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

no demand made upon him Tor that balance
as none can have been reached until his &C
counts shall have been passed upon; and this
has not been done.
Yesterday morning Judge Gilbert proceed
ed with his argument. There are ssvera
sections of the criminal code which define
offences Of different county off ,ers. and
there are other sections Of a general appli
cation. Special enactments apply to the
conduct Of each officer named, and where on
officer is specially provided for by the stat
ute, the general provisions Of the penal code
are excluded The read dscision Of the
Supreme court exactly to the point and the
misdemeanor or crime specified must lbs
punished by the special penalty provided
He read extensively from Bishop "0n the
Interpretation of Laws" and asked the
court to note the slightly differently worded
acts IS given by two Of the later oompila
tons Of our statutes. The legislature said
that county and other officers who collect
money belonging to the county or other cor.
lporai li..a, and held it for safe keeping for
such corporation, and who fail to account
therefor, shall be punished &c. But in
cases where such moneys are partially his,
or all, no 6ne can be imposed until a settle
ment shows what sum he holds and which he
refuses to pay. The Supreme Court in q
! certain case, actually made decision upon
a misprin;ed statute, stating the instance
The defendant has made his reports regular
ly to the county board, as the law requires
but the county board have actually refused
to audit his accounts, refused to make set
t'ement with him, refused to obey the very
law they rely upon for their own authority
to act. The sheriff cannot keep his accounts
so as TO tell at any moment what he owes thu
county. He is constantly receiving money
constantly making expenses, constantly
paying out money, and constantly obliged t.
do or hesitate to do doubtful things, or maxi
expenses which the Board may allow, ant
even il allowing, refuse and err in refus
. ing, and hence settlement is necessary.
careful examination Of accounts, SC. Thi
ex Sheriff Milligan has constantly been vii
ling and ready to settle, but the county boar
: have constantly refused or neglected to ex
) anime his accounts or mako any settlement,
He read from authorities showing that tn
/. act charged against the defendant was no
an offense either by the statutes Of Englan'
: nor the common law. SEQ. POI, Of the Grim
inal code, under which this indictment i
= found does not apply to the sheriff. TIL
special law rules and displaces the othe
t act. The Ex.Sherif cannot be lawfully in
dicted till his accounts have been settle
o and he is found to justly owe the county
and refuses to pay. A trial Of an indicl
ment can not be turned to civil suit to effet
) settlement, that is in the exclusive jurisdit
ton of the civil code; the trial Of an actio
r on the criminal docket cannot be trans
formed into a case of assumpsit Ever
: sheriff Of La Sale county since the ament
ed fee and salary act has been paid by tn
county or:summoning jurors. Tho statut
expressly says the sheriff shall be paid
certain amount for summoning jurors, b,
J, does not say who shall pay It, and the bear
have gone on payiog for this to the sheriff
. but now they come In and say such pay
. mont is unlawful. Now they desire
j. send Mr.. Milligan to the penieentiaxy. Fl
. whats For knowing moro about the Ia
r than tho board of supervisors, or all tn
lawyers and judges In Ottawa. The fact
t that Mr.. Milligsn has laid into the count
} treasury exactly the amounts the count
board have said he should. Bat for tn
last year he has not settled because tn
q board would not examine his reports. III
has made two, as the law requires, and h
can do DO more. The boards refusal I
settle Is not his fault but their own direlet
ton OF duty. They are the iaw breaker
themselves The board has deliberatel
refused to act upon these reports, the fir
filed two years. The Supreme Court hs
decided that mistakes and errors may b
corrected at any time. Why don't the boar
examine these reports, point ont the mi,
takes and put themselves right before tn
world, as we'll as giving Milligana chano
to redress them and pay any balance b
may owe the county or receive from It hi
due. And YETI the committee of the boar,
rot having done their duty as precribe'
by law, they come before grand jury ant
get him indicted. His duty depends upol
their doing their duty first, and then bal
ance found due, and he falling or refusin!
to pay IT, then he for the first time would
be indictable, and not till then.
Duncan: In cases of school treasurer
and county treasurer1s, their books and &C
counts require no auditing IS in the cas-,
of sherif's from the nature of their bus
insss. Their accounts must be audited, ant
as no indictment can lie against any On,
for criminally withholding money unit
the fact be definitely known that he hal