Wulff v. Aldrich

Citations

• 124 Ill. 591
• 16 N.E. 886

Syllabus

<p>1. Fees and salaries—compensation of cownty officers—by whom to be fixed. Under the constitution of 1870, the county boards alone have the right and power to fix the compensation of county officers, except that of clerks of courts of record, of the treasurer, sheriff, coroner and recorder of the county of Cook.</p> <p>2. Same—county board of Cook county—by whom the compensation of its members may be fixed—constitutionality of the statute on that subject. Section 39 of chapter 53, of the Revised Statutes, fixing the per diem compensation of a member of the county board of Cook county at two dollars and a half, is in violation of section 10, of article 10, of the constitution, and therefore void. The county board of Cook county is alone invested with the power to fix the compensation of its own members.</p> <p>3. Same—the compensation of what officers may be fixed by the legislaturre. The legislature, in express terms, is invested with the power to fix the pay of all officers connected with the legislative, State, executive and judicial departments of the government, by specific provisions of the constitution.</p> <p>4. Constitutional law—presumption in support of legislative acts. It is settled law, that the presumption is in favor of the constitutionality of every legislative act, and that in cases of doubt every possible presumption and inference will be made in favor of the constitutionality of the act in question, and that the courts will only interfere in cases of clearly unquestioned violation of the fundamental law.</p>