People ex rel. Rusch v. Benjamin, 363 Ill. 344 (1936)

April 17, 1936 · Illinois Supreme Court · No. 23174

363 Ill. 344

(No. 23174.

The People ex rel. John S. Rusch, Defendant in Error, vs. Abraham Benjamin et al. Plaintiffs in Error.

Opinion filed April 17, 1936

Rehearing denied Juno 3, 1936.

Herrick, J., dissenting.

Wilson, J., took no part.

Simon Herr, for plaintiffs in error.

Otto Kernel, Attorney General, Thomas J. Courtney, State’s Attorney, and A. B. Dennis, (John F. Cashen, Jr., of counsel,) for defendant in error.

Mr. Justice Shaw

delivered the opinion of the court:

Plaintiffs in error, Abraham Benjamin, Joseph Kodic, Robert Bell and Frank Kyzivat, who were judges and clerks of an election held in Chicago, November 8, 1932, were found guilty of contempt of court by the county court of Cook county. The proceedings were had pursuant to the statute (Smith’s Stat. 1933, chap. 46, art. 2, sec. 13,) which provides for the summary punishment for misbehavior by judges and clerks of election. The judgments against the plaintiffs in error have been affirmed by the Appellate Court for the First District and the cause is here on a writ of error.

The question presented by this writ of error is identical with that considered and passed upon in People v. Kotwas, {ante, p. 336.) For the reasons stated in our opinion in that case the writ of error will be dismissed.

Writ dismissed.

Mr. Justice Herrick, dissenting.

Mr. Justice Wilson took no part in this decision.