People ex rel. Dunham v. Morgan

Citations

• 90 Ill. 558

Syllabus

<p>1. Park commissioners—statute authorizing vacancies to be filled by circuit judge not unconstitutional. The authority conferred by the statute on the judge of the circuit court of Cook county to fill vacancies in the offices of the South Park Commissioners, was not in violation of the constitution of 1848, or of any provision of the present constitution, and an appointment to fill such a vacancy, by each and every of the judges of the circuit court of Cook county, is valid and legal.</p> <p>2. Constitutional law—prohibition of one branch of the government from performing duties of another. The constitutional provision dividing the powers of the State government into three departments, and prohibiting one branch from exercising any power properly belonging to either of the others, except as is therein permitted, is general and does not define what acts may be performed by each department. That instrument has no provision which, in terms, declares that the appointment of municipal officers shall be exercised by one or another department, nor whether such appointment is the exercise of legislative, executive or judicial power. Such power seems to be only ministerial and may be conferred on persons holding judicial offices.</p> <p>3. Same—■power to levy taxes does not pertain to the executive or judicial department. Under the constitutional provision distributing the powers of the government, neither the executive department nor judicial department can levy and collect municipal taxes, but the legislature may confer that power upon such corporate bodies, and may vest the power directly in the corporate authorities chosen by the people, or may, in creating the municipality, confer the power on authorities to be appointed by some other functionary or individual, and submit the charter to the people, and if they adopt the same, that will be an assent by the people that such functionary may appoint the corporate authorities for their government.</p> <p>i. When the people