Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-03-26
TAKEN
IS ILLUSTRATED
BY CASE IN COURT
Point Brought Up to Show the
States Attorneys Plea for
Assistance Is Sustained.
IN PROGRESS OF TRIAL
Attorney Quotes Law In Premises Put
ting Supervisors In Bad Light
In Matter.

A pointed illustration Of the i'm
portauce OF the board OF supervisors.
providing for an assistant rJ- state 8
Attorney Floyd f Thompson, was
presented In the circuit court on the
opening Of the trla. Of Edward A.
Grape, who IS charged with an assault
with intent 10 commit murder Hon
e. j Searle has been employed by
tho State Savings and Trust bank
OF Moline. 10 prosecute Mr.. Grape,
who Is accused of shooting through
the window OF the bank. az the assist
ant cashier. and when Mr. Searle ap-
peared in open court as the paid at
torney Of the prosecution. p. r. Ingel-
son. the attorney who Is defending
Mr.. Grape, objected TO Mr. Searle ap-
pearinE in the case, and said:
"I object on behalf Of nv client 10
Nj Searle appearing in this case as
assistant states attorney Section III
~ an act Of the Illinois Legislature
provides for the payment OF salaries
Of state attorneys and heir assist
ants. defining their duties and provid-
ing for the appointment OF assistants,
approved June IL 1912, and says
where assistant states attorneys are
required. In any county, the number
OF such assistants and the salaries 20
be paid 20 such assistants shall be
determined by the board OF county
commissioners. or supervisors.
The Legislature having cast upon
the board Of supervisors OF this coun-
~ the duty OF determining whether
or not an assistant states attorney
Is required, that BODY. and that body
alone. can determine whether in a
given case. the states attorney shall
have assistance And IL appearing
from the records OF the proceedings
OF the board Of supervisors OF the coun-
~ Of Rock Island, that the states
attorney has asked for assistance. and
the board OF supervisors. IN its judg-
mer'. has refused % give him any
assistance whatever. II necessarily fol
lows thHrthe board Of supervisors, the
body upon whom the law has cast
the duty OF determining the neces-
sity and advisability Of permitting as
sistAnt counsel 70 appear and assist
the states attorney in the prosecution
OF cases IN this court. and that body.
having in rs judgment determined
that IL Ia not necessary for the fur
therance Of Justice that the states
attorney Of this county shall have as
sistauCe
Il wish 20 call the courts attention
20 the fact that these authorities cited
holding that the trial court can de-
termine that question. were cOnsd-
cred prior To the enactment OF the
Law Of June IL. 1912. and that the law
OF June IL. 1912. takes from the court
the power OF determining this ques-
ton. and places ~ with the board OF
supervisors and makes the Judgment
Of the board OF supervisors final upon
the question"
Judge Olmsted overruled Mr. Iugel-
sons objections. and II is likely that
the point will be passed on to the
supreme court ~ the state for a final
ruling
OTHER COT Mites CITEDS
% must be- admitted by all who
know anything about the business OF
the states attorneys office, Of this
one OF the largest counties outside OF
Cook. IN the state Of Illinois that he
should have assistance to perform the
duties of The office IN a proper man
ner For instance. SanCamOu county
OF the class OF this county, has four
assistants Hence IL lis not unnatural