, 1877-09-20
SPRINGFIELD.
The Advisory Board Fall to Stand
Against a High Pressure.
Mr.. Hunn's Snake Tract Bought, and
Public Criticism Invited.
Text OF Lawyers Opinion Written 10
Order for Tito hoard.

THE 1sArTLEsSAKE FARM.


srRinoriElp, ILL.,, Sept. 10.-After wrestling
Will, the subject ali tlay, un,l reviewing IN.
terIninai,lc briefs tl1ctl by Chester, tho Advisory
Doar1 late this afternoon approved the maiori-
" report locating the Southern renitcntlary on
hir. Bunn's land at Chester. The actEun OF tho
Boarl Is unanimous, though It Is Btatetis that
there was some prospect Of II division earlier IN
tue day. The Doard made no writton report,
tst,ilbtlcss having in mini tho argument III the
veto ot nrnnd Towcr, that the prison should be
located near some largo lilly, and knowing that
Chester is as Objectionable In this respect rs
Grand Tower. The approval Of Chester is d
mere Endorsement VI tho majority report Of tho
commissioners, md In these words:
The selection OF the above described slc for Tho
sDatae1n llllnots fenitrntlary ID hereby approved
7. Il. NEEnLks, Autlltur.
srn1Sdr1Etn. ILL.,. Sept. 10.
The Board holds !tsclf fortified BY the fellow.
against Alton. Tho opinion Is not addressed,
and appears to laayc ocen written for private
party.
The fotlowfne eucstions involving tho cou.truc.
tfon Of the act 10 locate tho Southern pententAfy
have been submitted TO rs for our opinion:
/. Can the Commia.Loncrs purchase Tho old prls;:
tha 100 aercs In body Tot So 200, making Ia all
-s II tne Commissioners de4tft can thEJ pnfChneN
100 acsc. Of r'onnd In 4 ovdy for . tlte for The
Pen,tcnttary, and then purchase the old pffeua or
any other licee Of ground for stonc.anarry'
a negative answer 10 both questions. This Inw
sccn,s to be guarded ttlau usnal in nrnv!llng
lie Assembly, toT tho specific objects mentioned.
The provIsiun is exprcts tat 'thc cost Of the 10:
cation Including The cost of aui.abtc sisc. shall
BE- paid out Of tho appropriation herein madc, and
shall not uxcccI lho sun Of So UO0." The pow.
ers Of these Conmsso,ess 20 far a. relates g tho
y Money. i e ssp.e.ss .ed Sg .he
.mount 81 The approximation and dc manner q
Ths te ~ ~ 'sa !" ths
the Land wllcl, the structures of tho renisen-
tiary shall 10 erected. but everything. mesanages
purtrnant to said eite. Tie nannef Of enIrylnx IN
iae sad Southern Illinois snltcntiary, o., In other
s T. Sfnsded or !. ~. sss 1efn
twelfth, thirteenth. and fourteenth sections. ii
uMly ior .he ra,pose o. Locating or eonssrnctlns
tsnct fur, purchase, and enter into possession Of
such lind, n,cssaaRcs. and promises - may be
tuei parchssv Tor the purposss mentioned. or tie
said CommIssioness shall pattlcuaty con*i!cr the
prerequisites Of convenience of accsts, elevation.
p1se q Sas 9ee ss y Fsn
Femsenay oeatca ss shs, M Te ea.s ss soa
acres oE lind In one body. Tho ssto VIA what
they weto 70 r rnrshass an ahc cnte. ntG an u tn!s
hcccasary and useinl for snch purpose. and for
encll Slte tho Commissioners can only pay $21 000.
To ray that lie Commissioners NIglt may 5a0, 900
| for Tho land, aud any further amount on tho
| buildings, u to ntacEt what Is nowhere pro-
| bc ,nfcrrcd from amy expression thercn. No hu.
ihorlty I. given to purchase q peniienuary con:
sructeA In who&e or In part, except 10 pa:ccl OF
the sits fur which tho So, 900 10 appropriated. It
las BEEN suggested that tho utc Of the word
"McHsnaErs" In tfc aee0nd section may give color
tn ruuftfucl1nn NDj4h 1Nthnttyp Tim
chsse II buildings. Sotsot this ancient word Ia
mot ,uhcon,saon IL conscyances, and, like the
word .'premiscs." Is frequently used, not 10 cn-
larRe the meaning Of the phrase 'laMd. " Int a.
matter Of form merely. Tho word .'land 10 the
eomr1chcnslye wora. INCLUDING wIthia i a. the
tsMant 10 It. But If it should bo
urged Tint tho phsaae indicates something distinct
| from tho land, then there fs no appropriation for
It. for. BY tls ninth section. tho appropriation IL
''only n1adc 'or tue purchase Of such lands ~ may
! tue erection Of said PenItcntIary building This
section conaEms the assertion that the Commits.
| sioners can only purchase tho site at not
| ceedln9 tho amount nameA, md on that s!to must
erect the rcnftentlaFy buildings. Tho sccpnd.
third. eighth. aaa ninth ascttons must. or this
cur pay for contract for no buildings Or n,ateri-
ais except in tho tnannof provided In The eighth
tlo, by advertising far bids anil awarding the
tsact M therein provided. Nuthtng y lGf! to their
discretion but Tho Right to reject tho bids. All
contracts for anything except tho sIte must be en-.
ten. and half OF The second, third, and eighth aec.
lions. must be conattucd together. ..
STEWARD, EpwAnps i DRowy.
Uy D. 8. EpwAnps.