Year: 1871

The County COurf-Jail-Tax-


alton.


Mr. EDTToR-I see In your last issue


a communication from r. G. Prather, in


regard to the County Court, our Jail,
and the right of taxation, which it strikes


the writer of this as a reflection upon
those ''who got up and sent the petition"


to the Legislature asking that power be
given to our County Court to levy tax


to build a new Jail, or repair the old one.


While admit that the people should
always be vigilant upon the question of


taxation, and never suffer any encroach.
ments upon their rights when question
of expediency or doubt exists, yet there
are matters which we must be taxed to
support and maintain, or our laws will be
trampled upon, and society uprooted.
TIE reasoning of Mr.. Prather is sound
and plausible where a question of ex
pedieney is alone involved, but it don't
meet the facts of this case, aud | know
that Mr.. p. is too just and honorable a
man to require of his neighbor to incur
any risk or responsibility for him, with
out being amply secured, or to require
an officer to do an act, when that officer
had no poacer to act.


Now let us test this question of the
County Court, its Jail and the right of
taxation by this principle. BY the Re
vised Statutes, 1st vol. page 329, sec. =,
the County Court are required to erect
and keep sufficient Jail. and on failure
to do SO eacI member of the County
Court may be fined not less than $50, nor
more than Sl00 and costs, and be com
mitted to Jail till the same be paid, and
they shall also be liable jointly and sew
orally for damages sustained BY any one
injured by such failure.


In same book page 32S, section 2, the
County Judge is required to summon the |
justices when necessary to attend the
County Court, and the Justices shall
compose part of said Court in laying
the levy and appropriating money. In |
I'd K 5. page $40, sec. IL, it is made the
duty of the County Judge to inspect the
Jail at least once a month.


The above provisions of law are plain
and clear, and if the facts can be
agreed, there will be ne difficulty in the
solution of the proposition. l knoto it is
a fact that the Jail is not sufficient, either
in point of security for the prisoners, or
safety from danger, and am informed that
the county levy will be wholly consum
ed in keeping up the bridges and paying
the current expenses of the county. As
suming the above facts to be true, the
duty of the County Court is plain. The
County Judge who is required to inspect
thejaii every month foundit insufficient,
and it vas his duty to so inform the jus
tees, aud If the revenue proper would
not repair it. it was his duty to have such
legislation as would enable the County
Court, composed OF himself and the Jus
tices called together, TO make it sufficient
aud safe; and in order TO avoid the pen
alties of the law, the Court would levy
the tax and repair the old, or build a new
Jail.


But suppose We adopt the theory Of
Mr.. p, that Il think it would have been
hard to get majority of the tax payers
in the county TO sign such petition at
this time, asking the necessary Iegisla
ton or submit it to the vote Of the tax
payers, and let them decide whether it is
right and proper, "aad If the people
should refuse to sign the petition, or the
tax payers vote it down, "then dispense
with it. What is to become OF the
County Court in the mean time, or rather
It's members Each and every member
S in danger of fine of not less than
ifty dollars aud costs. aud shall be i'm
prisoned till it is paid. Moreover they
are liable to any one who may be Injured
for any damages be may sustain. The
truth is there is danger of the jails fall
ing down. aud should limb be broken
thereby, a verdict of a few thousand
dollars jointly against our justices
would not make their Offices lucrative
ones. Will Mr.. p accept the office oil
with the present laws in force
requiring him to keep up good and sufi
cient county buildings and bridges and az
the same time leave it to the tax pa ayers to
vote whether they will pay any tax or
not for these purposes. When he will
prove his theory by his practice, shall
be convinced he is right and | am wrong,
but while he asks the members of the
Court to incur the heavy responsibilities
that now rests upon them, he is not will
ling to do to others as he would have
them to do to him.


L say this much in justice to the peti-
tioners, and the County Court. not know.
ing who ''got up and signed the petition"
aud all know about the petition learned
through the columns of your paper.


"