{
  "id": 5069377,
  "name": "Charles Kern, Treasurer, v. The People of the State of Illinois, ex rel.",
  "name_abbreviation": "Kern v. People",
  "decision_date": "1892-03-19",
  "docket_number": "",
  "first_page": "181",
  "last_page": "183",
  "citations": [
    {
      "type": "official",
      "cite": "44 Ill. App. 181"
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  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
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    "name_long": "Illinois",
    "name": "Ill."
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    {
      "cite": "123 Ill. 656",
      "category": "reporters:state",
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    {
      "cite": "44 Ill. 198",
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      "cite": "38 Ill. 274",
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    {
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    {
      "cite": "4 Gil. 221",
      "category": "reporters:state",
      "reporter": "Gilmer",
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    },
    {
      "cite": "99 Ill. 439",
      "category": "reporters:state",
      "reporter": "Ill.",
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  "analysis": {
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  "last_updated": "2023-07-14T16:00:30.730018+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [],
    "parties": [
      "Charles Kern, Treasurer, v. The People of the State of Illinois, ex rel."
    ],
    "opinions": [
      {
        "text": "Waterman, P. J.\nThe question presented by the record in this case is whether, under the provisions of the following statute, enacted in 1891\u2014\n\u201c Section 1. Be- it enacted by the people of the State of - Illinois, represented in the General Assembly, that section forty-five (45) of an act entitled, \u2018 An Act to Provide for and \u00a1Regulate Fees and Salaries,\u2019 approved March 28, 1874, in force July 1, 1874, be amended so as to read as follows:\nSec. 45. The fee of each juror attending an inquest held over a dead body shall be one dollar per day, payable out of the county treasury, upon the certificate of the coroner or acting coroner of the county wherein the inquest was held \u201d\u2014 it is the duty of the county treasurer to pay jurors sitting on inquests upon the certificate of the coroner, or whether he may refuse to pay such jurors until they present a warrant signed by the president of the county board.\nThe statute of 1874\u2014Sec. 44 of Chapter 53, \u201c Fees of Jurors\u2019\u2019\u2014provided that the clerk of the court should furnish to each juror, wrhen discharged from service, a certificate of the number of days attendance at the term, etc., and that upon presentation of such certificate to the county treasurer \u201c he shall pay to such juror the sum as above provided, for his service.\u201d\nSec. 45 was: \u201c The fee of each juror attending an inquest held over a dead body shall be one dollar per day, payable out of the county treasury.\u201d\nIn 1887 the legislature enacted what is known as the \u201c budget law,\u201d for the administration of the finances of Cook county; that law, after making the county clerk of Cook county ex officio comptroller of the \u201c county financial affairs,\u201d continuing declares \u201che shall sign all warrants drawn upon the treasurer, which shall be countersigned by the president of the board, and the same shall state therein the particular fund or appropriation to which the same is chargeable.\n\u201cHo money shall be paid out of the county treasury except upon such warrants so drawn; nor shall any warrant be issued except against an appropriation theretofore made by the county hoard in accordance with section 61 of this act.\u201d\nWe do not think that it was the intention of the legislature by the act of 1891, amendatory of Sec. 45 of the Fees and Salaries Act, to repeal any portion of the \u201c budget act,\u201d or to make the fees of jurors serving on coroners\u2019 inquests, an exception to all the other expenses and disbursements of the county. The statute of 1874 failed to declare how jurors serving upon inquests should obtain their certificates showing the amount to which they are entitled; the act of 1891 has supplied this omission, in perfect consistence with the act of 1891. The juror may now apply to the county comptroller, and is upon presentation of the certificate given him by the coroner, entitled to a warrant upon the treasurer, provided an appropriation for such purpose has theretofore been made by the county board. Bepe\u00e1is by implication are not favored; and the repugnance between statutes must be clear and plain or such repeal will not take place. City of East St. Louis v. Maxwell, 99 Ill. 439-443; Bruce v. Schuyler, 4 Gil. 221; Board of Supervisors v. Campbell, 42 Ill. 490; Hume v. Garnett, 43 Ill. 297; City of Chicago v. Quinby, 38 Ill. 274; People v. Barr, 44 Ill. 198; Britz v. Kerr, 123 Ill. 656-662; Gilbert v. The County of Cook, Oct. term 1891, Ill. App.\nThere is no such necessary inconsistency between the \u201c budget law \u201d of 1887 and the act of 1891, as that the latter must be held to have repealed any portion of the former. They can be reconciled upon a reasonable hypothesis and must therefore each stand as enacted.\nThe order of the Circuit Court awarding a peremptory writ of mandamus is reversed. Order reversed.",
        "type": "majority",
        "author": "Waterman, P. J."
      }
    ],
    "attorneys": [
      "Mr. Francis W. Walker, for appellant.",
      "Messrs. Knight & Brown, for appellees."
    ],
    "corrections": "",
    "head_matter": "Charles Kern, Treasurer, v. The People of the State of Illinois, ex rel.\nStatutes\u2014Construction of\u2014Repeal by Implication\u2014Payment of Coroners' Jurors,\n1. Repeals of statutes by implication are not favored, and the repugnance between statutes must be clear, or such repeal will not take place.\n2. The so-called \u201c Budget law \u201d of 1887 was not repealed, as to its application to the payments of coroners\u2019 jurors, by the act of 1891 amending Sec. 45 of the act entitled \u201c Aoi Act to Provide for and Regulate Pees and Salaries,\u201d approved March 28, 1874.\n[Opinion filed March 19, 1892.]\nAppeal from the Circuit Court of Cook County; the Hon. George Dbiggs, Judge, presiding.\nMr. Francis W. Walker, for appellant.\nMessrs. Knight & Brown, for appellees."
  },
  "file_name": "0181-01",
  "first_page_order": 177,
  "last_page_order": 179
}