Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1915-07-15
LEGISLATURE HAD
A RIGHT TO ACT
s. Il. henWorthy Argues General As
sembiy Has UnquestiOned An
therity Over Jails.
IG0E LAW WARMLY DEFENDED
Legislation to Have Institutions Piac-
ed Away From School Building
is Praised.

That the state legislature has a per
feet right to pass legislation prohibit
ing the erection OF county iails within
geo feet of any building used excIu-
sively for school purposes. was
point urged by S. r. Kenworthy Of
counsel for compliments in the jail
Injunction case before Judge " T.
Church in circuit court this morning.
Refuting the argument advanced
yesterday by C. J, Searle. that the
county owned the court house square
and mad right to use it as desired.
Nr. kenworthy advanced the view that
the county had no property or money
Of It's own except such as is public
and held in trust for the people. He
claimed the only interest the county
could have in the court house square
was the naked fee in trust and that the
legislature had unquesuoned authority
TO even go so far as TO order Rock
Islands new county jail torn down,
even if it had been erected.
1T seems to BE the position OF the
defendants in this case that merely
because the county has a square, that
it is the only place in the entire county
where a jatI building can he erected"
urged Mr.. Eenworthy. The fact Of
the matter is. the square belongs to the
public, and the public, through its
chosen representatives in the general
assembly, has spoken. The legisla-
ture has said jails should not be erect
ed within 200 feet OF a school building
The situation would he the same as if
the court owned 100 acres Of land
and had erected a beautiful mansion
and then decided that he would not
erect a hog pen within 200 feet Of it.
The court, being the owner, would
have undisputed right to place the hog
pen any distance from his mansion he
desired. So I'm this instance. the legis-
lature has the unQuestioned right to
order that jails be not placed within
200 feet of schools
THAT this legislation is wise. no
thinking man can deny. The argu-
ment made by Mr.. Searle that ii is ele-
waiting for school children TO look at
jail buildings is absurd. People do not
bring their children down to the coun- /
ty Jail for the purpose Of impressing
ON them the police powers of the
state.
Contract Not Involved.
'The validity OF the contract be-
tween the county and Mr. Lorenz is
not concerned in this case. That is .
a matter between the county and the
contractor. The court is not TO pass
on the validity Of the contract in the
present case. The only question in
VOWED here is whether the county. in /.
the face of the pr0hibitory legislation .
passed has the right to construct a /
Jail within 200 feet Of a school build
ing. However, it is my opinion that
the contract was not valid. nor could !
it be, since one OF the agencies OF the /
state had made a contract with an .
individual to construct building. con- 4
trary to the law which the state Iegis- /
lature had passed.
rs this court going TO say that he (
cause a contract for a jail had been .
let and some dirt excavated, that the .
Will Of the people of the state of Hi
nois through their chosen representa- /
tives. shall be 0verriddeu? The Igoe /
bill became a law June "a when signed .
by the governor and effective July j, /
and we think the court should grant a /
temporary writ of injunction prevent /
ing the county from erecting this Jail /
on a site prohibited by Law" /
Mr.. SearIe announced he would be .
unable to attend court this after
noon. and Judge Church adjourned .
same until tomorrow morning at 9 /
o'clock. at which time he will be given /
an opportunity 10 answer the argu
ment of the complainant
Jail Not Nuisance.
In his closing argument yesterday
c. J. Searle Of counsel for
the defendant, declared that there was
nothing detrimental TO health, safety,
morals or public welfare in q Jail. He
contended the children in St. Joseph's
school could not see the prisoners,
should the jail be erected on the court
house square and argued that instead
Of the structure having bad effect on
the pupils that the contrary would be
true. since the sight of an institution,
housing men deprived OF their liberty
because of misconduct. would be a
reminder that observation Of
the laws brings its reward and disre-
gard for them its penalties.
He argued that jail was not a NUS
ance per Sc and that the building pro
posed to be erected would be g modern
and artistic structure He said jails
were required by law and that the leg
isiature could only inquire into the
manner in which they are conducted.
He said the county had vested rights in
the public square; that it had been
bought and paid for by Rock Island
that il belonged 10 this county
and this county had right to place a
jail on it, claiming he legislature had
no legal power to limit the use of the /
ground which the county owns in fee
simple. He pressed the point that the
Igoe law was special or class legisla-
ion, passed for the protection of a sin
gle school and argued that the placing
~ fhp word "aScI1siyas' in the Tau