2 N.E.2d 314 | Ill. | 1936
Lead Opinion
Plaintiffs in error, who were judges and clerks of an election held in Chicago, November 8, 1932, were found guilty of contempt of court by the county court of Cook county, which imposed various sentences on the different parties. The citation was issued and the proceedings had pursuant to the statute (Smith's Stat. 1933, chap. 46, art. 2, sec. 13,) which provides for the summary punishment of misbehavior by judges or clerks of election. The judgments against the plaintiffs in error have been affirmed by the Appellate Court for the First District and a further review is sought by this writ of error.
The statute under which the plaintiffs in error were punished provides, in substance, that judges and clerks of election, appointed as therein provided, shall be commissioned by and become officers of the county court, "and shall be liable in a proceeding for contempt for any misbehavior in their office, to be tried in open court on oral testimony in a summary way, without formal pleadings, but such trial or punishment for contempt of court shall not be any bar to any proceedings against such officers, criminally, for any violation of this act."
Section 121 of the former Practice act, which was in effect prior to January 1, 1934, provided that judgments of the Appellate Court should be final, subject to certain exceptions, not here material, and except in cases "wherein appeals and writs of error are specifically required by the constitution of the State to be allowed from the Appellate Courts to the Supreme Court." Section 11 of article 6 of the constitution provides that writs of error shall lie from *338 this court to the Appellate Court, inter alia, "in all criminal cases."
In People v. Panchire,
In People v. Jilovsky,
It is further to be noted that the act expressly provides that no punishment administered pursuant to its terms shall be a bar to any criminal prosecution where the same facts constitute a crime. Furthermore, the provision permits punishment for "any misbehavior in their office." This could include many things not criminal in their nature which may be readily conceivable which would not amount to any form of crime. Upon reason, as well as authority, we are of the opinion that this is not a criminal case within the meaning of section 11 of article 6 of the constitution, and that we have no jurisdiction to review the judgment of the Appellate Court by writ of error.
The writ of error will therefore be dismissed.
Writ dismissed.
Dissenting Opinion
Mr. JUSTICE WILSON having delivered the opinion of the Appellate Court for the First District in People v. Benjamin, (post, p. 344,) and having participated in the decision of the Appellate Court in People v. Ford, (post, p. 340,) took no part in the decision of this case, which controls the decisions in both the Benjamin and Ford cases. *340