County of Will v. State of Illinois — 6 Ill. Ct. Cl. 188

COUNTY OF WILL, Claimant, v. STATE OF ILLINOIS, Respondent.

Case summary

Will County claimed reimbursement for costs and expenses incurred in prosecuting and executing inmates for the murder of a prison warden. The court awarded the full amount under a statute requiring the State to pay such fees and costs.

Claim type: Other

Statutes cited: Section 39, chapter 108, Smith-Hurd's Illinois Revised Statute 1927, at page 2054

AI-generated summary from the opinion text — may contain errors. The opinion text and PDF above are the official record.

Headnotes

FEES AND SALARIES-when award will be made for expense incurred by Will County in the prosecution of convicts for crimes committed in the penitentiary. Where the statute provides that all fees and costs arising for the prosecution of convicts for crimes committed in the penitentiary at Joliet, shall be paid by the State, an award will be made to reimburse Will County for the fees, costs and expense incurred in the prosecution and execution of certain convicts for crimes committed in the penitentiary.

FEES AND SALARIES-when award will be made for expense incurred by Will County in the prosecution of convicts for crimes committed in the penitentiary. Where the statute provides that all fees and costs arising for the prosecution of convicts for crimes committed in the penitentiary at Joliet, shall be paid by the State, an award will be made to reimburse Will County for the fees, costs and expense incurred in the prosecution and execution of certain convicts for crimes committed in the penitentiary. HJALMAR REHN, for claimant. OSCAR E. CARLSTROM, Attorney General; ROY D. JOHNSON, Assistant Attorney General, for respondent.

MR. JUSTICE THOMAS delivered the opinion of the court:

This is a claim for $31,826.33 filed by Will county, Illinois, for costs and expenses incurred by that county in the prosecution of the case of the People of the State of Illinois v. Charles Shader; Walter Stalesky, alias Wm. Stalkowsky; Charles Duschswski, alias Charles Tamulis, alias Charlie Slim; Bernardo Roa; Robert Torrez, alias Robert T. Tjeda; and Gregorio Rizo, alias John Rizo, for the murder of Peter N. Klein, warden at the Illinois State Penitentiary, in the Circuit Court of Will County and in the Supreme Court of the State of Illinois, and for the expenses incurred in the execution of Charles Shader; Walter Stalesky, alias Wm. Stalkowsky, Charles Duschswski, alias Charles Tamulis, alias Charlie Slim; and Robert Torrez, alias Robert T. Tjeda, said defendants in said cause having been inmates of the Illinois State Penitentiary at the time of the commission of the said crime of murder.

The Attorney General has filed a statement admitting the amount stated in claimant's declaration to be correct, and consents to an award in its favor for the sum claimed.

Section 39, chapter 108, Smith-Hurd's Illinois Revised Statute 1927, at page 2054, provides that all fees and costs arising from the prosecution of convicts for crimes committed in the penitentiary at Joliet, which the county is now required to pay in like cases, shall be paid by the State. [*189]

Under the provision of this statute it is the duty of the State to reimburse the county for the fees, costs and expenses incurred and paid by it in the prosecution and execution of the defendants, and claimant is therefore allowed an award in the sum of $31,826.33.