, 1875-11-24
.1nfluc Earwe1l's Decision In tho
Abstract Matter.
Hn Declines to Interfere with the Pay.
mont Of tho Money.
Va Gross Fraud Has Been SlloHn...The
Powers Of Tho BonrA.
The snpromo Court Holds County Courts
May Naturalize Aliens.
e,eprd Of Judgments and New Suits..-Bank.
rupscy Business.
The Gackstedor Murder Case.

The Gackstedor Murder Case.
THE ABSTRACT BOOKS.
JupuE FAHwELL DKCLtsEs To INTERVENE.
The long g-o1pcotod decision Of Judgo Fnrvc1l
Ia the CASE Of Franklin Maovcagh vs. Tho Board
Of County Commissioners, involving tho legality
Il the recent purchase OF Otto PoltEcrh abstract
books WAS delivered ycaterjay morning. Tho
rom WAS crowded with lawyers and Interested
pgoporsy~owuors and taxpayers, and tho closest
ttteution wAs paid to tho teciafon. 4 tempo
ny Injunction Haa granted at tho tiu1o tho bill
vas fled, and subsequently 4 motion to dissolve
Tho Injunction WAS heard and argued. Tho de-
e,lon OF that motion was delivered yesterday.
The Judge haia 10 owod all apology 10 she
epuscl for his long delay. but ho had been nu-
ssoldably prevented from giving tho case any
attention until receutly. Tho complainant
tu tax-payor aud citizen Of Cooh
County, who ti1ea bis bill to prevent the Board
ps Commissioners from paying $4,000 for some
,bslsaet books which they lad agreed to pur-
th,so. II waa also alleged in tho bill tho Com
pasoners had no authority to mako tho pro.
posed purchase, and that their action exceeded
her powers; TINT the contract bntweon them
md Otto Pettzor was fraudulent and an attempt
oaeiraud tho public. and was not made in good
filth. These allegations had boon denied by
Do defendants. uho claimed that tho Inv, both
pspirit and in lcttor, gayo thcm power to do
xllt tAsY had boon attempting to accomplish.
THE FIRST QUESTION
xae a. to whether person who claimed to 10
only citizen and taxpayer OF public CORPORA.
aon could 60 into Court OF Chauccry and en-.
to'n the corporation from spending money In
ludciouslY or Illegally. In sotno States that
vas tho 1aw,-aa In New Tork. Michigan. aud in
EoslAud. The Supreme Court Of Illinois also.
IL tho case Of Kelly VI. Tho City Of Chicago, G.
H. Rep. 17o. had, Il WAS claimed BY tho do
tDdants. recognized that practice. Due though
hs remarks Of tho Court IN that caso taken
lout, might ecen to sanction Ruch Practice, the
judge said he did not feel ht liberty. in view Of
lts many ticoeionB Of tho Supreme Court III the
opposite direction, 10 follow that single opinion.
tsBna butter to wait aud lot TIM Supreme Court
tItiuct!y say whether tho rule which had hithcr-
bobtalued was to bo changed. That objection
toshs complaiuaats standing waa nos therefore,
rel taken.
TIE oHEY LAW APPLICABLE
olhs question Of tho authority Of rho County
hird Tas in Chap. 116 Of tho neyisod Stat
utts. secs, "a and ~, Tor It wne conceded that
soctlon had been taken by tho County Con-
n:ts,o1eIs 4ndoE, the Burnt Record law which
trsbcd tho Board to mako tho purchase IN con-
nsstlon witt, the Judges. II, then, tho pur-
.hlsa wHs to be Justified, it waB to 10 Justified
Edet tho general law. Sec. II prescribed
.tAsbooks should bo snpt, and tho 9th anbd,-
huud bc recorded. Bee. IL gayo tua power
orrocuse ouch abssract-books Al were described
b asc. Il. Tha question then waa a. to
ibeiher the action OF the County Board WAS on"
t'.1y anaatho9izsdIxas a,a!au IL; . L. stopPlng Gu
h attempting to do something they had
% right to do Wero they attempting to do
Hnssasng entirely outside of their powers. 90
e.s their action would bo void ~ 10 both par
tx and 30 that The persons who had agreea to
VII aud tho persona who lad agreed to buy
would have no tighti2
II VAS generally admitted that 3 corporation
~ badly Of limited po yer, only being abto to
y That It was expressly Authorized to 10, aud
sit ittdeie wore no presumptlons In ita favor.
IT, easo was the same with the County Doari
Neonld do nhat Il MAa cmnowet cd to do, and II
Arm commanded to do thing 1t was to be pre-
nmsd shat there was a why IN which to do It.
al9 corporations did not apply In the case Of
G' Board Of Commissioners and that they bad
rtAter powcrs than tho Boartls Of supervisors
aolhet counties. aud we're not haMparod by any
essb strict rules 10 applied to oLher corporations
eR'nesa. Tbe Judge. howovor. thought that
Ga WIS not the case, and That tho proyis1ops o!
sashS applied as vel! to tho Board Of Commis-
ssien Of Cook County as to tho saporvlsors OF
eetE counllts.
Ssra tho Commissioners then
E1H1 WITHIN THE SCOPE or THEIR AUTHORITY,
aH@s they attempting to deal with something
~ which they lad 90 right 10 dsal3 A Court
Gaancory waa uot omnipotcat, aud their ALL
ssautE VA Asns!ed as well as that OF she County
sauda shich tho law bad placed on t.,eu1 and
n.mpt to d. th,nEs boyoud their authority.
soss'esy evil In III, world could bo remodied BY
.soqrt Of equity. There always would bo evil,
s'H'inssandnR courta aud County Comnlssou-
q, n Cousta had power and authority on cortnin
,selsets which had been intrusted to them. sud
" control and mankGemont of cart1in matters,
SSalo gi7e Judgment aod from thssz Judgment
aas Fas often no spreaI. Officers Of the law
nae called on to exerciuo their discretion. aud
VII discretion vas CONCLUSIVE, unless some
mua wa perpets1ted. II sono grusa frand was
~ men should not ba allowed. uudcr color
~. na Law. to 20 on and rob tae public,
r..a ~ 1he present case that wns au important
NanEn. bec. ~ Aushorszel the County
~ nsio It taoy deemed 1t oxpodlaut, ~ procure
sxa aAsetrAct books to DO made In the form pro.
.aa Soea 10 the act. st ths cost Of tho county.
i'Aas connected chnin OF tito and cum
" wsSes1 " 10 the tImo OF taking effect Of she
Mr.. 7AEnE WE'RE TWO DIRECTIONS MADE
,,,ash usa' Provision OF The Law. The iis6s was a
VI VI" ctitc!sm - to how It should 10 puuctn.
ss,-.9e'hot 1t sbonId read ".r1ocufo aucl,
s,s' aRs:t books 10 DO mado tD tho form prs
t,sSss. tSsa ~ tals acs," giving them The right to
nn@a1s lhs books to b0 made, but no. to buy
i, Ia. ot shelter tlero should bo comma afsor
d. oFa !, "oooke," thus Giving puwof to pur-
49, lha Judge was Inclined to think that
smn.o .aonx4 the section was road without
ha@a hsae ilia power Was glvoo to purcsKso tho
~ ~. 1Iey could buy the btauh books aud ill
Its.dxp w. 10 too torn proscr bod, or buy tham
nv nStuy written up. or buy thom partly wsitteu
,,s,ssmpiete thenl % long ID they nlot tbs TO-
atjIasa.h atjas Of the net. Ihesa WAS another OBJ
n sssoo No., s4at tho Coun:y Con,n,lastouors were
~ rzed to purchase aily books excopt tho
nrh,pes provided for; thas Il lhoy attempted to
:sIIeaa :,sIea sus 70 kH nndor that law, ,hcy m,,st
ntaase taa Just such bookn. aud II thaY attempted
nnsty ~ aay other bucks tnoy were uhing Tie
VIZ !, money III soma other aay than t,lnt
,b.n MA provided. GenurAlly spuaGiug,
n.,so one th!ug WAS reQul4cd to bo doLa
nsaton cuald not 20 and IN
(Inmal* (In'o* she reverse, and ii tho
tstI.'1ss4ness 1T III had purchased Mnns ,t,sY Mora
oo..' wv to lufctaa0-if tAoY wore NOT such
ssss ~ - tho l.ecordor was required 10 Gcop,