Wilcox v. People ex rel. Lipe

Citations

• 90 Ill. 186

Syllabus

<p>1. Park commissioners—are public officers. The West Chicago Park Commissioners are “officers,” within the meaning of the 10th, 11th and 12th sections of the 5th article of the constitution of 1870, providing for the appointment and removal of officers by the Governor. Those commissioners are not merely minor municipal or corporate officers, but they are agents, by whom, in part, the people of the State carry on the government. Their functions are essentially political, and concern the State at large, although such functions are to be discharged within the town of West Chicago.</p> <p>2. Office and officers—appointment by the Governor. Under section 10, article 5, of the constitution of 1870, there may be two modes of appointment to office by the Governor,—one by and with the advice and consent of the Senate, and the other by the sole and independent act of the Governor,, without the consent of the Senate. Under this section, it is competent for the legislature, by law, to create an office, and provide for the appointment of the officer without the assent of the Senate.</p> <p>3. Same—-Governor’s power, under the constitution, to remove officers appointed by him. Under section 12,. article 5, of the constitution, the power of the Governor to remove officers appointed by him, for incompetency, neglect of duty, or malfeasance in office, and fill the vacancy caused thereby, is not confined to officers appointed by and with the advice and consent of the Senate, but it extends to all officers appointed by the Governor, under the law, whether with or without the concurrence of the Senate.</p> <p>4. The substantive, principal thing of section 12, article 5, of the constitution, is, the power of removal from office contained in the first clause, and what follows in the last clause, as to filling vacancies, is incidental and subordinate. Under the rules of construction, therefore, the last clause should not be held to control and govern the first, but should yield to and b