Circuit Court, 7th Judicial Circuit, Sangamon County
1911 township law uncorstitutional
Springfield Lake Shore Improvement Association v. City of Springfield, decided January 1975

In a case involving annexation of land adjoining Lake Springfield to the City of Springfield, Judge Waldo Ackerman held, among other matters, that the 1911 statute making Springfield coterminous with Capital Township is now unconstitutional. The basis for this is the requirement in the new Constitution that townships may be consolidated, merged, dissolved, or divided only when approved by referendum in each township affected (Art. VII, sec. 5). When the city is expanded, the township will not expand with it. '"Problems created will necessarily have to be solved by the legislature," Judge Ackerman stated. 

Executive Report


Attorney General's Opinions
Petty cash fund
No. NP-860, to State Comptroller George Lindberg, 1/17/75
A state office may establish a petty cash fund only with moneys not required to be paid into the state treasury. Appropriated funds may not be used for that purpose. The lieutenant governor receives no funds which are not appropriated. Consequently he may not establish a petty cash fund.

County officials' salaries
No. S-861, to Frank X, Yackley, state's at•torney, LaSalle County, 1/20/75

New elected county officials are entitled to the minimum salaries set by Public Act 78-1251, effective 11/27/74, even though the county board in a budget adopted earlier set their salaries at a lower level. Counties have only the powers granted them by the Constitution or by law, and they must fix salaries within limits set by the General Assembly. A county board can be ordered by a court to do so if necessary.

County board salaries
No- S-857, to Jack Hoogasian, state's atrney, Lake County, 1/17/75
Salaries of county board members may be changed prior to any general election at which board members are elected. However, this will be effective only as to that half of the members whose terms begin after the ordinance has been adopted because the Constitution forbids a salary change during an elected official's term of office (Art. VII, sec. 9(b)). The additional compensation allowed the board chairman, however, may be changed only when the board is reapportioned,

Highway superintendent's salary
No. NP-856, to Richard J. Doyle, state's attorney, Vermilion County, 1/17/75

Motor fuel tax funds may be used to pay the salary of the county superintendent of highways. The Highway Code allows a county board to use motor fuel tax funds allotted to a county for the construction of highways. The stated function of a county superintendent of highways as supervisor of highway construction is within this purpose.

When a private road is a highway
No. S-858, to Jack Hoogasian, state's attorney, Lake County, 1/L7/75
Whether a particular road is a "private road" or a "highway" must be determined on the facts in each case. The fact that a particular road is privately maintained does not necessarily make it a private road. Even if a road is private, motorists using it may not be completely immune from traffic law enforcement; it depends on the violation in question- Whether the sheriff patrols private roads is a matter in his discretion; however, the Vehicle Code affords a procedure for the sheriff to patrol private roads on the filing of written request by those desiring such service. 

Name
Appointments
John W. CarrolS of Park Ridge, a forrner Republican state senator, as representative to the House from the 4th District to fill the vacancy created by the death of Robert S Juckett.

Carlos Alberto Plazas of Chicago, an educator; Carolyn W. Bergan of Chicago, a civic leader; and Carl Busby of Ridge Farm an auctioneer and farmer, to fill vacancies on the State Board of Education (1/16/75)

John G. ASford of Elmhurst as assistant superintendent for planning; Nelson F. Ashline of East Greenwich, R.I., as assistant superintendent for program development and Warren B. Carson of Roselie as superintendent for budgets for the Stats Board of Education (1/13/75).

Kenneth W. Holland of Gardner as director of the Department on Aging (2/3/75), He was formerly director of the Department of Labor.

Thomas B. Kirkpatrick, Jr., as executive director of the Illinois Dangerous Drugs Commission (1/29/75). He was a fellow at the Drug Abuse Council, Inc., a private, not-for-profit research and policy analysis association, Washington, D.C., 1973-74.

Christopher P. Mariades of Springfield as director of personnel in the Office of Secretary of State (1/30/75), effective February 1.

Miriam Ringo, Hinsdaie, as director of operations in the office of William A. Red mond, speaker of the House.

Stephen Hardy of Carbondale as assistan superintendent for program services at the adult division of the Menard Psychiatry Center.

Albert C. Esquivel as assistant warden in charge of program services at Pontiac Correctional Center. Daniel E. Kiley of Decatur as administrator of the eastern district of the central correctional region Juvenile Division, Department of Corrections; George T. Troike as administrator of the western district; and Harry Singletary as administrator of the Cook County correctional region.

Mays C. Maxwell, M.D., of East St. Louis and Luis Yarzagaray, M.D, Highland Park, as members of the Medical Examining Committee, Department of Registration and Education.

Deaths
John C. Kluczynski, 78, congressman from the Illinois 5th Congressional District, died January 28 in his home.

Robert S. Juckett, Park Ridge, state representative from the 5th district, died February 2, of leukemia, at Lutheran General Hospital, Park Ridge. 

April 1975/Illinois Issues/125

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