, 1877-10-21

cd by the legislature. And what is the amount Il
ssutes satst By s r. Chen 81 cqf. % o95 a Il
courts Of record. the treasurer, Sheriff. Coroner
and Recorder Of Deeds Of Cook County, cccte
s,i.,,, attcr the adontion of the present Con
their @ r.. only comnenaa,ion for their service
me tolloWlns named salaries. The Conn
~ y i,sas'tfcr sss the sum Of ST. 600 per annum IN
il mas eyer been repealed, modified. or in my man
ner r. changed: Taken IN connection with scc. {
c observed that it is almost in the exact Language
OF that scction,-it would ecem that the only com,
pentat,on .,: or reward 10 which the Treasurer Q!
-. 600 year. and all the - fees, pesquiscs, and
smo'umcnts from whatever source derived, be-
aod 1ng " h. Inc a ps9pe oi the county and OF right
! y sce; Ia Chap 12o. II Inc Revised statntes,
Il is frlrhc: provided: - Tie Trcasurcrs Of coun-
OF Counties not under township organization. shall
De ex- oillclo County Collectors Of their respective
eonnlics. COOK County Is under township orsan-
Hat'on, nnd 10 consideration OF the fact that the
statnlc imposcd upon the County Treasurer the
duty Of collecting the taxes remaining uncollectcd
py the lowh collector. etc., the County Board. as
compensation to the Treasurer Of about Sc. 600
! per year. like sum WAS subsequently paid to
rs successor upon the theory that the fa1ury Of the
Treasurer, a. fixed BY the Legislature, was for
services rendered as Treasurer simply and the
statute imposed upon him the further duty OF col
!ec!ins tue taSes tic WIS entitled to further com
L. tue Supreme Court OF this State, in the case
OF hi!5oLe vs. The People. etc. .76 Ill. Hcp.. 54S.
10 any extra compensation by reason Of the fact
taat he IS cx- ottcio Collector Of the county. In
tils case which was an action on the bond OF Kil~
gore as Treasurer OF Ford County to recover
moneys which he declined to pay over. claiming ia
nolu thc same as fees for his services Collector
Judge Ere:tc, who rendered the opinion VI the
oiicc Ut Treasurer and Collector are distinct, and
ms risl!t to retain the statutory fees and commits
sions " COLLECTORS perfect, notwi ttstAnding his
xsaiary as Treasurer may have been liked.
The proper construction Of the statute is TO con.
siaer 1t US inpes'n:: additional dnties only, and
not as c''nferrlns additional office
upon the County Treasurer. We are Of the
opinion that arpcl1ant held but one oilicc, for tic
performance OF the duties Of which, including those
of Collector, compensation WIS provided which |
cannot be increased All the fees and allowances,
therefore, beyond that, bclong To tie County !
Inability on the Official bnnd WAS complete. -
From the quotations CITED it woula that the
Treasurer OF Cook County must not only perform |
the duties of Treasurer, but also collect the lakes
remain5n. nncoected by the Town COLLECTORS re-
celsins au conpensaton for his services salary OF
81 ooo and no more rhis At first thought may
Of this office, and the Treasurer is
clerks and assistants being provided and
paid for oy the county.
1t is generally understood. believe. that the
Treaaurcr receives large Sums by way Of interest
lot that there is any provision in our
statutes authorizing the Treasurer to loan this
nch action; but that there ought 10 be prohlb-
tory statute on this point the experience 1T the
asr uY 'h By t 5 5snt
oans. retains the interest received. it is not
asy to discover. The County Treasurer,
Ike all :, oiher o; county officers, i simply
act of hs havin!, given bond for the falhfnl dis
barge Of his dutlcs in no manner ch"n:es that
mt an agent cannot spcc"atr with his principals
triscd thereby; cspsc'ay il he has s no s spsciIe
il possession. IL \ asage,1 collects or receives
,nas beon.ing to H. his principal. under ins,suc
ons to safely keep and lay the same over Ut a G
III thereby derives i beuelt by way oi interest | +
: otherwise, i, the principal. is entitled y
such benefit, md \ TO NJ part Of the same. II.
C people Ut the county. without SPECIFIC author i
loans tnc money oi the sounty.-Ais principal, a
~ bound to pay the same over to his principal, h
lncly. INTO the County Treasury? y
But without reference to this general principle ),
law. II the Treasurer Of Cook CpuEty ii allowed -
loan the funds of the county and put the inter-
received. amounting to thirty, forty, or hfty
ousand dollars. in his pocket, what becomes H
oviss that M IL fecs perauis,aesI Ma.sn
d cmolumcnts above the amount Of said ssarr I r.
all be paid into the County Treasury: Is not VI
Is interest money pc?Qulsite or cmolumrnt:
d is it not evident that the trainers OF our Con- =.
tntion inserted this clause for tile very purpose |
cutting off this corruption fund.- and Of COM
ling the Treasurer to pay over aud account for
the money Which comes into his hands from
atevcl source derived, sayin. only the amount tn
mis- salary as fixed By the Legislature! VI,
here are large number Of decisions which bear Of
re Or less directly upon this point, aud thr tn,
COLTS IL Ss@ and 0 M nss secS IL
fss This as case S'a'' = rsported ihs N nFt4t; e
richmond County w. Wanae and was IN acton stpaa
tue bond given ny Wandcl as County Treasurer TIL
Isndsrin the decision in this case the Court
kes use OF this strong langulye: 'tThc notion
public officer may keep back interest which I'll
has received upon deposit Of public money as TIL.
exquisite Of office, an a1lront to law and oior
and ii done with evil intent Is nothing less than
oezzlencnt. 1t is claimed that the defcndant. ths
are eurctcs on the buud not liable for the ~
Il OF interest received by WanIcl upon moneys Ine
onsing to the county, but it is tiicut TO dis iet
CT any reasonable grounds from which 10 c5- Dur
It them fsom liability AUD
hethcr orr Present Treasurer, in making his
settlement will seek to retain tho interest re-
ed on the moneys OF the county which he has
&c . very honest man. and in tho discharge Of
official duties he has met the expectation of the
'sysrs qt {1fe!n the COUNTY H.; ;encray It. fir
ssury all the foes, perqHisltcs. and cmoln- r
+ T. - received during bis term Of office. And,
I'D he or his successor fail to do this 1t is not
2lent presumption to assume that the already anu
bnrdened taxpayers Of this county Will take IN t
ttcps Is may be necessary 10 | anu
yer all the money belonging to them. IT, then 1lms
otal compensation to which the Treasurer uf | Fro
( County is legally entitled is thu SUN OF tht
90 pcr nnnutn-thc salary as liked BY the Ley | ,ha
IL fns ncron;s,n arJ ,,o,, ~, .u t"e dreas, read
and above Such saiary, ss provided by Sec % y for
X, Of the Constitution. Is il no, folly for those
cN,cn vino are candidates for this position 10 |
MI any considerable sum Of money in cDdcar. !
to secure il, and may it not fairly be inferred
those who are lavish III the expenditure of Atl
money intend tu rob tc ucol,iu, il elected 10 na
Jflce, in order to reimburse tllenssclycss III.
hIEK HAYES. ;ro =
is difficult to see how interest on deposits ., .".e
be regarded as "peFluistcs or cmolu- ed in
;s.'' Tie law does not recognize any such ing t
as interest on deposits, and Treasurer is =.
Expected to receive any interest or TO ac- 80
for it. The law simply requires the @ Io.ns
surcr to give L bond, aud it looks to him .s,ns %
lis bondsmen for the safe return of the so.u
5. Were he required to gct Interest for "-M "..n'
ty funds. it might he held to relieve him Iaa
responsibility fur the principal. Nor does IN
any time lend money to the banks Hc | l. pal
sits his funds there as others do: it. is hraEc
convenient than Keeping them in his safe, nIicc
eposlfs where lie plcases. at his own risk. until
t the banks at the cnd Of his term OF on sal
e choose to give him any douceur or VII
-arium for the favor conferred on them ~ " i :.
lid be hard to sec how he could be called ycst :
pay any such gift over to the County EOi,
urY. Alr. Hawes construction of the law Blue
+h,k