{
  "id": 5271314,
  "name": "Civil Service Commission v. H. L. Kenyon",
  "name_abbreviation": "Civil Service Commission v. Kenyon",
  "decision_date": "1900-01-16",
  "docket_number": "",
  "first_page": "547",
  "last_page": "549",
  "citations": [
    {
      "type": "official",
      "cite": "86 Ill. App. 547"
    }
  ],
  "court": {
    "name_abbreviation": "Ill. App. Ct.",
    "id": 8837,
    "name": "Illinois Appellate Court"
  },
  "jurisdiction": {
    "id": 29,
    "name_long": "Illinois",
    "name": "Ill."
  },
  "cites_to": [],
  "analysis": {
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    "simhash": "1:e23563ab1b910258",
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  "last_updated": "2023-07-14T16:28:30.258939+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Civil Service Commission v. H. L. Kenyon."
    ],
    "opinions": [
      {
        "text": "Mr. Presiding Justice Horton\ndelivered the opinion of the court.\nAppellee was in the employ of the city of Chicago as an assistant engineer at the Chicago avenue pumping station. He was discharged for alleged misconduct in habitually sleeping while on duty. He commenced this proceeding by filing a petition for a mandamus against the \u201c Civil Service Commission of the City of Chicago.\u201d The prayer of said petition is that said commission be commanded \u201c forthwith to place petitioner in the position of the fifth grade mechanical engineer of the Chicago avenue wmter works * * * and to certify petitioner to such position.\u201d\nAppellee had been examined by said commission and had received a certificate as fifth grade mechanical engineer. Upon a hearing of the case the trial court entered an order directing that a writ of mandamus issue commanding said commissioner \u201c to certify the said petitioner to the position of assistant engineer at the Chicago avenue pumping station \u201d forthwith. It is from that order that this appeal is prosecuted.\nThe civil service commission of this city is not authorized to direct that a person named shall be employed in any particular place designated by the commission. Neither has such commission any power or authority to say whether an employe is needed to perform any designated service. The statute provides that \u201c the head of the department or office in which a position classified under this act is to be filled shall notify said commission of that fact, and said commission shall certify to the appointing officer the name and address of the candidate standing highest upon the register for the class or grade to which said position belongs.\u201d Also, that no such employe \u201cshall be removed or discharged except for cause upon written charges and after an opportunity to be heard in his own defense.\u201d Such charges are to be investigated by or under the direction of said commission.\nThis provision of the statute that an employe shall not be removed or discharged except for cause, etc., applies to the head of the department or office where he is employed. The commission has performed its full duty to such employe when it has examined him and given the proper certificate as to his qualifications. After that it has no control over him, and no duty unless or until written charges shall be preferred. The commission has no power to put him in any particular place of employment or to reinstate him if discharged. Whatever remedy appellee may have by reason of his discharge, he has none against said commission. His certificate has not been revoked. Ho written charges have been preferred against him. The commission has no authority to reinstate him. It has not now and never had any authority \u201c to certify the petitioner to the position of assistant engineer at the Chicago avenue pumping works,\u201d as it is commanded to do by said order.\nIt follows that the order directing that a mandamus issue was erroneous. A court should not assume to direct public officials to perform acts which they are not and never were authorized to perform.\nSaid order of the Superior Court directing that a mandamus issue is reversed. But as no proceeding can be sustained against said commission in the matter therein presented, the cause is not remanded. Reversed.",
        "type": "majority",
        "author": "Mr. Presiding Justice Horton"
      }
    ],
    "attorneys": [
      "Charles M. Walker, corporation counsel, and Granville W. Browning, first assistant, attorneys for appellant.",
      "Ernest Saunders, attorney for appellee."
    ],
    "corrections": "",
    "head_matter": "Civil Service Commission v. H. L. Kenyon.\n1. Civil Service Commission\u2014Authority, etc.\u2014The civil service commission of the city of Chicago is not authorized to direct that a person named shall be employed in any particular place designated by the commission. Neither has such commission any power or authority to say whether an employe is needed to perform any designated service.\n2. Same\u2014Statutory Provisions.\u2014The statute provides that the head of the department or office in which a classified position is to be filled shall notify such commission of the fact, and the commission shall certify to the appointing officer the name and address of the candidate standing highest upon the register of the class or grade to which said position belongs, and no such employe shall be removed or discharged except for cause, upon written charges and after an opportunity to be heard in his own defense.\n3. Mandamus\u2014To Compel the Commission to Act.\u2014An order directing that a mandamus issue to compel the civil service commission to place a discharged person in a position, as a mechanical engineer of the Chicago avenue water works, is erroneous.\n4. Same\u2014As Against Public Officers.\u2014A court should not assume to direct public officials to perform acts which they are not authorized to perform.\nMandamus.\u2014Appeal from the Superior Court of Cook County; the Hon. Arthur H. Chetlain, Judge, presiding. Heard in the Branch Appellate Court at the March' term, 1899.\nReversed.\nOpinion filed January 16, 1900.\nCharles M. Walker, corporation counsel, and Granville W. Browning, first assistant, attorneys for appellant.\nErnest Saunders, attorney for appellee."
  },
  "file_name": "0547-01",
  "first_page_order": 555,
  "last_page_order": 557
}