People ex rel. Macauley v. Burdette

• Decision Date: 21 October 1918
• Docket Number: No. 11962.,11962.
• Citation: People ex rel. Macauley v. Burdette, 285 Ill. 48, 120 N.E. 519 (Ill. 1918)
• Parties: PEOPLE ex rel. MACAULEY v. BURDETTE et al.
• Court: Illinois Supreme Court

285 Ill. 48

120 N.E. 519

PEOPLE ex rel. MACAULEY

v.BURDETTE et al.

No. 11962.

Supreme Court of Illinois.

Oct. 21, 1918.

Error to First Branch Appellate Court, First District, on Appeal from Circuit Court, Cook County; Oscar M. Torrison, Judge.

Petition for writ of certiorari by the People, on relation of Joseph H. Macauley, against James H. Burdette and others. From a judgment for petitioner, quashing the record sought to be reviewed, respondents appealed to the Appellate Court, which affirmed (207 Ill. App. 365), and respondents petition for certiorari. Judgments of the trial and Appellate Courts reversed, writ quashed, and petition dismissed.

Edward J. Brundage, Atty. Gen., and Clarence N. Boord, of Springfield, for plaintiffs in error.

CARTER, J.

A petition was filed by defendant in error Macauley in the circuit court of Cook county for a writ of certiorari to review the record of the proceedings of the state civil service commissioners of Illinois in the discharge of defendant in error from his position as clerk in the state grain inspection office. The circuit court quashed the record of the proceedings, on the ground that the jurisdiction of the commission was not shown in the return to said writ. On appeal to the Appellate Court, the judgment of the circuit court was affirmed (207 Ill. App. 365), and the case has been brought here on petition for certiorari.

The petitioner for the writ of certiorari was ordered discharged from his position in the service of the state by the state civil service commission on May 12, 1914, and his petition shows he was notified of his discharge June 4, 1914. He filed this petition in the circuit court March 25, 1915. The question of laches in the filing of this petition was raised in the trial court by a motion to quash, and is now urged here. The defendant in error delayed the bringing of this action questioning the legality of his discharge for 10 months and 13 days after his discharge and 9 months and 21 days after he was notified of his discharge. A writ of certiorari is not a writ of right, and whether it should be issued is in a large measure discretionary with the court. This discretion is not arbitrary, but should be based upon reasons of sound public policy. In City of Chicago v. Condell, 224 Ill. 595, 79 N. E. 954, a police patrolman was discharged after a trial by the civil service commission of Chicago. He filed a petition for a common-law writ of certiorari for the purpose of bringing up for review the proceedings of said commission in discharging him. In Discussingthat case this court said (224 Ill. 598, 79 N. E. 955):

‘In our opinion the writ in this case should not have been issued. * * * Where a detriment or inconvenience to the public will result, a party is required to act speedily in making his application, and any unreasonable delay will warrant the refusal of the writ.’

This court there held that the writ should have been quashed. In Blake v. Lindblom, 225 Ill. 555, 80 N. E. 252, where a similar question was raised as to a police patrolman, this court, after quoting with approval the doctrine laid down in City of Chicago v. Condell, supra, quashed the writ in that case. In addition to what was said by this court in those cases as to the detriment or inconvenience to the public which might result, it might be said that the position from which the petitioner was removed may have been filled by another, to whom the salary has been paid, and therefore proceedings of this kind should be promptly presented and summarily decided. In discussing this question in Clark v. City of Chicago, 233 Ill. 113, 115, 84 N. E. 170, 171, it was said:

‘We see no reason why a petitioner desiring to review the action of an inferior tribunal by the common-law writ of certiorari, in analogy to the statute relating to the review, by certiorari, of judgments of justices of the peace, should...