Crumpler v. Logan County

• Decision Date: 29 September 1967
• Docket Number: No. 40435,40435
• Citation: 230 N.E.2d 211,38 Ill.2d 146
• Parties: William H. CRUMPLER et al., Appellants, v. The COUNTY OF LOGAN, Appellee.
• Court: Illinois Supreme Court

Page 211

230 N.E.2d 211

38 Ill.2d 146

William H. CRUMPLER et al., Appellants, v.The COUNTY OF LOGAN, Appellee.

No. 40435.

Supreme Court of Illinois.

Sept. 29, 1967.

Edwin C. Mills, Lincoln, for appellants.

Warren Peters, State's Atty., Lincoln, and Everett B. Johnson, Asst. State's Atty., Lincoln, for appellee.

KLUCZYNSKI, Justice.

Plaintiffs, William Crumpler, John Turner and Francis Myrick, former justices of the peace in defendantcounty of Logan, appeal from an order of the trial court granting a motion to dismiss their complaint in a suit to acquire monies to be paid under an alleged contract of employment.The jurisdiction of this court on direct appeal rests on the constitutional issue raised by plaintiffs that any statutory or constitutional denial of their rights under the alleged contract violates due process.

The facts in this case are undisputed.In September, 1960, pursuant to section 25.19--1 of the Counties Act(Ill.Rev.Stat.1961, chap. 34, par. 429.1), then in effect, granting counties authority 'To pay all necessary expenses incurred by justices of the peace in maintaining and operating an office in pursuance of their duties', the Board of Supervisors of Logan County passed a resolution which said in relevant part: 'WHEREAS, it is within the sole discretion of this Board of Supervisors to allow or pay the expenses or part of the expenses of Justices of the Peace of Logan County, Illinois * * * 1.That each Justice of the Peace elected at the election of town officers on the first Tuesday in April, 1961, and on the same day quadrennially thereafter and duly qualified in accordance with law or legally holding said officer thereafter in accordance with law shall be paid the sum of $50.00 per month for expenses in lieu of and for all office and other expenses * * *.'No question is raised as to the authority of the county to pay expenses in this manner.Subsequent thereto plaintiffs were elected justices of the peace for the term from April 1, 1961, to April 6, 1965.In June 1963, the Board of Supervisors passed a supplemental resolution authorizing reimbursement of travel expenses '* * * for each mile actually traveled within the County of Logan for the purpose of holding court * * *.'

In 1962, article VI of the Illinois constitution, S.H.A., was amended and became effective January 1, 1964.Among other changes, the amendment, known as the Judicial Article, specifically abolished all justices of the peace courts(Ill.Const., art. VI, schedule par. 5) and also provided in article VI, schedule paragraphs 4 and 4(e), that: 'Each * * * justice of the peace * * * in office on the Effective Date of this Article, shall continue to hold office until the expiration of his term, * * * justices of the peace shall be magistrates of the several circuit courts, * * *.'Additionally, section 17 of amended article VI specifies that magistrates 'shall receive for their services salaries provided by law' and 'may be paid such actual and necessary expenses as may be provided by law.All salaries and expenses shall be paid by the State, * * *.'In 1963, the amendment was implemented by legislative action as follows: 'For the remainder of his term each * * * justice of the peace who becomes a magistrate of the circuit court pursuant to paragraph 4(e) of the Schedule of Article VI of the Illinois Constitution shall be paid out of the state treasury a salary at the annual rate which immediately prior to January 1, 1964 was payable to him by the county * * * the county treasurer in the case of a justice of the peace shall on or before November 1, 1963 certify to the Auditor of Public Accounts the name and annual salary being paid to any such * * * justice of the peace.'Ill.Rev.Stat.1963, chap. 53, pars. 8.1, 8.2.

Plaintiffs received expense and reimbursement monies from the county as provided by its resolutions until January 1, 1964, the effective date of the Judicial Article.Plaintiffs thereafter, by virtue of the article, became magistrates of the circuit court for the remainder of their elected terms of office and received no further payment from defendant county for expenses and reimbursement after January 1, 1964.

On appeal, plaintiffs essentially contend that the board's passage of the resolution in 1960 was an offer or inducement to them to seek the office of justice of the peace and that their subsequent...