The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1877-02-03

| time, of some petty oHcnsc' lhls IL hoI u coHi-
pliauc, with the law which requires prisoners
| 10 be separated: but il is miserable, shallow,
attempt to eyadc and render its provisions nuga-
! tory We must suppose the citizens OF the coun-
ty are wholly misinforIEcd as to the insuihcien-
cy of their Jail, or they would, as one man, urge
and demand the correction OF the evil, and would
persist until il should be accomplished.
The law has provided the most ample and OBJ
vious means 10 secure prisoners from Oppres-
sion and wrong. The law prcsumes all persons
innocent, until convicted OF crime, and 1t is IN
tended they shall be treated as such until con
victed: and even after conviction, that thcy
shall be treated humanely by those in'rusted
with their custody and Imprisonment To IN
sure such treatment, the 26th section makes IL
the duty Of the Grand Jury at each term to cX-
anime and report to the court whether any oi
the provisions of the act have been violated or
neglected, and the cause Of such violation or
neglect. Here the Grand Jury have reported
that the provisions of the fist section have been
neglected and that the neglect is caused 10y the
proper authorities not providing sufficiently
good and healthy accommodations for the prls-
oners, and for the separation OF prisoners, as re-
quircd by the llth section of the statute. On
| this report, We have no doubt that under the
! 10th section, it would be the duty OF the sheriff
to remove the prisoners to the nearest sullicieht
Jail. And on application to the Judge under the
18th section, to order, and II necessary, to com
pei the Tailor to remove them.
| Again, this last section expressly makes 1t the
duty of the circuit court ut each term, except IN
| Cook county, to inquire into the condition OF the
| Jail and the treatment Of the prisoners, and To
| see that all prisoners, civil and criminal are hu-
namely treated, and that the keeper Of the jail
does not neglect any Of his duties under the act,
and the court is required to make all orders in
the premises against the keeper OF the jan, ana
| to enforce the same.
| This section confers on the circuit court am
pie power to see and it is made his duty TO know
that the prisoners are humancly treated ana
to make and enforce all orders necessary 10 that
end, even to their removal to another jail, until
the county authorities shall provide suitable
| Jail for their confinement, No one, II seems 10
us, that if the report OF the Grand Jury Is true,
can hold that the prisoners are humanely treated,
or can be in this jail.
The 18th section provides that if sickness shall
brca ak out in any Jail, which may, in the opinion
Of the county board, cndangcr the lives or heal tn
of the prisoners TO such an extent as to render
| their removal necessary, they may be removed
to some other place in the county, or TO
anotncr Ill in a different county, thus adding
another ,scncy by which prisons shall be secure
against confinement that may cndanger their
lives or health. This entire act breathes tue
spirit Of humanity, free from harshness and dis
regard for those accused or even convicted OF
crime. The law having offered an ample RENE
Idv there can be no pretense on that ground,
even If others did not exist, why equity should
interfere, and the demurrer was properly sus-
tanned and the bill dismissed, and the decree
mus. be affirmed.
| THE MANDAMUS CASE,
| The opinion in this case was written 10y JUS
tice Craig. The facts are as in the case above.
The Judge, after repeating the facts, says that
while the court is compelled to express aston
ishmcnt that such couuty as La Sale should
haye such a jail, and while it comedies that the
county should be better provided yet the real
question Is mot what the court might conceive
the Board of Supervisors ought to do, but
whether the Circuit Court can legally require
the performance OF an act by mandamus, the
exercise Of which has been entrusted by the
Legislature to the Board Of Supervisors II
the Board had provided no jail at all, when fully
able, the Court Is inclined TO the opinion that
they might be compelled by mandamus to do so,
but such is not the case. The Board has pro
yidcd IL Jail; and under the statute they have
discretionary powers to provide such Jail as
they see Mt, being responsible only To the people
who elected them Having discussed the au..
thorities, the Judge says:
If the Court had power to interfere in this
case because the jail was not properly ventila-
ted and the room was too small and endangered
the life or health of the prisoners, upon the
same principle, If u county should construct a
ai at cost OF $4,000 and some tax payer OF
the county was able to show that the cells were
TOO small or the building insecure or that money
enough had not been expended to make the
building as elegant as the wealth of the county
demanded, in such case the Court would also
have to interfere.
such would, however, be n clear perversiOn OF
the statute. The Legislature has given the dis.
cretionary power 10 the Board OF Supervisors, Il
body elected from each township in the county
10y the people of the county, to determine the
character and quality OF the county buildings,
and when power has been exercised by the
Board, it is part of the duty of the courts to
interfere by mandamus.
The Judgment of the Circuit Court is affirmed.