Holden v. People Ex Rel. Wallace.
| Decision Date | 30 September 1878 |
| Citation | 90 Ill. 434,1878 WL 10179 |
| Parties | CHARLES C. P. HOLDENv.THE PEOPLE ex rel. Wallace. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Criminal Court of Cook county; the Hon. SAMUEL M. MOORE, Judge, presiding.
This is an information in the nature of a quo warranto, instituted in the Criminal Court of Cook county, charging appellant with usurping the office of West Chicago Park Commissioner. Judgment of ouster was given against appellant, and he asks a reversal of that judgment.
It is stated in the information, that appellant was one of the West Chicago Park Commissioners, under the act of 1869 creating a board of public park commissioners for the town of West Chicago; that he was one of the first commissioners appointed under the act; that in the inauguration of the board he drew the two years term, and at the end of that term (March 1, 1871,) he was appointed as his own successor; that his second term expired by law in seven years--that is, on March 1, 1878,--and that the Governor appointed Mr. Brennock as successor to appellant, to hold that office from and after March 1, 1878; that Brennock was duly appointed, commissioned and qualified, and that after this appellant refused to surrender said office, but usurped the same.
Issues of law and of fact were formed under this information, all of which were determined against defendant, and judgment of ouster followed, and defendant appeals to this court.
Mr. C. C. BONNEY, for the appellant.
Mr. GEO. W. SMITH, and Messrs. GAULT & Low, for the appellee.
Counsel for appellant presents two questions: First, is the term of office of a West Chicago park commissioner limited to seven years; and, second, if so, does the record show that appellant is guilty of usurpation in withholding the office from a successor duly appointed and qualified.
The first question, we think, must be answered in the affirmative. It is found, on examination of the statute creating this office, that, by the second section, “seven persons, resident freeholders and qualified voters of the town of West Chicago (to be designated by the Governor), together with their successors, are constituted a corporation, by the name of ‘West Chicago Park Commissioners.’ ” The third section provides, that soon after the board shall be constituted, the members thereof shall decide, by lot among themselves, as to the respective terms for which each member shall hold his office--one to serve for seven years, from the 1st of March, 1869; one for six years, from that date; one for five years, one for four years, one for three years, one for two years, and one for one year from that date. It is also provided that all vacancies occurring in the board shall be filled by appointment by the Governor.
The eighteenth section provides for the removal of any of the commissioners by the circuit court after conviction of misdemeanor or malfeasance in office, and that a copy of such judgment of removal shall be certified by the clerk of such court to the Governor, and that “the president and secretary of the board shall certify to the Governor all other vacancies arising or occurring in the same after its organization.” The nineteenth section gives the board power to declare vacant the office of any...
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