Holden v. People ex rel. Wallace

Citations

• 90 Ill. 434

Syllabus

<p>1. Office—term of West Chicago Park Commissioners. The term of office of a West Chicago park commissioner, appointed as a successor to one of those which constituted the first board, is limited to seven years.</p> <p>2. Same—when Governor may appoint successor of park commissioners. The Governor is 'authorized by law to appoint persons to fill vacancies in the offices of the West Chicago Park Commissioners, whenever they occur by expiration or otherwise, without being notified of there being vacancies. The statute requiring the fact of vacancies to be certified to the Governor is not a limitation upon his power to fill vacancies,-—-it is directory merely, and designed only to give him information of vacancies.</p> <p>3. Quo warranto—of the issues to he tried. An information in the nature of a quo warranto can only be answered by a disclaimer of title, or by showing title. It is not competent in such proceeding to try the question whether the defendant is guilty of usurpation in exercising the functions of the office after his title thereto had ceased.</p>