The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1855-07-21

SuPtcmc Souitss.i NC """s""'" A'"""'
The People dc, VS.. T. S. fddSrOrh ct al.
augustus C. French late Coz, ,eho sues
for use Of Ptop!e VS.. t. 5. UIddsn0rN co al
Joel 4. .Nitt@oa vs.. L. S. Uddsgauh
etdL
The three suits above named were brought
ayainst the securities Of Wadsworth Shcl-
don, to recover the amount of money which
was received by Julius Wadsworth as state
agent, and which remains yet unaccounted
for by him. The amount is about $l32, 600.
The defendants dcmurred to the declara-
ton in each case, and the questions submit
ted to the court were: list, can suit be
maintained against defendants upon the
bond and %, if so, which of the above
suits, if either, should be sustained. 1t
was not claimed by the counsel for the state,
that recovery could be had in more than
one suit The three suits were brought for
the purpose of submitting to the court, the
question which was the proper form Of &C.
ton. The following is copy Of the bond :
"Whereas, his Excclency, Augustus c,
French, Governor of the state Of Illinois,
has designated and appointed julius Wads.
worth, Of the city OF New York, in the
State Of New York, agent of the said State
Of Illinois, for the payment Of interest upon
the State debt.
"Now, therefore, know all men by these
presents, that we, Elisha $. Wadsworth
Thomas Dyer, Francis c. Sherman, Hugh
Il. Dickcy and Mark Skinner, Of the city Of
Chicago in the county Of Cook and State Of
Illinois, do for ourselves, our heirs, eXecu
tors, administrators, and assigns, agree tc
and with the Governor Of the State of Iii.
nois, and his successors in office, TO be held
and become securities for above named JUL.
us Wadsworth, to the people Of the State o,
Illinois, that all moneys placed by the au.
th0rity Of the State of Illinois in the hands
of her said agent, Julius Wadsworth, shall
at all times be applied and paid out and fully
accounted for TO the people Of the State OF
Illinois, through her legally authorized
agent or agents, in such manner as the pre-.
sent Governor may direct or as may hercaf-
ter be directed by any Governor or agent,
or other officers of said State OF Illinois,
empowered or authorized by law to control
or direct relative thereto
The defendants insisted that there was no
law authorizing the appointment of state
agent that the law required the payment to
DC made by the governor that it was
against public policy to make the payment 10y
an agent that the agent was the agent OF
Gov. French, who employed him and that
the suit in the name Of Gov. French alone
was properly brought; and that this suit
could not be maintained unless it was averred
and shown that the funds unaccountcd for
were placed in the hand of WadSworth by
Gov French that they were not liable fol
funds placed in the hands of Wadsworth by
Gov. Matteson.
The council for the state conteudcd
LIST. That the nature Of the duty REQUIRED
by the law, to wit the payment Of large
sums of money, which was payable in New
York and London on the same day, made the
appointment of an agen. for that purpose
necessary, and the power Of appointment
"ao tNNNSe"'hy 'SotSu III wv SO'tIiIOI tuu
the law had recognized such agency, an,
made provision for paying the agent.
ID. That defendants were cstoppcd b,
their bond from denying that julius Wads
worth was agent Of the state.
Sd. That the governor acted in tallin
the bond as the agent Of the state, renewin
the covenants Of defendants, in the nam
and for the benefit Of the state and there
fore the suit in the name of The People, &c
was well brought.
The cause was argued by the Hon. Lyma
Trulnbull, of Alton, aud Mr. Eeckwith, {
Chicago, for defendants; and by 7. J
Dickey and B. c. Cook, for the state.
The Court have not pronounced their dec
sion upon the questions submitted