The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1888-04-07
That Demurrer.

That Demurrer.
The demurrer, entered BY the defense IN
the case Of VIM. r. Miligan vs. The County
Of Ia Sale. was argued by the council on
both sides of the case on Friday, Saturday
and Monday. The narrative fled by the
plaintiff AYERS that he is entitled to recover
the salary Of the bailif or turnkey at the
Jail; the fees for serving summons and sub
poenss in insane cases reasonable allow
anoss for travelling expenses. and deputy
hire In county business.
The attorneys for the county, Messrs
Moloney 4 Stead, brought out that 1t is the
letter Of the law that he cannot receive any
more compensation than his collected fees
will cover whether he collects anything or
not. Their arguments we're, in substance,
that the state law did not say out OF what
fund these things were to be paid, and
therefore it was illegal to pay them out OF
the county treasury. The law says that
the board OF supervisors may allow him q
certain salary, certain amount for deputy
hire, and fixed sum for travelling expenses,
and even though he is unable to collect
dollar, he is only allowed to receive the
amount of his own salary from the county.
Judge Stipp askes, "Suppose that he had
paid his deputies and travelling expenses
out Of his own pocket, and could not COLLECT
enough to reimburse himself! Would you
have him work for nothing"
This question was answered by Mr. Bewer,
by stating that the income from boarding
prisoners was amply sufficient to make up
shortages. Mr. Brewer continuet,-"Sheriff
Milligan had the best paying boarding house
in La Sale county. There was no leaving
on account of bad grub, the boarders made
no trouble by coming in late at night and
falling up the stairs, he employed no bell
boy to carry ice water to his guests, and
they swept out their own cells" The law
made the sheriff the custodian of the Jail,
but allowed him to employ deputy if his
duties did not allow him to take direct
charges. There was no provision, however,
for the payment of the bailiff's salary, and
therefore the sheriff must pay it himself.
For serving subpoenas in peoples cases, the
court knew he could receive nothing, the
supreme court has decided that question
frequently.
In insane cases, where the patient was
property owner, the costs could of course
Do collected, but In the case Of an insane
pepper the sheriff could not recover ices.
He had the boarding of prisoners, the
attendance on the county, circuit, appellate
and supreme courts, and all the civil cases
TO draw from, and why he could not collect
enough fees to pay expenses was more than
the defense could figure out.
Maj. Widmer, for the plaintiff, made Q
very able argument, and held that, although
The law did define the sources Of the sheriff's
income, still it did not say that the county
board could not stand by their agreement to
pay the salary and travelling expenses,
even though there were not fees enough
collected to make up the amount.
Judge Gilbert held the fallibility Of the
superstition, that il the sheriff did not collect
enough to pay his deputies and pay travelling
expenses, he must not receive enough to
make up the difference, and quoted chapters
Of Law which the defense had avoided, and
held up to ridioule the idea Of forcing the
sheriff to work for nothing on peoples cases,
when this claes Of proceedings causes nearly
one half of the jury business of the circuit
court. II thus formed about one half Of the
sheriff's work, and when his fees ran behind
there was no reason why he could not be
compensated.
Judge Stipp has the matter under advise
mRnt