The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1876-07-22

This title is true in two senses at least. The
petition OF the People t.rl, +. Follett Bull tor
mandamus, in the Circuit Court, to compel the
Board Of Supervisors to build new Jail, did not
| lie when it stated that La Sale county has the
worst Jail in seven states; that it is a disgrace
to this people and to these times, when men are
punished for cruelty to animals; that ii prevents
the execution Of the criminal laws in this court;
that the Board know this, and that they should
build a new one, since the county is now album
dainty able. And it did not lie in legal sense,
Notwithstanding the eXerliOns Of the petitioner
and his associates, Mcssrs. Gilbert and Lincoln.
The cause came up for hearing before Judge Lee
land on last Monday morning. The demurrer
fled admitted all the allegations OF the bill, so
the only point in tho case was as to the discre-
ton Of the Board in the matter. The petitioner
held that as the Board had for many years yio-
lated the state statute in relation to jail, by
which the ends Of justice were defeated, and as
the law declares that the Board shall provide
suitable Jail when the finances of the county
will permit, the county now being out Of debt,
they had no discretion in the matter, and that
unless compelled by the courts to act in aCcor.
dance with the statute they might continue for
an indefinite period to violate the law, as they
have been and are doing. The morning was con-
sumed by the speeches for the petition. At their
close the Court said it was needless to occupy
the Courts time by further talk, as he was salts
fled he had no power to grant the mandamus.
The Board had control of the finances Of the
county and they must say when and how they
should be expended-it is for them, not the
Court, to say when Jail shall be built. The
Board is a deliberate body and the Court might
as well be asked to issue a mandamus compel.
ing them 10 vote in a certain way as TO issue one
compelling them to build this jail. The Court
recognizes the fact that the Board should build
the jail, and believes the people Of the county
are willing shall be built notwithstanding THEN
vote against it last spring when they knew lit
tie or nothing Of its condition; that it was a mis-
take for the Board 10 submit the question 20 the
people, for, knowing its condition, they should
have built it and justified themselves 10 the pco-
pie afterwards; yet the Court would not dictate
TO the Board when It shall be bunt. The county
needs a court house as well as jail, and the
Court would not deprive the Board Of that dis
erection which they enjoy and proceed To say
which shall be built first. The Court said he was
pleased that this question was being a-itatcd.
He felt sure the people were totally ignorant Of
the terrible condition Of the jail, and these pro-
ceedings would serve 10 bring the subject clear
ly and forcibly before their minds, which could
not result otherwise than for good. In sustain
ing the demurrer, the Court said the petition
was in good shape TO present to the Supreme
Court for their decision. This will be done by
the petitioner, after amending and supplement
Ing the bill by further facts.