People Ex Rel. Frank E. Fowler v. Brown
| Decision Date | 30 September 1876 |
| Citation | 83 Ill. 95,1876 WL 10295 |
| Parties | THE PEOPLE ex rel. Frank E. Fowlerv.GEORGE W. BROWN, Mayor, Etc. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
This was an application in this court for a mandamus. The essential facts of the case are stated in the opinion.
Messrs. WILLIAMS, MCKENZIE & CALKINS, for the relator.
Mr. FREDERICK A. WILLOUGHBY, for the respondent.
Relator was elected marshal of the city of Galesburg at the annual charter election, held on the 2d Tuesday of April, 1876, for the period of one year, took the oath of office, entered upon the discharge of its duties, and claims he was, from thence forward, entitled to benefit of salary attached to such office.
On the 17th day of July, 1876, at an election held for that purpose, the people of that city voted to organize under the general incorporation act of 1872, which was accordingly done. Among the first acts of the city council, on the next day after organization of the city under the general law, was, the passage of an ordinance by a two-thirds vote, creating the office of ““superintendent of police,” and, in defining the duties of such officer, prescribed that, among others, such officer should perform all duties which pertained to the office of city marshal by virtue of the former or old charter, and it was further provided, that thereafter the office of city marshal should be abolished and cease to exist. After publication of that ordinance, a superintendent of police was appointed, confirmed, qualified under the ordinance, and entered upon the discharge of the duties of such office.
Prior to the organization of the city under the general law, relator, although he had been discharging the duties of the office of marshal, had received no commission from the mayor, and, on application afterwards, that officer refused to issue any commission under the old charter.
The prayer of the petition is, that the mayor may be compelled to sign and issue a commission to relator, as marshal, and that the mayor and city council may be required to recognize his official character as such officer, and permit him to discharge all duties of such office, paying him the arrearages of salary, and for such other relief as may be found just.
The vote of the people of the city of Galesburg in favor of organizing under the general incorporation act of 1872, is an adoption of the general law instead of, or as a substitute for, the special charter under which the city had been acting, and in so far as the general law may be inconsistent with the special charter, the former becomes the controlling law, for the city, of government. It is declared, all laws or parts of laws not inconsistent with provisions of the general law, shall continue in force, and be applicable to any such city or village organized under it, the same as if such change of organization had not taken place. Art. 1, sec. 6, Act 1872.
It has always been understood,...
To continue reading
Request your trial
-
Gregory v. Kansas City
... ... that power. State ex rel. v. Johnson, 123 Mo. 43; ... Abrams v. Horton, 18 A.D ... 227; Grant v ... Railroad, 66 W.Va. 175; People ex rel. v ... Loeffler, 175 Ill. 585; Smith v. State, ... Pennsylvania, 10 How. 402; People v ... Brown, 83 Ill. 95; Butcher v. Camden, 29 ... N.J.Eq. 478; ... ...
-
State ex rel. Walker v. Big Medicine Drainage Dist. No. 1 of Sullivan and Grundy Counties
...113 Ill. 491; Walker v. East Rome, 89 S.E. 204, 145 Ga. 294; State ex rel. Douglas v. Village of Reads, 78 N.W. 863, 76 Minn. 69; People v. Brown, 83 Ill. 95; Barkley v. Board of Levee Commissioners, 93 258, 23 L.Ed. 893; Crooks v. People, 106 Ill. 237; Ruohs v. Athens, 91 Tenn. 20, 18 S.W.......
-
City of Chicago v. Town Of Cicero
...v. Madison County, Breese, 154 ;Bush v. Shipman, 4 Scam. 186; People ex rel. v. Wren, Id. 269; Holliday v. People, 5 Gilman, 214;People v. Brown, 83 Ill. 95. The only restriction on the power of the Legislature is that under the present Constitution no local or special law shall be passed, ......
-
Gregory v. Kansas City
...cases last cited is sustained by the following additional authorities: Butler et al. v. Pennsylvania, 10 How. 402, 13 L. Ed. 472; People v. Brown, 83 Ill. 95, loc. cit. 97; Crenshaw v. U. S., 134 U. S. 99, 10 Sup. Ct. 431, 33 L. Ed. 825; Mial v. Ellington, 134 N. C. 131, 46 S. E. 961, 65 L.......