CHARLES A. TOWNLEY, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Claimant, an Assistant Commerce Commissioner, served from October 1921 to December 1924. The legislature failed to appropriate sufficient funds to pay his full statutory salary of $5,000 per year, leaving a balance of $1,416.61. The court awarded that amount, holding that the legislature's failure did not relieve the State of its duty to pay the statutorily fixed salary.

Claim type: Employment Back Pay

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Headnotes

FEES AND SALARIES-when award will be made for additional salary due OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLE-

FEES AND SALARIES-when award will be made for additional salary due Assistant Illinois Commerce Commissioner. Where the statute fixes the salary of Assistant Commerce Commissioner and the Legislature fails to appropriate sufficient funds to pay it, such failure of the Legislature to appropriate sufficient funds does not relieve the State from its legal duties to pay the amount provided by statute and an award will be made. BENJ. S. DEBOICE, for claimant. OSCAR E. CARLSTROM, Attorney General; FRANK R. EAGLETON, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

Claimant was appointed Assistant Commerce Commissioner October 31, 1921, and served the State in that capacity until December 1, 1924, at which time he retired from office.

The statute fixes the salary of Assistant Commerce Commissioners at $5,000.00 per year, and claimant was paid at that rate until July 1, 1923. The General Assembly of 1923 failed to appropriate sufficient funds to pay the salaries of the Assistant Commerce Commissioners in full for the ensuing two years; and for the seventeen months from July 1, 1923, to December 1, 1924, claimant was paid only $5,666.61 on his salary, leaving a balance due him of $1,416.61. The salary of claimant having been fixed by statute, the failure of the Legislature to appropriate sufficient funds to meet it did not relieve the State of its legal duty to pay it. Claimant is therefore awarded the sum of $1,416.61.