The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1877-02-03
THAT JAIL.
Judge Leland Sustained by Illinois Supreme
Court.

Judge Leland Sustained by ILLINOIS Supreme
Court.
On wednesday or this week, among host OF
other opinions, there were filed at the Office of
thc Clerk Of the Supreme Court in this city the
opinions on the appeals in the Jail cases the pc.
ttions for Injunction and for Mandamus, tried
las! fdl before Judge Leland
lrhc public IS familiar with the facts of these cas-.
es, 80 there is no need of repeating tlcm. Follow
.ng We give the substance of the opinions. The
nrst is in relation to the Injunction case, Stuart
= al. u.s. The Board Of Supervisors. After review
ing the avermcnts Of the bill, which is substan-
Italy the well known report of the Grand Jury
Of september ON the jail, Justice Walker pro-
eaeds:
These were the material aycrmcnts OF the bill
ANA to II defendants filed demurrer which the
court sustained and dismissed the bill. and com
pl0lnants prosecute This writ of error and ask a
reversal.
In support Of the decree it is insisted that a
court OF equity has no Jurisdiction TO grant an
injunction 10 stay or prevent the execution OF II
sentence in criminal case To grant this In
Junction aud prevent the sheriff from coniiRing
plaintiffs in error in the county Jail, in accord
ancc with the terms Of the sentence, would be
an unprecedented interference by court Of
chanccry with the administration Of criminal
Justice. No precedent for such relief has been
referred 10 and We believe none can be found.
Prior 10 the reign of liicharl ii and long after
his reign the chancellor entertained jurisdiction
70 restrain persons from committing quasi Grim
nal oilcnses and acts of violence. lie also heard
such cases and rendered DEGREES. But in such
cases 1t was always aycred that, by reason OF
combination or the power of the party, threaten
ing or doing the wrong, he had power To permit or
prevent the administration Of justice in the com
mon law courts. But when the state of society
became more quiet and orderly, this Jurisdiction
vas abandoned and has never since been claimed
or exercised.
Nor 10 We find even in those tumultuous
times or at any period since, that court Of chan
cery has ever exercised preventive Jurisdiction
IN the administration OF criminal Justice further
'han In some cases To require security TO keep
me peace or the granting Of wrts Of hdbc1S cor.
tuS. There is not, nor from the nature and organ
cation of the court can there be jurisdiction TO
stay or prevent the execution oi "A Judgment in a
criminal case.
Again, there Is a complete remedy at law in
cases Of this character. The tenth section oil
chapter - entitled "iails and aiors' provides
that when there is no Jail IN county, or IL is in-
sufficient, the sheriff may commit any person in
lis custody, either on civil or criminal process,
% the nearest sufficient jail Of another county,
and the TAILOR Of such other county shall receive
d coninc such prisoner, DC. Now the first
A ion OF the act provides " that there shall he
Sc, aud maintained IN good and sufficient con
keps and repair common Jail in each county
hison his state, at the permanent seat of jus.
within II county, The word sufficient rs used
ice ioTf - IN applies as well to the good con
% this scoh, repair. No person would, We ap.
altlon as TON I'd that Jail that was filthy, Of
2rehcnd, conns 'althy, was in asnflicicntly good
ensivo and unN ity and common justice woud
condition. Huup. II the county authorities
spurn such an idts nit the jail to be warmed
we're TO refuse 10 t,cr. 'er, we presume all would
"A Extremely cold ,ys.eN ruld be brutal and cruel
~ tiat such conduct =, uIsSfdeelul 10 even
- "a extent that would / neis are exposed IL
! aSrO@.rus' and when prie, uhg stenehes, and
hlln, nc2Ome odors and stu anu thelr lives
IIe NJ, heaith necessarily inju.e, no, tle SAINT
husngered oy such coniinement IN uegtee'
-fqelty at freezing they only difc, my county
,, lhst large, populous and wcs Eeuee ant
ne thiz, Which Is noted for the inteA 'cn jan
-uituic OF us people. should maintair n uJui.
g Is described by the report OF The ,;ra, GRIP
Gems 10 be almost Incredible The. Co J
ion given by the Grand Jury shows thar a.
)athsome and 'rholly insufficient 10 answer "a,
imposes Of jail. From that report hi sppcare.
addition 10 its filthy and unhealthy co1dition ~,
be Impossible TO properly separate male and v
male prisoners, and 10 separate mino n nom Y
ID and hardened offenders, or to separate t,,ose =
harged or convicted Of misdemeanors from "a
bose charged or convicted a felonies. etc n o.
Jay be that a woman can be placed Ia a oil {.
I'D separted from the main hall where tbe ,.,si VI
riscncrs are confined Ly an iron grating. srd 70
y y subject 70 The annoyance 81 o'seeniiy sd u