The Indianapolis sentinel. [volume] (Indianapolis, Ind.) 1880-1904, 1885-03-12

be enjoined or abated aud damages recovered
therefor. Or. 8. 1881, Sections $50 600. 2)il
II Is further provided that every person who
shall erect or continue and maintain any public
nuisance 20 the Injury OF any part OF the citizens
OF this state, shall be fined. Or Z. 1881, Section
After any person shall have been convicted Of
erecting, continuing or maintaining any public
nuisance, the court may make IL part OF its lu1g
ment that such nuisance DC removed by the
proper officer. ;. ISL. Section 1.ss9
IN Hang vs.. the Board go Ind, Gill Il has been
held that county IL ect an action for keep.
ing and maintaining a nuisance.
The statute provides that such Commissioners
shall cause courthouse, jail and public ices
= the Clerk. Recorder, Treasurer aid Auditor @
b erected and iuInfhco where the same has not
yeen dore. Shall keep all the public buildings OF
bic, shall be made ire.pr0of, and shall DO occu.
pied by such officers respectively. X. g. ISL,
The statute prcscribcs the manner m which the
Board OF Commissioners shall proceed Ia the con.
struction OF a Court-hOute. X. S. 1881, Sections
4.2f3. 4,2ia, 4,2t6, 42i6. 4.2t5, 6.7f9l
The Judge OF the court II authorized by statute
TO cause repairs TO the court room. TX. 5. lasi'
While Il is inc duty OF the board to provide n
Courthoute, the kind OF uourthou.e, IL, slzel
cost and quality OF material out OF which t shall
be constructed, must necessarily be left 20 tho
discretion OF the board. The people ". In Sale
sionofs OF Gsgc County. 3 Nebrsssa 49, az.
huch Il tho discreet on Hith witch TIE board Il
~ at H. n, l ~ 5sst r haeee
o. " Tho contract t les 10 proceed win thp cree
ton thereof ~ nll Nun. Corn, section sli. IN
In re- Hack supra the court held that while no
court Will not mandate huaid 10 build g court
court would compel the board 10 provide suitable
rooms for the court and county officers 10y rent
inN
su3 90 lnH the court Saw "itad the county hoard
failed aud reiuted 70 provide any hlhd OF jail Ia
| peafed that The finances of the county were such
a. 10 justify tho construction 0f jail, we ere Ia
| clintd a. the pplnlen that inc duty enioined by
| such h Ne THE case. While Tie PROVISIONS OF the
statute q iuifinR The County Boafd 10 furnish a
| iRi may retarded hs mandatory which, uh'
| Der pfcr circumstances, the board mar be CONS
| peiltQ in - pfve tel the tind ~ JAIL 10 be pro.
/ he tasta absv bsys lie esis nn,,ss H. dalaf'
mine ~ 10, cost, and quality ~ me material Of
| which ! snail be constructed, and the various
ne SAME ia 10 iat ~ these ' yerS4a maiiSs 81
discretion re concerned The courts haYe 40 pow
hoard les provided jan which has been h isa
| q me count ns eppsets iot ment feaf, Now
| vide AND htth ~ repair . tullhhle tqntthgpsp
and lnll Tie complaint here Il that The ai ~
| not suitable but That u nol q aueiliQh iaf tha
| 10 determine whether lha iaiiis suitable of n1I
| n The vout, hnd the power a. interfere "a lhls
ease hsthuse the al WHH not properly Ventilated
and wna damp, end the room wac ~ small nnd ems
hhnutiyd the lives ana health ~ The prisoners
sg We ,slps g'lgslp,f eSs count, saea ~
pnttf ~ tie county wee able % allow that The
ptiih were tu0 ANAL ~ tie huiltinH Insecure, 80
| thht money ennuHh heel not hpeh pkn3pdri ~
make the building a. pltHahl 90 the wealth NJ ma
! county demanded, - Hueh pase the t0ufl also
/ Nanid have a. lDieffnfp hnni however, Wnuil
| w. Ueal reltetl0A II the statute The LaflAiai
| life haa HYen the discretionary power "a tho
| Hoard pl hupefylaais . hodg elected iFam eseh
lts1halhoiei and quality OF Tie county hnidinas,
| phh When Thai power has been exercised by tbs
Heard y Y no tail 81 ne auH OF the ueuiia Va
| u haA been held M lhja alale that mandate
VIII To o. compel she lueth nfHhWiia 81 fapaif a
| tnhile htlanei ltQ lhau hl. 20 lhlu ~
| county ~ connection win a Court house, II nnl
| the same ~ that appli4d o. public bridges, 100
! Nml5 u 80 ~ sall 10 hinhu poi ~ Ahf w.
don't pasa updn those questions bat merely
tngnest them thst tie ainiouiles of the noard of
| Health la ia proceeding a. demoliah Court
| hnuhe may he observed
| miHht further suggest without passing on the
tuhitei 10 this case that ~ many ga % u has been
| hfld That the general words at d statute do not
| hneel county ~ respect 10 lls public hniiinRti
| u has heen held that tentlh9pse IL not subject
20 eAaou0n oF ioa mechanics lieu az o. hsatas'
| mems for streets, etc tommasinnefs Oi faike
| County, 1 OC0nner No. Ind, h9l Lowe W, Hoard
| "a Ind, hhal heoreat W Hoard II Oommi .sQnera
/ ~ Delaware County, decided January Hn, laah
And u n proper subject 10 consider whether the
| general terms oi the h0afd 81 Health would au,
! thoTlae the demolition Of pourthoueo,
! have mnhe these hngnetll0nH lhal II may ha
i observed That some leHai uuestionh 81 Importance
may arise IA connection with tho proceeding of
] the Hoard oi Health HnRnsl tho washington
| lonhly V0nnshouhe, ana that these questions
should pc left Go the action 81 some court ~ com.
| pelenl lnElAaielion mol 10 the arbitrary Judgment
Respectfully,
FnAson Z Honn,
AtlofuVV tleuVfnl al Indiana.