Discussion of the Common Law

1. Discussion of the Common Law

2. Phoeve. V. Jay1 Ill. 268 What is ment by the term “constitution” as applied to government? It is the form of government instituted by the people in their sovereign capacity, in which first principles and fundamental law are established. The constitution is the supreme, permanent and fixed will of the people in their original, unlimited and sovereign capacity, and in it are determined the condition, rights and duties of every individual of the community.

3. Phoeve. V. Jay1 Ill. 268 From the decrees of the constitution there can be no appeal, for it emanates from the highest source of power, the sovereign people. Whatever condition is assigned to any portion of the people by the constitution, is irrevocably fixed, however unjust in principle it may be. The constitution can establish no tribunal with power to abolish that which gave and continues such tribunal in existence. But a legislative act is the will of the legislature, in a derivative and subordinate capacity. The constitution is their commission, and they must act within the pale of their authority, and all their acts, contrary or in violation of the constitutional charter, are void. An act of the legislature is different, and if it contravenes the constitution, no repetition of it can render it valid.

4. Bullock v. Geomble45 Ill. 218 By the phrase “the law of the land, has always been held to be by due process of the common law; so that this clause in effect affirms the right of trial according to the process and proceedings of the common law.” 3 Story on Const. 661

5. The People ex rel. v. McRoberts62 Ill. 38 A constitution must be expounded in its plain and obvious meaning. It is an instrument, the truest exposition of which is that which best harmonizes with its design and object. As has been said by Judge Story: “Constitutions are of a practical nature, founded on the common business of life, designed for common use, and fitted for common understandings. The people make them, the people adopt them, and the people must be supposed to read them with the help of common sense.”

6. The People ex rel. v. McRoberts62 Ill. 38 The prime object of a Bill of Rights is, to place the life, liberty, and property of the citizen beyond the control of legislation, and to prevent either legislatures or courts from any interference with or deprivation of the rights therein declared and guarantied, except upon certain conditions. It would be the merest delusion to declare a subsisting right as essential to the acquisition and protection of property, and make its enjoyment dependent upon legislative will or judicial interpretation. Such absurdity can not be ascribed to the framers of the instrument. Neither can the constitution be regarded as a plaything; to be made the sport of any department of the government; to be annulled by non-action, or to be operative at the mere pleasure of those who are bound to obey and respect it; but it is a solemn instrument emanating from the people, declaratory of rights and restraining in its operation, and which can only be abrogated by the sovereignty which created it.

7. Hale v. Henkel, 240 U.S. 43, 74 The individual may stand upon his constitutional rights as a citizen.  He is entitled to carry on his private business in his own way.  His power to contract is unlimited.  He owes no duty to the State or to his neighbor to divulge his business, or to open his doors to an investigation, so far as it may tend to incriminate him.  He owes no such duty to the State, since he receives nothing therefrom, beyond the protection of his life and property.  His rights are such as existed by the law of the land long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution.  Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law.  He owes nothing to the public so long as he does not trespass upon their rights. Hale v. Henkel, 240 U.S. 43, 74

8. COMMON LAWUn-commonly good Generally, the term "common law" designates all that part of the positive law, juristic theory, and ancient custom which is of general and universal application, as distinguished from local or special laws, rules, or customs.

9. COMMON LAWUn-commonly good The term "common law" has been used in different senses. In its widest sense, the term may designate all that part of the positive law, juristic theory, and ancient custom of any state or nation which is of general and universal application, as distinguished from local or special laws, rules, or customs. As concerns its force and authority in the United States, the phrase designates that portion of the common law of England, including such acts of Parliament as where applicable, which had been adopted and was in force here at the time of the revolution. This, so far as it has not since been expressly abrogated, is recognized as an organic part of the jurisprudence of most of the United States.

10. COMMON LAWUn-commonly good The common law is one of the forms of municipal law. It is a beautiful system, containing the wisdom and experience of ages; like the people it ruled and protected, it was simple and crude in its infancy, and became enlarged, improved, and polished, as the nation advanced in civilization, virtue, and intelligence. However, little of the common law can be traced to its sources except that which was adopted from the custom of merchants. The common law is a system of elementary rules and of general judicial declarations of principles, which are continually expanding with the progress of society, adapting themselves to the gradual changes of trade, commerce, arts, inventions, and the exigencies and usages of the country, and it has established itself in the history of jurisprudence because of its flexibility in its recognition of, and adaptation to, changing times and mores.

11. COMMON LAWUn-commonly good The term common law is frequently used in opposition or contradistinction to the written or statute law. In this sense, common law includes those principles, usages, and rules of action, applicable to the government and security of persons and property, which do not rest for their authority on any express and positive declarations of the will of legislative bodies. By this, it is axiomatic that common law cannot exist in the presence of statutory law, and vice a versa. MM

12. COMMON LAWUn-commonly good Law merchant as part of common law. The law merchant at first was not judicially noticed by the common-law courts, but proof was required to show what it was when they would recognize and enforce it. Soon, however, it began to insinuate itself into the common law, by the courts taking judicial notice of it, until its fibres became so intimately interwoven with the body of common law itself that a line of demarcation between the two could not be drawn, and finally it, or at least that portion of it which was of universal application throughout the realm, became absorbed by, and really constituted a part of, the common law.

13. COMMON LAWUn-commonly good Evidence. Judicial decisions of common-law courts are the most authoritative evidence of what constitutes the common law. While it has been stated that the acts of Parliament and the judicial decisions handed down prior to the fourth year of James the First must be looked to for evidence of what the common law is, it has also been declared that a common-law rule or doctrine may be established by reference to cases decided in England after the fourth year of James the First if the principle is clearly established and applicable to the situation to which it is sought to be applied.

14. COMMON LAWUn-commonly good The common law of England, so far as applicable and of a general nature, is in full force in Illinois until repealed by legislative authority. There is no national common law operative as such throughout the United States, and the adoption and application of the common law were matters left to the several states for determination.

15. COMMON LAWUn-commonly good This statute, without the exceptions, was passed by the general convention of the Colony of Virginia, May, 1776, and in its present form was carried into the legislature of the Indiana Territory by the Act of September 7, 1807, was in force in the territory of Illinois and was reenacted by the first state legislature by Act of February 4, 1819, and has been retained in the same form in succeeding revisions. The statute is declaratory of what was the law by which the inhabitants of the territory now constituting the State of Illinois were governed, and of the rights, privileges, and immunities to which they were entitled ever since Anglo-Saxon civilization first obtained a foothold in it.

16. COMMON LAWUn-commonly good As a result of the Act, the great body of the English common law became, so far as applicable, in force in this state, and remains in force except so far as it has been modified or repealed by statute, or changed or modified by custom as found in decisions of our courts. The common law, when applicable, is as much a part of the law of the state, where it has not been expressly abrogated by statute, as the statutes themselves. In other words, Illinois is a common law state.

17. COMMON LAWUn-commonly good Basis or part of Illinois law Common law in England is basis of law of Illinois. Mudge v. Mitchell Hutchins & Co., 1944, 54 N.E.2d 708, 322 Ill.App. 409. Laws of Illinois include Constitution, statutes, and rules applied in administration of justice as construed and applied by court of last resort in Illinois, as well as common law. Kinross v. Cooper, 1922, 224 Ill.App. 111.

18. COMMON LAWUn-commonly good In addition, other maxims and principles have been applied, such as ignorance of the law excuses no one, and everyone of sound and pure mind is bound at his peril to take knowledge of both the common and statute law; the law only favors the vigilant; the law abhors forfeitures and will show them no mercy or favor; persons must so use their own property and so exercise their own privileges that they do not thereby destroy or peril the rights of others; the law does not permit a person to do indirectly what he cannot do directly; and the law does not require the performance of a useless act.

19. COMMON LAWUn-commonly good Definitions. The General Assembly has the power to make a reasonable definition of the terms used in an act, even though such definitions do not correspond with those contained in other acts. Statutory definitions control in the construction of the terms in an act, and the common-law definitions of those terms must yield to the statutory definitions.

20. COMMON LAWUn-commonly good Persons A statute providing that in the construction of statutes the word "person" or "persons," as well as all words referring to or importing "persons," may be applied to bodies politic and corporate as well as individuals does not authorize a construction of a statute containing words importing a corporation as applying to a natural person.Goddard v. Chicago & N.W. Ry. Co., 104 Ill. App. 526, 1902 WL 2225 (2d Dist. 1902), aff'd, 202 Ill. 362, 66 N.E. 1066 (1903) (construing a prior version of 5 ILCS 70/1.05).

21. COMMON LAWUn-commonly good Words defined The words in a statute may be defined by common usage, by previous judicial construction, as well as by statutory definition, to render the statute certain.—People v. Williams, 79 Ill. App. 2d 56, 222 N.E.2d 915 (2d Dist. 1967).

22. Are these statutes “certain”? The term "natural person" or "natural persons," used in the Banking Act (ch. 16 1/2 , ¶101 et seq.), extends to and applies to "bodies politic" and "corporate." Fidelity Inv. Assn. v. Emmerson, 1924, 235 Ill.App. 518, reversed on other grounds 318 Ill. 548, 149 N.E. 530. (5 ILCS 70/1.14) (from Ch. 1, par. 1015) Sec. 1.14. "State," when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. (Source: Laws 1945, p. 1717.) § 1.14. "State," when applied to different parts of the United States, may be construed to include the District of Columbia and the several territories, and the words "United States" may be construed to include the said district and territories. (625 ILCS 5/1‑173) (from Ch. 95 1/2, par. 1‑173) Sec. 1‑173. Resident. (a) Every natural person who resides in this state shall be deemed a resident of this State. (b) In the case of a firm, copartnership or association, if the principal place of business of such firm, copartnership or association is located in the State of Illinois, then such firm, copartnership or association shall be deemed a resident of the State of Illinois. (c) In the case of a corporation, if the corporation was incorporated under the laws of the State of Illinois or if the principal place of business of such corporation is in the State of Illinois, then such corporation shall be deemed a resident of the State of Illinois. (Source: P.A. 76‑1586.) (625 ILCS 5/1‑159) (from Ch. 95 1/2, par. 1‑159) Sec. 1‑159. Person. Every natural person, firm, copartnership, association or corporation. (Source: P.A. 76‑1586.) (625 ILCS 5/1‑195) (from Ch. 95 1/2, par. 1‑195) Sec. 1‑195. State. A state, territory or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico or a province of the Dominion of Canada. (Source: P.A. 76‑1586.)

23. COMMON LAWUn-commonly good Construction as including or binding sovereign The rights of the sovereign are never impaired by a general legislative enactment unless such an intent is expressly declared in the statute, and the words of a statute applying to private rights do not affect the rights of the state. The state is not bound by or included in any act of the General Assembly unless expressly named or necessarily implied to give effect to the act, although the rule that general legislative enactments are not applicable to the state is not violated when the state is made subject to the provisions thereof by reason of the expressed intention of the General Assembly to make it subject thereto. In common usage the word "person" does not include the sovereign, and statutes employing the word are generally construed to exclude the sovereign, although the purpose, subject matter, context, legislative history, and executive interpretation of a statute are aids to construction which may indicate an intent, by the use of the term "person," to bring the state or nation within the scope of the statute. According to the Statute on Statutes, the words "person" or "persons," as well as all words referring to or importing persons, may extend and be applied to bodies politic and corporate as well as individuals.[

24. The joy of Citizenship vs. the bane of citizenship Citizenship - Are you a natural born Citizen, or a naturalized Person that is now a citizen? (Note the capitalization of "C" in Citizen) MM No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. U.S.C. Article II, Sect. 1 No person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen. U.S.C. Article I, Sect. 3 No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen. U.S.C. Article I, Sect. 2 Clearly, United States, when used pre-14th Amendment, embraces the several States, when one must be a Resident (otherwise to reside) WITHIN the United States. MM

25. The joy of Citizenship vs. the bane of citizenship • In review of the three articles above, Citizenship pertains to one's rights in relationship to the United, or "several" states, and "Inhabitant" pertains to one's relationship to the individual or particular "State". People inhabit States, and ARE Citizens of the United States, meaning they enjoy their Inhabitant status among any State they may live within. • The President has to be naturally born, or made so through a political process, a Citizen of the United States, and must live within the several states for 14 years. • Representatives and Senators have to be Citizens, of either natural or political origination, and NOT inhabit a particular State from which they are chosen. • All aforementioned Citizens are "CAPITALIZED".

26. Jefferson knew….. I regret that I am now to die in the belief that the useless sacrifice of themselves by the generation of 1776, to acquire self-government and happiness to their country, is to be thrown away by the unwise and unworthy passions of their sons, and that my only consolation is to be that I live not to weep over it. If they would but dispassionately weigh the blessings they will throw away against an abstract principle more likely to be effected by union than by scission, they would pause before they would perpetrate this act of suicide on themselves, and of treason against the hopes of the world. To yourself, as the faithful advocate of the Union, I tender the offering of my high esteem and respect. Source: Memoirs, Correspondence, and Private Papers of Thomas Jefferson, vol. 4, Thomas Jefferson Randolph, ed., 1829, pp. 323-333.

27. The superfluous, nefarious, 14th Amendment All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States (ALREADY ADDRESSED IN ARTICLE IV, SECT. 2 The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.); nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. U.S.C.A. Const. Amend. XIV

28. Now, comes the 14th Amendment.All persons born or naturalized in the United States.... Note the absence of "natural born" or "naturally born". Now, you are just born, OR naturalized.... but done so IN the United States. Before, you had to be WITHIN the United States (several States). Now, you are born IN, as in a place, as in federal jurisdiction. The amendment doesn't read, "...born within the United States...", you are born IN the United States, a real or perceived federal jurisdiction under exclusive control of Congress. Corporations are born, persons are naturalized. Some statutes refer to "natural person". I wonder, now, if a natural person is not so much a human being, but natural in the sense that a 14th amendment political persona that has been "naturalized", is now considered to be a "natural person" for the purposes of law and the equal protection clause of the 14th amendment. The term "natural person" or "natural persons," used in the Banking Act (ch. 16 1/2 , ¶101 et seq.), extends to and applies to "bodies politic" and "corporate." Fidelity Inv. Assn. v. Emmerson, 1924, 235 Ill.App. 518, reversed on other grounds 318 Ill. 548, 149 N.E. 530. Aside from being born or naturalized, such persons must be, "...AND subject to the jurisdiction thereof..." There is no NATIONAL jurisdiction. There are only two kinds of jurisdiction; personal (in personam) and subject matter. Congress has exclusive legislative jurisdiction over all territories, possessions (insular and geographical), and enclaves. Subject matter jurisdiction is limited to federal questions, or issues arising from the Constitution. What is it then, that makes one "subject" to the jurisdiction of the United States, a singular entity and not a geo-political association of individual states, that thereby constitutes in personam jurisdiction? I believe it is one's own averment arising from a presumption, ignorance, or one seeking federal benefits, privileges and immunities. The 14th Amendment created subjects. Prior to that, Citizens were not subject to anything, as they were sovereign, possessing "popular sovereignty". Now, with the advent of the 14 Amendment, the aforementioned Citizens of the United States as referenced in Articles I and II, are now subordinate subjects as in citizens of the United States. The C in Citizen and the U and S in United States were all CAPITALIZED to indicate equal footing between each respectively. Now, citizen is lower case and U and S in United States are CAPITALIZED. The citizen is subject to the United States.

29. …AND subject to the jurisdiciton thereof… This section contemplates two sources of citizenship, and two sources only: birth and naturalization. The persons declared to be citizens are ‘all persons born or naturalized in the United States, and subject to the jurisdiction thereof.’ The evident meaning of these last words is, not merely subject in some respect or degree to the jurisdiction of the United States, but completely subject to their political jurisdiction, and owing them direct and immediate allegiance. Elk v. Wilkins112 U.S. 94, 5 S.Ct. 41U.S. 1884

30. Where did your Citizenship go? But an emigrant from any foreign state cannot become a citizen of the United States without a formal renunciation of his old allegiance, and an acceptance by the United States of that renunciation through such form of naturalization as may be required law. Elk v. Wilkins112 U.S. 94, 5 S.Ct. 41U.S. 1884

31. But my state protects my rights and Citizenship, right? Americans have unknowingly joined a modern feudal system in which they must render a percentage of their toil to their federal master. As long as they stay (even unawaredly) in that system, their constitutional rights remain waived. The non-federal state Citizenship became virtually unknown as millions of state Americans were tricked out of their sovereignty and into federal citizenship—and thus into federal jurisdiction. Today, the states have been all but replaced by corporate, federal overlays (e.g., “State of… “—see Title 4 USC Sects. 105-110). From the book Hologram of Liberty, 6/8, Kenneth W. Royce (a.k.a. Boston T. Party)

32. State of….confusion • (a) No person shall be relieved from liability for payment of, collection of, or accounting for any sales or use tax levied by any State, or by any duly constituted taxing authority therein, having jurisdiction to levy such a tax, on the ground that the sale or use, with respect to which such tax is levied, occurred in whole or in part within a Federal area; and such State or taxing authority shall have full jurisdiction and power to levy and collect any such tax in any Federal area within such State to the same extent and with the same effect as though such area was not a Federal area. • (b) The provisions of subsection (a) shall be applicable only with respect to sales or purchases made, receipts from sales received, or storage or use occurring, after December 31, 1940. • TITLE 4 > CHAPTER 4 > § 105

33. State of….confusion • As used in sections 105–109 of this title— • (a) The term “person” shall have the meaning assigned to it in section 3797 of title 26. • (b) The term “sales or use tax” means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisions of section 104 of this title are applicable. • (c) The term “income tax” means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts. • (d) The term “State” includes any Territory or possession of the United States. State of Illinois, for example MM • (e) The term “Federal area” means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency, of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State. • TITLE 4 > CHAPTER 4 > § 110

34. Not only are you what you eat…you are what you say. Americans who became “U.S. citizens” have transposed themselves from one system into another fundamentally different from the first. They did this by declaring themselves (on applications, voter cards, tax forms, etc.) to be a “U.S. citizen” or a “citizen of the United States.” (These terms were not prevalent on forms and paperwork until after WWII.) From the book Hologram of Liberty, 6/8, Kenneth W. Royce (a.k.a. Boston T. Party)

35. Government Rationale: Police Power The curse of the Krispy Kreme diet.

36. Municipal Police Power in General The state possesses the entire police power, defined as the attribute of sovereignty in every government by which that government may protect lives, health, morals, and general welfare. Chicago National League Ball Club, Inc. v. Thompson, 108 Ill.2d 357, 483 N.E.2d 1245, 91 Ill.Dec. 610 (1985); Sherman-Reynolds, Inc. v. Mahin, 47 Ill.2d 323, 265 N.E.2d 640 (1970).

37. Curse of the village people Cities and villages are created to care for the general health, safety, welfare, and morals of their citizenry. However, if a municipality desires to legislate in order to meet these objectives, specific authority under the Illinois Municipal Code is indispensable; the municipality cannot act under its police power alone. The police power must be coupled with a less general and more specific power granted by the state legislature. City of Des Plaines v. Gacs, 65 Ill.App.3d 44, 382 N.E.2d 402, 22 Ill.Dec. 82 (1st Dist. 1978); Rocking H. Stables, Inc. v. Village of Norridge, 106 Ill.App.2d 179, 245 N.E.2d 601 (1st Dist. 1969); Good Humor Corp. v. Village of Mundelein, 33 Ill.2d 252, 211 N.E.2d 269 (1965); Schuringa v. City of Chicago, 30 Ill.2d 504, 198 N.E.2d 326 (1964); Father Basil’s Lodge, Inc. v. City of Chicago, 393 Ill. 246, 65 N.E.2d 805 (1946). For example, as of this writing, most Illinois municipalities (necessarily excluding home rule units, which have greater power) have the power to license dogs but have no such authority to license cats. Code §11-20-9.

38. Municipal CorporationsA primer. A “municipal corporation” has been defined as a public corporation created by government for political purposes and having subordinate and local powers of legislation. People ex rel. Mortell v. Bergman, 253 Ill. 469, 97 N.E. 695 (1912); BLACK’S LAW DICTIONARY, p. 1042 (8th ed. 2004). As they exist today, these public corporations can be compared with private corporations. Just as private corporations have a charter under which they are organized, so, too, municipalities have a “charter” in the sense that they are organized under the general law as it exists in the Illinois Municipal Code (Code), 65 ILCS 5/1-1-1, et seq. Just as shareholders control the operations of a private corporation by ratifying a charter and electing a board of directors, the citizens comprising the electorate control the workings of the public corporation by opting to form either a city or a village under one of the forms provided in the Code and by electing officials (city council or village board), who in turn carry on the business (government) and affairs of the city or village by passing and adopting ordinances (akin to bylaws passed by the board of directors of a private corporation). “Today, this can appear to be nothing more than political sado-masochism.” MM

39. Check your ticket. You may be a winner! All actions brought to enforce any fine, imprisonment, penalty, or forfeiture under any ordinance must be brought in the corporate name of the municipality as plaintiff. IllinoisMunicipal Code §1-2-7. The failure to bring the action in the name of the correct plaintiff (as when an ordinance violation is brought in the name “People of the State of Illinois”) is a substantial defect that makes the judgment of the trial court a nullity. People v. Rowe, 9 Ill.App.3d 460, 292 N.E.2d 432 (1st Dist. 1972). But see People v. Wiatr, 119 Ill.App.3d 468, 456 N.E.2d 686, 75 Ill.Dec. 3 (2d Dist. 1983).

40. Looks like due process, smells like due process, but is it due process? The pleadings in municipal ordinance prosecutions need not be drawn with the precision of a criminal indictment or information. Lawrence, supra. Consequently, it is adequate if the complaint gives the date and place of the offense, gives the name of the complainant police officer or municipal officer or agent, and adequately notifies the defendant of the charge and of the municipal ordinance that was allegedly violated, particularly if the defendant is aware of the facts that prompted the prosecution. City of Chicago v. Brown, 61 Ill.App.3d 266, 377 N.E.2d 1031, 18 Ill.Dec. 395 (1st Dist. 1978). All that is needed is the appearance of fairness and due process. For sale, one dog and pony.MM A defendant who needs more specific information can move for more specific statements of the charge; a defendant who does not do so has no basis for claiming on review that the complaint is not specific enough.City of Chicago v. Joyce, 38 Ill.2d 368, 232 N.E.2d 289 (1967); People v. Stout, 41 Ill.2d 292, 242 N.E.2d 264 (1968); City of Chicago v. Otten, 133 Ill.App.2d 57, 272 N.E.2d 844 (1st Dist. 1971). This can be done either orally, or by bill of particulars. MM

41. Make ‘em work for it. Since an ordinance violation proceeding is civil in form, the defendant is entitled to demand a trial by a jury. 735 ILCS 5/2-1105. After the jury has found the defendant guilty of the violation of a municipal ordinance, the jury alone — not the trial judge — can determine the amount of the penalty. Village of Algonquin v. Berg, 120 Ill.App.2d 184, 256 N.E.2d 373 (2d Dist. 1970). Is this not enough incentive for EVERYONE to DEMAND a jury trial? MM Discovery in ordinance violation cases for which the only penalty is a fine is regulated by S.Ct. Rule 201(h), which commits to the discretion of the trial court the extent, if any, to which the discovery provisions of the Supreme Court Rules may be invoked. It should be noted, however, that the constitutional guaranty against self-incrimination may be invoked in an ordinance violation prosecution. City of Chicago v. Lord, 3 Ill.App.2d 410, 122 N.E.2d 439 (1st Dist. 1954), aff’d, 7 Ill.2d 379 (1955).

42. Make ‘em work for it. In City of Chicago v. Reid, 95 Ill.App.2d 313, 237 N.E.2d 739 (1st Dist. 1968), it was held that when a defendant who was charged with municipal building code violations elected to waive filing an answer, he thereby admitted the allegations of the municipality’s complaint. Silence is equated with acquiescence. If charged, an answer must be filed. MM The municipality has the burden of proof to establish the violation of the municipal ordinance by a clear preponderance of the evidence. City of Chicago v. Abdullah, 76 Ill.App.3d 325, 395 N.E.2d 50, 32 Ill.Dec. 103 (1st Dist. 1979). Proof beyond a reasonable doubt is not required. This is the standard of proof used in civil cases. MM A defendant who challenges the validity of the ordinance must establish by clear and affirmative evidence that the ordinance, as applied to him, is palpably arbitrary, capricious, and unreasonable and bears no rational relationship to the health and safety of the community. If there is any room for a legitimate difference of opinion concerning the reasonableness of the ordinance, the legislative judgment of the municipality must prevail. Schuringa v. City of Chicago, 30 Ill.2d 504, 198 N.E.2d 326 (1964). So, this is the benefit of being an ‘elector” in a municipal corporation! MM

43. Judges suck.Juries rule! The first process in an action for violation of a municipal ordinance is a summons or warrant. Code §1-2-9. Before the issuance of a summons or warrant, many municipalities issue a notice of the ordinance violation in an effort to collect the fine or penalty without resorting to judicial process.A notice of this kind is not the commencement of court action. Village of Mundelein v. Ollivier, 93 Ill.App.3d 324, 417 N.E.2d 180, 48 Ill.Dec. 778 (2d Dist. 1981). The prosecution of municipal ordinance violations is hybrid in nature.City of Danville v. Clark, 63 Ill.2d 408, 348 N.E.2d 844 (1976).The proceeding is not strictly or exclusively civil or criminal but resembles both in some respects.Village of Maywood v. Houston, 10 Ill.2d 117, 139 N.E.2d 233 (1956).For this reason, problems in this area cannot be solved by a mere labeling process, and the court decisions (in Illinois and elsewhere) do not always have apparent logical consistency. What kills me is, they have the guts to admit this! MM

44. A horse is a horse, of course, of course,And no one can talk to a horse of courseThat is, of course, unless the law assumes the form of both criminal and civil, confusing even Mr. Ed. An ordinance prosecution proceeding is often characterized as civil in form but quasicriminal in character. City of Danville v. Hartshorn, 53 Ill.2d 399, 292 N.E.2d 382 (1973); City of Chicago v. Lawrence, 42 Ill.2d 461, 248 N.E.2d 71 (1969); City of Decatur v. Chasteen, 19 Ill.2d 204, 166 N.E.2d 29 (1960). Consequently, an action to recover a penalty for violation of a municipal ordinance (though quasi-criminal in character) is civil in form and is ordinarily termed a civil action (and not a criminal proceeding). Johnston v. City of Bloomington, 77 Ill.2d 108, 395 N.E.2d 549, 32 Ill.Dec. 319 (1979). It is, therefore, tried and reviewed as a civil proceeding. City of Champaign v. Elliott, 73 Ill.App.3d 373, 391 N.E.2d 1099, 29 Ill.Dec. 416 (4th Dist. 1979).

45. Collinsville Business License Ordinance All I wanted was permission to do what I already had a right to do…..is that so wrong?

46. Mind Your Business

47. Mind Your Business 2

48. Business License Defs.

49. Bye, bye motor vehicle code.

50. Shaking the license stigma. December 22, 2004 Name your favorite bureaucrat here City of some oppression 123 South Center Street Collinsville, IL 62234 Re: Business License Renewal Dear ill-informed bureaucrat, I am in receipt of the City’s notice for renewal of my business license. Since my initial application for the business license I have come to understand that the city does not have the authority to compel my conscription in procuring a license to engage in an occupation of common right. My original application for the license was made out of ignorance of the law and based solely on inconclusive propaganda disseminated by the city as to who the licensing ordinance applies. Therefore, I will decline in renewing the above referenced business license as well as rescind my original license application which was tendered in error.