, 1875-01-31
DECISIONS.
Recently Rendered by tho Illinois
Supreme Court.
The Mayors Bill" Declared q
Constitutional Measure.
Judgment Of Lower Court in KIokke
Case Affirmed.
The Same Authority Sustains the Action
Of the "0utside Judges"
But Says They Are Entitled to No
Extra Pay.
List Of Opinions Filed with the
Clerk at Ottawa.
But Says They Are Entitled to No
Extra Pay.


THE MAYORS BILL.
IT Is DECLARED CONSTITUTIONAL.
Spee1at Dtspa&ch to Tbs Chicago Tribune.
OTTAWA, ILL.,. Jan. 30.-Tho following is an
abstract OF the decision in the K1okke case:
The People ex rel. Klokke vs. Wright. Opinion by
scholaeld, J: The first question aliaing upon thls
record is Does Section ct the act Of July, 1872
known the Mayors bill, include within It's puryiew
Commissioners Of the oara OF Police Of the City Of
Chcago{quotng the aec:on}7 It s conteuded that Com
Board organized under the Charter Of the City Of
Chicago. or any amendment thereto. The frat Board
Feb. II, 1861. ub. laws, 1861 151 That act while
not purportiug to bs amendment to the City Char
tr WIS such in it. necessary effect It is entitled
City Of Chicago and to Prescribe theie Powers and
Dutea" It required the organization Of Executive
Department In the nictpaGovernent Of the City Of
city and to ths Board It rans{ars tho contro! and
management Of the entire police force Of tho CITY, and
also Of all public police property and certsin powers
Council thereafter to bo exercised by this Board Of
Police. This Board is to receive eaaries ont OF tho
City Treasury md taxes ae to be levied End collected
for funds to de4ray their expenses, etc. and all
preesly repealed. From the time tnis became
exercised by the officers Of the Board in tho CITY Gov
ernmcus in the protection OF the lives, property and
liberty Of tho d:izens. It became Fundamentally \
amendment Of the Charter; and the mera fact that
tic act in It's dtIo does not profess to nnend tho
Charter IS nnimportant. (Quotins to sn.taiq thia
vs Briggs, 81 n. r., 553.l
That the circumstance that the police were auhor1z
limits neither changes the character Of the act in
any degree tmpairs its force az part Of the funda
mental law Of the city The prominent and control
city md all else is incidental Tho first section Of the
tenth chapter Of An act to reduce the Charter OF the
City Of Chicago and the serera acs aendato1y there
n r{zrAu fI@f Tab
1879, (Prisate laws 1868, p. 1oo] declares that
there shall bc established Executive Department Of
the Sf hs cg
part Of the Charter Of the City Of Chicago.
Here be quotes from the act Of Feb. 16, 1e65
reducing the Charter aud amendments in one
act, the section relative to the term Of office Of
tue Board Of Polics. Also gives the twelfth
section Of 4he saHa .9tkHSasidag foE tho cleo
tion of these 6dice19 y VIC general election
for county officers by the voters OF Cook
County az successors to those whose terms e1-
pire by the eleventh section. Also, quotes tho
thirteenth section as to their SALARY; also the
fourteenth section authorizing their pay to como
from the City Treasury; also the eighteenth
section as to bonds also Sec. q, giving them
custody Of firearms and military equipments I;
also Sec %, giving thom control Of the Fire
AGpl1 tA4<Ab1 ALA9s]AJ eAAA e@@As%oA ~ 'AA@ AAA4
engines, apparatus, etc.
It would, in our opinion, in view Of the various
actents be absurd to hold that tha Board Of Police is
not what The law declares it to be- the Executive De-
partmeut Of the Municipal Department Of the City OF
Chicago. We cannot hesitate to Say that It was Or
ganized under amendments to tbs city charter. It
was tho creature Of the Legislature, who had ascre
ton to provide how the Roard Of Police should he
elected OF appointed, and to change the mode from
time to tue Ordinarily, 1t Is true the right Of elect
ing persons to positions Of public trust is couded
only to those directly interested: but in
the absence Of Constitutional regulation, this Is
not Indispensable. The ru1e ordinarily IS that
when the right Is given TO elect to particular
Office, 1t is not subsequently withheld mud the otice
filed by appointments yet this ia but Practice which
may be departed from {he Constitution being silent
On the sue> whenever the Legislature sees tit to do
60. notable departure from this principle e11es In
the present Constitution to JusdceB Of tho Peace Of
Chicago A We understand the Farious provisions
of the acts Of 1868 and 1855, tho tndt-
Tjdual Commissioner Of the Board Of Police,
Is such, possesses no official authority, and
has no Official duties The word Commissioner ecrTes
to describe member Of Board which possesses OH
cial power He cau only act by concurrence with the
Board. They are not Individually city othceas-
The Court holds that the act in question Is constu
ttoual because its title relaes to general subject.
The objection that it is special legislation Also fails,
because the act 10 neither local nor special applies
in general terms to all cioe and the question as to
duration is i1nmater1al. general law may be limited
or extended for Ill time.
Entertaining those vieU8, It follow that the judg
me1t below must be affirmed.