Free trader-journal. (Ottawa, Ill.) 1916-1920, 1919-12-06
fcred to the County Home Committee
Opinion Of Attorney General on Resia.
nation Of Supervisors.

tiOn and appointment and qualiiica
ton Of successor.
Hon. George Is. Wiley, States Attor'
-ney. Ottawa, Illinois
Dear Sir.
| am in receipt OF your favor Of the
10th inst IN which you ask d COZ
structiOn of section |, Chap;er 1902,
Hurd's statutes 1917. which reads a.
follows:
BE 1t enacted by the peoples Of the
State of Illinois, represented in the
general assembly, That it shall be
and il hereby declared unlawful for
any supervisor or county commits
! icner, during the term OF Office for
which he is elected, to be appointed
to, accept CT hold any office, by al~
pOintment or election Of the beard Of
! which he may be a member; and any
and all appointments and elections by
! the board OF supervisors or county
commissioners. whereby any member
or members IT said beard, or either Of
them, may be selected to I'll any of
fetal position. shall be absolutely null
and void"
, You state that there is a vacancy in
the Office of supe rintendent of the
County Home, which vacancy is 20 DC
lilled by an appointment made by the
board of supervisors.
Your inquiry in substance is
whether IA member OF the board of Sn-
pervisors by resignins his Office would
be eligible TO such appointment.
In reply will say the question.
turns upon The construction TO he
placed upon the phrase in said sec
titn, during the term OF Office for
which he is elected" Supervisors are
township officers.
Paragraph l43 of the Township o.
gani1ation Act. chapter 1919. provides
that Supervisors shall be elected, and
hold office for ii term of two years and
until the election and qualification of
a successor.
Paragraph 100 Of said chapter pro
Vides Tor the resignation Of any town.
ship officer, and paragraph - pre-
scribed the manner Of making appoiu,
ments to ill vacancies IN town Of
fees
The supreme Court, in the case OF
People tx Ri vs. Supervisor, 100 H..
3a2, in passing upon the question Of
the effect Of the resignation of SUI
pervisor as ending his term Of office.
holds that no distinction is 20 be-
drawn between resignation and The
expiration of the time fixed for the
holding of au office: that d resignation
ends the term Of office, the same as
the expiration Of the time of the
tenure of the office does.
The court holds, however, that the
resignation Of public Office is rot
complete and does not become c'tnc.
tive until the appointment and quail
'icatjon Of successor.
Under the holding of the cour in
said case. | am of the opi"io fANt Il
supervisor whose term of office Is
terminated by resignation and the
appointment and qualification of Al
successor prior to his appointment TO
to be made by the board of super
visors, would be eilsiole 20 sueu ap-
pointment
Very truly.
EDWARD ! BRt'NrAGE
tSigned) Attorney General.
Moved by Supervisor Yockey, and
seconded. that same be placed on
record.
Adjournment.
Moved by Supervisor Yockey and
seconded that when we adionrn that
it be until 10 O'Clock IL. IN, Thursday.
Sept ;lh 1919
Election OF Warden OF County Home,
County Attorney and County
Physician,
Moved by Supervisor Bell that thu
election Of warden Of county home,
be held after regular order of bust
ness Friday a. m
Better Farming Assn. Appropriation
for 1et8.1919
The treasurer of the Better Farm
ing association called attention to the
al,llor iatiOn made said association
in September 1918, and asked that a
warrant for $500. the amount Of
aprt opriation, be given them, and on
motion Of Supervisor Wylie and sec
ont;cd same was referred to the Econ
omy and Efficiency Committee.
Grand Jurors.
The selection of grand jurors for
the coming year was next in order.
the chairman appointing Supervisors
Lewis and Charley as tellcrs. and the
following names were drawn in the
manner prescribed by law and on mo.
ton Of Supervisor Yockev and sec
ended. were selected to act as grand
ju"ors for the January. March, June
ana October, 1919, terms:
January.
George Hanson. Adams.
NJ J, German Brookfield,
Peter Reinhard. Bruce.
John K. Knox, Bruce,
W II Brown. Dayton
r. !, Maher, Dinmick.
j. l.. NOLAN Eagle,
+. X, Hook. Farm Ridge.
y. g. Olmstead. Freedom.
i A. Hennhg. Hope.
Pal Noonaa. La Sale.
Tom Keys. La Sale.
. I'd Russell. La Sale.
! Grover killelea Manlius.
| Nels Thompson. Miller,
L. ID. Robinson, Mission,
! J. r. Brena3n. Usage.
Christ Davr, Ottawa,
i Henry Wilmer Peru,
! Edward G. Breaning, Peru.
] Peter Mart2erC. Peru,
4 n. 81