People ex rel. Graham v. Inglis
| Citation | 161 Ill. 256,43 N.E. 1103 |
| Parties | PEOPLE ex rel. GRAHAM v. INGLIS et al. |
| Decision Date | 12 May 1896 |
| Court | Supreme Court of Illinois |
OPINION TEXT STARTS HERE
Error to circuit court, Sangamon county; Robert B. Shirley, Judge.
Mandamus on the relation of James M. Graham, state's attorney, against S. M. Inglis and others. Writ quashed, and relator brings error. Affirmed.Anthony Thornton, James W. Patton, and Jams F. Hughes, for plaintiff in error.
M. T. Moloney (H. A. Neal, F. K. Dunn, T. J. Scofield, and M. L. Newell, of counsel), for defendants in error.
This was a petition in the circuit court of Sangamon county for leave to file an information in nature of quo warranto, to inquire by what right A. J. Barr, C. L. Pleasants, M. P. Rice, M. J. Walsh, F. M. Youngblood, and Samuel M. Inglis exercise the powers and perform the duties of trustees of the Eastern Illinois Normal School. It is alleged in the petition that an act was passed by the general assembly of the state of Illinois, and approved by the governor, on the 22d day of May, 1895, to establish and maintain the Eastern Illinois Normal School; making the same a corporation by that name, and providing for the appointment by the governor, by and with the advice of the senate, of not more than five trustees, who should be invested with all the powers, and by whom should be performed all the duties, of such corporation, and who should be residents of the state of Illinois, outside of the territory within which the school was to be located, and providing that no two members of the board should be residents of any one county, and that the superintendent of public instruction should be a trustee of said school, ex officio. It is also alleged that on the 15th day of June, 1895, and before the act took effect, the governor nominated, and the senate confirmed, A. J. Barr, C. L. Pleasants, M. P. Rice, M. J. Walsh, and F. M. Youngblood, trustees of the Eastern Illinois State Normal School; and the petition avers that such nomination and confirmation of said persons as trustees before the act took effect and was in force, and before there was any office of trustee of the Eastern Illinois State Normal School to which they could be appointed, were and are null and void, and of no effect, yet the said Barr, Pleasants, Rice, Walsh, and Youngblood on the 27th day of July, 1895, and on the 5th, 6th, and 7th days of September, 1895, usurped and intruded into said office of trustee at and in said county, and from thence and hitherto have usurped and intruded into said office, and still do hold and execute the same, without right or authority of law so to do; that Samuel M. Inglis, superintendent of public instruction in said state, claiming to be a trustee of said Eastern Illinois State Normal School, ex officio, by authority of said act, did unlawfully, at the same time and place, and in the same manner, intrude into said office of trustee, and still holds and executes said office, without right, title, or authority so to do,-his appointment or election having been made by the general assembly contrary to the constitution, and he also being ineligible to said office of trustee during the time for which he was and is elected superintendent of public instruction. The information filed by the state's attorney of Sangamon county, under leave of court granted, charged that on the 27th day of July, 1895, and on the 5th, 6th, and 7th days of September, 1895, Samuel M. Inglis, A. J. Barr, C. L. Pleasants, M. P. Rrice, M. J. Walsh, and F. M. Youngblood, respectively, did unlawfully usurp and intrude into, and hitherto have continued to, and do now, unlawfully usurp and intrude into and hold, the office of trustee of the Eastern Illinois State Normal School, a corporation created by authority of the state of Illinois, without any right or authority of law, and contrary to the form of the statutes in such cases made and provided, and against the peace and dignity of the people of the state of Illinois. The plea or answer of F. M. Youngblood, M. J. Walsh, C. L. Pleasants, M. P. Rice, and A. J. Barr says that: They, and each of them, are citizens of the United States, and of the state of Illinois, and were at the time of their appointment as trustees. That they, and each of them, reside outside of the territory within which it is provided by statute that the Eastern Illinois State Normal School is to be erected, and no two of them reside in the same county or senatorial district. And that after the passage of said act the governor of said state nominated the five above-named defendants as trustees of said institution, and sent such nomination and appointment to the senate of said state on June 5, 1895, the senate being then and there in session; and the senate, being then and there in regular session, by a vote of a majority of the members, elected and confirmed said nomination and appointment. And thereupon the governor issued and delivered on June 5, 1895, a commission to each of said defendants as a trustee of said Eastern Illinois State Normal School, and thereupon each of said defendants did then and there take and subscribe the oath of office, provided by the constitution of the state; and thereupon, on the 1st day of July, 1895, the defendants, each of them, took upon themselves the performance of the duties of trustees of said Eastern Illinois State Normal School, and so being such trustees, by said appointment and confirmation, they have used and exercised, during all the time in said information mentioned, the duties of such trustees. And, in the plea of Samuel M. Inglis, he set up that he was, and had been for many years, a citizen of, and resident of, the state; that at the general election of November 6, 1894, he was elected superintendent of public instruction; that on January 10, 1895, he qualified and entered upon the discharge of the duties of the office, and, so being such superintendent, has used and exercised, during all the time mentioned in said information, the duties of trustee of said Eastern Illinois State Normal School, and has used and enjoyed the liberties, privileges, and franchises thereto belonging, as he lawfully might and lawfully may. And a demurrer was interposed to the pleas,...
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