School Directors v. People ex rel. Roberts

Citations

• 79 Ill. 511

Syllabus

<p>1. Oath oe oeeice—inferior officer, when exempted from talcing. Where, b}r the law, there appears a manifestation of the intention of the legislature, that an inferior officer shall not be required to take an oath of office, there is a sufficient exemption from taking such oath, within the intent of the constitutional provision on that subject.</p> <p>2. Township tbeashreiis—core inferior officers, and not required to take an oath of office. Township treasurers are inferior officers, who ma37 be exempted by the legislature from taking the oath of office required by section 25 of article 5 of the constitution, and they have been so exempted, b37 the legislature not requiring such oath, in prescribing the prerequisites to their right to perform their official duties.</p> <p>3. Same—are the lawful custodians of district school funds. Township treasurers are,by statute, the only lawful depositaries and custodians of all district school funds, and they are the proper persons to make demand for such funds of any one unlawfully holding the same.</p> <p>4. Hence, where a petition for a mandamus to compel the school directors to pay over certain moneys, belonging to the school district, to the township treasurer, alleged a demand by the township treasurer, and by the trustees of schools, and the answer only denied the demand by the trustees, a demurrer to the answer was properly sustained.</p>