, 1875-06-08

AGO, TUESDAY, JUNE 8,
hrerJ ether coust.~-Coolsys Conat. Lm., FEC. 81
! Duer. sa2: . New York. 2Ge: s Legal News, 3E3,
From she,e tro ca,e.-ons in OFT Supreme Court
sud tho other in the Nsw York conr. os Arre.is-.nd
f'om many oshsF c*eos which might ba e.led,
that. when /. !. .., ii" e. .et. 81 Court ar. absolutely
vota Ah rsn he STACKED coliacralIt for want t trs
c,lon the nord IN uscd not In vague AMI It1-1ntts
Il neans power contrnl!Et,ngu!slied from cq!ty;
Fewer IN ta e1tftcnee, rather than III it, uaua1 method
81 l ensts'a: Hos:! =, ,s os.ble rather .han n ~
hsrea In thY particular court, eseh ihou3h A like
,Sses e1.sel aid wa appropriately s.erel.ai b,
II this Is tho meaning Of Jus1satcslon vhen It /. asld
thas al proceedings are vod.-a1d know 'f m de-
e!ron which would gtve tue wnrd in such connection
different meaning R--taeh HIS tHrieltctun Of tia
Court In the present Is n dtjeud' upon
the fact That there may he tonritse aud sIe1uais
away the ciancery row.rs of ihIs Court although, IN
caao the objection ra!.ed by demurrer, pea
aver The Cor. might sn' a!oud reInro 10 e1erct.e
sts power. Not beng ra'ed. ths court could pro-
ece1 10 render It's decree. and such ecrec would rot
t. vo.d and could not bc co!lstcrally attacked.
considering H. eases where Tho proceedings were
.od,-Juss1:tion bad been Gsct l it, sAgno and In.
ashnse @ ssnse - Stoloond.ng power Without equity,
-
tdy ~ Inv It Ia taSelng srAbga that thtre not
reEorted cats' In ~Lich decreea and Judgments have
Tbs Supreme Court nj Illinois in tha case Of Curt.s
n. Heowa quotes NTH approval tbo language q The
Court Of Appeal. Of New York. - folIows: !" There
THAT the ccree Ii vuld for tic want Of tower) could IN
affirmed Il; srsieet to cour. rs,etsins general urt.-
saeet ,nai,cr 1t .ho ~ K"' 's1'"s ''
Tho Circuit CURT Of Cook County hnawers the de-
acrlpoh Of court" anro giyer.-that H. II 10 court
nj zh@ 4ttx{u atlrh A.A
undn1bea Jurisdiction over tho i,artles 'lgsnt. tho
rcseut question is only 10 its Jurisdiction tho
subject uAttcr of the autt.
THE ELECTION nCFEnHEp TO
in tEa bill was not tnch in tho popular rense Of that
wprl Tho ~Dr1 ustIsy rrfera 10 a choice nf occrn.
III tho late election no officers were vol<d for; only
law wn% voted Upon tD determine whittier Il AA1uld e.
CONF tie caFer of tile City Of Chicago It Ia ths
nicy af the 4w 10 Esfek contests r tic election u
usnally matie to eterinlue sch contenta claewuese
Neither can the courts restrain acts Of the iegirls-
re Or interfere With the acton Of Legislative bohlsa.
Tho Legislature Is Goorinate brauch Of tile Cover
ent and rannnt be subostn"ted 10 the eourtt. sul-
jeet to tho Constitution. It II. oxeept whsn limited by
TINT, supreme. But Tho Common Count Il IL Leg
sl"turo 1t has Ieeu created ty Il. and u routtoe
and governed by 1t. So far ~ tho Legislature nay
have seen NJ to enant 10 the Council Legislative poxcfs,
~ to tlie.c It caanot be conr Alea by the cotlr4.
Neither can It bo coatrped " them hs to
ANY DISCRETIONARY rowEns
which may have been conferred upon y, nniets 1t
nsn!festly abuses such discretion And III these re-
alects thsse IL nu different 1aw for tile Common Cnu-
eli Of Chicago than t.cre IL for natural erso,
M ion m in sle State. however insssneant. Is Ill., s.
1; IN. Btate, rs II IN. state, 4e9 Dues, AVS.
DIT IN AEoAnp 20 ,t1S1sTER1At DrTlEs.
Common councli has thcy would have to contso rr,-
wero srsjy m.nistsfi. sash ". tho aos.*,oa ID hs
Ss It s e.. '' ,ss so: Il I'll % lIs Il IL ss.. , a
power ia not generally understood to bo
tltI{ctai hut And nnturh n
The net Is not changed fsom the fsct that thu duty u
acyots4 UPON tody wh!sb in .omo ca,es. poasessee
the vote act commanded by law, aid terelorn
tlAt tlu Common Council wero bounl to oty the law.
~ thtu Il cAnaot 10 meant that implicit obodisuee Is
required by every oii!cor 10 every cuunanl Ut tue
aIatn.c. Home asssu:cs arc unconstitutional. somo
arc found uIon an inspecsioa Of the journals Of
becn passed. {lt H., 2o1 il ILL.,. !5, B,mc have noycr
taken sett ~ H., =9J Many hays beea'fercaIetl
e sasG F o ~ ~ sssFy Ss
statute !. binding on him, or arc s1ch qnfAoIs 10 Eo
slctesmincd by no co,fss7 Tue stasemont th4t per.
In ~ catta Ii not universally true. aut inu4t he re-
coiycd snLjcet to certain limitations. II the statute
commanded tho eomnlA.lon Of .hof, robbery, osen
tresass woull not bo claimcd that obedience to II
could 10 compelled. II It commanded the pcttog-
Of fraudulent act, ~ wulch, In its
sary cunneetton With oer acts, saud 10 criminal or
fraudulent, the ttlkcn would to LdaE 10 obligation Ia
II tho Statute commanded pnbic officer asbitrart.
ana to smother who possessed legt or o1aita-
bic claim upon 1t, the olcer would not Ia touuh o
sw ee o
ths oblgat!on TO obey existing statutes. Ihsra arc
swo decisions III this Stats which directly in point
tu both Of thena, Il tho roslton correct tat
ollccr must always obey statutory command, tht
maudauus mas have aausd 10 consp pa, lts ooc4fcuce
buI'resas Court refused IA rsas tho writ. one d
these + the case OF Tho reoplo Solomon ~ ILL.,
nois, i1Sl.
AN ACT Fon l PUBLIC rAnE
having been submitted 70 The yosera Of tho Towns Of
ssl chsas s 5 1na es :. a. sesCn
cauyasael and the rcturna thereof mnae In tho
provided W aw fot tho election Of county snd State
officers, anI tbs Clerk o! tho County Court Of Coos
Of tho result OF suob election N ed In tho nee ot
Tho Secretary Of State and 10 lin ocs OF tho Clet ol
The gupre,ns. Court Of the Third Grand Division"
tlncate which the Law expressly commanded him to le
Immediately after tbs Of tile votes, and tt
y H. tsus bedno bs 20 eeua
All exprtss command OF tha statute. 1t must r. ocyet
but That the queatlon presented MAJ :" whether ths
Ieremplory writ o! laaadamua to colnpe! tho County
Elefk 20 certify, and thus give operation aud effect
~ sha 1ne a act nn9srrsG "a hsa nS,es us d
sought to bs enforced by tbs preceding aud refused
tho ,ns1,da,nas.
In tho cass Of tho People ". donsehenow,
u Illinois, ic3 the la1 which controlled tho election
declared Tia. ii. Town CLERK and Town aud cny su,
pefsaor Of vsndsss Should meet after tho pulls wcre
closed, and 'sha!i Immediately eansass the vote. and
declare who elected iowa Officers y" hut tho Town
Cesk te!uacd to meet With the Town and City Super
vsors, required by the ~ for ho purpose Of
wasting tho vote poed. Upon application rnado t.
comlsl hiu. 70 act, tic Supreme Court refused tAe
writ because tho record shown there was action
by tho City couurtl n2ng place fur holding The oec
ton In such msuuer - woull gse the public nd
iee mud 10 notice Of tls election seens esos 10 have
been Gisen.A
In both these caaea tho language Of tho statute I'm
posing the duty upon tho officer Wa similar to tht Ian
Nuagc uhed Ealctance 10 tho Of tho yotel by
the C!ty CuuncL eIusIly cear. and equally rescsni
tory. and yet shs supreme Court In zach decas
that Tho eEenptosy command Of tho etztuta Imposed
no duty upon Tho officer for tue reaa,n taat In ea,
casb tho legislative act, under which he would ha aYc
&c led, II 1t al. had bctoms law.
IN VIEW or TMEsR AID OTHER SIMILAR DECISIONS.
II could NOT area In argued NTH auy paustbIlity tia.
1t u tbs law III ths State that lhe Common CoHns, II
for aaY the charter invalid either for wait
Of tho proper notice of tho election or for want OF
majority Of totea In lasor Ut h adoption Of tho aet c
la2 ~as bound ia esnrass the vote. II were rot fos
N language employed by the Court 'n tha sass Of
Watson 81 u. -. Dexeng e H., 6st tlnots !o1. Tls
language u this; "Whan ts l4w imposes 4 positive
duty upon a public funcl,onsry, and ! court con,
Mt IN hA at &hh1 1k.z