Caption: Booklet - UI Charter of Freedom (1942)
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82 highway paving contracts theretofore awarded to pc titione M Histr Fulton saying i p. 411 We believe that mandamus will not lie to control the exei ise of a discretion where there is room for an honest difference of opinion but that it will like to prevent a cl ir abuse of discretion or to control a discretion exercised contrary to an applicable rule of law. Where there has been unlawful denial of a clear duty on the part of a public official, the citizens to whom such right or duty is owing may secure its performance by the writ of mandamihIn the case at bar the conduct of the Attorney Genral in ordering the Board to desist performance of and r> Public Accounts b hold their compensation pursuant to such contracts i wholly unsolicited by either | and his conduct in intruding himself into the procc ding in the Circuit Court of Cook County and pretending to represent the def ndants named therein when he had never consulted or advised with them, can scarcely be labeled even as an abuse of discretion. It i a pure usurpation of power not granted the Attorney Gi ral of this State. He has no pov r gi\ n him by the Co: :ution or the statutes of this State to 01 the B ard of Trust 3 of the University to do any thin ither has he the pov r to so order the Auditor of Public Accounts or any other State or constitutional officer. Obviously he has no power to diet ah to an agi y of the ; al A lbly or by Intervention i ideavor to assume the power. • N o Orlea) etc. v. Ne%o Orleans 1 I .. Ann. 4. 2 Van Duke v. Sta!< 24 Ala. SI ( in in the i tion of the General Assembly were he to aj ar before on of its committees appoin d and • npowi l to perform certain functions desired by th Legislatun Investigatory or other\\i and
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