Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1825-04-12
cefease and ,iseharse me demand, onl

whether therefore the act releasing lhlS
demand be valid or Ooid is the subject tc
be determined.
The first point presented in the cause
involves the inquiry whether county be
comhetent to take This penalty, created by
The legislature for violation Of the ac
of 3oth OF March, 1919!
ID Ii so, did this penalty become vest
ed IN the counly-is 1t Vested riShf {
Sd. Did the Legislature POSSESS the
hover 20 release it j?
; BY an Act passed Esd March, 1919,
The. counties OF this STATE, are made oo-
dies hoEtic and CORPORATE ; they may sue
and be sued, plead and be implicated IN
the courts u lnstlce OF the state. The
same act makes the county commission
crs their representatives, and who are to
prosecute and defend suits in behalf OF
the counties. What their rights would
have been independent of this act OF in
corporation we need not inquire; by i,
their rights and obligations in this re-
spect, are certainly placed as high as
those OF individuals This act has made
counties to be persons, in law, for certain
purposes and while they act within tie
scope of their legitimate powers, their
acts are valid and binding In this view,
their capacity to acquire legal rights, as
we'll as those given by the act OF 3oth
Of March, 1919, is complete; This po-
sition is strengthened by the acquies-
cence in its exercise as to similar rights
ever since the adoption Ut the constitu-
ton. The act therefore, Incorporating
the counties, made this one which is
plaintiff, capable of taking the penalty
which was given Tor violation OF the
Sd section of the aut of 3oth March,
1919.
The other points il the cause are more
important. That the legislature can
pass laws and, with perhaps few excep
tons, repeal Them at pleasure was never
questioned, but that they can by such
repeal, or in any other way divest rights,
created under their acts, is not admitted,
think it can be shown upon primer
plies of law and The constitution, that tins
demand which the Legs lature have at
tempted 10 release is vested right IN
he plaintiffs, and is beyond the con,roi
OF h, Legislature.
Il it one Of the first principles Of ele-
mlntory law, that the Legis Iative acts
shall not have retroactive or RETROSPECT
ice effect. the very idea Of legis a.
ton, is hat OF prescribing rules for tu-
tgre actions---for the governments of fu
tire rig and elEadles. Rights alrea-
dy acquired never can be Invested with
out an equivalent; the remedy may be
changed, cut the rights mus remain nD
aiterable and unimpalred This is The
doctrine held not only in The States of
the Union, but it is the doctrine, the
long well settled doctrine, IN England
as applied to their omnipolcnt parlia
ment.
This suit is brought by he county of
by her commissioners not 10
the name Of the state, not By the authori
ties OF the state; but is in iact The coun-
ty, the body polite, and corporate, that
is plaintiff. Whether however it were
the individuals or the county, cannot
change the law OF the Case; in favor OF
either The law would be equally binding.
TO remove all doubts up.n the sub
Ject, will examine The law as it stands
IN Eng land IN reference 10 this Case;
with remarking that our system of luris-
prudence Is in part drawn from Eng
land, and founded upon the principles OF
the English common law. The terms
used in our constitutions, and statutes are
derived from the same source; we use
them and understand them in reference
10 their original import. As for exam
pie, the nature OF qui tam action, and
the rights the party prosecuting acquires
by suit, stands IN this country upon the
same footing as in Engl land. Many Of
the terms used in our constitutions have
the same meaning and expounded upon
the principles Of the English law.
Judge Blackstone N speaking of the
rights acquired by this action, says, it is
applied to all penal statues" where
by forfeiture is inflicted tor transgress-
lug the provisions therein erected; the
party offending is here bound by be
fundamental contract OF society to obey
The directions Of the le. sialure, and pay
the lorfei'ures incurred, to such persons
as the law requires" But more usual
ly their iorieitures created by statute are
given at large TO any common inlormer;
or in other words, 10 any such person or
persons as will sue for the same; and
hence such actions are called tohutar
actions, because they are given to the
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