People ex rel. Bussey v. Gaulter

Citations

• 149 Ill. 39
• 36 N.E. 576

Syllabus

<p>1. Pees and salaries—constitutionality of act relating to. The act of 1893, amendatory oí section 33 of the act concerning fees and salaries, as construed by this court, and which requires the payment of ten dollars, to be taxed as costs, to the clerk of a court of record by a party bringing suit, instead of six dollars, as it was before, is a valid and •constitutional law.</p> <p>2. The act of 1893, increasing the amount of costs to be paid to clerks -of courts of record, does not violate the provision of the constitution which prohibits any increase in the fees, salary or compensation of •certain officers during their terms of office, as such officers’ fees are not •thereby increased.</p> <p>3. Same—■<>/ county officers in excess of their salaries are to be paid into the county treasury. By section 9 of article 10 of the constitution of 1870 all the fees, perquisites and emoluments of the clerks of courts of record in Cook county above $3000, the amount of their salaries, are required to be paid into the county treasury, and any increase in taxable costs will not in any manner increase the salaries of such clerks.</p> <p>4. Constitutional law—doubts solved in favor of validity of statute. Courts ought not to declare an act of the legislature invalid unless it is in plain and obvious conflict with the constitution. When there is a reasonable doubt of the validity of a statute, such doubt should be solved in favor of the legislative action, so as to sustain the statute. The courts should so construe a law as will make it valid.</p> <p>5. Statutes—rule of construction. Where the meaning of a statute is doubtful, a court will endeavor to ascertain the intention of the legislature in framing it; and this intention may be ascertained by considering the whole act, and construing one part by another, and one •clause with reference to its connection with other clauses.</p> <p>6. A thing within the intention is within the statute though not within the letter, and a thing