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Caption: Booklet - UI Charter of Freedom (1942)
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61 render services in matters of proper corporate interest, including the prosecution and defense of • # *>> suits W U932), the Court said: "The pow plied as it necessarily is from the legislative grant to sue and defend, is not wholly taken away by statutory provisions creating the office of city attorney, prescribing the duties of that officer and restricting the payment of city funds to regular city employees and officers." This rule was laid down despite a statute which provided, as the Court says, that the city attorney "shall on behalf of the city, prosecute or defend all actions in which it is a party." (Italics are ours.) There is no such constitutional or statutory provision in Illinois, but if there were, it still would not deny the Board the right to employ counsel of its own. The act establishing the State Bank of Illinois was approved in February 1821. It created "a body corporate and politic" with power "to sue and be sued, plead and be impleaded * * *" (Laws of Illinois, 1821, pp. 80-81. i The Illinois Industrial University, now the University of Illinois, was created and empowered to act in identical phrases. (Laws of Illinois, 1867, p. 123. i The Bank was later made "the fiscal agent of the State." I Laws of Illinois, 1836-37, p. 21.) This language indubitably gave the Bank the power to arrange for its own counsel, when it was a plaintiff or defendant in court. The officers of the Bank were later given the power, in their discretion, to call on the Attorney General and the circuit attorneys to prosecute any suits the Bank might institute, and. under the statute, it thereupon became his duty so l0 do but only when required to do so by the Bank's
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