Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1912-01-18
STATE WILL keep
TAB ON ITS FEES
New Law Will Likely Be Pass
ed at Next Session of the
General Assembly.
TO HALT EXPENDITURES
Purpose to Make All Departments
Turn Over Funds to Treas
--er of Illinois.
TO HALT EXPENDITURES

Springfield, Ill, Jan. 1s.-It is al
most a certainty that the forty-elghth
general assembly, which does not meet
until next January will be called on TO
pass a bill amending the law requiring
all fees to be turned into the state
treasury and to be paid out again on
ly on appropriation OF the general as
sembly and the warrant Of the auditor.
SO as to include all charitable,
educational, penal, reformatory and
correctionary institutions founded, con-
trolled and maintained by the state,
the board Of private industries, the
state board of agriculture, the Illinois
horticultural society and the canal COM
missioners. This may be the result
of the decision of the Illinois supreme
court in the case Of the board OF trade
of the city of Chicago ct al appellants
vs.. w. Scott Cowan, grain Inspector,
ct al, appellees.
This suit was brought to restrain
Mr.. Cowan as chief grain inspector
from paying into the state treasury a
fund of s64,560 received from various
sources for the inspection OF grain,
and to enjoin the grain inspector from
ceasing to maintain an adequate grain
| inspection. In effect it was testing the
constitutionality Of the act passed by
the general assembly in response to a
communication from Attorney General
William H. Stead that all fees must
be turned into the state treasury and
could only again be paid out an APP
preparation. The superior court ot
Cook county dismissed the bill fol
want of equity, the board Of trade
appealing.
DECISION Is FAR REACHING.
Justice Dunno handed down the opin
ion of the supreme court affirming the
decision Of the superfer" court, and th'
decision is of far reaching effect. 1
supports the contention of the attor
ney general that all fees are the
property of the state whether the!
are ever paid into the treasury ant
can only be paid out by appropriation
The bill as originally drawn by tht
attorney generals office included ever!
state officer, board and commission
having to do with the handling o
state fees. During the progress O
passing through the general assembly
several departments were eliminated
from the provisions of the. bill, ant
if the decision of the supreme cour
is followed 1t will be necessary t
amend the act to include them.
Justice Dunno says: "The appellant
counsel agree with the attorney gen
eral that if the fees belong to tn
state, they are, in view Of section
; of chapter 130 of the revised statutes
in legal contemplation in the custod
, Of the state treasurer, though the
never came to his actual possession
, and it follows, by virtue of section 1
of article 4, of the constitution, tha
they cannot be drawn from the treasur
, for the payment of the expenses G
grain inspection, or for any other pul
pose, except in pursuance of an al
preparation made by law and on tn
presentation of an auditors warrant.
l FEES PROPERTY OF THE STATE.
, The opinion is emphatic that tn
: fees are the property of the STATE
: the justice saying on this point:
: THE state renders the service an
. as entitled to receive compensation frol
E those for whose benefit, presumabl.
: it is rendered The chief inspectC
: and the deputy inspectors are officer
: of the stale, and the fees paid for il
spection are in no sense their prope
4 ty. They are paid as compensate
/ for service rendered, but the servic
r is that of the state, rendered throug
i its agents. That depar
Y ment is a part of the state governmen
= and its receipts are as much a part {
v the public money as are those of tn
i secretary Of state.
= Even though it be held that the
3 must be kept as separate fund an
| can be devoted to no other purpos
n than the payment of the expenses {
grain inspection still they belong I
the state and are under its contr,
for the payment of such expenses
z Inc Is none u
u less public money of the state becaus
> devoted to special purpose of a spe
/, ial department of the states Sc
It vice"
It APPROPRIATIONS NECESSARY.
II Having made it certain that Il
; fees are the property OF the state, Il
g justice in his opionion clinches Il
n manner of paying out these fees whs
e he says:
:. I've have held that, Independent
n the act in question, these fees cam
be paid out except in pursuance of {
appropriation and On the warrant
le the auditor
1t What is true of the grain inspectit
IT department is said to be true Of {
lie other departments, and It is for tn
is reason that legislation is expects
that will bring the charitable, pen;