Scanlan v. State of Illinois — 6 Ill. Ct. Cl. 217

WILLIAM M. SCANLAN, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant sought unpaid salary balance of $1,000 for service as Officer and Chairman of the Industrial Commission, alleging that a legislative salary reduction during his term violated the constitutional prohibition against diminishing salary during a fixed term. The court awarded the full amount.

Claim type: Employment Back Pay

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 additional salary.

FEES AND SALARIES-when an award will be made for additional salary. Where the Statute creates the office of Chairman of the Industrial Commission and fixes the salary of such office and subsequently during the incumbency of such officer, the Legislature changes the term of the office and fixes the salary at a lesser amount. Held: that the claimant is entitled to the salary provided by Statute during his term of office, on the grounds that under the State Constitution, the salary attached to any public office having a fixed term, shall not be increased or diminished during that term. WILLIAM M. SCANLAN, pro se. OSCAR E. CARLSTROM, Attorney General; ROY D. JOHNSON, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

On the 23rd day of June, A. D. 1925, claimant received a commission, confirmed by the Senate, as Officer and Chairman of the Industrial Commission of the State of Illinois, and served in that capacity until January 1st, A. D. 1929.

Prior to and on said June 23rd, 1925, the salary of said office was fixed by the Workmen's Compensation Act at Seven Thousand Five Hundred ($7,500.00) Dollars per annum, and the term of said office was fixed by the Civil Administrative Code at four years.

Subsequent to June 23rd, 1925, and during claimant's term of office, the Fifty-fourth General Assembly of the State of Illinois, by amendment effective July 1st, 1925, fixed the term of said office at two years and the salary of said office at Seven Thousand ($7,000.00) Dollars per annum.

Up to January 1st, 1927, claimant received salary at the rate of Seven Thousand Five Hundred ($7,500.00) Dollars per annum, and beginning January 1st, 1927, he received salary at the rate of Seven Thousand ($7,000.00) Dollars per [*218] amount, as appropriated by the Fifty-fifth General Assembly, leaving the balance of One Thousand ($1,000.00) Dollars due him for service rendered during those two years. He has filed his claim for said sum.

An examination of the various provisions of the constitution with reference to a change of salary during a term of office discloses that the salary attached to any public office having a fixed term shall not be increased or diminished during that term.

The Attorney General recommends that the claimant recover the unpaid balance of his salary.

It is therefore ordered that claimant be awarded the sum of One Thousand ($1,000.00) Dollars.