People ex rel. Lockwood Honore v. Olsen
Illinois Supreme Court
Original petition for mandamus. The relator filed his petition in this court at the last term for a writ of mandamus against Peter B. Olsen, county clerk of Cook county, to which the board of county commissioners was made a party defendant on the motion of said Olsen, commanding said Olsen, as county clerk, to draw an order on the county treasury of Cook county in favor of relator for the sum of $541.66, alleged to be a balance due him for salary as one of the judges of the…
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Original petition for mandamus. The relator filed his petition in this court at the last term for a writ of mandamus against Peter B. Olsen, county clerk of Cook county, to which the board of county commissioners was made a party defendant on the motion of said Olsen, commanding said Olsen, as county clerk, to draw an order on the county treasury of Cook county in favor of relator for the sum of $541.66, alleged to be a balance due him for salary as one of the judges of the circuit court of said county for the quarter ending March 31, 1906. The petition alleged that on the first day of June,…
1Opinion of the CourtJustice Wilkin
The second section of the act in question not having been passed by either branch of the legislature or signed by the speaker of the House and president of the Senate and approved by the Governor, is consequently null and void. But it is insisted on behalf of the relator, that, notwithstanding the invalidity of that section, the act is valid and complete as to the salaries of the judges of the superior and circuit courts, under the well recognized rule of construction that where the several provisions of an act are separate and distinct from each other, one may be declared unconstitutional…
2Cases cited11 opinions
- Berry v. Baltimore & Drum Point RailroadCourt of Appeals of Maryland · 1875
- Stein v. LeeperSupreme Court of Alabama · 1885
- Burritt v. Commissioners of State ContractsIllinois Supreme Court · 1887
- People ex rel. Barnes v. StarneIllinois Supreme Court · 1864
- People ex rel. Oliver v. KnopfIllinois Supreme Court · 1902
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Foster v. NaftalinSupreme Court of Minnesota · 1956
- Scown v. CzarneckiIllinois Supreme Court · 1914
- Sheldon v. HoyneIllinois Supreme Court · 1913
- People ex rel. Dougherty v. City of Rock IslandIllinois Supreme Court · 1915
- Witter v. County CommissionersIllinois Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.