Gillett v. Board of Supervisors

Citations

• 67 Ill. 256

Syllabus

<p>1. Boaed of supeevisoes—power to appoint agents for county. It being the right and duty of the board of supervisors to protect the interests of their county, they have the power to appoint agents to employ counsel and make legal contracts for procuring information and evidence necessary and proper in defense of suits against the county.</p> <p>3. During the pendency of a proceeding by mandamus, to compel a county to subscribe a certain sum to the capital stock of a railroad company, and when the issue of fact to be tried was whether, at a prior election on the question of subscription, a majority of the legal votes cast were in favor of the same, the board of supervisors appointed three of their number a committee, and authorized them to use their discretion in employing such further agents and assistants, in addition to counsel already employed, as to them might seem expedient, for the purpose of defending the interests of the county in trying such question of fact, and preparing necessary evidence therefor: Held, that the duties of the committee, although they might include the making of contracts, were merely ministerial, which they might be properly appointed to perform.</p> <p>3. Same—successors to county commissioners'1 court. The board of supervisors are the legal successors to the county commissioners’ court.</p> <p>4. Contract—legality of. A contract with the county authorities to hunt up and prepare testimony for the county, to be used in a suit against the county, by which the party is to receive §100 for the first ten votes cast at an election, shown to be illegal, §300 for the next ten votes so shown, etc., and the further sum of §1300 in addition to such scale of prices, to be paid only after the courts have decided in favor of the county, is void on account of its corrupt tendency, and as inconsistent with public policy.</p>