People v. Wall

Citations

• 88 Ill. 75

Syllabus

<p>1. Judiciary—constitutionality of act of 1877, creating new and larger circuits, The act of June 2, 1877, entitled “An act to divide the State of Illinois, exclusive of Cook county, into judicial circuits,” is not unconstitutional, but is authorized by sec. 13, art. 6, of the constitution.</p> <p>2. The constitutional provision relating to the judicial department provides for two systems for judicial circuits, one in which one judge only shall be elected, and another in lieu thereof, to be composed of greater population and territory, in which shall be elected not exceeding four judges. The first system was no doubt designed to be first adopted, giving the legislature a discretionary power to adopt the other in lieu thereof, and the constitution being silent as to when the power might be exercised, it is left to the legislature to determine when it will exercise it.</p> <p>3. Constitutional law—when power conferred may be exercised. Where the constitution confers a power upon the legislature without limitation as to the time of its exercise, it may be exercised at any time.</p> <p>4. Same—rule for construing. Words, when found in a constitution, as well as in a statute, are to be understood in their ordinary signification. That which is plainly expressed admits of no construction.</p> <p>5. Same—legislature has all power not prohibited,. It is an undeniable principle that, unless prohibited, the General Assembly possesses plenary power in all matters of legislation.</p> <p>6. Same—restriction as to changing circuits. The prohibition as to changing the boundaries of circuits, except at a session of the legislature next preceding the election of circuit judges, has no application to the formation of new and enlarged circuits under section 16 of article 6, in lieu of the prior circuits, but it is intimated that when new circuits are so formed, section 13 may operate as a limitation as to the time of changing such circuits.</p> <p>7. Same—term of office of circuit ju