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PEOPLE EX REL. SCOTT v. POWELL

No. 41892.

42 Ill.2d 132 (1969)

246 N.E.2d 297

THE PEOPLE ex rel. William J. Scott, Attorney General, Petitioner, v. PAUL POWELL, Secretary of State, et al., Respondents.

Supreme Court of Illinois.

Opinion filed March 13, 1969.

Attorney(s) appearing for the Case

DON H. RUEBEN, LAWRENCE GUNNELS, JOHN C. ANGLE, and CALVIN J. COLLIER, all of Chicago, for petitioner.

JOHN E. CASSIDY, JR., of Peoria, for respondents.

Writ awarded.

Mr. JUSTICE HOUSE delivered the opinion of the court:

William J. Scott, the Attorney General, seeks in this original mandamus proceeding to test the validity of the appointment of 11 judges to the circuit court by the then Governor Samuel H. Shapiro. There is no dispute as to the facts.

On January 9, 1969, Paul Powell, the Secretary of State, certified to the Governor that certain judicial vacancies existed. The next day the Governor...

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