Union Cemetery Assn v. Cooper

Relator, who is a member of the Belleville Fire Department sought and obtained a writ of mandamus from the circuit court of St. Clair County requiring the defendants, members of the city council of the city of Belleville, to adopt an ordinance providing for an election of officers in the fire department of the city of Belleville, and also directing the city treasurer to pay to the fire department treasurer the money collected from the levy of a tax on gross receipts of fire insurance sold within the city, pursuant to sections 38-1, 38-2 of the Revised Cities and Villages Act. (Ill. Rev. Stat. 1959, chap. 24, pars. 38-1, 38-2). Defendants appeal from the judgment ordering the issuance of the writ of mandamus. The constitutionality of a statute is involved and accordingly we assume jurisdiction.