The Ottawa free trader., 1877-02-03

WltH lncm, ana SO Ol thc ltnucr boy, VINO mas
been charged wrongfully, it may be, for the first
time, of some petty oncnsc; this is not com.
pliaucc with the law which requires prisoners
to be separated; but it is a Iaiserable shallow,
attempt to cvadc and render It's provisions nuga.
tory. We must suppose the citizens Of the cOun.
ty are wholly misinformcd as to the insullcien.
cy Of their Jail, or they would as one man, urge
and demand the correction Of the evil, and would
persist until it should be accomplished.
| The law has provided the most ample and ob.
| yiouS means To secure prisoners from Oppres.
sion and wrong. The law prcsumes all persons
innocent, until convicted Of crime, and it is in
tended they shall be treated as such until con
victed; and even after conviction, that they
shall be treated humancly by those inirustcd
with their custody and imprisonment. To in
sure such treatment the 26th section makes IL
the duty OF the Grand Jury at each term tC eX-
anime and report to the court whether any Of
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 irst section have been
neglected, and that the neglect is caused by the
proper authorities not providing sufficiently
good and healthy accommodations for the pris-
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, IL would be the duty Of the sheriff
to remove the prisoners to the nearest sufficient
jail. And on application to the Judge under the
18th section, to order, and If necessary, to com
pei the jailor to remove them.
Again, this last section expressly makes it the
duty OF the circuit court at 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 Jail, and
to enforce the same.
This section cOnfprs on thp pirpuit court am
pie power to see and it is made his duty to know
that the prisoners are humancly treated, and
to make and enforce all orders necessary to that
end, even to their removal to another Jail, until
the county authorities shall provide suitable
jail for their confinement No one, 1t seems to
US, that if the report OF the Grand Jury is true,
can hold that the prisoners arc humanely treated,
or can be in this Jail.
The 18th section provides that if sickness shall
break out in any Jail, which may, in the opinion
Of the county board, cndangcr the lyes or health
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
anothcr Ill in a different county, thus adding
another I-rncy by which prisons shall be secure
against confinement that may cndangcr their
lives or health. This entire act breathcs the
spirit Of humanity, free from harshness and dis
regard for those accused or even convicted Of
crime The law having offered an ample rene.
dy, there can he no prctense on that ground,
even If others did not exist, why equity should
interfere, and the demurrer was properly sus-
tanned and the bill dismiss and the decree
mus be affirmed.
THE MANDAMUs CASE.
The opinion in this case was written 10y Jus.
ticc Craig. The facts are rs in the case above
The Judge, after repeating the facts, says that
while the court is compelled to express aston
shmcnt that such county as La Sale should
layc such JAIL and while it comedies that the
county should be better provided yet the real
question Is mot what the court might conceive
hc Board of Supervisors ought to do, but
whether the Circuit Court can legally require
he performance OF an act by mandamus, the
exercise Of which has been entrusted by the |
legislature to the Board Of Supervisors" III
he Board had provided no jail ut all, when fully
bic, the Court Is inclined to the opinion that
hey might be compelled by mandamus to do so,
'ut such is not the case. The Board has pro
'idcd jail; and under the statute they have
discretionary powers to provide such Jail as
hey see nj, being responsible only to the people
'ho elected them Having discussed the au,
horitics, the Judge says
If the Court had power to interfere in this
asc because the jail was not properly vcntila.
ed and the room was too small, and endangered
he life or health Of the prisoners upon the
anne principle, If u county should construct "A
II. at a cost OF $4,000 and some tax payer Of
he county was able to show that the cells were
% small or the building insecure or that money
nough had not been expended TO make the
uilding as elegant as the wealth of the county
In such a case the Court would al SO
ave to interfere.
such would, however, be clear pcrverson of :
lc statute. The Legislature has given the dis.
'etonary power to the Board OF Supervisors, Il $
Ddy elected from each township in the county
! the people of the county, to determine the
larnctcr and quality of the county buildings,
nd when power has been exercised by the
oard, 1t Is no part Of the duty of the courts to
tcrferc by mandamus.
The Judgment of the Circuit Court Is affirmed.