The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1876-07-01


would have no place whatever in which to
confne offenders.
That the county Jail is constructed AMI
kept in direct violation of the law, has been
well known to the Board of Supervisors for
many years let the Board Of Supervisors
unlawfuly and crminally neglect and refuse
to do their duty and remedy this great evil,
All this neglect Of duty on their part Is the
result of cringng cowardice. They fear that
If they should do their duty like honest men
they might become unpopular among the
people of their towns and fail to be reelected
to their high Office. 1t Is indeed lamentable
that men, occupying responsible positions,
neglect their duty and violate the law for the
small inducement of holding a so petty an
office.
AT the present term of this court bill IN
chancery was filed in the circuit court on be-
halt OF two of the prisoners confined in this
Jail.
The bill contained description of the Jail,
and pointed out the manner IN which the
law is VlOlattu III hIcPluS uSlhS 'hiS
vault as a county Jail, and prays for an in
junction to restrain the sheriff and board of
supervisors from using ii as jail in the fu-
ture To this bill the sheriff and supervisors
filed demurrer, and the question was dis
cussed before Judge Leland upon the de-
murrer The court decided that the injunc-
ton was not the proper remedy; but that the
proper remedy was by mandamus--to compel
the supervisors to obey the law and do their
duty; or by habeas corpus, to release the prls-
oners from an unlawful imprisonment. The
case will be taken TO the supreme court and
the question fully tested.
In another case, on Thursday morning,
upon the question of making the sentences of
prisoners very short on the ground of the in
sufiicency of the Jail, Judge Leland delivered
clear and comprehensive opinion, which
was reported by Mr.. Buckley, the official re-
porter of the court, and Is here subjoined, as
follows:
In accordance with what stated yesterday,
went down into the Jail last night and examined
it. ] am satisfied that the representations made
in relation to the unhealthy condition OF the jail
when there are as many as twenty-five or thirty
prisoners in it are not too strong Lam satisfied
that it is then seriously detrimental not only to
the health Of the parties confined there but some.
what so to the health OF those who are compelled
to perform the duties Of guards and to the Jail
or and his family.
THIS Court House and Jail were built between
thirty and forty years ago; and although thcy
might have done for the population of this coun.
ty at that time, they are far behind the wants OF
the people now. The accommodations Tor Court
purposes and for jail purposes are clearly insult
icient. Many of the counties in the state are
working up TO this question, and | am in hopes
that the spirit that prevails in other counties
will soon be found to exist in the county OF La
Sale.
| do not think the failure to remove the de-
fects in this county Jail grows out of inhumanity
on the part of the people, or on the part OF the
Board of Supervisors but think itrather grows
out of a want of knowledge as to the real condi,
ton of things. This is an age of economy. and
there is a great dread of taxation. The idea
seems to be that taxation must be avoided as
much MS possible, and, without reflection, with.
out knowing anything about the facts, 1t is not
surprising that large proportion OF the people
should vote against building Jail. The Board
of Supervisors are representative men-repre'
scntatives of the people Of the county The
question was submitted TO the people whether
they should build Jail or not, and that was made
an Issue III UlHlly tONUS vi llllS WIN
out much reflection on the part of the people,
great majority Of them voted against building a
Jail. That of course places the Board OF super
visors in an unpleasant position, but l have no
doubt if pains are taken to give the necessary IN.
formation to the people of this county they VIII
do what is right.
1t is said there ia some jealousy in the coun-
try towns that this may be measure in which
the people of Ottawa are mainly interested, by
way Of benefitting the town; but think the OPP
position TO the measure rather grows out OF the
fact that people who do not understand these
things will always be against such expenditures.
The Jail is no doubt very bad one, and the
sheriff has taken some pains, by making an iron
cage at the entrance-an open one-to aid the
ventilation little. There are on the north side
of the Jail six small cells. There is no yentila-
ton of these cells except by means OF little
crate at one end, and if one person only slept in
each cell, there would be hardly sufficient fresh
air for healthy respiration. But sometimes there
have been as many as thirty or more people IN
Jail and three in each cell, and with thirty men
in there, the air becomes yitiated, and the Off
GERS of the Jail agree that ii is not only so as to
smelling very bad inside the Jail, but owing to
the draft into the hall from the jail, the officers
of the Jail, in going to the jail meet very fetId
and disagreeable stencil. Now, this is all the ac-
commodation that this county of 10000 inhabi-
tants has in the shape OF a Jail.
The legislature has said that there should be
separate accommodation for the different classes
of criminals. There is one little room where
they might possibly make three or four females
about as comfortable as the ailor and his family
are; but for the males there is no possibility OF
separation ut all, old and young, criminals OF all
grades, those who have been convicted as well
those awaiting trial, are all crowded together
in one small room. The legislature has provided
that they should be separated-that males and
females should be separated, debtors and wit
nesses from criminals, minors from old cri.ni-
mails, &c. Now, taking witness, who perhaps
has refused TO obey u subpoena Of the Court, this
Court has no other way Of punishment by i'm.
prisonment than TO put him in Jail with this
mass of criminals. If a man is arrested for dctt,
on civil process, there is no other suitable place
of confinement except this Jail. have no doubt
that at times there Is serious danger Of prison.
ers being permanently injured in their health.
The law is entirely violated. still do not think
the people of this county intend 10 violate the
law, and do not think that if the people knew
that these prisoners were inhumanly treated,
they would suffer it; nor would they suffer peO-
PIE of all grades Of criminality, people who were
IA there on examination before magistrates, or
on process in some civil cases, and people