Donahue v. County of Will

Citations

• 100 Ill. 94
• 1881 Ill. LEXIS 73

Syllabus

<p>1. Cbbtiobabi—of the return to the common law writ. The purpose of the common law writ of certiorari is to have the entire record of the inferior tribunal brought before the court for inspection and judgment thereon. It requires no return of the evidence or certificate of facts outside the record, and the trial must be had upon the record alone.</p> <p>2. Same—judgment. If it appears from the return to the writ that the-inferior tribunal had jurisdiction, and had not exceeded it, and had proceeded according to law, the writ should be quashed; but if the court finds that the inferior body had no jurisdiction, or exceeded it, or had not proceeded according to law, it should quash the proceedings shown by the return.</p> <p>3. Officebs—legislature may authorise county board to remove county treasurer. Section 15 of chap. 36, Rev. Stat. 1874, which authorizes county boards to remove county treasurers from office for a neglect or refusal to render an account, or make settlement when required by law or such board, or when he is a defaulter, or is in arrears with the county, etc., is not in contravention of any constitutional provision, but is a valid law.</p> <p>4. Same—county treasurer is not a State officer. A county treasurer, though commissioned by the Governor, and required to collect State revenue, is not a State officer, and, therefore, sec. 15 of art. 5 of the constitution of 1870, making all State officers liable to impeachment for misdemeanors in office, has no application to such officer.</p> <p>5. Constitution—deprivation of properly without due process of law. That clause in the Bill of Bights that no person shall be deprived of life, liberty or property without due process of law, is not infringed by a statute giving the county board power to remove a county treasurer from office for nonfeasance or malfeasance in office, without a trial in a court of law, there being no such thing as title or property in a public office, within the meaning of that provisi