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

> Illinois Supreme Court · December 20, 1928 · 333 Ill. 304

URL: https://www.frixlaw.com/law-library/cases/3420282

## Case

- **Full name:** The People Ex Rel. the Bensenville Community High School District No. 100 Et Al. Appellees, vs. S. L. Rathje Et Al. Appellants
- **Court:** Illinois Supreme Court
- **Decided:** December 20, 1928
- **Citations:** 333 Ill. 304; 164 N.E. 696
- **Precedential status:** Published
- **Opinion:** Dissent by Farmer
- **Judges:** Farmer
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3420282

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3420282. Public record. Not legal advice.