Knickerbocker v. People ex rel. Butz

Citations

• 102 Ill. 218
• 1882 Ill. LEXIS 19

Syllabus

<p>1. Probate courts—constitutionality of the act restricting them to counties having a population of 70,000 or more, thereby excluding some counties which have a population exceeding 50,000. Section 20 of article 6 of the constitution of 1870 declares: “The General Assembly may provide for the establishment of a probate court in each county having a population of over 50,000.” This is construed to mean that the General Assembly may, in its discretion, establish a probate court in any one or more of the counties in the State, at any time it may deem proper, subject only to the limitation that such court can not be established in any county which has not a population exceeding 50,000.</p> <p>2. So it is held, the act of 1877, “to establish probate courts in all counties having a population of 100,000 or more,” and the amendatory act of 1881 extending the provisions of the act of 1877 to all counties in the State having a population of 70,000 or more, are constitutional, notwithstanding the fact that there are counties in the State which contain a population of over 50,000, but do not contain a population of -70,000, and so are excluded from the operation of either of the acts.</p> <p>3. Same—effect of sec. 29 of art. 6, in respect to uniformity of laws concerning courts. Section 29 of article 6 of the constitution, prescribing the rule of uniformity in respect to all laws relating to courts, is not to be understood as a limitation upon the power of the legislature, as conferred by section 20 of that article, to establish probate courts at such times as it may think proper, and to determine the necessity for such a court in any particular instance. The only object of section 29 was to prohibit special legislation concerning certain matters affecting courts, in all cases where the object of the legislature could be attained by the adoption of a general law. The purpose was to require all laws relating to “the organization, jurisdiction, powers, proceedings and practice