People ex rel. Maloney v. Lindblom
| Decision Date | 19 October 1899 |
| Citation | 182 Ill. 241,55 N.E. 358 |
| Parties | PEOPLE ex rel. MALONEY v. LINDBLOM et al. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from circuit court, Cook county; John Gibbons, Judge.
Certiorari by the people, on relation of John Maloney, against Robert Lindblom and others. From a judgment quashing the writ, relator appeals. Affirmed.Peter J. Ellert and Thos. L. Hartigan, for appellant.
John C. Black, for appellee.
This was a petition for a common-law writ of certiorari, brought in the name of the people, on the relation of John Maloney, against Robert Lindblom, Edward Carroll, and John W. Ludwig, civil service commissioners. In the petition it was averred that the petitioner is a citizen of the state of Illinois, a resident, property owner, and taxpayer of the city of Chicago, county of Cook, and state of Illinois, and a native of the city of Chicago, in which he has lived continuously since his birth, 43 years ago; that on the 29th day of March, 1898, the civil service commission of the city of Chicago gave public notice, pursuant to law, that on June 8, 1898, an examination would be held by said commission for the position of superintendent of the meter department mechanical, the same being a position in the classified civil service of said city; that in accordance with said notice the petitioner, on May 11, 1898, filed with the chief examiner and secretary of said commission his application for examination for said position, which was approved by said commission, and that on due notice the petitioner was afterwards subjected to the physical, medical, and mental examination prescribed by the said civil service commission for the said position, which he passed with a general average of 89.48, and his name was thereupon placed upon the register of eligibles for said position, at the head of the list; that one Aaron L. Brown was also at the same time examined for said position, and passed the examination with a general average of 76.65, and that one Richard J. Lavery also passed said examination with a general average of 76.28, and that said Brown and said Lavery names were also placed upon said list of eligibles, with the aforesaid averages, respectively; that such examination was the first held for said position by said commission; that afterwards, on the 4th day of October, 1898, it having become necessary to fill said position of superintendent of meter department mechanical, the said commission did certify to the commissioner of public works of said city the name and address of the said Aaron L. Brown; that the said certification of Aaron L. Brown was made by the commission under and pursuant to the amendment to the act to regulate the civil service of cities, approved March 20, 1895, known as section 10 1/2 of the said civil service law. The petitioner avers that the said law is unconstitutional and void, and that the said civil service commission should have certified, pursuant to said civil service law and rules thereunder, the name of the said John Maloney, petitioner, for the said position. The prayer of the petition is that said amendmant to the said law may be declared unconstitutional and void, and that a writ of certiorari may be issued to bring up the record of the proceedings before the civil service commission, and that the certification of the said Aaron L. Brown may be rescinded and revoked, and that the name of the petitioner, John Maloney, may be certified by said commission to the commissioner of public works in lieu of the name of Aaron L. Brown. In return to the writ served on the civil service commissioners they filed a record of the proceedings sought to be reviewed, from which it appears that an examination was had for the position of superintendent of meter department mechanical on June 1, 1898. The record, among other things, shows the following:
‘Eligible List No. 294.-Superintendent meter mech. dep't, held June 1, 1898; posted September 30, 1898.
+------------------------------------------------+
¦9870- ¦Maloney, John, 145 N. Ashland ave ¦89.48¦
+------+-----------------------------------+-----¦
¦21190-¦Brown, Aaron L. (ex. soldier), 1500¦ ¦
+------+-----------------------------------+-----¦
¦ ¦Newport ave ¦76.65¦
+------+-----------------------------------+-----¦
¦19693-¦Lavery, Richard J., 176 36th place ¦76.28¦
+------------------------------------------------+
‘Certificate of discharge of Aaron L. Brown from the military service of the United States:
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