Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1915-07-14
CALLS IGOE LAW
AN UNFAIR BILL
characterized as Glass Legislation in
Argument On Jail Injunction
Matter.
ETHICAL QUESTION INVOLVED
Court says Legislature Took Into Con-
sheraton Effect OF BastiIe
On Pupils.

TIE Igoe law, which prohibits the
erection Of G county jail within zoe
feet Of any building used exclusively
for school purposes and on which
Bishop f. N Dunno is relying in his
injunction suit TO prevent the board Of
supervisors from carrying out it's an
nouncel intention TO place Rock Is
land Couuty's new structure on the
court house square and in front Of
St. J0sspa's parochiaI school, was
characterized this morning by @. A.
ShaUherg counsel for Paul I,oreuz.
contractor, aa class legislation, in his
argument before Judge W. T. Church
iu circuit court.
MF Shailberg pointed out what he
deemed the absurdities in the new
law He said that Browns Business
college located just north Of the
county square, might as well pro-
test TO the jail structure and that the
Sunday schools of the Memorial
Christian and Baptist churches could
likewise make objection.
"Ths state legislature is exceeding
its police powers in taking away from
the county its right to use as it sees
IT. it's own property" he argued. IF
the legislature desired to regulate the
plans FOR the structure, II would
have O right To do so. but it cannot
pass on she ethical question involved.
A jail Us not nuisance per Sc, as
seems To be intimated by the com
plainautz'
perhaps the legislature took into
account when drawing this law. the
unsav0ry effect the sight of a jail
woHld have on pupils" commented the
court
"The court house itself might be OBJ
jectcd to ON the same grounds" re-
turned Mr. Sha1lberg.
But q gail is the recognized home Of
criminals" insisted the court.
C.. s. Searle Of counsel for the
county. made the concluding argu-
meut for the defendants. He took the
position that the Igoe bill was not
properly in force until July / and that
it ala not have q retrospective aspect
governing the acts Of the county board
prior to that time.
He is to be followed by Mr.. Ken
worthy for the somplaiuants It is
expected the arguments will be com
pIeta5 this afternoon and that Judge
Church viii he ready with q decision
by the latter part Of the week.
Law When Signed.
I'm his argument to the court yester-
day afternoon, Mr.. Kenworthy urged
the point that the Tg0e bill, which pro-
hblts tbe construction Of a county
Jail building within 200 feet Of a stTuc-
ture used exclusively for school pur-
poses. became a law as soon as the
governor signed it, although not efec- /
tive until July T.
Governor Dunno signed the bill on
June a. at which time, according to
Mr. Kenworthy, it was to all iutents
and purposes a law. Notwithstand !
ing this. on June %. the county board
entered into contract with Paul
Loren 20 erect the Jail
THAT contract is null and void he /
cause it was against public policy and /
the law" declared Mr. Kenworthy /
Courts have nothing To do with de- /
public policy; this is solely /
the province OF the state legislature. /
As soon as Governor Dunno signed the +
Igoe bin II became a law. Amy con- +
tract made by the county between +
June 24 and July I concerning with +
the erection Of a jail within 200 feet
Of q school building, is not binding.
Not EstoppaI
THE county. seems to feel that be-
cause So 900 or SO has been spent in
work, that this sort OF
establishes an estoppaI This is not
the case. The legislature is the SOW
ereigu- II gives or it takes away 1t
is the creator of the board OF super
vis0rs. Ifs power is limited only by
the constitution Of the state. Yet the
Rock Island county board Of super
Yisors put itself above the legislature.
It says, in spite of the law, this jail
will be erected on the court house
square. The board has ignored the
law. This bill Of complaint shows
that previous to July little actual
work on the Jail mad been done and
that after that time most Of the ex-
pense had been incurred With the
question 81 what constitutes public
policy this court has nothing whatever
10 do. The only matter before this
court is whether or not the county
should he permitted to construct a
county Jail on the court house square
IN defiance OF the Igoe law"
What if the contract for the Jail