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· 9/15/1867

Bunn v. People ex rel. Laflin

Citations

  • 45 Ill. 397

Syllabus

<p>1. Constitutional law—construction of the act to provide for the erection of a new State house. The act of the legislature of 1867, providing for the erection of a new State house, is not in violation of section 13, article 4, of the Constitution of this State.</p> <p>3. Oeeiceks — officers who are not — within the meaning of the Constitution. The commissioners appointed under this act, are not officers within the meaning of the Constitution, hut mere agents or employees for a single and special purpose, whose functions .are at an end upon the completion of the work.</p> <p>3. Same. A person employed for a special and single object, in whose employment there is no enduring element, nor designed to be, and whose duties, when completed, although years may he required for their performance, ipso facto terminate the employment, is not an officer, in the sense in which that term is used in the Constitution.</p> <p>4. Same—in determining who arre—practice under the Constitution map he considered. In determining whether these commissioners are “ officers,” it is proper to take into consideration the uniform, contemporaneous and continuous construction given by the legislature since the adoption of the Constitution, to the clause in question, and from the construction thus given it, it must he concluded, that they are not to he regarded as “ officers,” and that such clause has only reference to such officers as had some portion of the functions of government committed to their charge.</p> <p>5. Fobmeb decisions. The cases of Dickson v. The People, etc., 17 Ill. 191, and The People v. Ridgely et al., 21 id. 65, cited and explained.</p> <p>6. Constitutional law—concerning the exercise of the power to declare legislative acts unconstitutional. The presumption is always in favor of the validity of a law, and unless it is in plain and obvious conflict with the Constitution, this court will not pronounce against its constitutionality. And in doubtful cases, the doubt should he

Judges: Breese, Walker

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