Opinion

People Ex Rel. Bensenville Community High School District No. 100 v. Rathje

333 Ill. 304
164 N.E. 696

Court: Illinois Supreme Court
Filed: Dec 20, 1928
Status: Published
Author: Farmer
On the bench: Farmer
Cited by: 11 cases

The opinion

Mr. Justice Farmer,

dissenting:

I am unable to agree with the opinion of the court holding ' the act of 1927 unconstitutional. As I read the act and our decisions it is not subject to any constitutional objections. It is different from any act heretofore passed on by this court, and I am of the opinion that Milstead v. Boone, cited in the opinion, and many other decisions, hold the act free from constitutional objection. It is my firm conviction that it should have been sustained. It does not delegate legislative or judicial power to the board within the meaning of the constitution and does not delegate arbitrary power.

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