Crook v. People ex rel. Jayne

Citations

• 106 Ill. 237
• 1883 Ill. LEXIS 164

Syllabus

<p>1. Municipal oobpobation—charter subject to repeal. Municipal charters are subject to repeal or amendment, at the pleasure of the legislative power granting them.</p> <p>2. Same—effect of repeal on tenure of office. The absolute and unconditional repeal of a municipal charter abolishes all offic'es under it, and the substitution of another charter with inconsistent provisions, without any saving clause as to the rights of officers under the former charter, will have the same effect.</p> <p>3. Same—no rested right in municipal office. There is no such thing as a vested right, in the strict sense of that term, in a municipal office, that places it above legislative control. The same power that creates such an office can abolish it.</p> <p>4. Cities and villages—reorganization under general law—effect on tenure of offices under special charter. The adoption of the general law of 1872 for the incorporation of cities and villages, by a city organized under a special charter, is an abrogation of the special charter, and determines the tenure of all offices under the special charter, except such as are within the saving clause of the general act.</p> <p>5. Same—what offices provided for in general law—and how others may be created. Under the general Incorporation law, provision is made for the election only of a mayor, a city council, a city clerk, a city attorney, and a city treasurer. All other offices that may be deemed necessary .or expedient for the city government must be provided for by the city council, and the officers to fill them are to be either elected by the legal voters, or appointed by the mayor, with the approval of the city council, as shall be provided by ordinance.</p> <p>6. Same—what officers hold over on adoption of general law. The “officers in office” at the time of the adoption by a city of the general incorporation act, that “shall exercise the powers conferred upon like officers” in the general law until their successors shall be elected and q