Opinion
No. 23174. Writ dismissed.
Opinion filed April 17, 1936 Rehearing denied June 3, 1936.
WRIT OF ERROR to the Third Division of the Appellate Court for the First District; — heard in that court on writ of error to the County Court of Cook county; the Hon. J.G. VANKEUREN, Judge, presiding.
SIMON HERR, for plaintiffs in error.
OTTO KERNER, Attorney General, THOMAS J. COURTNEY, State's Attorney, and A.B. DENNIS, (JOHN F. CASHEN, JR., of counsel,) for defendant in error.
Plaintiffs in error, Abraham Benjamin, Joseph Kodic, Robert Bell and Frank Kyzivat, who were judges and clerks of an election held in Chicago, November 8, 1932, were found guilty of contempt of court by the county court of Cook county. The proceedings were had pursuant to the statute (Smith's Stat. 1933, chap. 46, art. 2, sec. 13,) which provides for the summary punishment for misbehavior by judges and clerks of election. The judgments against the plaintiffs in error have been affirmed by the Appellate Court for the First District and the cause is here on a writ of error.
The question presented by this writ of error is identical with that considered and passed upon in People v. Kotwas, ( ante, p. 336.) For the reasons stated in our opinion in that case the writ of error will be dismissed.
Writ dismissed.
Mr. JUSTICE HERRICK, dissenting.
Mr. JUSTICE WILSON took no part in this decision.