HARRIS DANTE, Claimant, v. STATE OF ILLINOIS, Respondent.
Case summary
The claimant, Harris Dante, sought $500.00 in back salary as Secretary of the Illinois Commission on Election Laws, claiming he was not paid for work from May 15, 1931 to June 30, 1931 because the appropriation was exhausted. The court, based on evidence and the Attorney General's recommendation, found the claimant entitled to the salary and recommended payment.
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Headnotes
- FEES AND SALARIES-when award will be made for unpaid salary. Where it appears that claimant has salary due for services performed, which was not paid because of appropriation therefor being exhausted, an award will be made upon recommendation of Attorney General.
The claimant, Harris Dante, claims that there is due him as Secretary of the Illinois Commission on Election Laws, the sum of Five Hundred Dollars ($500.00) in back salary. It is further claimed that as such secretary he received a salary of Four Thousand Dollars ($4,000.00) per year, payable in monthly installments of $333.33. He received his salary regularly from September 1, 1929 to May 15, 1931. He claims that he continued in this work up to and including June 30, 1931, and that there is a balance of salary of Five Hundred Dollars ($500.00) still due him. He says that the balance so due was not paid because the appropriation for the said Illinois Commission on Election Laws was exhausted and no funds were available for the payment of his salary. The claimant also filed a statement setting forth the amounts paid during the time of his employment from month to month. [*161]
From the evidence presented, and upon the recommendation of the Attorney General, we are of the opinion that the claimant is entitled to the salary claimed in the sum of Five Hundred Dollars ($500.00) and recommend the payment of same.