{
  "id": 2929611,
  "name": "The People of the State of Illinois ex rel. Joseph H. Macauley, Appellee, v. James H. Burdette et al., Appellants",
  "name_abbreviation": "People ex rel. Macauley v. Burdette",
  "decision_date": "1917-10-09",
  "docket_number": "Gen. No. 22,902",
  "first_page": "365",
  "last_page": "366",
  "citations": [
    {
      "type": "official",
      "cite": "207 Ill. App. 365"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 191,
    "char_count": 3195,
    "ocr_confidence": 0.553,
    "sha256": "13d9759d23c6ca6d2eee3c1ee1f77baa314a61274806ab29ff81fa6edf9c3314",
    "simhash": "1:c364ce67d107129c",
    "word_count": 535
  },
  "last_updated": "2023-07-14T19:52:34.192092+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "The People of the State of Illinois ex rel. Joseph H. Macauley, Appellee, v. James H. Burdette et al., Appellants."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Barnes\ndelivered the opinion of the court.\n2. Civil service, \u00a7 16 \u2014 what presumption does not arise as to jurisdiction of commission. The jurisdiction of the State Civil Service Commission will not be presumed, but it must appear on the record.\n3. Civil service, $ 26* \u2014 how jurisdiction of commission should he shown. The jurisdiction of the Civil Service Commission should be shown in the return to a writ of certiorari to review its action in ordering the discharge of a clerk in the State grain inspection office, on the ground that he was seeking an office in violation of a rule of the commission.\n4. Civil service, \u00a7 26* \u2014 when return of commission to writ of certiorari is insufficient to show jurisdiction. A return of the State Civil Service Commission to a writ of certiorari sued out to review the commission\u2019s action in ordering the discharge from service of a-clerk in the State grain inspection office, which merely recites the filing of a charge \u201cthat in violation of Rule No. 4, Section No. 10, of the State Civil Service Commission, he is seeking the office of assessor in the Town of Berwyn, in the County of Cook, State of Illinois, at the election to be held April 7, 1914,\u201d without setting forth such rule, or what it prescribes, and also recites the serving of relator with notice of the hearing, the holding of the same, the commission\u2019s finding that the charge was proved, its order for petitioner\u2019s discharge, and its certification to the appointing officer with directions to enforce the order, is insufficient to show jurisdiction of the subject-matter of the commission\u2019s proceedings, and the quashing of the record of such proceedings is warranted.",
        "type": "majority",
        "author": "Mr. Presiding Justice Barnes"
      }
    ],
    "attorneys": [
      "John J. Poulton, for appellants.",
      "Gideon S. Thompson, for appellee."
    ],
    "corrections": "",
    "head_matter": "The People of the State of Illinois ex rel. Joseph H. Macauley, Appellee, v. James H. Burdette et al., Appellants.\nGen. No. 22,902.\n(Not to be reported in full.)\nAbstract of the Decision.\n1. Civil service, \u00a7 10 \u2014 what capacity commission acts in. The State Civil Service Commission acts as an inferior tribunal.\nAppeal from the Circuit Court of Cook county; the Hon. Oscab M. Torrison, Judge, presiding. Heard in the Branch Appellate Court at the October term, 1916.\nAffirmed.\nOpinion filed October 9, 1917.\nStatement of the Case.\nCertiorari by the People of the State of Illinois on the relation of Joseph H. Macauley, petitioner, against James H. Burdette and others, constituting the State Civil Service Commission, respondents, to review the action of respondents in ordering relator\u2019s discharge from service as a clerk in the State grain inspection office on the charge \u201cthat in violation of Buie No. 4, Section No. 10, of the State Civil Service Commission, he was seeking the office of assessor in the Town of Berwyn, in the County of Cook, State of Illinois, at the election to be held April 7,1914. \u2019 \u2019 From the quashing of the record of respondents\u2019 proceedings shown by their return to the writ, respondents appeal.\nJohn J. Poulton, for appellants.\nGideon S. Thompson, for appellee.\nSee Illinois Notes Digest, Yols. XI to XV, and Cumulative Quarterly, same topic and section number.\nSee Illinois Notes Digest, Vola. XI to XV\u00bb and Cumulative Quarterly, same topic and section number."
  },
  "file_name": "0365-01",
  "first_page_order": 391,
  "last_page_order": 392
}