People ex rel. German Insurance v. Williams

Citations

• 145 Ill. 573
• 24 L.R.A. 492

Syllabus

<p>1. Office—duty to accept—enforced by mandamus. The refusal of a person duly elected or appointed to a public office, if he is eligible, is an offense at common law, and punishable as such. A party who has been elected to an office owes a duty to the public to qualify himself therefor, and to enter upon the discharge of his duties, and he may be compelled by mandamus to assume the duties of such office.</p> <p>2. A person duly elected to the office of town clerk, who is eligible, on refusal to qualify on notice of his election or appointment, may be compelled to qualify and assume the duties of his office by the writ of mandamus, on the relation of any one interested in the discharge of any duty of the office, without any formal demand to accept the office.</p> <p>3. Same— right to resign. An office being regarded as a burden on the appointee, which he is bound, in the interest of the public, to bear, he has not the right of his own motion to resign the same. His resignation will not become effective to relieve him from the duties of the office until accepted by lawful and competent authority.</p>