156 N.E. 305 | Ill. | 1927
Samuel Leland, a teacher in the public schools of the city of Chicago for more than fifteen years, presented his petition to the circuit court of Cook county praying for a writ ofmandamus commanding the board of education to re-instate him as a teacher in the public schools and restore him to the standing and compensation which he had enjoyed and received as such teacher on April 6, 1926, — the date of his transfer from regular class-room or supervisory service and assignment to the class of service known as the "emeritus service," pursuant to a rule of the board of education adopted on December 9, 1925, and amended on March 10, 1926, requiring all members of the teaching force who had reached the age of seventy years and had been in service in the public schools of the city of Chicago for at least fifteen years to be transferred from class-room or supervisory service and assigned to the emeritus service, in which they should be paid annually during their continuance in the emeritus service a sum equal to one-half of the average annual salary received during the ten years preceding transfer to the emeritus service but not less than $1500 nor more than $2500. The circuit court allowed an appeal directly to the Supreme Court, certifying that it appeared to the court that the cause involved the validity of the rule in question, and that by virtue of section 131 of the School law the rules, by-laws and regulations of the board of education were given the force of ordinances, and that the "court being of the opinion that the public interest requires that this cause be taken directly to the Supreme Court, does hereby certify that the questions presented in this cause are of great importance, and public interest requires that this cause be taken directly to the Supreme Court for consideration."
Section 118 of the Practice act provides that appeals from the circuit and superior courts of Cook county shall *322
be taken directly to the Supreme Court "in cases in which the validity of a municipal ordinance is involved and in which the trial judge shall certify that in his opinion the public interest so requires." In People v. Bergman,
This court has no jurisdiction of the appeal, and the cause will be transferred to the Appellate Court for the First District.
Cause transferred. *323