Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1918-04-18

~ the supervisors met and GER
tilted copy of the Igoe law was
served on the board. That was
before it entered into a contract.
Notice was also served on the
board that an appeal had heen ask
ed and granted from Judge Ramsay
10 the supreme court.
States Attorney Ignored.
In hearing the suit con-
troversy occurred between States
Attorney Floyd Thompson and
Searle & Marshall, special counsel
employed by the county. The
states attorney and the special
counsel radically differed upon the
right of the county to enter into
| the contract. At the meeting of the
supervisors both Mr.. Thompson
! and S. R. kenworthy OF the firm
| of ]. T. & S. r. Kenworthy, cou1-
| sci for Bishop Dunno, argued be-
fore the board, and advised the
| body that it was hazarding money
! Of the county's funds, but rhe board
went ahead and awarded the con-
tract to Paul H. Lorenz of Moline,
| the consideration being $107, 749
| The bond issue was for $4,000.
! The board expected to paw the dis
/ ference between the sum 1aised by
| the bonds and the contract price
| from the general fund.
The special counsel for the coun-
! ty advised the hoard that it had a
right to go ahead if it saw fit with
/ the erection of the county Jail. The
+ board followed this advice, ma
. jority voting to let the contract
This was done June 25, 1915. 1t
was obvious that the board sought
/ the additional advantage K was al
vised it would have in court if
I erection of the building was in
/ progress, it being considered that
! chances Of an adverse decision
| would be less to the county IL
actual construction was under way.
/ Also, it was pointed out to the
I board that there was a possibility
/ that the Igoe law would not take
/ effect until July 1, which would
make the law non-effective insofar
as this county was concerned.
! Work proceeded until the foun-
dalton was completed in October OF
| the same year, 1915. In the mean
time q bill for Injunction was filed
| by ". A. Russ, as a taxpayer, to
| restrain County Treasurer F. j.
Clendenin from paying out the
county's funds for the new jail
building.
Case Is Remanded.
IN October OF the same year, 1915.
| the supreme court reversed and
remandea the case without, how
ever, hyFtng indicated very clearly
what its opinion was on the merits
| % the case. The case was then
| brought back TO the circuit court
| here for q rehearing. After this
decision IN October, the work on
the county Jail stopped and was not
again resumed.
| The case was redocketed and the
| bill for the injunction was amend
cd so as to claim relief under the
lgos law as well asSInder the first
! bill O complaint. The relief under
the Igoe la~ had previously been
asked In a separate bill.
The court referred the rehearing
I on the FIRST bill as changed 10 in
Guide relief nnder the Igos law, to
the r-in-chancery A year or
more was consumed in taking great
volumes OF evidence. AT the end
of the hearing the master held ia
/ favor of the county. The case then
| went TO the circuit court, and Oh
! hearing before Judge Church, the
! finding OF the Gerry
was sustained and the bill of COM
plant dismissed. An appeal was
granted and the suprems court
heard arguments at its February
/ term, yesterday handing down the
/ decision which directs the circuit
court here 10 grant permanent
| injunction,
| In addition TO the two bills filed
/ by Bishop Dunno and the one filed
| by Mr. Russ as a taxpayer against
| the county treasurer, e. e, Kreis,
a real estate man, filed a suit as a
| taxpayer, asking the same relief,
! basing his request for an injunc-
! ton on the grounds that ~ths
county has ne right to appropriate
| funds for the erection of q county
/ Jail on an unlawful site, THIS ease
: was decided in favor of the eGualy
/ by the circuit court and was faEan
! TO the appellate court on an appeal
The appellate court reversed and
remanded il. Nothing has baeH
done in this case since, Az FsHsaF-
ing having taken place, What viii
/ be done with this suit is ealF spec
| ulatiVe and will be decided upon
| by the attorneys representing Mr.,
Kreis, when the import ~ this de-
cision OF the supreme couFt 10 offs
| cially recognized.
The county in answering thu
/ Dunno suit. held that it had been
the intention of those dedicating
The square TO plat the ground for
court house and county building
purposes.