, 1874-01-02
A NEW POINT,

Does *3le Statute OF Li1nitatfo..s Kee.
1icvc 1Ir. Gage from liability tn
| Criminal Prosecution?
For the last two OF three dayB rumor has
been circulating around town that .1fr. Cages
d2fGlcation, in its criminal aspects, WAS barred
by the statute Of limitations. 4 reporter OF
THE TRIBUNE was detailed to trace this rumor to
some responsible source, and. after diligeut in
quiry, he ascertained that it had its origin in the
following section Of the Statutes Of Illinois:
DIVISION 1vH-11A1rA11 oSs or INDICTMENTS AND
PENAL ACrIOSg.
No person prisons Ehal be prosecuted tried or
punished for any ofense den0ninated by the common
Law felony treason murder, araon, and forgery
certed} uuiess the indictment for the same shall be
found by grand jury within three years next after
the oncnse shall have been done or committed NOT
shall sny person he prosecuted tried, punished for
any nliede1neanor OF other ndictablo oIense below
the grade OF felony, or for any fine forfeiture u-
der any penal statute, unless tile Indictment infora-
t!on, or action for the Fta bc found iust-
tute within one year aud sir months from the time OF
committing the otense ilscur1ing the fine for
feture: Prorded, Th1t nothI herein contained ehall
extend to person fleeing FROM Justice: provided
dso that where any s1lit information or indictment for
sny crime or misdecanor, Is limited By any statute
to be brought exhibited within any other time than
ia hereby limited, then the sauao shsl be brought OF
exhibited within the time limited by ouch statute.
The point raised bysome Of Mr. Gago's friends
is, that the defa]catlon was actually committed
more than eighteen months ago, and that it Is
not felony at common law, and that, conGe-
quent]y, no indictment can be found.
The city charter, however, declares
that the act Of lending, or convert
ing to his Own use, any OF the city
money, shall be deemed an embczzlement OF the
amount of money go loaned or used, and further
declares that the embezElement shall be felony,
and the question in dispute seems to be whether
the charter provision 6upeEscdes the common
Inv definition OF felony, SO as to place tile act Of
defalcatlon in the List Of offenses in which pros
ecutions are limited to three years, instead OF
those limited to eighteen months.
LIABILITY OF CITY AND yIL1.az: TnEAsURERs.
To the Editor If TIL: Chico0o Tribune:
SR: I noticed in The TRIBUNE OF the 9th
inst. an account Of al interview with States
this interyicw Mr. Reed says that David 4. Gage,
the defaulting City Treasurer, may be prose-
cuted under an indictment had before the
Grand Jury, for embezzloment. think not.
All tho City of Chicago can do in the premises
is to sue Mr.. Gage and his bonlsmen,
in an actioa Of debt on his bond, for the recoy-
cry Of the ex- -Treasurcr's deficit. This conclu-
sion arrived at some time ago, while interested
in case OF similar character. Chap. %, Sec.
reference only to Stats, county, aud township
officers, and does not, and cannot be construed
to, include officers Of cities or vilages. L city
or village, as & body corporate. stands in the
sarus relation to the State Of Illinois that any
other corporation does and where . corpora
tion, whether municipal, manufacturing, Or
Otherwise, tahes boud with security from i:s
alone must it look for indemnity therefore, III
my opinion, the case is u The City Of Chicago
rs. David 4. Gage, ct al.. in Debt" and nut
'' Tho People Of the State Of Illinois yB. David
NEwsi4s, Douglas Co., ii, Dec. 60. 1873.