The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1888-03-10

on the motion by w. Il. Milligan's attor-
neys to exclude the testimony offered b,
the State; after which he instructed III,
jury TO render verdict of not guilty
which was accordingly done. And "her,
endeth" the second chapter of as thin
farce as La Sale county ever saw or listen
ed to.
Judge Stipps opinion, which is consid-
cred the ablest he ever delivered, Is as fol
lows:-
OPINION OF JUDGE sripP on MOTION TO
EXCLUDE EVIDENCE.
If the evidence had been concluded in thi:
case under the indictment, and the Court hat
been moved to instruct the jury to find the
defendant not guilty, the Court, as now ad
vised, would have sustained that motion. II
has been remarked by counsel during the
progress of the discussion, that this motion
amounts TO a motion to quash the indictment
or, to motion in arrest Of judgment. That
is true; that is just exactly what 1t amounts
to, If it amounts to anything more than i,
purports.
The whole question as presented here re-
solves itself into one very small question
What did the Legislature of this State mean
to do and affect Mt the time they passed the
two sections of the Statutes, the 27lst of the
Criminal Code, and the 35th section of the
Chapter on fees and salaries What did the
Legislature mean to do by the passage of
those two acts at the same time?
1t is very plain to me what they Intended to
do. | have examined the indictment care.
fully, and have examined all the authorities
to which have been referred as carefully as
could do. The indictment as presented
here alleges that William K. Milligan was
elected as sheriff in 50, and that his Office
expired in SO; that during that time he was
authorized and required by law to collect and
receive, and did collect and receive, certain
fees aud emoluments of him, the said sheriff
for his services, which he refused to pay into
the county treasury, after demand. That is
in substance the first count, and the second
count is similar to it. At the time of the pas.
sage of this fee and salary act, or its 35th
section, the 27lst section, substantially as 1t is
now, had been long in force, and the words OF
these two acts, SO far as the crminality-so
far as the substance of the offense was con-
cerned-are precisely alike; they are the same
Offense. 1t Is not often as wise Legislature
as that of the State of Illinois gives two pun
ishments to precisely the same offense. They
did not mean to do it--they did not intend to
do it. They sometimes inhct punishment
by way of Indictment, and also give qui tam
action forlsome penalty for some single ingre.
dent, perhaps, whichtenters into the grade OF
the Offcnse; but they never, | think, with
their eyes open, inflict two severe punishments
for the same Otfcnse.
Now, when they devised this statute, they
found in force this old statute, section 27l. |
will just turn to the two sections for the pur-
pose of reading Il word or two from each one.
The language of the 35th section is this
Amy county officer herein above named
failing or refusing to pay over to the county
treasurer the fees of the offices as provided in
this act. or who, knowingly, demands or re-
ceives other or greater fees than those herein
provided for, shall be deemed guilty Of high
misdrmeanOr and, on conviction, shall be
fined in a sum not exceeding $1,000, and i'm
prisoncd in the county jail not exceeding one
year"
Now, it will he Observed, here that the
words of the statute are" any officer herein
above named, failing or refusing to pay over
to the county treasurer the fees of the office
Now, we will read the 21lst section: " If
any State, county, town, municipal or other
officer or person who now is, ar may be here
after, authorized by law 10 collect, receive,
safely keep or disburse any money, revenue,
bonds, mortgages, coupons, bank bills, notes,
warrants or dues, or other funds or securities
belonging to the State, or any county, town
ship, incorporated city, town or village, or
State institution, or any canal, tnrn pike, raj :.
road, school or college fund, or the fund of
any public Improvement that now is or may
hereafter be authorized by law to be made, or
any other funds now in being, or that may
here after he established by law for public
purposes, or belonging TO any insurance, or
other company or person. required by law 10
be placed in the keeping OF any such officer
or person, shall fail or refuse to pay or deliver
over the funds when required by law IL is
"a Coil rafna n1 70 I'm hnt