, 1870-05-03

by demurrer. Wherefore it was tor the purposes
of the argument}, conceded that the statements OK
the bill as to matters of fact, were tue. The
court must, therefore, In determining this motion,
assume that the allegations OF the bill, upon which
equitable interposidon vas asked, we're beyond
Having this starting point, the bill alleges that
complainant was IN engineer and practical me-
That being admitted, then It WAS clear he had
right TO pursue his profession or buslness- That
right wns recognized br courts Of equity as prop
with which, when not properly remediahle by
common Law, would be prevented In chancery.
Il was Set forth that on the 9Th Of September,
profession, craft or science, was employed Id the
line OF his craft, to discharge particular
duty by the authorities OF the county, un-
two years distant At an annual salary of $500, 30
that, In addition to the property which the law
recognized As following the right te pursue par
ticulaF business, there was sf1xed pecunlaty
bo1h Of these properties he blll charged defend
ants were abo1t. nnlawfully and fraudniently, to
Here he would meet the case last cited on tae 9th
er side. The manifest rcason why the relief there
vas vas already done; the master i the School haI
already been removed. and no Injunction conlu
n1a n 1ore % fnca IS a .h; sae9 2'
case at bar, the Injunction was granted
,here wns no question raised, rs vas uonc ID the
case OF the schoolmaster, whether the party con-
tinued in his employment Here the GG1ln 11an,n w
was sued out to remedy wrong that had already
been DONE and the witt Was, OF COURSE insul1cieht
The bm stated and the & 1ennt 1ha t,eaalne Of hIs
duIIea: that lie was under bond Of 5000
for he faithful discharge Of his duties, and ths
st ' sMta 81 lines faithiuIy diligently; caIsially
! and scientifically discharged the duttes imposed
BIN by his contract a. 70 n ne RGanH o. INC
lends Then Il Was stated that the Board Of
Super yisors within six months Of the date q lae
eSnnss E,m oecause Of III connection with the
! Normal School, or somebody because ae au s ~
Esf eon5s mao n Sue rae Weh had sor Of
rowing commission, or dfag-net 3a;snn1' commson'
and made certain charges ags.1ss eoPssinanl ,sa an
Strength ] Of which The committee WAS induced TO
report IN favur q eompianaanta a i1 SG bIen TO-
contract, concerning which no charges bad been
was 1 done, equity might be invoked With conn-
deuce. In the process looking toward dismissal,
the defendants might be acting as public 1,,t
1sey u wess SSund to 'es Conform in ssef
To- s sS Of s uaeY =
ies.al . and and honest Tnies that bound al judicial
eede e4 q czen Il aad touch his Of
property, there being no adequate remedy pro
ridcd nj Inv, then equity would step in and stop
tsf t,,at he coInmittee undertook 10 investigate
charg.s against complainant f,,r 1ne aea,iaS lax
shen tepa be 1,1s Of TIC q fae ehaes
r. W rs aeeusef saa ee gwen
| time to cross-exRmine Witnesses against MIN, rs
well sto present testimony IN his own behalt No
rights, fo1 In Ills land It had not ret come to pass
that Star Char,ber had been established, or that
under the Council Of Tcn In Mss
| followed By incarceration OF death. II this man
laa these rights, then, II he was de.
81 s ee sad tns
Dc1llc npon M illegal action, the further result OF
which would he an ir1eparable injury to complain
his employment, and especially from the contract
| which the demurrer conceded he WIS faithfully
performing, where could he look for recompense
for the damage that his reputation would sustain
| The demurrer conceded that he was barred from
his rights as party charged with derillction Of
Sut nal and not allowed 4se essTre . so
iaT vas u.ira fires, absolutely Tol1, and being
pccial province Of Chancellor to restrain the ao-
tors in the farce that the citizen might he protect
cd fom the KEong.
the e eouit he case Of Ffewin :. Lewiz L Milne
craig, s5l}, Enc4 be thought entirely covered N
esss Ct bar Iniaas proceeding nEaiast Poo
vas raised by demurrer, and the matter set up va!
. that the injured parry had his remedy q
Which this court intc,fczcs With the acts Of body
: If public fnnctiona1les, constituted Ike the Pool
= Law Commissioners aIt, perfectly clear and IN
, , conn1e themselves within the exercise Of thost
, dnttcs which are condded to them BY law, the
Court Eiu not Interfere The Court VIII not In
ftrfa n alteration rppUlttSnr
which they mRy direct Is good or bad but. II they
are departing from that powe. which the law has
power over property which the law does not give
them, this Court no longer considers them as act.
Ing under ,hs aufhority y Of - ihslr commission eu
tivtdnals, merely as persons dealing with proper
,, II without legal authority"
. body about to do wrong, and had they not acted
! Illegally, and beyond their jurisdict1on7 lie die
: not argue the question whether the board coule
, corto1e1sy, but only that, having undertaken Z
give reason, It should be based upon legal acttoI
The Hsa bi eaalres is 81 N ag would
eaiy eut Is puIposs: md hers e Eas brought {
ss'ssss sssss ! sssoaa; fss ss@s sss - s
TINT illegal action threateued entalling injury
for which no adequate redress at law WAS given
then the Injunction WAS to be sustained counse
forming his duties was 70 inIure him, nos because
Of cutting on the Pecunialy results. but because
is ] ]as e Ms aa 1 1d nds he
, the injury, bnt that the Threatened injury vas
1s sa an Maaes
b8sn : Holden, shszs r. CONT @ d ssia: - s "
aoa Il u 4 i.ns ns Ct
as y & Z 10 e.
Z r
& fsai e iii. 81
ts sa &c saa xe:s
: Euprene cdass q siabsna = 1s1.ey. No 1caso6
a!e ss4 r as1 + se s9nss ,D,
f. plgpaT gp! n i.aas ~
sSs aa
n a{7sn E. T sha T.
Isat 9S Rees
cry 81 sn1hs5 peon whe:hes that consists Of tasgbi
FIFTH @S1sT &
e IT, a. a esa Hsta I'd enolcns an
! asiachsd ~ to the office Il T. enszti9n:
it is laid down that legal remedy may exist, ant
not furnish 9 complete remedy, and that 1t doe
teew that a. Injunction
!. this case the complainant might sue for the bal
autc OF his SALARY, but as to his reputation b
Thirty second Illinois, TO the effect that ,shereve
= | HaRd6mts w0nld lie to restore, IN Injunction
= ! would Issue to restrain, contendtng thar II thi
:, man were Illegally removed, 5AdRddnus wou
. 1cilnce him, wherefore Injunction would preyeu
the original wrunE-
;; AS TO the nature of the WRONG which an tntune
.. tlun would prevent, counsel cited PeteIs, 536
43 Illinois, 81; Allen, SIS; In substance tha: It
not necessary that The injury sought to be gualde1
+ against should pc a pecuniary injury alone
, He commended that all the elements Of chhtga
. wa!1antng an INDUCTION were present ln this case
, and pointed the court to Hilliard on inJuncuons
athat t1eparnNle injury exists where the injury L
in damages, OF is such as from its continuance o.
permanent mischief mnEt occasion a constdntl,
recurring grieraHce, which cannot be other wise pre-
vented, Us where loss Of health, loss trade or busi
atss, destruction Of the Of stlhsistc or per
mansnt ruin to property, may and will ensut
1,, from he w1ong:al acts Do not these element:
CLOSE FOR TIE DEFENDANT.
! Mr. Tree, concluding the argument, reviewed
The authorities cited, conteDdlng that HI. HcrEe,
act CT the Board OF Supervisors to be prevented
. from continuing to be an engineer or fireman, bu
: only fIom being fireman IN the Court House
and, for reasons sulDcent to them, ,:tsley deemed
possible TO do without his services, ami
) bcyond this the resolution complained Q
| cited By counsel on this point from Wallace
there was an attempt made By legislation to pre-
, | vent preacher from cxpoundtng The Gospel, ana
: | some lawyers from practising In the profession
! they had studied and alone made themselves CON
petent for. He believed that the Supervisors hnt
i function within the line Of which even q cour
. ! should not interfere.
As to the other caseR, he suggested that thc]
proceeded on the basis that the parties were ON
Gers, while, N this case, there was only m en-
ployc, Liable to be dismissed ut pleasure, subject u
! his 1iuhts under contract OF employment HI
deemed that the board YVES nctfng within the le
sitilnate scope OF its Legislative functions In in
| that, II that were &C. the Court should not Inter