THE QUESTION OF JURISDICTION.
The constitution of the State of Illinois contains almost all the provisions which are embraced in the constitution of the United States. This court had settled, he believed, the question of jurisdiction as far as the first ten amendments are concerned, and also, he thought, under the fourteenth amendment. The only clause of the latter which could figure here was that “no State shall deprive any person of life, liberty, or property without due process of law.” Whatever affects liberty and life is made by this clause to affect also property. If the court has jurisdiction of this case under this provision of the amendment then every State question relating to property, such as special assessments, the condemnation of property, etc., might be brought to this court for review.
The Chief Justice—“Because they take property without valuation by a jury.”
Mr. Grinnell—“Yes, your honor, in some cases they do, especially in the matter of drainage, where the proceedings may be before a justice of the peace.”