KUSZEWSKI, 1269, Claimants, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimants sought salary for positions held but for which no appropriation was made by the Legislature. The court awarded specific sums to each claimant based on the Director of the Department of Labor's recommendation.

Claim type: Lapsed Appropriation

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

FEES AND SALARIES-when an award will be made for salary provided by OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

FEES AND SALARIES-when an award will be made for salary provided by statute. Where the statute fixes the amount of salary to be paid, but an insufficient amount is appropriated by the Legislature, an award will be made for the difference in the amount appropriated and the amount provided by Statute. HARRY SMITZ, for claimants. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE LEECH delivered the opinion of the court:

This is a claim filed on behalf of the above entitled claimants for salary provided for by statute, for the positions which they held, but for which no appropriation was made by the Legislature. This court made an award recommending to the Legislature that they appropriate to the same claimants in other claims for a different period of time, the difference in the amount of the salary which was appropriated by the Legislature and the amount which was provided by statute to be paid them. The Legislature appropriated for award and they have received it. They now ask the court to make awards for the period from January 1st, 1927, to July 1, 1927. Upon receipt of these claims that were forwarded to Hon. George B. Arnold, Director of Department of Labor, for report as to correctness of the facts therein set forth and advise as to what disposition to make of them, he reported and advised by letter, copy of which is with said files and in which letter said Director of Department of Labor recommended that awards be made in each of these cases as listed for salaries.

We accordingly award to Tony Blasi the sum of $500.00; to Hector Durante the sum of $500.00; to Martin Cannon the sum of $500.00; to Thomas Bouchier the sum of $400.00; to Louis J. Strelitsky, the sum of $400.00; to Fred L. Huchberger, the sum of $200.00; to William M. Rossell, the sum of $150.00; to Frank E. Arkuszewski, the sum of $50.00.