People ex rel. Miner v. Salomon

Citations

• 46 Ill. 333

Syllabus

<p>1. Mandamus—nature of—open to all the modes of pleading applicable to a declaration. An alternative mandamus is in the nature of a declaration, and is open to all the modes of pleading applicable to a declaration, the allegations of which may be traversed, confessed and avoided, by setting up facts which go to avoid its effect, or a question of law upon the facts stated, may be raised by demurrer.</p> <p>2. Same—of the return. Where the return to an alternative mandamus against an officer, to compel him to perform a certain official duty required by law, traverses no fact alleged in the writ, and confesses none, except the defendant’s refusal to perform the duty required, alleging the act of the legislature requiring such performance to be unconstitutional and void: Held, that the whole question involved, that is, the validity of such act, was fully presented by the return, with or without a demurrer by the relator.</p> <p>3. Constitutional law—unconstitutionality must be clear. The opposition between the law and the constitution must be clear and strong, otherwise, the law will be upheld. The presumption that the legislature have committed an unwarranted act will not be indulged; the fact must be clearly established. ■</p> <p>4. Same—concerning the act of 1867 amendatory of the revenue laws. The act of 1867, entitled “An act to amend the Revenue Laws, and to establish a State Board for the Equalization of Assessments,” is not unconstitutional.</p>