Powell v. Bullis
| Decision Date | 17 April 1906 |
| Citation | 77 N.E. 575,221 Ill. 379 |
| Parties | POWELL et al. v. BULLIS. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
Appeal from Appellate Court, First District.
Certiorari by Walter Bullis against the city of Chicago and others, constituting the civil service commission of the city of Chicago, to review the action of the commission in removing Bullis as a patrolman from the police force. From a judgment of the Appellate Court affirming a judgment of the superior court quashing the proceedings of the commission, respondents appeal. Affirmed.
John W. Beckwith (James H. Lewis, Corp. Counsel, of counsel), for appellants.
A. D. Gast, for appellee.
This was a petition filed in the superior court of Cook county by Walter Bullis against the city of Chicago and Joseph Powell and others, constituting the civil service commission of the city of Chicago, for the common-law writ of certiorari to review the action of said commission in removing said Bullis as a patrolman from the police force of the city of Chicago. The writ was issued, and the commission, as a return thereto, filed a copy of its record, showing charges were filed against said patrolman, and that upon a trial upon said charges before the police trial board he was found guilty, and that the action of the police trial board was approved by the civil service commission, whereupon Bullis was removed from the police force of the city of Chicago. The superior court, upon a hearing, quashed the proceedings of the civil service commission, which judgment has been affirmed by the Appellate Court for the First District, and a further appeal has been prosecuted to this court.
It is first contended that the superior court did not have jurisdiction to issue the writ. The circuit and superior court of this state have jurisdiction to award the writ of certiorari to all inferior tribunals in this state exercising judicial or quasi judicial powers when such tribunals have exceeded the limit of their jurisdiction, or when they have proceeded illegally and no appeal is allowed or other method provided by law for reviewing their proceedings. Kinsloe v. Pogue, 213 Ill. 302, 72 N. E. 906. In the cases of People v. Lindblom, 182 Ill. 241, 55 N. E. 358, and Joyce v. City of Chicago, 216 Ill. 466, 75 N. E. 184, the action of the civil service commission of the city of Chicago was reviewed by writ of certiorari. It is said, however, the question of the power of the trial courts in these cases to issue the writ was not raised, and that the writ cannot issue to review the action of an inferior tribunal unless such tribunal is invested with the power to decide upon property rights, and that the rights of Bullis to hold the office of patrolman was not a property right, hence the superior court did not have jurisdiction to issue the writ, and to sustain this contention the case of Commissioners of Mason & Tazewell Special Drainage District v. Griffin, 134 Ill. 330, 25 N. E. 995, is relied upon. In that case property rights were involved, hence it is not an authority against the proposition that the writ may issue when only personal rights are involved, and many cases...
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