Repository: UIHistories Project: Booklet - UI Charter of Freedom (1942) [PAGE 28]

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to issue a license to a foreign insurance company entitling it to do business in the State (People v. Lowe, 340 111. 51) J to compel the Auditor of Public Accounts to issue a permit to organize a state bank (People v. Russell, 294 111. 283 i ; to compel election commissioners to submit proposition of local option to the voters of the City of Chicago {People v. Lueders, 287 111. 107); to expunge an order of a trial judge setting aside a forfeiture notwithstanding the existence of another remedy (People v. Sullivan, 339 111. 146) ; to compel the Circuit Court of Cook County to expunge a void order releasing a convicted prisoner on habeas corpus {People v. Fisher, 303 111. 430), and a void order setting aside a judgment {People v. Williams, 255 111. 450); and to compel the Sheriff of Cook County to execute an order of commitment where judges and clerks of elections have been found guilty of contempt, notwithstanding a writ of habeas corpus issued by a trial court had discharged them from custody. {People v. Hoffman, 322 111. 174.) While we are aware of the fact that no rigid rules can circumscribe this Court in the exercise of its prerogative right in mandamus, we respectfully submit that the admitted facts show a more impelling necessity that the relief prayed for be granted than was the case in any of the causes hereinbefore set forth. We submit, further, that the rights, interests and franchises of the State and the rights and interests of the whole people are in need of protection because the acts complained of in the petition directly affect the public at large and materially interfere with a public corporation of this state in its effort to perform duties of a public and general interest and concern imposed on it by the General Assembly. Thus in Young v. Regents of the State University, 83 Kan. 245. the Supreme Court of Kansas said (p. 247) :