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Caption: Booklet - UI Charter of Freedom (1942)
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38 which is a constitutional procedure and in whi h the tights of all parties are determined after notice and an opportunity to be heard. (People v. Boar>l of Educa (ion, 101 111. 308, 312, 313.) A public or municipal corporation is a corporation within the meaning of the People v. Board of 101 111. 308, 312. 313; People v. Wilmette, 375 111. 420, 424.) There was also open to the Attorney General the well known remedy of information in equity, which is substantially the chancery counterpart of information in quo warranto. It lies, among other things, to restrain public or private bodies from unauthorized action or the misuse of public funds. (People v. Ingersoll, 58 N. Y. 1; In re Great Eastern Ry. Co., 11 Ch. D. 449; Hunt v. Chicago Horse and Dummy Ry. Co., 121 111. 638, 642.) The Attorney General refused to follow the beaten path of orderly procedure, either at law or in equity, but, choosing the tortuous road of legal innovation, he issued a peremptory order to respondent Lueder. in complete disregard of the rights of the petition rs. It will not do to urge that these orders are but th< gentle breeze of courtly counsel. They ai-e couched in the language of the manifesto, breathing suprem. power—using the "shall" of imperial and divine com mand. IV. The university is a public corporation of (|„» s a m , kind or class as municipal corporations; it j s n o j „ commission, board or department Of cither the ex ecntive or judicial department of the state govern ment, but a creature of the legislature with such pouei as the legislature confers upon it. At this point it might not be amiss to trac a briefh as possibh the position of the University in the St at
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