Chance v. County of Marion

Citations

• 64 Ill. 66

Syllabus

<p>1. Fees of county officers—special laws relating to, abrogated by the constitution. The last clause of section 11 article 10 of the constitution of 1870, abrogated all special laws relating to fees of township and county officers, in force at the time of the adoption of that instrument, and required that such officers should receive only such fees as were provided by laws of general operation throughout the State, until the meeting of the 'first general assembly thereafter.</p> <p>2. It seems that the effect of this clause was not only to repeal all such special laws in particular counties, but also to revive in such counties the general fee' bill laws of the State until the legislature should revise these laws when they came to classify the counties according to population.</p> <p>3. The twelfth section of the same article of the constitution, which provides that all laws fixing the fees of State, county and township officers, shall terminate with the terms respectively of those who might be in office at the meeting of the first general assembly after the adoption of the constitution, and gives the legislature the right to reduce the fees of existing officers, is not in conflict with the last clause of section 10 of same article. Section 10'repealed all special laws, while section 12 was intended to do away with the general laws on the subject of fees for such officers at the end of their terms of office.</p> <p>4. Constitutional law — construction — argument ab incorvoeniemti. Where a constitutional provision is plain and unambiguous, the fact that it may work great inconvenience or hardship to a particular class of officers or persons, furnishes no ground for the courts, by construction, to pervert its evident intention.</p> <p>5. Same—repealing statutes. A constitution being the organic law of the State, is supreme, and controls all other laws which are in force when it is adopted, or which are enacted after it comes into existence. Haying the power to preven