, 1872-11-20
THE ABSTRACT Bo0Ks'' AGAIN.

books has been brought before the public again
by O report Of g new Committee OF the County
Commissioners, covering the decision Of the
Judges upon the matter. The report OF the
Committee is singularly inconsistent with that
of the Judges. The Committee set forth that the
result of conference between the Judges, at
which MesBrs. Chase Brothers, Shortau 4; Hoard,
and Jones j. Sellers we're present, was the
unanimous opinion of the Judges that, if any,
thing was purchased by the county, it should
be all the books, papers, and memoranda
in the possession and under the control of the
abstract men; that the owners thoreupon sub
mitted q proposition to sell said books, etc., to
the county for $3.50, 900. The Committee (sam-
uel Ashton, John Crawford, and John Herting)
then say:
Your Committee would further Htate that it seemed
TO be the unanimous opinion Of the Judges that there
was imperative necessity for the county to become
the owner Of said property at 1ohateusr cost provided
it WIS within the bounds Of and the ability Of
the county to meet the demand.
Fortunately, however, the action of the
Judges was not left to be reported in this man
ner; they took the precaution OF putting their
opinions in writing. Judge Tree, acting as Sec
retary Of the Judges meeting, informed the
Committee thus:
GEsrtEMEs: I have been instructed by the Judges
to inform your Committee that with reference the
purchase Of the memoranda Of titles the land in
Cook County from A1essrs. Chase Bros, Shortall l.
Hoard, and Jones Sellers, they have nothing to add
to the suggestion heretofore made to the Board Of
Commissioners, that only originals should be pur-
chased, and then only for such can be paid by
the county consistently with its other engagements;
and that, with regard to the price WHICH should be
paid for such memoranda, the Judges, after full
sultation. are compelled to decline to 61 any sum
which they will approve until such time as the matter
shall properly before them for their official ac-
tion in the pointed out by the act Of the Iegs
]ature authorizing the purchase. Very respectfully
yours, LAMBERT TREE, Secretary.
CHICAGO, Oct. 81, 1879.
Judge Williams, Chairman OF the Judges meet
ing, communicated the following resolution
adopted by them:
Resolved That the Judges Of the Superior aud Cir
cult Courts decline to take any further other action
than that heretofore taken in reference to the purchase
OF the abstracts under the law of April g. 1872 until
such time as the Board OF Commissioners Of Cook
County shall submit to them some definite proposition
for their approval or disarproval.
E. s. WILLIAMS, Chairman, etc.
CHICAGO, Nov. l. 1872
Notwithstanding this, the Committee allege
that the Judges indicated that they would +" ap-
prove the purchase by the county at whatever
sum the Board, in its Judgment, and by its
action, should Offer" And, therefore, they
recommend the purchase, at some price to be-
hereafter fixed, payment to be made by the
Issue Of twenty-year bonds, bearing interest at
7per cent.
authorized the Judges to examine into the state
Of the records Of Cook County, and if they found
any abstracts, copies, ETC., which had been fair
" made before the fire, they to certify that
fsct, and also whether such abstracts &c tend to
show connected chain of title" to the land in
Cook County. This duty they have performed.
The act then provides that the County Board
'may, with the approval Of the Judges Of the
Circuit and Superior Courts," purchase
such abstracts. The Judges, very prop
erly, con6ne themselves to such original
papers as 'stend to show connected chain Of
title" The question does not rest with them to
advise the purchase or~to advise against it, nor
to suggest price. These are matters pertain
ing to the Board of County Commissioners.
When that Board has acted, then and not until
then will the Judges consent to pass upon the
matter. They will then have to approve Or dis
approve the purchase Of the whole or any part
of the papers offered; and they will have to ap-
prove or disapprove the price offered for the
same. Under these circumstances We think it
preposterous to assume that the Judges have
intimated or suggested, however remotely or in
cessity " for the county purchase the abstracts
sat whatever cost within the bounds Of
reason and the ability Of tha county
to pay; NOT do re think it any more
Mr. Ashton, Mr. Herting, and Mr.. Crawford,
behind the door, that they would approve the
purchase at whatever sum the Board Of Com
missioners should decide to pay. The purchase
OF these papers was made subject to the APPROX
al Of the Judges for the express purpose Of
protecting the public from the payment Of
"whatever price, majority Of the County
Commissioners might be induced to offer. It
was never contemplated that the Judges should
tell Messrs. Ashton, Crawford & Co. to go
ahead and make their contract, and the Judges
would approve it, no matter what it WAS. We
DO not believe that the Judges ever authorized
any such statement, or even limited at it.
The need Of purchasing these abstracts at all
has undergone considerable abatement since
the 9Th Of October, 1871. It was then claimed,
and believed that the public were in danger Of
losing their property from an inability to show