Repository: UIHistories Project: Board of Trustees Minutes - 1908 [PAGE 197]

EXTRACTED TEXT FROM PAGE:

1907]

PEOCEEDINGS OF THE BOAED OF TRUSTEES.

169

It is a legislative prerogative to deal with and dispose of the property of the State. This can be done only by an act, not by a resolution. The State exercises its sovereign will not by resolution, but by statute: The will of the people is crystallized into law in the manner provided in the Constitution. Any resolution, bill or proceeding given the force of law is an act. Is this resolution, therefore, a statute? It will be noted that this joint resolution does not have a title. It has no enacting clause. The journals of the House and Senate do not show that it was read at large upon three different days in each house. The journals do not show that upon its final passage the yeas and nays were called. It was not presented to the Governor.nor was it approved by him. It is well settled that under the Constitution of this State, the constitutional requirements as to the* mode of passage of a law or mandatory and must be observed before a bill, resolution or other proceeding can have the force and effect of a statute law. Our court has held that a joint resolution is not a law. Burritt v. Commissioners of State Contracts, 120 111., 322. Other states having similar constitutional provisions hold in accordance with the Illinois court. Mullen v. State, 114 Cal., 578 Collier Lithographing Co. v. Henderson, 18 Col., 259. Mayor v. Rice, 91 Ind., 546; Boyer v. Crane, 1 W. Va., 176; Rice v. State^ 93 Ind., 33. I am of the opinion, therefore, that said joint resolution is without operative force to confer any irrevocable rights upon the street railway company and is not binding upon the board of trustees of the University of Illinois. ' , ' i I j 111 111 Very respectfully,

W. H. STEAD,

Attorney General. The president of the board was authorized to sign petitions for franchises to be granted to the street railway company when all ar-> rangements as to the crossing have been satisfactorily concluded by the committee.

A R C H I T E C T FOR N E W B U I L D I N G S .

The committee on the question of an architect for new buildings reported progress and was given further time. I t was voted to appoint a Committee on Legislation, consisting of the President, President Abbott and Mr. Lehman, to take into consideration the question of the State Architect in relation to the State University.

ADVISORY C O M M I T T E E S .

The secretary has just received and inserts here the Attorney General's opinion on the question of the effect of the provisos in the agricultural appropriations bill with regard to the appointment of advisory boards.