BISMARCK HOTEL CO. v. PETRIKO

No. 36080.

21 Ill.2d 481 (1961)

173 N.E.2d 509

BISMARCK HOTEL CO. et al., Appellees, v. FLORENCE PETRIKO et al., — (BENJAMIN S. ADAMOWSKI, State's Attorney, Appellant.)

Supreme Court of Illinois.

Opinion filed March 29, 1961.


Attorney(s) appearing for the Case

BENJAMIN S. ADAMOWSKI, State's Attorney, of Chicago, (FRANCIS X. RILEY, and JAMES R. THOMPSON, Assistant State's Attorneys, of counsel,) for appellant.

MacLEISH, SPRAY, PRICE & UNDERWOOD, CRANSTON SPRAY, ROBERT S. CUSHMAN, and EDWARD S. SILBER, all of Chicago, (WINSTON, STRAWN, SMITH & PATTERSON, SONNENSCHEIN, LAUTMANN, LEVINSON, RIESER, CARLIN & NATH, FRIEDMAN, ZOLINE & ROSENFIELD, WILLIAM HENNING RUBIN, LAWRENCE LENIT, and ALTHEIMER, GRAY, NAIBURG & LAWTON, all of Chicago, of counsel,) for appellees Bismarck Hotel Co. et al.; and DAVID F. SILVERZWEIG, and MYER H. GLADSTONE, both of Chicago, for appellee Rialto Service Company.


Judgment affirmed.

Mr. JUSTICE DAILY delivered the opinion of the court:

This is a direct appeal from a judgment of the circuit court of Cook County finding a tipping statute embodied in our Criminal Code to be unconstitutional and void in that it violates the due process clauses of both State and Federal constitutions. See: Ill. Rev. Stat. 1959, chap. 38, pars. 551, 552, 553.

The tipping statute, which was...

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