Broadwell v. People

Citations

• 76 Ill. 554

Syllabus

<p>1. Constitutional law—compensation of county officers. The phrase “county board,” as used in article 10, section 10, of the constitution of 1870, which requires such board to fix the compensation of all county officers, etc., was not designed to embrace any one particular body of persons, but means the body authorized to transact county business. It embraces the board of supervisors in counties under township organization, and the board of county commissioners to be elected in counties not under township organization, and also applied to the county courts in such counties until they were superseded.</p> <p>2. Thus, where the county court of a county not under township organization, before that court was superseded by the election of a board of county commissioners, fixed the compensation of the sheriff of the county who was elected in 1872, it was held, that such court was authorized to do so under section 10, article 10, of the constitution, and that the county was entitled to all fees, etc., pertaining to the office in excess of such compensation.</p> <p>3. The compensation system by the constitution was designed to apply to the county officers to be elected in I< ovember, 1872, in all the counties of the State except Cook county, whether they were under the township system or not, and to supersede the fee system which had prevailed before.</p> <p>4. County courts. The fourth section of the schedule to the constitution, which provided that county courts in counties not under township organization should exercise “their present jurisdiction” until superseded by the board of county commissioners, was a limitation upon the power to change the jurisdiction from county to civil or criminal business, and was not designed as a prohibition of the enactment of additional laws regulating such court or enlarging its powers in matters of county business.</p> <p>5. Office and officers—compensation. The offices of sheriff and collector in counties not under township organiza