, 1875-07-24
Judge FarweIl Thinks the County Board
Arc Exceeding Their
Powers.
They Hare 1}een Drawing as per Day
While the Lan SnJs $3.50.
Careful Review Of the Legal Cues.
tions Involved,
Ihey Aro Anxious 10 Know Whether 1hoY Ars
to b Indicted.

4 wsck or moro ago The Grand jury rcquested
8tste's Attorney Heed to give IN opinion for
their guidance upon tho legal right OF the
County Commissioners 10 fix thclr own sa1arios.
Attention sa8 called to tho matter At the time,
aud subsequently 1t WAL announced in these
columns that Mr.. Heed was 10 hold conferenco
with Judge Faswetl upon the subject before CIV
Ing an opinion. 1t was also statcd
tlpt tho conference had been hold. anil that tho
conclusion roached was thAt tho Commissioners
bad tho right TO hx their salaries under she con-
attu.ion. This conclusion was the result Of
harty and ex-pArte examination OF Tho Ia" bnaf-
inR upon tho case, which moro thorough OK
animation hss changed.
YastesuAy forenoon Judge Farwell, Mr.. Heed.
and The foreman Of the Grand Jury were closet
sd on tho subject, and tho result VISA tho rro.
rnIoat{on Of Tho opinion that tho Commisaion-
ers --.-
HAD NOT THE NIGHT
tn f,r thelr salaries but, Gu tho CONTRARY, that
thoy vero Axsd by statute. It will be Femern-
tered that over yoar ago thu samo qucasion
waa submitted to Judge Carr, At the instance Of
Commissioner C!ough, who doubted tho right Of
tie Hoard to fix tho salary OF itH members. Tho
docis,on was published At tho time, and vaa 10
thp effect that tho Board
HAD TIE nlaHr
to fiji !tk own rRy.
Acnng upan tue doclsion, the pay Of members
rAs liked et %, although tho statuta declared
thst $3.50 should be the I'cr dlem.
md tho state Constitution, and i,ta opinion ac-
cuytliuHly Sustained tho Constitution, to tile OBJ
TIE aAw ~ TUE CASE
The Constitution. Art; y, Soc. !, ptovihea
managed by BOARD Of County ComH4itainn-
ety OF fifteen perHonB, ten pf whom shall 10
elected from lilo City Of Chicago aud fivn from
the oat.ae toTns. !A kee. y; san's - sFs;sso,
compensation" tho county officers arc defined
to bo q County Judge, Sheriff, County Clerk,
Clerk Of tho ClEcnit Court, Treasurer. Surveyor.
| sul Curauor, sec. provides for tho con-.
peusation Of those officers. saying that they
|.plal 1nceiyo ~ thor ouly compensation for
their services BaarioA to be fixed by law." etc.
| Sec. ~ sayr, ''the County Board. c1sos't AZ
provided il = ses e, sorot, o,cs,s sa' h1 tue
Turning from tbs Constitution to the statutes
Of 1872, Chap. "a, Sec. 10, tho following language
| III found:
thu us,necrs Of the noara Of snSeI,.ors and III, II,
Hoard Of Count! cpmms.oneFn I. Of eook G9"ny tnal @
actuay md neccsaarisy engaged IN she dhe1sr9o 81
h!s dulles msn,bcr Of tla Board OF Supervisors.
treasury, sud masge cents each way for Unnecessary
traspI an no uur allowance or cnnlifuout, dtectl,
orln1ireotlY, fos any purposes whatever.
Tho opinion OF judge Earwell 1t will ht
noticed, u in -.-.-..
! p1HkoT CONFLICT
| with the ol4uion pf Judge Gary, growing out O.
! ttIoir diffeIont construction OF the 1Aw. Judyt
| F4rwell bases h,a opl1'lon. Aeat upon the tac
to1s of the County Board ~ county officers. bu
rathar makes thoEn managers OF county Affairs
'oSs stsos,.ea-gh.t s.e .le oonststutioa provides to
the fixing Of tho eslarlen OF those uRnod oouus
ollcora BY lay, "shlcl. shall ip no case be =
much ~ Eha lawful compensation Of Judge o
tho Circuit Court Of said county"
| Ih.rd-rhst tho statute Of 1872 4pe
meMbe7a Of tho Co9usy-uoard quote.
alpys), and was pasAod ~ = necessity, and i
yipw nf the fact that tho Constitution failed t
ti4 tue 4alsriss Vi etAes tho 6npersisosa OF Cnun
il Iriof, Lin opinion Va. that thore is no con
dict wAa.yyer between tho BtAtuto and Conatl
lion, aud but for Tho statuso tls Cnm
misaiouers would ha cut o1 frou
I'll salary lie il Of opinion that for tue Count
no.fd lo presume 70 h1 the salary u 'ts mem
4 STRANGE PROCEEDING,
something nat contemplated BY tho Constitution
for tho rc&non that hnrh \ privilege carries VII
1t power dangerous 10 the public lnterest. a
nhphResb u Goun'5 anhL" set tun.s
the Constitution ~ county officers, who IT
80 known because elected by the vote Of tile 60
tire county. Daring tho constitutional omit
, son to detne the County board ~ county oltl
GERS, 1t was still question with him whother til
membars Of tAe Board arc county oaioars Or no
for the reason that tha county ia dihtrIuted, -
/ tho koa1d Is elected by districts su4 uot by III
. county.
The opinion cama
LIKE \ ruuKp1A-oLAy
upon auoh members Of tue County Board I
ciauesd 10 he Tutoring around the Count
. building whep ii x&a f1st made known. The
! hurried to and {Tp, pN-atxiga aud down, to dir
| olssa tho isaue, II tho optnlon1wta to atan1
several threatened to resign but such wore Il
! duoed to make h&sts aIowly In ths matter By ii
{ words Of cheer showarad upou than by Count.
Attorney lloun.rss.
! Others were inclined to di4cFedlt thu whol
,, affair, and to pass 1t BY ~ a reporters 1ok
I wiilo otAat1 veto whispering around to II
; | certain