McGann v. Simpson
| Decision Date | 19 June 1907 |
| Citation | 227 Ill. 567,81 N.E. 702 |
| Parties | McGANN et al. v. PEOPLE ex rel. SIMPSON. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Circuit Court, Cook County; G. A. Carpenter, Judge.
Mandamus by the people, on the relation of William H. Simpson, against Lawrence E. McGann and others. From a judgment awarding the writ, defendants appeal. Affirmed.
Michael F. Sullivan (James Hamilton Lewis, Corp. Counsel, William D. Barge, and Hiram T. Gilbert, of counsel), for appellants
Barker, Church & Shepard, Knight & Hoyne, and Olaf F. Severson (Frank L. Shepard and Maclay Hoyne, of counsel), for appellee.
This is an appeal from a judgment of the circuit court of Cook county awarding a writ of mandamus directed to Lawrence E. McGann, comptroller of the city of Chicago, and the city of Chicago, commanding the said comptroller to deliver to the relator a warrant drawn upon the city treasurer for the salary of the relator for the month of December, 1906, as deputy clerk of the municipal court of Chicago, then in his hands, and the city of Chicago forthwith to pay the relator the sum specified in said warrant, as ahd for his salary for the month of December, 1906. The petition averred that an act entitled ‘An act in relation to a municipal court in the city of Chicago’ (Laws 1905, p. 157) was in force in the city of Chicago; that under said act the electors of the city of Chicago, on the first Tuesday after the first Monday of November, 1906, elected 28 judges of said municipal court, also a clerk and bailiff of said court, each of whom duly qualified; that on December 3, 1906, the judges of said municipal court, by order entered of record, fixed the number, qualifications, and salary of the deputy clerks and bailiffs which were to be appointed for said municipal court; that the relator was on that day duly appointed by the clerk of said municipal court a deputy clerk of said court; that he possessed all the qualifications prescribed by law, and the order of the judges of said court as a deputy clerk, and that he had duly qualified as such deputy clerk by taking the oath of office and filing a bond, which bond had been approved; that from and after his appointment and qualification he entered upon the discharge of his duties as such deputy clerk and performed such services up to and including the 31st day of December; that upon that day the clerk of said municipal court filed with the comptroller of the city of Chicago a verified pay roll of his office, showing thereon the name, service, and office of the relator, together with the amount due him as his salary for the month of December, 1906, and a warrant was drawn upon the city treasurer, payable to the relator, for said sum so due him for salary as such deputy clerk, which warrant was signed by the mayor of the city of Chicago and countersigned by the comptroller of said city, but that the said comptroller refused to deliver said warrant to the relator, alleging as a reason for such refusal that the relator had not been appointed to the office of deputy clerk of said municipal court in accordance with the provisions of an action entitled ‘An act to regulate the civil service of cities,’ approved March 20, 1895 (Hurd's Rev. St. 1905, p. 393), and in force in the city of Chicago. The relator admitted in the petition that said civil service act was in force in the city of Chicago and that he was not appointed to the office of deputy clerk...
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City of Chicago v. Cotton
...it is the duty of this court to give effect to such intention though evil consequences may result"); McGann v. People ex rel. Simpson, 227 Ill. 567, 570, 81 N.E. 702, 703 (1907) ("The courts cannot disregard the plain language of a statute, and it is their duty to accept it as they find it ......
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People ex rel. Coleman v. Lipsky
...did not affect the City Election Act, nor the status of the employees of the election commissioners. On the other hand, in McGann v. People, 227 Ill. 567, 81 N.E. 702, wherein it was sought to compel the Clerk of the Municipal Court of Chicago to appoint his deputies in accordance with the ......
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Richter v. Burdock
...courts treating the municipal court, and the act under which it was organized, as valid. We mention only a few: In McGann v. People, 227 Ill. 567, 81 N. E. 702, a mandamus was sought on the relation of a deputy clerk of the municipal court to compel the comptroller and treasurer of the city......
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People ex rel. Boer v. Geary
...regulating the appointment and removal of the employees of the City of Chicago was the civil service act. Respondents cite McGann v. People, 227 Ill. 567, 81 N.E. 702, and McGann v. People, 228 Ill. 203, 81 N.E. 847, as completely supporting their contention. These cases relate to deputy cl......