfield"
      }
    ],
    "attorneys": [
      "Mr. Albert H. Meads, Mr. Pliny B. Smith and Messrs. Gardner & McFadon, for the appellants.",
      "Mr. John S. Miller and Mr. George A. DuPuy, for the appellee."
    ],
    "corrections": "",
    "head_matter": "The Lake Shore and Michigan Southern Railway Company et al. v. City of Chicago.\nFiled at Ottawa, January 19, 1893.\n1. Special assessment \u2014 ordinance therefor \u2014 void for uncertainty. An ordinance for making a system of sewers, etc., under which a special assessment was made, among other things, provided that, \u201c for all rock excavations, in addition to his price per foot of sewer, the contractor is to receive a compensation of \u2014\u2014 dollars per cubic yard,\u201d which blank was nowhere filled, and also that \u201c the commissioner of public works reserves the right to make any changes in the foregoing plans and specifications that the said commissioner may deem desirable or necessary, and the contractor shall furnish any additional materials, or do any additional work required by such changes at the rate said department shall determine to be just.\u201d Held, that the ordinance was invalid.\n2. Local improvement \u2014 ordinance authorizing commissioner to reject any and all bids, invalid. An ordinance for the construction of a local public improvement, which provides that the commissioner of public works reserves the right to reject any proposal, etc., of bidders for a contract to do the work, etc., at his discretion, is in conflict with section 50 of chapter 24 of the Revised Statutes, which requires all contracts for making any public improvement, when the expense thereof shall exceed $500, shall be let to the lowest responsible bidder.\nAppeal from the County Court of Cook county; the Hon. G. W. Brown, Judge, presiding.\nMr. Albert H. Meads, Mr. Pliny B. Smith and Messrs. Gardner & McFadon, for the appellants.\nMr. John S. Miller and Mr. George A. DuPuy, for the appellee."
  },
  "file_name": "0391-01",
  "first_page_order": 391,
  "last_page_order": 392
}