, 1877-01-26
MIKES MANDAMUS.
Arguing the Question Before the
Three Judges.
uessrs. Lincoln, Horriok, Goudy, and
Fuller Deliver Themselves,
And Judge McAlllster Asks Various Ques'
uons Regarding the Alleged
Default.
Il Il Probable that Decision VIII Be- Given
Monday Morning.

Janus to compel Supervisor Lincoln 10 npprovo
lis bond "a Collector af tho Town Of South
chicago, Was heard yesterday before Judges
Rogers, McAl1Ister, anil Booth. Petitioner was
represented By Sir. ". e. Cloudy anil Melville
", Fuller; Mr.. John 11crrlck saststed Sir. Lin.
oln IN tue defense.
On tho case hotng cnllcd,
Mr.. Fuller read tho petition for tic n,antaHus,
thc substance Of which hae already appeared III
these columns. II
str, Lincoln rcal ills snswcr to tho petition,
Which set forth the grounds OIL which tho bond
vaa not approved. 4 synopsts Of this document
has been published.
Mr.. Fillor, In bcllalf OF tho petitioner, read
hls ......-.--..
REPLICATION,
of which the following nrc the main points:
It asntca that Evans ought not to be prcclud-
eli from having bis writ because Of thc nllcEca
,1efa1catton, Tor as euc1t Bouth Town Collector
IN 1876 and before tho 10th of March, 1870, ho
pail over 10 the Supervisor all money "bclong-
lug" To the town; md the money claimed by
the answer not to favc been turned over
amounts to ea5, 3314.i7, satd sum being composed
Of S14,O0l.N. which wns 3 per cent on tic
amount Of taxcs duo thc city, and flo, !6if}
The a1Mnunt paIl BY petitioner for clcrkslitp,
etc. lIo ayers that the former sum was legally
due ht,1l, on nccount OF lis Contract with Tho
city; that the latter sum. Eaa Val Us allowed
by tho Town Board, ni'd licnec he e not o de-
fa,ltcr, rs alleged. Evans then claims that l'o
was duly elected last April, and has sInco !esn
the Collector, Notwithstanding tho acts Of tho
Bouth Town board, and he has never ceased to
claiM and net as such Collector. Ilc thcn as
surts that he ought not to 10 t!ebarrcl from tho
right of the writ 0f manlamus bGcauso Ut hls
uot filing sufficient bond, because the amount
of the taxea assessed upon personal property IL
*9H, ,410. T. md the amount On real estate, to
be collected hy him, ~, and tue safG.
Sa,ooo, ,o0o, which ss amnly sufficient. II refer.
cnee to tho reply that tho Supervisor dhl mt
know what was tac custom, anu ttat ie tihs no1
say tlat be would Mt approve sutli,sl.t t na
IL not sufficient II Inv.
To this Atr. Lincoln flied
4 nEMunRER,
have Joined Issue OF, tho respondents traverso
Ut the a(lc1atlous ut the said pettlon tA!lt thc
stircties on said bond were worth S:,U0ou ~,
stcn1 Of rcaillrzning said allegation; tliat sa!A
travcrso1 by tho answer, and should therefore
not conclude to tic COUNTY; tlmt s sai;l fepS,
etcnt." ....
Mr.. LINCOLN
said he Ind lemurrcd generally to the replica
tions, and nlso aatignel for fuutcs Of special DE-
inilrrer that tho rerlicatlons were n rc.stnlu-
lncnt of the allegations already III tho petition
and were trayorsed by tho tlnswer. Several
questions aross IN this case. THO hrst was tho
right nt tug petltloner 10 usk f!r 4 manuanns 1'
Tint Wis the tOlHt which he proposed to
discuss, Tho other points were, first,
that admitting that tho petitioner hat
iti,o supery!sorl was not subject to tho ordcr OF
tho Court for tho purposes for which tho nla1l-
.lan,us wAs requested. It would b. Inserted un
behalf u the defendant that thu, Cuurt Mtelit
ostlcr tho Supervisor TO net upon tho bond, hut
would not order him to net I'll one way or asl-
otEler. to approve or dIsappsovc, ind that as he
Ind exercised The diseretion rep,ss III him BY y,
bond, tlte Court would not order him 10 ro~ox-
ainue and would certainly not direct hin to
ipproye tho boul. As to the other bond vague
II referred u IN tho petition, It was tho sanc
thc Court could do in relation to that would be
to order Tint bond to bo examined; but tint
would not bo douo by mans!anus unless thu
sae5ssr 5 xa 1Gy esea a xsy ts sp III it. no1 H.
These tmnts, however, would liz disguised i,
Mr, IIcrTtrk, MF, Lt,colu then rcaI tllt
law providing Tor the collection nl
lint In settling WITH, tl1o uoycrntncnt tho Cnl
HECTOR was only entitled to retaIn Lie an1ount q
COMPENSATION a)lo,yed by law, aill tint co'1,pc,,
sutton waa il1ei at s., ,500. it aecmca to ht,l
that arp,Inebt ,Fus almost UNNECESSARY m iii.
point. il WA sail tllat TINT sun, waa il,su!ll
eivnt compensation for tho collection Of SO iarst
nu aniount OF taxes. Such u,l argument eloVit
have no weight with ti,e Court: thuro fceiinr
uegricyeii should apNaI to tho I.rcislat,1re /,
aitcr tho law, Auy u1psrlscs INCURRED by til,
Collector should pass throus tlr Regular rlln1,
rels u the Board OF Audit Of ti,u town. i
appeared Tint willie br law tlc books fvr til
COLLECTION Of taxes for 1878 were not lcaty to b.
given to tic Collector until Dec. 10, ISi5 Ut
meeting Ut the Town Boarl held Aug, 1t, 1871
1t was ordered that tho ttcn Uollector shout
hare ti0,bO0 for htR cxpc,sca in tlo cuItcctio
--$l 300 Tor hls salary and tho commissions o.
thu ctty taxes, This was four 1nulltt,a 1nfuro H.
begun tho collection 1t taxus fur tia
year. It was alao ordered that til
amount OF $t3,0O0 should bo certified to til
County Clerk til be extended OH thu tux,b,0lt
for l87d, In order to meet tho sum allowed tn
Collector over and above tic commissions d
city taxes. At meeting of tho Iiuartl lii Mare
last, there Was rcltnguis!iuL 10 tile Collector
claim amounting to $4,000, which WIS III
amount Ut commissions for culecting tlo I'll
taxes. Petitioner therefore, claimed TINT il
WIS entitled to retain Tho lnoncY In tits hand
without any further audit by tho 1,oard. VIVA
wna tn DO dono IN regard to tho $l3OlN e1tes,t
cd Oil this ysar's tax.books, 10 did not know
WA raised for tue purf,osr Ut paylng tho Colee
Or. hut that 0lllrcr hal already Patl hnku(l uli