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· 6/15/1872

People ex rel. Ely v. Rumsey

Citations

  • 64 Ill. 44

Syllabus

<p>1. OraroiAi/ stenographic reporters—act abrogates by constitution. The act of the legislature authorizing the appointment of official reporters in the courts of Cook county being a special act, not of uniform operation throughout the State, was abrogated by the constitution of 1870.</p> <p>2. Constitution o-e 1870—construction. Notwithstanding section 6 of the schedule authorized all persons holding office to be continued in the same until removed, yet if the constitution, in ahy of its provisions, has repealed the law under which the appointment was made, then the appointment must cease. ‘</p> <p>3. Same—effect on special legislation in respect to courts. Section 29 of article 6 of the constitution of 1870 was intended to abrogate all special legislation in regard to courts of a particular county or circuit, and to establish uniformity in the powers, practice and proceedings of all the .courts of the State of the same class or grade.</p> <p>4. A constitutional provision designed to remove an existing mischief should never be construed as dependent for its efficacy and operation upon legislative will.</p>

Judges: Thornton

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