ILLINOIS STOKER COMPANY, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
The claimant sought $360.00 for repairs to a stoker at Illinois State Normal University. The court initially disallowed the claim because the appropriation was exceeded, but on rehearing, finding sufficient funds remained, it recommended the award.
Cases cited: Illinois Bell Telephone Company, No. 1558; Individual Towel and Cabinet Service Company, No. 1547
AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.
Headnotes
- CONTRACTS-when State not bound by contract made by State officer. Under section 30 of the Act in relation to State finance no officer has the right to contract any indebtedness on behalf of the State in excess of the amount of money appropriated. Individual Towel & Cabinet Service Co., et al., 6 Court of Claims Reports 106, adhered to.
- REHEARING-when may be granted. Where case is decided on grounds that appropriation made for claim was exceeded and it appears that same was not a rehearing may be granted.
- EQUITY AND GOOD CONSCIENCE-when award may be made. Where it appears that necessary repairs were made on heating apparatus in State institution on order of president thereof and that at the time, there was sufficient money in the appropriation made therefor and proper department has approved claim therefor, an award may be made on the grounds of equity and good conscience, after appropriation has been exhausted.
This is a claim brought to recover $360.00 for furnishing repairs to a certain stoker located upon the premises of the Illinois State Normal University at Normal, Illinois.
It appears that the president of this institution made arrangements for the repairs in question, that the repairs were installed and that the price claimed was reasonable, although there were certain issues as to whether or not certain general contractor should not be held liable for the repairs in question; however, that is not an issue determined by this court.
The court takes the same position as was taken in the case of the Illinois Bell Telephone Company, No. 1558 and the Individual Towel and Cabinet Service Company, No. 1547, in that the appropriation made by the General Assembly for the repair and maintenance as is made to the institution in this case, should be the guide in the matter of expenditures.
The Constitution of this State will not permit this court, or any other legal body to grant relief other than that permitted by the Legislature. The appropriation was made for repair [*63] and re-building and all repairs should be made through this appropriation. If any other rule should be adopted, no limitations would be considered in the matter of expenditures by any department of the State.
In other words, this institution and other institutions of the State should live within the means provided by the Legislature, the same as an employee would be required to live within the salary provided during the course of employment.
An employee cannot incur extra expenses or extra liability beyond the salary received, but look forward and provide for the payment of necessary expense from the emoluments to be received.
The court is of the opinion that claimant furnished material and performed services as claimed without authority.
This might appear unjust, but it is assumed that all persons must know the requirements of the law and assume all burdens imposed by the law in their dealings with the State of Illinois, the same as a private corporation, or an individual.
Therefore, the claim is disallowed.
A petition for rehearing having been granted by the court, the following opinion was rendered on rehearing: Mr. CHIEF JUSTICE CLARKY delivered the opinion of the court: The claimant asks the sum of Three Hundred and Sixty ($360.00) Dollars as the amount due for furnishing lower skids for repairs of a certain stoked located on the premises of the Illinois State Normal University, Normal, Illinois.
It appears that the Division of Architects and Engineering have approved said claim as being just and reasonable as was ordered by the president of the University.
The court heretofore disallowed the claim and thereafter granted a rehearing with the thought in mind largely as to the necessity of proper heating facilities. When the claim was disallowed the court had in mind the fact that the appropriation made for this purpose was exceeded. However, it appears now that when the contract was made for these repairs that there was sufficient funds left in the appropriation to care for same. However, the court wishes to have it understood that the first opinion filed contains principles that should be followed in that all the departments of the State should carry out their program within the means provided [*64] by the Legislature and that any petition filed in this court for relief should be from an equitable and good conscience viewpoint.
This claim appears to be within the idea sought to be conveyed by the above viewpoint and therefore this court recommends that the claimant be allowed the sum of Three Hundred and Sixty ($360.00) Dollars.