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eBook details

• Title: People v. Pennsylvania R.R. Co.
• Author : Supreme Court of Illinois
• Release Date : January 31, 1960
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 65 KB

Description

Appellant, the Pennsylvania Railroad Company, appeals from a judgment of the county court of Cumberland County overruling its objection to the 1957 tax levied for educational purposes by Community Unit School District No. C-1, a district of less than 500,000 population and one which maintains grades 1 to 12, inclusive. The sole issue is whether, in 1957, the levy of a community unit district was governed by section 17-2 of the School Code, which permitted a maximum rate of 1.25 per cent for educational purposes, (Ill. Rev. Stat. 1957, chap. 122, par. 17-2,) or by section 8-13 of the Code which authorized a maximum rate of only 1.00 per cent (Ill. Rev. Stat. 1957, chap. 122, par. 8-13.) The district in this case extended its tax at a rate of 1.25 per cent and it is the appellant's contention that the rate was excessive by .25 per cent. District No. C-1, embracing territory in Clumberland, Clark, Jasper, and Crawford counties, was organized as a community unit district in 1948 pursuant to the provisions of sections 8-9 to 8-14, inclusive, of the School Code. (Ill. Rev. Stat. 1947, chap. 122, pars. 8-9 to 8-14.) Except for minor changes of no significance to the present problem, section 8-13, as it existed from 1948 to and including the time District No. C-1 levied its 1957 educational tax, extended taxing authority to community unit districts as follows: "The board of education may levy a tax annually upon all the property of the district not to exceed, except as provided in Sections 8-9, 17-3, 17-4 and 17-5 of this Act, one per cent for educational purposes and .25 per cent for building purposes and the purchase of school grounds, upon full, fair cash value, as equalized or assessed by the Department of Revenue. Such rates may thereafter be increased or decreased in the same manner and within the same limit provided by Article 17 of this Act." Ill. Rev. Stat. 1957, chap. 122, par. 8-13.

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