Briscoe v. Clark County.
| Decision Date | 12 June 1880 |
| Citation | 95 Ill. 309,1880 WL 10037 |
| Parties | ALLEN B. BRISCOEv.CLARK COUNTY. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Appellate Court for the Third District; the Hon. CHAUNCEY L. HIGBEE, presiding Justice, and Hon. O. L. DAVIS and Hon. LYMAN LACEY, Justices;--on appeal from the Circuit Court of Clark county, the Hon. O. L. DAVIS, Judge, presiding. Messrs. ROBINSON, KNAPP & SHUTT, and Messrs. WILKIN & WILKIN, for the appellant.
Mr. E. CALLAHAN, for the appellee.
Section 9 of article 10 of our present constitution relates to compensation of county officers in Cook county.
Section 10 says:
Briscoe became county clerk of Clark county on the first Monday in December, 1873. At the September term of the county board next before his term began, that board fixed the compensation of the county clerk at $1200, that of deputy at $600, and for fuel and stationery $200 per annum. Until the September term of the county board in 1875, he, as county clerk, made his semi-annual reports, showing the amount of fees collected, and showing his necessary expenses for clerk hire, stationery, fuel, etc.; the amount of these expenses exceeding every year the amount fixed therefor as above. These accounts were audited and allowed.
At that term he made a bargain with the board by which he agreed to furnish, at his own expense, certain record books, blanks and stationery, and to charge to the county no fees in criminal cases, in certain cases, and also to transact pension business free of charge, and in consideration of which the board agreed to excuse him from reporting the amount of fees collected and allow him to retain the future earnings of the office, and to furnish fuel for the office.
Two years afterward, at the July term, 1877, the board, by resolution, repudiated the contract as invalid.
At the September term, 1877, he made some fruitless attempts to present and have audited certain bills for clerk hire, stationery and fuel, and also to present semi-annual reports of receipts and expenditures from 1875 to that time. All these the board refused to receive or consider. He thereupon brought an action against the county for that part of his current expenses for clerk hire, fuel and...
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State v. Stockwell
...limit the legislature in making provision for the payment of their expenses or for the expenses of running their offices. See Briscoe v. Clark County, 95 Ill. 309; Kirkwood v. Soto, 87 Cal. 394, 25 P. No question of bad faith, either on the part of the legislature or of the defendant, arise......
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State v. Stockwell
...limit the Legislature in making provision for the payment of their expenses or for the expenses of running their offices. See Briscoe v. Clark County, 95 Ill. 309;Kirkwood v. Soto, 87 Cal. 394, 25 Pac. 488. No question of bad faith, either on the part of the Legislature or of the defendant,......
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La Salle Cnty. v. Milligan
...might be changed at any time, as, in its judgment, the exigency of the public service demanded. Cullom v. Dolloff, 94 Ill. 330;Briscoe v. Clark County, 95 Ill. 309;People v. Foster, 133 Ill. 509, 23 N. E. Rep. 615; Daggett v. Ford Co., 99 Ill. 334. While it was not in the power of the board......
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State v. Thomason
...legislative authority to provide for the expenses of such officials. Throop on Public Officers, § 442; 29 Cyc. 1427, 1429; Briscoe v. Clark Co., 95 Ill. 309, 311; State ex rel. Coffin v. County Com'rs, 19 332, 10 P. 901, 910; Kirkwood v. Soto, 87 Cal. 394, 25 P. 488; Newman v. Lester, 11 Ca......