# George v. People

> Illinois Supreme Court · May 11, 1897 · 167 Ill. 447

URL: https://www.frixlaw.com/law-library/cases/6967367

## Case

- **Full name:** Charles E. George v. The People of the State of Illinois
- **Court:** Illinois Supreme Court
- **Decided:** May 11, 1897
- **Citations:** 167 Ill. 447; 47 N.E. 741; 1897 Ill. LEXIS 2387
- **Precedential status:** Published
- **Opinion:** Dissent by Magruder
- **Judges:** Craig, Magruder
- **Cited by:** 68 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/6967367

## Opinion text

Mr. Chief Justice Magruder: I dissent from this opinion. The act is unconstitutional as being a delegation of judicial power to the prison board, a body which owes its existence to executive appointment. The highest and most delicate function of the judiciary is the administration of the criminal law; and to entrust the power to fix the ppuishment of convicted criminals to penitentiary wardens or prison boards, who hold their positions oftentimes as rewards for political service, is to endanger and jeopardize the rights and liberty of the citizen, and the peace and good order of society. It is the duty of courts to courageously declare the law as it is, and not to busy themselves with considerations of expediency, or convenience, or sentimentality.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6967367. Public record. Not legal advice.