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Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 198

Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 198


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...it to be in conflict with the constitution. Section 28 of article 4 of the constitution provides: "No law shall be passed which shall operate to extend the term of any public officer after his election or appointment." So far as the act provided for the election of six judges in November, 1904, and one judge in June, 1903, it was the same as the act of 1897, and the elections would take place at the proper time; but the provisions for the election of five judges in November, 1902, was an attempt to continue persons in oflice in violation of this provisiop of the constitution. The act would operate to extend the term of office of four judges from 1899 to 1902, and one judge from 1901 to 1902. The term of these oflicers was fixed by the constitution, and the legislature could neither extend nor diminish it and had no control. over it. (Mechem on Public Oflices and Officers, sec. 387.) The scope and purpose of those provisions were in direct conflict with the constitution. By them the legislature attempted to postpone elections from the times when the offices of the judges would expire, to a later date. They had no more power to continue the judges in oflice by this means than they would have had to provide that no election should be thereafter held, so as to continue theincumbents of the oflices therein during their lives. On the trial of the issue of fact it was proved that the act was never passed by both houses of the legislature and that none of its provisions ever became the law. There was evidence to identify the journals of the two houses, the original bill, amendments, and the records in the oflice of the Secretary of State, from which these facts appear: A bill (No. 11) was introduced in the Senate which provided for...


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Product Details
  • ISBN-13: 9781230082097
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 222
  • Spine Width: 12 mm
  • Width: 189 mm
  • ISBN-10: 1230082093
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 404 gr


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Reports of Cases at Law and in Chancery Argued and Determined in the Supreme Court of Illinois Volume 198
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