People ex rel. Durante v. Burdett
| Citation | 283 Ill. 124,118 N.E. 1009 |
| Decision Date | 04 April 1918 |
| Docket Number | Nos. 11773,11774.,s. 11773 |
| Parties | PEOPLE ex rel. DURANTE v. BURDETT et al. PEOPLE ex rel. BLASI v. SAME. |
| Court | Supreme Court of Illinois |
OPINION TEXT STARTS HERE
Appeal from Superior Court, Cook County; Joseph B. David, Judge.
Petition by the People, on the relation of Hector Durante, for a writ of mandamus against James H. Burdett and others, together with a petition on the relation of Tony Blasi, for a writ of mandamus against the same respondents. From judgments for relators, respondents appeal. Reversed.
Edward J. Brundage, Atty. Gen. (Edward H. Taylor and Ada M. Cartwright, both of Chicago, of counsel), for appellants.
Adolph Marks, of Chicago, for appellees.
Relators, Hector Durante and Tony Blasi, were employed in the office of private employment agencies of the state of Illinois as inspectors of private employment agencies, and were under the Civil Service Act. They were suspended by the chief inspector of private employment agencies October 27, 1913, and charges filed against them October 28, 1913. The salary of each of the relators was $125 per month. There was a considerable delay in hearing the charges by the civil service commission, but a hearing was finally had, and on January 16, 1917, Durante and Blasi were ordered reinstated, but without pay from the time of their suspension to the time they were reinstated. The reason given in the order of the civil service commission why they should receive no pay for the time they were suspended was that the delay in hearing the charges was due to technical objections of relators and their unwarranted action in securing a writ of prohibition to prevent the president of the commission from hearing the charges, which required an appeal to the Appellate Court to set aside the action of the court granting the writ. The order recites that under the circumstances it would be unjust to allow relators pay for the time they rendered no services to the state. Since January 16, 1917, relators have been in the discharge of the duties of their respective positions and receiving the salary therefor. During the time relators were suspended the duties of their positions were performed by other persons under temporary writs issued by the civil service commission, who were paid the salaries allowed employés in said positions. The relators filed separate petitionsfor writs of mandamus in the superior court of Cook county to compel the civil service commission and...
To continue reading
Request your trial
-
State ex rel. Gallagher v. Kansas City
...74 Conn. 397; Lee v. Mayor, 40 Atl. 663; Gorman v. Commissioners, 1 Idaho, 655; People ex rel. v. Schmidt, 281 Ill. 211; People ex rel. v.v. Burdett, 283 Ill. 124; Hittell v. City, 158 N.E. 683; City v. Burns, 116 N.E. 604; Leonard v. City, 93 N.E. 872; Brown v. County, 98 N.W. 562; Commiss......
-
State ex rel. Gallagher v. Kansas City
... ... 855; Board v ... Darrow, 13 Colo. 460; Mayor v. Shaw, 16 Ga ... 172; People ex rel. v. Thompson, 316 Ill. 11; ... People ex rel. v. Burdette, 285 Ill. 48; People ... ex ... v ... Schmidt, 281 Ill. 211; People ex rel. v. v ... Burdett, 283 Ill. 124; Hittell v. City, 158 ... N.E. 683; City v. Burns, 116 N.E. 604; Leonard ... ...
-
People ex rel. Hansen v. Phelan
...be considered passed only when it has gone through all the necessary procedures), overruled on other grounds, People ex rel. Durante v. Burdett (1918), 283 Ill. 124, 118 N.E. 1009; Village of Mettawa v. Carruthers (1988), 175 Ill.App.3d 772, 775, 125 Ill.Dec. 379, 381, 530 N.E.2d 537, 539 (......
-
State v. Coon
...of suits by other de jure public officers. People v. Schmidt, 281 Ill. 211, 117 N. E. 1037, L. R. A. 1918C, 370; People ex rel. v. Burdett, 283 Ill. 124, 118 N. E. 1009. In this state a de facto officer, that is, one in possession of the office and discharging all the duties pertaining ther......