Year: 1877




legal opinions or ito forecast judicial inter-
pretations Of law, but many of its readers
would like to be informed in regard to the
action of the Board of Supervisors whether
they assume to base their proceedings in
reference to the support of paupers upon
legal, or upon merely supposed equitable
grounds. Their action clearly exhibits an
intention to compel each township to sup.
port its own poor. Then comes the plain
question have the Board of Supervisors
any legal right or authority to do this.


The several Acts of the legislature of
this State in relation to paupers seem to
evidently contemplate and provide two
separate ways by and through which the
duty of taking care of the poor can be ac-
complished and enforced:


l. By each township or precinct where
the County is without Poor House;


2. By the County itself where 1t has
provided and established Poor House.


The County Of Rock Island is body
polite and corporate. and as such has duly
acquired title, ownership, aud possession
of a suitable tract Of land known and
designated as the County Poor farm"
has erected thereon a County Poor
House." with the other necessary
buildings connected Herewith, and
for more than five years last past has
maintained and operated the same; has
made rules aud regulations therefor. and
for the inmates of the poor house: has ap-
pointed a Keeper, County Physician, and
other agents, servants, and employees; and
for many successive years, the Board of
supervisors has annually caused an amount
sufficient to defray all necessary expenses
connected with the maintainance,so Operating,
and support of said poor house, its inmates,
keeper, agents, servants and appointees,
to be levied upon the taxable property of
the county, and has collected and applied
co that purpose the tax so levied; in other
words, the county as such, and not by
townships, in compliance with the terms
and provisions of the statutes in such case
made and provided, has for period Of
more than FIVE successive years last past
established, operated, and maintained a
County Poor House This being so, where
does the Board of Supervisors fud the
power, either expressly granted. implied.
or constructive, by virtue of which they
now assume to avoid the intent and
effect of the law under which they have
heretofore levied, collected, and applied
taxes for designated and specific pur-
pose, and at their own discretion, and by a
simple vote of the Board, virtually compel
each township to support its own poor in
stead of the county?


The county has not sold or otherwise
disposed of the poor farm" or the ''coun-
ty poor house." and the customary retinue
of officials, servants and appointees are
still retained Rock Island is still one of
the counties which has furnished and
suitable county poor house. By what
authority then is it proposed to evade and
avoid the force and effect of that provision
of law which says, when any county
shall have provided a suitable poor house
''for the accommodation of the poor Of the
county, aud the same is ready for the
reception and care ofsthe poor. all persons
requiring the care and support of the
county, shall be cared for and supported
''at such poor house, and not in the towns
land precincts in the county, except when
they cannot be received in the poor
house, and except as herein otherwise
provided. That is to say, the county
(not townships) having purchased ithe
necessary real estate, erected suitable
buildings, appointed the requisite officers.
agents and employees, assumed and under.
taken the business Of taking care of the
poor in manner Jas the law provides may
be done, and having levied, collected and
applied taxes for this very object and pur-
pose, it cannot thereafter reverse proceed
ings and compel each township to support
it's own poor except in the manner by law
provided. How provided? if at all
When the Board of Supervisors, at the
request of a specified number OF petitioners
who are legal voters, in due form of Law
shall have caused the question of the con


tInuance or discontinuance of that mode o.
supporting the poor to be submitted to the
voters of the county sat a general
election of township officers, and that
having been done. if it shall thereupor
appear that majority of the legal voter:
of the county have voted to abandon the
method of support by the county at
county poor house, then the system of each
township supporting its own poor shall bt
revived; and, presumably. under tht
provision of law which gives authority
therefor, the Board Of Supervisors may
sell and dispose Of the county poor house
real estate and appurtencos, and cause th.
proceeds to be turned over to the county
treasury.


Now for moments consideration O.
the equities of the case. Do the Board O
Supervisors themselves actually believe q
majority Of the people of this count,
=, would vote to have each township supper
its own poorP IF they do, the way is oper
by which the wishes and will of the ma
jority can with certainty be ascertained
But it must be remembered, that the rep
gese1 fuf;O91 b,J fo7r,, eJj,os am The Roo9J n