Opinion
Nos. 23151, 23217. Writs dismissed.
Opinion filed October 14, 1936 Rehearing denied December 2, 1936.
WRITS OF ERROR to the Second 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, together with Mollie Talbot and Herman H. Maggid, were in the county court of Cook county found guilty of misbehavior as election officials and sent to prison for contempt of court. These proceedings were had under the act relating to Elections, (Smith-Hurd Stat. 1933, chap. 46, art. 2, sec. 13,) which provides for the summary punishment for misbehavior on the part of judges and clerks of election. The Appellate Court reversed the judgments as to Talbot and Maggid and affirmed the same as to plaintiffs in error. The causes are here on writs of error, and have been consolidated.
The question first presented is one of jurisdiction. This court has held in People v. Greenzeit, 363 Ill. 347, People v. Benjamin, id. 344, People v. Ford, id. 340, and People v. Kotwas, id. 336, that this type of proceeding is not a criminal case within the purview of section 11 of article 6 of the constitution and that a writ of error does not lie from this court to review the judgment of the Appellate Court. For the reasons stated in those opinions the writs of error are dismissed.
Writs dismissed.