The Ottawa free trader., 1877-02-03
THAT JAIL,
Judge Leland Sustained by Illinois

judge Leland Sustained by Illinois Suprcm,
Court.
On Wednesday or this week, among n host O
other opinions, there were filed at the Office o
The Clerk of the Supreme Court in this city th,
opinions on the appeals in the Jail cases. the pc
utons for lniunctlOn and for MaudamlIs, tried
las! fall before Judge Leland.
kThc public Is familiar with the facts of these cas-
es, 20 there is no need of repeating tlcm. Follow
ing We give the substance of the opinions. The
nrst is in relation to the Injunction case, Stuar,
= al. Is. The Board OF Supervisors. After review.
fng The ayerments Of the bill which is substau-
'iaIiy the wen known report of the Grand Jury
0i september ON the Jail, Justice Walker pro.
eecds
These were tue material aycrmcnts Of the bill
ana 10 u defendants filed II demurrer which the
court sustained and dismissed the bill, and com.
Psahaiit, 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 10 grant an
injunction 10 stay or prevent the execution OF II
sentence IN a criminal case. To grant this in.
Junction aud prevent the sheriff from confiRing
plaintiffs in error in the county Jail, in accord.
ancc with the terms OF the sentence, would be
an unprecedented Interference by n court Of
ChahccTy with the administration Of criminal
IuotiNN' ~ p'tNCutHb lot bNGn ttlltI mas hCcu
referred 10 and We believe none can bc found
Prior 10 the reign of Richard / and lonp after
bis reign the chancellor entertained jurisdiction
20 restrain persons from committing g,dSi erin.
nal ohenses and acts Of violence. He also heard
such cases and rendered decrces But i'm such
cases 1t was always aycrcd 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
Al 80 T.
was Abandoned and has never since been claimed
ar exercised
Nor 90 We find even in those tumulluous
Zines 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
the peace or the granting of writs OF h1bcdS cor.
yyS There Is not, nor from the nature and organ
.Eaton Of the court can there be jurisdiction to
s'ay or prevent the execution oi Judgment in
criminal case
Again, there Is complete remedy at law in
cases Of this character The tenth section of
chapter -, entitled "jails and iailors" provides
hat when there is no Jail in a county, or il is in.
sufficient, tie sheriff may commit any person in
his custody, either ON civil or criminal process,
% the nearest sufficient jail of another county,
and the iuilOr OF such other county shall receive
d cOntinc such prisoner dc. Now the first
u ion OF the act provides " that there shall be
g aud maintained IN good and sufficient con
i.aoh his state, at the permanent seat Of Jus.
'thln Ii county The word sufficient as used
ice ioTsih IN applies as well TO the good con
a thls sccoi repair. No person would we ap.
ltlon as TON I'd that jail that was filthy, Of
rebend, conps 'althy, was in sufficiently good
snsiyo and unh, ity and common justice would
ondtlon. Hume. II the county authorities
purn such an ida nit the jail TO be warmed
ere 10 refuse 10 rcr. 'ef, we presume all would
ie1troncly cold wsseA, ,uld be brutal and cruel
y I1at such conduct =, e disgraceful TO even
, "a eAtcnt that would ! Ters are exposed to
~. ~ rD@.ousi and when prA>. 'ing stenches, aud
W. ~, ho some odors and slA and their lives
~ Sir heaiti necessarily iDjuse, not The same
Ia, uSngered oy such confinement. IN degree.
TTeiy as freezing they only difc, my county
:. HS' .I large, popuious and wcs yehce and
te tnis, winch Is noted for the inteA 'ch aJaii
= su,e oi us people. should maintaiS a dJury
IS described by the report on The 60, Grip
ms 70 be sAnost incredible. The. er> Is
D gwen by The Grand jury shows ths. q el
thsome and 1holly insufficient 10 axswersl
poses Of q Jail. From that reDort ii s,,csr.'
.udltlon 70 its nithy and unhealthy conditIon In
PC Impossible 10 properly separate male and w
aie prisoners, and 70 separate minoyS sro,n Iccrl
and hardened offenders, or to separatc r,,osa Cor,
Fged or convicted Of misdemeanors S,one 81.
sc charged or convicted of felonies 81. n, IOais
7 be that a woman can be placed In a oil 1ov
separted from the main hal! where tac ,.,si ''"''
oners sTc confined by az iron grating .,,s slota
o. subject 70 The annoyance of ohsccniy 80 10