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Caption: Booklet - UI Charter of Freedom (1942)
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81 the right to its own counsel as an incident to its corporate life, "tacitc annexed," to use the words of Chief Justice Coke, uttered in 1612 in Sutton's Case, 10 Coke, 23a? Such is clearly the rule laid down in the cases cited in Sections V and VI of this brief. It is of course the duty of the Attorney General of Illinois to move against the University in case coming. If he be the sole legal adviser of the Board, there arises here a most extraordinary conflict of duty common 5 nanced! IX. Mandamus is the proper remedy. (a) The conduct of the Attorney General being arbitrary and without premise in law, his duty to repair the damage is mandatory. The law appears to be rather well settled that where a State or Federal board or officer acts in excess of jurisdiction or without authority, mandamus is the proper remedy to review and correct such action. (Garfield v. Goldsby, 211 U. S. 249, 261; Brans field Co. v. Kingery, 283 111. App. 405, 411 (3), opinion by Fulton, J.; 38 C. J. 660, Sec. 200.) We have heretofore referred to the first case, being the case in which the Supreme Court of the United States awarded a mandamus to correct arbitrary and unauthorized conduct on the part of the Secretary of the Interior. In the referred to, the Third Court damus the unauthorized assumption of authority by Works Buildings of this State in refusing to approve certain
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