The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1850-11-23
NOVEMBER ~. 1880

OF your paper appears a report and resolutions Of
the Board Of Supervisors Of this county relative
TO tie aeinEs and dulnS- Of the County Court AZ
the last jane term. The report states that all
the acts and dougs Of II. q Cotton, p ~ klduE
auu c. II. Gilman, ~ far interfering with the
hs'al concerns OF said rpunty, were illegal aui
Yull, thereby conveying the opinion OF the
Board that the individuals named assumed to act
Is county court, when, in fact, no such court
existed under the laws of ,his state. This is
Srys chArgc-yct II il Lad not emauatcd from
body Of men selected for their wisdom, integrity,
and prudence, to take charge Of anl manage the
public business Of this county, it would no: have
been noticed by ne 4 simple reference to the
acts oL the county court and the laws Of thus
state, Will show whether any thing and how much
has been done which is Illegal and void
by the revenue law OF 1919 See. l.
The county courts OF the several counties Of
this state shall have the same jurisdiction Of suits
brought by collectors, FOR the taxes on delinquent
lands and town lots, us the circuit courts Of this
state now have or may hereafter have by the laws
Of this state
Under tins section concurrent Jurisdiction was
given TO the circuit court and the county court to
render judgment for taxes On delinquent lands
and town lois
A. the special session Of the Legislature in Nov
!ast exclusive jurisdiction WAS given to the county
court IN all applications for judgment. for taxes
aud for this purpose the law required the court
to convene
BY revenue law Of 1919. Sec. 10
Tho collector shall file the list Of delinquent
lands and lots, which shall be made out in uumer-
lcaI order, and contain all the information neces
sary to be recorded, with tie clerk Of the county
court, at lesst five days beforothe commencement
Of the term at which application i, to be made
Sec II, The court shall examine said list, and
II defence or objections lie offered by any persons
interested in any Of said lands. to the entry Of
Judgment against the same the court shall hear
amt determine the same in a summary manner,
without pleadings, and shall pronounce judgment
as the case may be, and shall direct the clerk to
make out and enter an order for the sale Of said
lands
SeclS. Said order shall he signed by the Judge
and shall have the same effect "a Judgment, and
orders made by the circuit court, under the laws
TO which this is an amendment
There is no o'her law in force for collecting tax
rs ON delinquent lands and town lots--and with
out the action Of the county court they would
have remained unpaid.
At the June term the collector settled with the
county court for the taxes BY him collected for
county purposes for the year 1919. And thlsthe
board Of supervisors resolved to lie illegal and
void. II the board is correct the fault is Chargea-
ble upon the Legislature rather than upon the
county court The township law provides that
town collectors shall settle with the county treas
urer; but is silent AS to til. time or with whom
the old collector should settle At the special
session Of the Legislature in November last and
subsequent to the passage Of the township law,
an act was passed requiring tia, THE collector
shall present 10 the county court at the June
term thereof his list of Attachments, and shall
make final settlement with the county at said
term, except for the amount Of taxes due on the
delinquent real estate which he shall account for
and pay over to the treasurer within five days af
ter the sale
This law the county court was bound to obey
or declare it to be unconstitutional II the coun-
ty court had refused to act in pursuance Of the a
bove law, the collector could not have settled
with the state auditor and paid over the state
revenues, as the auditor is not authorized to set
tie with the collector until the county clerk has
made out correct transcript Of the sales of real
estate and certified statement showing the val
ne of the property. and the amount Of state and
county tax abated by tho court Ii the resolution
Of the board Of supervisors il correct, that the
county court is entirely done away. then Of course
uitlc CNll ClcGN, ana lnt transcript anu
tilted statement could not be- obtained by the col.
lector, in case Of settlement with the supervi-
sors, and the auditor could not ascertain the n.
mount for which to settle with him 1t was sup.
posed By the board Of supervisors that the law
passed at the special session last fall does not
apply in counties which have adopted the town
ship system. If the Legislature had intended
that the collector. in these counties should have
settled with the board Of supervisors, provision
would have been made for their doing So specify
ing the time aud manner in which it should be
done The law ~ the last session would not
have been so explicit in pointing out the time and
manner IN which the collectors should settle with
the county courts if it was Intended that he
should do no such thing, but should settle with
the board Of supervisors, without any intimaton
to that effect 1t can hardly be supposed that
the Legislature has been guilty Of such gross in
consistency II the county court and the office Of
clerk have been abolished, then the whole Of the
last tax sales are Illegal for the Judgment was
rendered by the court and the record made up
by tho clerk, who attended the sales made by the
collector who made record thereof
1t seems that the Board Of Supervisors consd
cred the law of the last special session requiring
the collector to settle with the county court for
the taxes Of 1919 TO be IN infringement OF the
power over the fiscal concerns Of tho county pre-.
viously given to them, 1t may be question
that such IL the case, But il is certain that the
Legislature did no, so consider it when the law
was pascal. Unless the law WAS clearly and I'M
requiyocally unconstitutional il seemed better
to comply with it, rather than the public should
suffer the loss Of revenue, which must have inev
tally followed, its being wholly disregarded.
Whether the county court ut the last June
term still possessed the power to transact county
business generally, tho members Of the court hold
different opinions Nlessrs Gilman and Kilduif
considered that the Board Of Supervisors could
NOT organize for the transaction Of county bust
ness until November, and that il was the duty Of
the county court to act until that time and this
opinion they supposed and had good reason to
believe was entertained by some Of the highest
officers Of tho state. Knowing, however, that |
did not concur with them, and considering that 1t
might bs doubtful as to tho power OF the county
court for the transaction Of the business OF the
county generally, II WAS determined by tho court
to act no further in matters relative to the f.
nances Of the county, except 10 allow II. Hurlbut
aud A. 4. Wagners accounts which were connec.
ted with thciI settlements. and the expenses Of
the court The quarterly account OF John Cos
grove for keeping a blind paupcr and tho quar-
terly account Of NJ ID. Masterman for keeping a
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