The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1882-07-15

walls as to how the balance OF the dog tax III
any, can be legally disposed Of; therefore
Resolccd, That the county attorney Is here.
by directed to report In writing to this board
answers to the following questions:
"a What is the general fund OF the towns!
I'll If the town directs the supervisor or
town auditors TO pay the same to the school
or road fund, or TO pay the same to The persons
paying the dog tax, will the supervisor DC JUS
titled in paying the same?
60 Can the town auditors dispose OF the
money IN paying town expenses WITHOUT
vote Of the town?
(4 Would the supervisor be personally la
BILE for moneys paid out by order OF the town
if such order was contrary to law?
90 What order on the part of the town Is
binding in connection with the dog tax!
To which the attorney makes the following
answer in writing:
n) am of the opinion that the words las
TO the general fund Of the town." used IN the
second paragraph of the third section OF the
act must be held to mean all OF the
funds of the town IN the hands OF the super
visor for the purpose of defraying the charges.
(2) do not think the supervisor would be
justified IN paying the balance OF the DOG IL
first Monday in March, after paying losses on
account of sheep killed by dogs to the school
or road fund, or to the persons paying the
"dog license" even though directed SO to DO
by the town nor would the town auditors De
warranted liz auditing any claims OF any OF the
above mentioned purposes which rested only
upon vote of such town.
(3) Such balance having been turned into
general fund of the town, l am OF the opinion
that II must remain there until the town OIL
reefs to what particular town charge the same
shall be appropriated. 1t follows, therefore,
that the town auditors can not dispose OF the
same, without vote of the town.
4) am inclined to the opinion that the
supervisor would be personally liable for pay
ing out such balance, even il directed so to 90
by the town if such direction was contrary 10
law.
o. In my judgment the last clause of Sec. 3
of the aforementioned action, to.wit-"to be
disposed of as such town shall see proper
should be construed as If the following words
were added: "For defraylng any town
charges, except for the support OF highways
and bridges" Hence 1t follows that the town
may direct said balance to be used in paying
the town officers for services rendered; tor
paying town indebtedness, either as principal
or interest, and for paying all contingent ex,
benefit of SAID town, as well as for oil other
charges for which the town by law could tax
its Inhabitants, save and except the support OF
highways and bridges.
Gilbert stirred up a hornets nest by present
ing resolution giving the Board OF Trade
Telegraph Co. permission to pass through
this county, in lines running from Morris to
Streator, to Ottawa, to La Sale, Peru, Mendo.
ia and Wenona. 1t was wonderful what com.
motion this thing kicked up. Flaherty moved
its reference to the road and bridge commit
tee, and made speech in which corporations
in general and this Telegraph Co. in particu
lar we're handled without gloves. Lewis and
Gilbert didn't see anything so fearful IN the
mere granting of PERMISSION to company to
go ahead and get right of way, which is
really all the county can Go, as the boards
permission releases the company from nc
obligation OF any sort, and gives them moth
ing IN the way of property. Parr, however
saw visions OF broken-down fences, trolling
wires, when the Western Union had gobbled
the new company up and nc damages collec
table. Finally it was again referred to the
committee.
The building committee reported contrac
let tor building boiler-house to T. Il IL. Col
WELT sA,920; and steam fixtures to Baker
Smith Co., $4,000. This committee say
they a.. spon' 4 date on court house, $65,
Lei and IN ali $94,267.37: on boiler-hous'
and steam heating, $s,16l67; and miscel
llaneously, s$A10.70. Report approved.
James Clark ct al, OF Utica and La Sale
owners of overlooked lands, asked an abate
ment of assessment-fxed this year at 81 pei
acre of one.third the acreage. Griffln ant
Gilbert said ahe lands had produced nothing
tor three or four years. and should be assessed
at a nominal sum. The report was agains
them, however, and the board refused to dis
turb the assessment
Thos. Thompson, oat Wallace, wanted hit
taxes for 1879, 1880 and 1881 returned. Che,
were found too high, but the committed
thought it too late, and the petition was 40
granted.
Flaherty thought the enormous amount q
work the committee on fees and salaries
would have on Its hands to enable 1t to report
In September would warrant that committee
in assembling week before the board met tt
figure up the labor each would have to dc
under the new order OF things after the Sep
TENDER elections. Hoffman thought one extra
day would be enough for them and Belling
hansen, chairman, thought they didn't need
any extra time If the members didn't 90 to
sleep between now and then. The chan
thought the expense unnecessary, and that
there was no use IN debating how or when
committees shall work. The subject was
dropped.
Hlkok called attention to the fact that
while the corener had been ordered to draw
money IN $50 lots to pay jury fees, there lad