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‘CHANILNOO—ISAM &1 AONVY “HLINOS @ dIHSNMOL
“dH ONIINOO—TSHM CI ADONVE
‘HIMON T dIHSNMOL
CONSTITUTION OF ILLINOIS.
ADOPTED IN CoNVENTION AT SPRINGFIELD, May 13, a. p. 1870; RatirreD BY THE PEOPLE JuLY 2, 1870; IN
Force, Aucusr 8, 1870; anp AMENDMENTS THERETO, WITH THE DATES OF RATIFICATION.
PREAMBLE.
We, the people of the State of Illinois—grateful to Almighty
God for the civil, political and religious liberty which He hath 80
long permitted us to enjoy, and looking to Him for a blessing
upon our endeavors to secure and transmit the same unimpaired
to succeeding generations—in order to form a more perfect goy-
ernment, establish justice, insure domestic tranquillity, provide
for the common defense, promote the general welfare, and secure
the blessings of ‘liberty to ourselves and our posterity ; do ordain
and establish this constitution for the State of Illinois,
ARTICLE I.
BOUNDARIES.
The boundaries and jurisdiction of the State shall be as fol-
lows, to wit: Beginning at the mouth of the Wabash river;
thence up the same, and with the line of Indiana, to the north-
west corner of said State; thence east, with the line of the same
State, to the middle of Lake Michigan; thence north, along the
middle of said lake, to north latitude 42 degrees and 30 minutes ;
thence west to the middle of the Mississippi river, and thence
down along the middle of that river to its confluence with the
Ohio river, and thence up the latter river, along its northwestern
shore, to the place of beginning: Provided, that this State shall
exercise such jurisdiction upon the Ohio river as she is now.
entitled to, or such as may hereafter be agreed upon by this
State and the State of Kentucky. -
ARTICLE II.
BILL OF RIGHTS.
. Inherent and Inalienable Rights. j 10. Self-Crimination—Former Trial.
Due Process of Law. 1l. Penalties proportionate—Corrup-
. Liberty of Conscience Guaranteed. tion—Forfeiture,
Freedom of the Press-Libel. 12. Imprisonment for Debt.
Right of Trial by Jury. 13. Compensation for Property talen.
. Unreasonable Searches and Seiz-|314. Ex post facto laws—Irrevocable
(O9 eOD kOe COKRERITOKOE
2 PF FA eorweDe
ures.
. Bail allowed—Writ of Habeas Cor-|? 15.
pus. 16. Quartering of Soldiers.
. Indictment required—Grand Jury |# 17. q
18. Elections to be Free and Equal.
Abolished.
. Rights of Persons Accused of|¢ 19.
Time. 20.
#1. All men are by nature free
Grants.
Military Power Subordinate.
Right of Assembly and Petition.
What Laws ought to be.
Fundamental Principles.
and independent, and have
certain inherent and inalienable rights—among these are life,
liberty, and the pursuic of happiness. To secure these rights
and the protection of property, governments are instituted among
men, deriving their just powers from the consent of the gov-
erned,
3 2.*No person shall be deprived of life, liberty or property,
without duc process of law.
28. The free exercise and enjoyment of religious profession
and worship, without discrimination, shall forever be guaranteed ;
and no person shall be denied any civil or political right, privi-
lege or capacity, on account of his religious opinions; but the
liberty of conscience hereby secured shall not be construed to
dispense with oaths or affirmations, excuse acts of liccntiousness,
or justify practices inconsistent with the peace.or safety of the
State. No person shall be required to attend or support any min-
istry or place of worship against his consent, nor shall any pref-
erence be given by law to any religious denomination or mode of
worship. \ :
24. Every person may freely speak, write and publish on all
subjects, being responsible for the abuse of that liberty; and in
all trials for libel, both civil and criminal, the truth, when pub-
lished with good motives and for justifiable ends, shall be a sufli-
cient defense.
25. The right of trial by jury as heretofore enjoyed shall re-
main inviolate; but the trial of civil cases before justices of the
peace by a jury of less than twelve men, may be authorized by law.
26. The right of the people to be secure in their persons,
heuses, papers and effects, against unreasonable searches and
seizures, shall not be violated; and no warrant shall issue with-
out probable cause, supported by affidavit, particularly describ-
ing the place to be searched, and the person or things to be
seized.
27. All persons shall be bailable by sufficient sureties, except
for capital offenses, where the proof is evident or the presump-
tion great; and the privilege of the writ of habeas corpus shall
not be suspended, unless when in cases of rebellion or invasion
the public safety may require it.
28. No person shall be held to answer for a criminal offense,
unless on indictment of a grand jury, except in cases in which’
the punishment is by fine, or imprisonment otherwise than in the
penitentiary, in cases of impeachment, and’in cases arising in the
army and navy, or in the militia when in actual service in time
of war or public danger: Provided, that the grand jury may be
abolished by law in all cases.
29. In all criminal prosecutions, the accused shall have the
right to appear and defend in person and by counsel ; to demand
the nature and cause of the accusation, and to have a copy there-
of; to meet the witnesses fuce to face, and to have process to
compel the attendance of witnesses in his behalf, and a speedy
public trial by an impartial jury of the county or district in which
the offense is alleged to have been committed.
210. No person shall be compelled in any criminal case to give
une against himself, or be twice put in jeopardy for the same
offense.
211. All penalties shall be proportioned to the nature of the
offense; and no'conviction shall work corruption of blood of for-
feiture of estate; nor shall any person be transported out or the
State for any offense committed within the same.
¢ 12. No person shall be imprisoned for debt, unless upon re-
fusal to deliver up his estate for the benefit of his creditors, in
such manner as shall be prescribed by law; or in cases where
there is strong presumption of fraud.
218. Private property shall not be taken or damaged for public
use without just compensation. Such compensation, when not
made by the State, shall be ascertained by a jury, as shall be pre-
scribed by law. The fee of land taken for railroad tracks, with-
out consent of the owners thereof, shall remain in such owners,
subject to the use for which it is taken. ¢
214. No ex post facto law, or law impairing the obligation of
contracts, or making any irrevocable grant of special privileges or
immunities, shall be passed.
@15. The military shall be in strict subordination to the civil
power.
#16. No soldier shall, in time of peace, be quartered in any
house without the consent of the owner; nor in time of war ex-
cept in the manner prescribed by law.
¢17. The people have the right to assemble in a peaceable
manner to consult for the common good, to make known their
opinions to their representatives, and to apply for redress of griev-
ances.
218. All elections shall be free and equal.
¢19. Every person ought to find a certain remedy in the laws
for all injuries and wrongs which he may receive in his person,
property or reputation; he ought to obtain, by law, right and
justice freely, and without being obliged to purchase it, completely
and without denial, promptly and without delay.
1
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
361
é 20. A frequent occurrence to the fundamental principles of
civil government is absolutely necessary to preserve the blessings
of liberty.
ARTICLE III.
DISTRIBUTION OF POWERS.
The powers of the Government of this State are divided into
three distinct departments—the Legislative, Executive and Ju-
dicial; and no person, or collection of persons, being one of these
departments, shall exercise any power properly belonging to
either of the others, except as hereinafier expressly directed or
permitted.
ARTICLE IV.
LEGISLATIVE DEPARTMENT.
. General Assembly elective. 218. Ordinary Expenses—Casual Defi-
. Time of Llection—Vacancies, cits—Appropriations limited.
3. Who are Eligible. : 19, Extra Compensation or Allowance.
. Disquatification by Crime. 20. Public Credit not loaned.
. Outh taken by membors. 21. Pay and milcage of members.
. Senatorial Apportionments, 22. Special Legislation prohibited.
. & 8 Minority Representation. 23. Against Release from Liability.
. Time of me eting—General Rule.|¢ 24. Proceedings on Impeachinent.
. Sverctary—Adjournment—Journ-| 2 25, Fuel, Stationery, and Printing.
als, Prorests. 26. State not to be sued.
11. Style of Laws. . 27. Lottery and Gift Enterprises.
lz. Origin and passage of Bills. 28. Terms of Office not Extended.
13, Reading—Printing--Title-Amend-| 2 29. Protection of operative miners.
ments. 30. Concerning Roads—public and pri-
4. Privileges of members. vate,
tt
geet
5. Bills making Appropriations. 32. Homestead and Exemption Laws.
. Payment of money —Statement| 233. Completion of the State House.
of Expenses.
eRermscercGs © CMaTRERRD «— COurmaracOTETOTORTOTOS
e
PRE SON oOo Ree
. Disabilities of members. i Draining and Ditching,
ee
a
#1. The legislative power shall be vested in a General As-
sembly, which shall consist of a Senate and House of Repre-
sentatives, both to be elected by the people.
ELECTION.
2. An election for members of the General Assembly shall
be held on the Tuesday next after the first Monday in November,
in the year of our Lord one thousand eight hundred and seventy,
and every two years thereafter, in each county, at such places
therein as may be provided by law. When vacancies occur in
either house, the governor, or person exercising the powers of
governor, shall issue writs of election to fill such vacancies,
ELIGIBILITY AND OATH.
23. No person shall be a senator who shall not have attained
the age of twenty-five years, or a representative who shall not
have attained the age of twenty-one years. No person shall be
a senator or a representative who shall not be a citizen of the
United States, and who shall not have been for five years a resi-
dent of this State, and for two years next preceding his election
a resident within the territory forming the district from which he
is elected. No judge or clerk of any court, secretary of state,
attorney general, state’s attorney, recorder, sheriff, or collector of
ublic revenue, member of either house of congress, or person
olding any lucrative office under the United States or this State,
‘or any foreign government, shall have a seat in the general as-
sembly : Provided, that appointments in the militia, and the offi-
ces of notary public and justice of the peace, shall not be con-
sidered lucrative. Nor shall any person, holding any office of
honor or profit under any foreign government, or under the gov-
ernment of the United States, (except postmasters whose annual
compensation does not exceed the sum of $300,) hold any office
of honor or profit under the authority of this State. ;
24. No person who has been, or hereafter shall be, convicted
of bribery, perjury or other infamous crime, nor any person who
has been’or may be a collector or holder of public moneys, who
shall not have accounted for and paid over, according to law, all
such moneys due from him, shall be eligible to the general as-
sembly, or to any office of profit or trust in this State.
36. Members of the general assembly, before they enter upon
their official duties, shall take and subscribe the following oath
or affirmation :
“1 do solemnly swear (or affirm) that I will support the constitution of the
United States, and the constitution of the State of Illinois, and will faithfully
discharge the duties of senator (or representative) according to the best of my
ability; and that I have not, knowingly or intentionally, paid or contributed
anything. or made any promise in the nature of a bribe, to directly or indi-
rectly influence any vote at the election at which I was chosen to fill the eaid
office, and have not accepted, nor will I accept or receive, directly or indirect-
ly, any money or other valuable thing, from ane corporation, company or per-
son, for any vote or influence I may give or wit! hold on any bill, resolution or
appropriation, gr for any other official act.”
This oath shall be administered by a judge of the supreme or
circuit court, in the hall of the house to which the member is
elected, and the secretary of state shall record and file the oath
subscribed by each member. Any member who shall refuse to
to take the oath herein prescribed, shall forfeit his office, and
every member who shall be convicted of having sworn falsely to,
or of violating, his said oath, shall forfeit his office, and be dis-
La thereafter from holding any office of profit or trust in
is State.
APPORTIONMENT—SENATORIAL.
26. The general assembly shall apportion the State every ten
years, beginning with the year 1871, by dividing the population
of the State, as ascertained by the federal census, by the number
51, and the quotient shall be the ratio of representation in the
senate. The State shall be divided into 51 senatorial districts,
each of which shall elect one senator, whose term of office shall
be four years. Thesenators elected in the year of our Lord 1872,
in districts bearing odd numbers, shall vacate their offices at the
end of two years, and those elected in districts bearing even num-
bers, at the end of four years; and vacancies occurring by the
expiration of term, shall be filled by the election of senators for
the full term. Senatorial districts shall be formed of contiguous
and compact territory, bounded by county lines, and contain as
nearly as practicable an equal number of inhabitants; but no
district shall contain lessthan four-fifths of the senatorial ratio.
Counties containing not less than the ratio and_ three-fourths,
may be divided into separate districts, and shall be entitled to
two senators, and to one additional senator for each number of
inhabitants equal to the ratio, contained by such counties in ex-
cess of twice the number of said ratio.
Note—By the adoption of minority representation, fe 7and 8 of this article
cease to be a part of the constitution. Under 3 12o0f the schedule, and the vote
of adoption, the following section relating to minority representation is substi-
tuted for said sections:
MINORITY REPRESENTATION,
#37 and 8. The house of representatives shall consist of three
times the number of the members of the senate, and the term of
office shall be two years. Three representatives shall be elected
in each senatorial district at the general election in the year of
our Lord, 1872, and every two years thereafter. In all elections
of representatives aforesaid, each qualified voter may cast as
many votes for one candidate as there are representatives to be
elected, or may distribute the same, or equal parts thereof, among
the candidates, as he shall see fit; and the candidates highest in
votes shall be declared elected.
TIME OF MEETING AND GENERAL RULES,
#9. The sessions of the general assembly shall commence at
12 o’clock, noon, on the Wednesday next after the first Monday
in January, in the year next ensuing the election of members
thereof, and at no other time, unless as provided by this consti-
tution. A majority of the members elected to each house shall
constitute a quorum, Each house shall determine the rules of
its proceedings, and be the judge of the election returns and
qualifications of its members; shall choose its own officers; and
the senate shall choose a temporary president to preside when
the lieutenant-governor shall not attend as president or shall act
as governor. The secretary of state shall call the house of repre-
sentatives to order at the opening of each new assembly, and
preside over it until a temporary presiding officer thereof shall
have been chosen and shall have taken his seat. No member
shall be expelled by either house, except by a vote of two-thirds
of all the members elected to that house, aud no member shall
be twice expelled for the same offence. Each house may punish
by imprisonment any person, not a member, who shall be guilty
of disrespect to the house by disorderly or contemptuous beha-
viour in its presence. But nosuchimprisonment shall extend be-
yond two hours at one time, unless the person shall persist in
such disorderly or contemptuous behaviour. “
210. The doors of each house and of committees of the whole,
shall be kept open, except in such cases as, in the opinion of the
house, require secrecy. Neither house shall, without the consent
of the other, adjourn for more than two days, or to any other
place than that in which the two houses shall be sitting. Each
house shall keep a journal of its proceedings, which shall be pub-
lished. In the senate at the request of two members, and in the
house at the request of five members, the yeas and nays shall be
taken on any question, and entered upon the journal. Any two
862
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
members of cither house shall have liberty to dissent from and
protest, in respectful language, against any act or resolution which
they think injurious to the public or to any individual, and have
the reasons of their dissent entered upon the journals,
STYLE OF LAWS AND PASSAGE OF BILLS.
211. Thestyle of the laws of this State shall be: Be it en-
acted by the People of the State of Illinois, represented in the G'en-
eral Assembly.
@ 12. Bills may originate in either house, but may be altered,
amended or rejected by the other; and on the final passage of all
bills, the vote shall be by ycas and nays, upon each bill sepa-
rately, and shall be entered upon the journal; and no bill shall
become a law without the concurrence of a majority of the mem-
bers elected to cach house.
#13. Every bill shall be read at large on three different days,
in cach house; and the bill and all amendments thereto shall be
rinted before the vote is taken on its final passage; and every
ill, having passed both houses, shall be signed by the spcakers
thereof. No act hereafter passed shall embrace more than one
subject, and that shall be expressed in the title. Dut if any sub-
ject shall be embraced in an act which shall not be expressed in
the title, such act shall be void only as to so much thereof as
shall not beso expressed ; and no lawshall be revived or amended
by reference to its title only, but the law revived, or the section
amended, shall be inserted at length in the new act. And no act
of the general assembly shall take effect until the first day of
July next after its passage, unless, in case of emergency, (which
emergency shall be expressed in the preamble or body of the act),
the general assembly shall, by a vote of two-thirds of all the
members elected to cach house, otherwise direct.
PRIVILEGES AND DISABILITIES,
314. Senators and representatives shall,in all cases, except
treason, felony or breach of the peace, be privileged from arrest
during the session of the Benen assembly, and in going to and
returning from the same; and for any speech or dcbate in either
house, they shall not be questioned in any other place.
215. No person elected to the general assembly shall receive
any civil appointment within this State from the governor, the
governor and senate, or from the general assembly, during the
term for which he shall have been elected; and all such appoint-
ments, and all votes given for any such members for any such
offices or appointment, shall be void; nor shall any member of
the general assembly be interested, either directly or indirectly,
in any contract with the state, or any county thereof, authorized
by any law passed during the term for which he shall have been
elected, or within one year after the expiration thereof.
PUBLIC MONEYS AND APPROPRIATIONS,
216. The general assembly shall make no appropriation of
moncy out of the treasury in any privatelaw. Bills making ap-
propriations for the pay of members and officers of the general
assembly, and for the salaries of the officers of the government,
shall contain no provisions on any other subject.
4817. No moncy shall be drawn from the treasury except in
pursuance of an appropriation made by Jaw, and on the presenta-
tion of a warrant issued by the auditor thereon; and no money
shall be diverted from any appropriation made for any purpose,
or taken from any fund whatever, either by joint or separate
resolution. The auditor shall, within 60 days after the adjourn-
ment of cach session of the general assembly, prepare and pub-
lish a full statement of all moncy expendcd at such session, spe-
ye the amount of each itcm, and to whom and for what
aid. :
218. Each generalassemblyghall provide for all appropriations
necessary for the ordinary and contingent expenses of the govern-
ment until the expiration of the first fiscal quarter after the adjourn-
ment of the next regular session, the aggregate amount of which
shall not be increased without a vote of two-thirds of the mem-
bers elected to each house, nor exceed the amount of revenue au-
thorized by law to be raised in such time; and all appropriations,
general or special, requiring money to be paid out of the State
Treasury, from funds bclonzing to the State, shall end with such
fiscal quarter: Provided, the State may, to meet casual deficits or
failures in revenue, contract debts, never to exceed in the agere-
gate $250,000; and moneys thus borrowed shall be applied to
the purpose for which they were obtained, or to pay the debt thus
created, and to no other purpose; and no other debt, except for
the purpose of repelling invasion, suppressing insurrection, or
defending the State in war, (for payment or which the faith of
the State shall be pledged), shall be contracted, unless the law
authorizing the same shall, at a general election, have been sub-
mitted to the people, and have received a majority of the votes
cast for members of the general assembly ct such election. The
general assembly shall provide for the publication of said law for
three months, at least, before the vote of the people shall be
taken upon the same; and provision shall be made, at the time,
for the payment of the interest annually, asitshall accrue, by a
tax levied for the purpose, or from other sourccs cf revenue;
which law, providing for the payment of such interect by such
tax, shall be irrepealable until such debt be paid: And providcd
Jurther, that the law levying the tax shall be submitted to the
people with the law authorizing the debt to be ccntracted.
219. The general assembly shall never grant or authorize extra
compensation, fee or allowance to any public cfficer, agent, scr-
vant or contractor, after service has been rendered cr a ccntract
made, nor authorize the payment of any claim, cr part thereof,
hereafter created against the State under any agrecment cr con-
tract made without express authority of law: and all such un-
authorized agreements or contracts shall be null endvoid: Fro-
vided, the general assembly may make appropriations fcr expendi-
tures incurred in suppressing insurrection or repelling invasicn.
220. The State shali never pay, assume or become responcible
for the debts or liabilities of, or in any manner give, loan cr cx-
tend its credit to, or in aid of any public or other corporation,
association or individual. :
PAY OF MEMBERS,
#21. The members of the general assembly shall receive for
their services the sum of £8 per day, during the first session hcld
under this constitution, and 10 cents for each mile necessarily
traveled in going to and returning from the seat of government,
to becomputed by the auditor of public accounts; and thereafter
such compensation as shall be prescribed by law, and no other
allowance or emolument, directly or indirectly, fcr any purpose
whatever; except {50 per session to each member, which shall
be in full for postage, stationery, newspapers, and all other inci-
dental expenses and perquisites; but no change shall be made
in the compensation of members of the general assembly durin
the term for which they may have been elected. The pay an
mileage allowed to each member of the general assembly shall
be certified by the speaker of their respective houses, and entered
on the journals and published at the close of each session.
SPECIAL LEGISLATION PROHIBITED.
@ 22. The general assembly shall not pass local or specie] laws
in any of the following enumerated cases, that isto say: for—
Granting divorccs ;
Changing the names of persons or places;
Laying out, opening, altcring, and wcerting roads cr hivhways;
Vacating roads, town plats, streets, alleys and public grounds;
Locating or changing courty seats;
Regulating county and township affairs ;
Regulating the practice in courts of justice ;
Regulating the jurisdiction and duties of justices of the peace,
police magistrates, and constables ;
Providing for change of venue in civil and criminal cases.
Incorporating cities, towns, or villages, or changing cr amend-
ing the charter of any town, city or village;
roviding for the election of members of the board of super-
visors in township’s incorporated towns or citics;
Summoning and empancling grand or petit juries;
Providing for the management of common schools;
Regulating the rate of interest cn money ;
The opening and conducting of any election, cr dcsignating
the place of voting;
The sale or mortgage of real estate belonging to minors or
others under disability ;
The protection of game or fish;
Chartering or licensing ferries or toll bridges ;
Remitting fines, penalties or forfeiturcs;
Creating, increasing, or decreasing {ecs, percentage or allow-
ances of public officers, during the term for which said officers,
are clected or appointed ;
Chanzing the law of descent;
Granting to any corporation, association or individual the right
to lay down railroad tracks, or amending existing charters for
such pee ; ?
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUN TIES, ILLINOIS.
363
Granting to any corporation, association or individual any spe-
cial or exclusive privilege, immunity or franchise whatever ;
In all other cases where a general law can be made applicable,
no special law shall be enacted ;
¢ 23. The-general assembly shall have no power to release or
extinguish, in whole or in part, the indebtedness, liability, or ob-
ligation of any corporation or individual to this State or to any
municipal corporation therein.
IMPEACHMENT.
@ 24. The house of representatives shall have the sole power of
impeachment; but a majority of all the members elected must
concur therein. All impeachments shall be tried by the senate ;
and when sitting for that purpose, the senators shall be upon
oath, or affirmation, to do justice according to law and evidence.
When the governor of the State is tried, the chief justice shall
preside. No person shall be convicted without the concurrence of
two-thirds of the senators elected. But judgment, in such cases,
shall not extend further than removal from office, and disqualifi-
cation to hold any office of honor profit or trust under the goy-
ernment of this State. The party, whether convicted or acquit-
ted, shall nevertheless, be liable to prosecution, trial, judgment
and punishment according to law.
MISCELLANEOUS.
2 25. The general assembly shall provide, by law, that the fuel,
stationery and printing-paper furnished for the use of the State;
the copying, printing, binding and distributing the laws and
journals, and all other printing ordered by the general assembly,
shall be let by contract to the lowest responsible bidder; but the
general assembly shall fix a maximum price; and no member
thereof or other officer of the State, shall be interested, directly
or indirectly, in such contract. But all such contracts shall be
subject.to the approval of the governor, and if he disapproves
the same there shall be are-letting of the contract, in such man-
ner as shall be prescribed by law. &
226. The State of Illinois shall never be made defendant {n
any court or law of equity.
$27. The general assembly shall have no power to authorize
lotteries or gilt enterprises, for any purpose, and shall pass laws
: prohibit the sale of lottery or gilt enterprise tickets in this
tate.
% 28. No law shall be passed which shall operate to extend the
term of any public officer after his election or appointment,
@ 29. It shall be the duty of the general assemoly to pass such
laws as may be necessary for the protection of operative miners,
by providing for ventilation, when the same may be required, and
the construction of escapement-shafts, or such other appliances
as may secure safety in all coal mines, and to provide for the en-
forcement of said laws by such penalties and punishments as
may be deemed proper. ;
@ 30. The general assembly may provide for establishing and
opening roads and cart-ways, connected with a public road, for
private and public use. oie
231. The general assembly may pass laws permitting the own-
ers and occupants of lands to construct drains and ditches, for
agricultural and sanitary purposes, across the lands of others.
432. The general assembly shall pass liberal and homestead
and exemption laws. :
233. The general assembly shall not appropriate out of the
State treasury, or expend on account of the new capitol grounds,
and construction, completion and furnishing of the State-house, a
sum exceeding in the aggregate, $3,500,000, inclusive of all ap-
propriations heretofore made, without first submitting the propo-
sition for an additional expenditure to the legal voters of the
State, at a general election ; nor unless a majority of all the votes
at such election sball be for the proposed additional expenditure.
ARTICLE V.
EXECUTIVE DEPARTMENT.
1, Officers of this Department. 914. Governor ag Commander-in-Chief.
2. Of the State Treasurer. 215. Impeachment for Misdemeanor.
3. Time of Electing State Officers. | 716. Veto of the Governor.
4 Returns—Tie—Contested Election | #17. Lientenant-Governoras Governor.
5. Eligibility for office. 218.. As President of the Senate.
6, Governor—Power and Duty. 219. Vacancy in Governor's Office.
7. His Message and Statement. 220. Vacancy in other State Offices.
8. Convening the General Assembly. | ¢ 21. Reports of State Officers.
9. Proragning the General Assembly. | 2 22. Great Seal of State.
10. Nominations by the Governor. ¢ 23. Fees and Salaries.
11. Vacancies may be filled. 324. Definition of “‘ Office.”
12, Removals by the Governor. 225. Oath of Civil Officers.
13, Roprieves, Commutations, Pardons
EXECUTIVE DEPARTMENT.
21. The executive department shall consist of a Governor,
Lieutenant-Governor, Secretary of State, Auditor of Public Ac-
counts, Treasurer, Superintendent of Public Instruction, and At-
torney-General, who shall each with the exception of the Treas-
urer, hold his office for the term of four years from the second
Monday of January next after his election, and until his succes-
sor is elected and qualified. They shall, except the Lieutenant
Governor, reside at the seat of Government during their term of
office, and keep the public records, books and_ papers there, and
shall perform such duties as may be prescribed by law.
2. The Treasurer shall hold his office for the term of two
years, and until his successor is elected and qualified ; and shall
be ineligible to said office for two years next after the end of the
term for which he was elected. He may be required by the Gov-
ernor to give reasonable additional security, and in default of so
doing his office shall be deemed vacant.
ELECTION.
23. An election for Governor, Lieutenant-Governor, Secretary
of State, Auditor of Public Accounts and Attorney-General, shall
be held on the Tuesday next after the first Monday in November,
in the year of our Lord 1872, and every four years thereaiter ;
for Superintendent of Public Instruction, on the Tuesday next
after the first Monday of November, in the year 1870, and every
four years thereafter; and for Treasurer on the day last abcve
mentioned, and every two years thereafter, at such places and in
such manner as may be prescribed by law.
24. The returns of every election for the above named officers
shall be sealed up and transmitted, by the returning officers, to
the Secretary of State, directed to ‘‘The Speaker of the House
of Representatives,” who shall, immediately after the organiza-
tion of the house, and before proceeding to other business, open
and publish the same inthe presence of a majority of each house
of the general assembly, who shall, for that purpose, assemble in
the hall of the house of representatives. The person having the
highest number of votes for either of the said cflices shall be de-
clared duly elected; but if two or more have an equal and the
highest number of votes, the general assembly shall, by joint
ballot, choose one of such persons for said office. Contested
elections for all of said offices shall be determined by both houses
of the general assembly, by joint ballot, in such manner as may
be prescribed by law.
ELIGIBILITY.
25. No person shall be eligible to the office of governor, or
lieutenant-governor, who shall not have attained the age of 30
years, and been, for five years next preceding his election, a citi-
zen of the United States and of this State. Neither the gover-
nor, lieutenant-governor, auditor of public accounts, secretary of
State, superintendent of public instruction nor attorney general
shall be eligible to any other office during the period for which
he shall have been elected.
GOVERNOR.
26. The supreme executive power shall be vested in the gov-
ernor, who shall take care that the laws be faithfully executed.
@7. The governor shall, at the commencement of each session,
and at the close of his term of office, give to the general assembly
information, by message, of the condition of the State, and shall
recommend such measures as he shall deem expedient. Heshall
account to the general assembly, and accompany his message
with a statement of all moneys received and paid out by him
from any funds subject to his order, with vouchers,and at the
commencement of each regular session, present estimates of the
amount of money required to be raised by taxation for all pur-
oses.
E #8. The governor may, on extraordinary occasions, convene
the general assembly, by proclamation, stating therein the pur-
pose for which they are convened; and the general assembly
shall enter upon no business except that for which they were
called together.
#9. In case of a disagreement between the two houses with
respect to the time of adjournment, the governor may, on the
same being certified to him, by the house first moving the ad-
journment, adjourn the general assembly to such time as he thinks
proper, not beyond the first day of the next regular session.
#10. The governor shall nominate, and by and with the advice
and consent of the senate, (a majority of all the senators elected
concurring, by yeas and nays,) appoint all officers whose offices
864
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
are established by this constitution, or which may be created by
law, and whose appointment or election is not otherwise provided
for; and no such officer shall be appointed or elected by the gen-
eral assembly.
@ 11. In case of a vacancy, during the recess of the senate, in
any office which is not elective, the governor shall make a tem-
porary appointment until the next meeting of the senate, when
he shall nominate some person to fill such office ; and any person
so nominated, who is confirmed by the senate (a majority of all
the senators elected concurring by yeas and nays), shall hold his
office during the remainder of the time, and until his successor
shall be appointed and qualified. No person, after being rejected
by the senate, shall be again nominated for the same oflice at the
same session, unless at the request of the scnate, or be appointed
to the same office during the recess of the general assembly,
412. The governor shall have power to remove any officer
whom he may appoint, in case of incompetency, neglect of duty,
or malfeasance in office; and he may declare his office vacant,
and fill the same as is herein provided in other cases of vacancy.
#13 The governor shall have power to grant reprieves, com-
mutations and pardons, after conviction, for all offences, subject
to such regulations as may be provided by law relative to the
manner of applying therefor.
@14. The governor shall be commander-in-chief of the mili-
tary and nayal forces of the State (except when they shall be
called into the service of the United States); and may call out
the same to execute the laws, suppress insurrection, and repel
invasion. 3
215. The governor, and all civil officers of this State, shall be
liable to impeachment for any misdemeanor in office.
VETO.
#16. Every bill passed by the general assembly shall, before it
becomes a law, be presented to the governor. If he approve, he
shall sign it, and thereupon it shall become a law; but if he do
not approve, he shall return it, with his objections, to the house
in which it shall have originated, which house shall enter the
objections at large upon its journal, and proceed to reconsider the
pill. If, then, two-thirds of the members elected agree to pass
the same, it sha!l be sent, together with the objections, to the
other hou;e, by which it shall likewise be reconsidcred; and if
approved by two-thirds of the members elected to that house, it
shall become a law, notwithstanding the objections of the gover-
nor. But in all such cases, the vote of each house shall be de-
termined by yeas and nays, to be entered on the journal, Any
bill which shall not be returned by the governor within ten days
(Sundays excepted) after it shall have been one to him,
shall become a law in like manner as if he had signed it, unless
the general assembly shall, by their adjournment, prevent its re-
turn; in which case it shall be filed, with his objections, in the
office of the secretary of State, within ten days after such adjourn-
ment, or become a law.
LIEUTENANT-GOVERNOR,
217. In case of death, conviction or impeachment, failure to
qualify,.resignation, absence from the State, or other disability
of the governor, the powers, duties, the emoluments of the office
for the residue of the term, or until the disability shall be re-
moved, shall devolve upon the licutenant-governor,
218. The licutenant-governor shall be president of the senate,
and shall vote only when the senate is equally divided. The
senate shall choose a president, pro tempore, to preside in case of
the absence or impeachment of the lieutenant-governor, or when
he shall hold the office of governor.
219. If there be no lieutenant-governor, or if the licutenant-
governor shall, for any of the causes specified in 17 of this
article, become incapable of performing the duties of the office,
the president of the senate shall act as governor until the vacancy
is filled or the disability removed; and if the president of the
senate, for any of the above named causes, shall become incapa-
ble of performing the duties of governor, the same shall devolve
upon the speaker of the house of representatives.
OTHER STATE OFFICERS.
3.20. If the ofice of wditer of public accounts, treasurer, sec-
retary of State, attorney general, or superintendent of public in-
struction shall be vacated by death, resignation or otherwise, it
shall be the duty of the governor tofill the same by appointment,
and the appointee shall hold his office until his successor shall
be elected and qualified in euch manner as may be provided by
law. An account shall be kept by the officers of the executive
department, and of all the public institutions of the State, of all
moneys received or disbursed by them, severally, from all sources,
and for every service performed, and a semi-annual report thereof
be made to the governor, under oath; and any officer who makes
a false reportshall be guilty of perjury, and punished accordingly.
3 21. The officers of the executive department, and of all the
public institutions of the State, shall, at least ten days preceding
each regular session of the general assembly, severally report to
the governor, who shall transmit such reports to the general as-
sembly, together with the reports of the judges of the supreme
court of the defects in the constitution and laws; and the gover-
nor may at any time require information, in writing, under oath,
from the officers of the executive department, and all officers and
managers of state institutions, upon any subject relating to the
condition, management and expenses of their respective offices.
THF SEAL OF STATE,
$22. There shall be a seal of the State, which shall be called
the “Great seal of the State of Illinois,’ which shall be kept by
ue secretary of State, and used by him, officially as directed by
aw.
FEES AND SALARIES.
2 23. The officers named in this article shall receive for their
services a salary, to be established by law, which shall not be in-
creased or diminished during their official terms, and they shall
not after the expiration of the terms of those in office at the
adoption of this constitution, receive to their own use any fees,
costs, perquisites of office, or other compensation. And all fees
that may hereafter be payable by law for any service performed
by any officer provided for in this article of the constitution,
shall be paid in advance into the State treasury.
DEFINITION AND OATH OF OFFICE.
¢ 24. An office is a public position created by the constitution
or law, continuing during the pleasure of the appointing power,
or for a fixed time, with a successor elected or appointed. An
employment is an agency, for a temporary purpose, which ceases
when that purpose is accomplished.
225. All civil officers, except members of the general assembly
and such inferior officers as may be by law exempted, shall, be-
fore they enter on the duties of their respective offices, take and
subscribe the following oath or affirmation:
Ido solemnly swear (or affirm, as the case may be) that I will support the
constitution of the United States, and the Constitution of the State of Illinois,
and that [ will faithfully discharge the duties of the office of according
to the best of my ability.
And no other oath, declaration or test shall be required as a
qualification.
ARTICLE VI.
JUDICIAL DEPARTMENT.
1. Judicial Powers of Courts. 18. County Judges—County Clerks.
2, Seven Supreme Judges—Four| ¢19. Appeals from County Courts.
Decide. 20- Probate Courts Authorized.
3. Qualifications of aSupreme Judge| ¢ 21. Justices of the Peace and Consta-
4, Terms of the Supreme Court. bles.
5. Three Grand Divisions—seven | 2 22. State’s Attorney in each County.
Districts. 23. Cook County Courts of Record.
6, Election of Supreme Judges. 24. Chief Justice—Power of Judges.
7. Salaries of theSupreme Judges. .5. Salaries of the Judges.
8. Appents and Writs of Error. 26. Criminsl Court of Coc k County.
9, Appointment of Reporter. 27. Clerks of Cook County Court.
10, Clerks of the Supreme Court. 28. Justices in Chicago.
11. Appellate Courts Authorized. 29. Uniformity in the Courts.
lz. Jurisdiction of Circuit Courts. 30. Removal of any Judge.
13. Formation of .ludicial Circuits. 31. Judges to make Written Reports.
i4. Time «f holding Circuit Courts. 32. Terms of Office—Filling Vacan-
15. Cireuits containing Four Judges. cies.
16. Silaries of the Circuit Judges. 233. Process—Prosecutions—P o pul a-
17. Qualifications of Judge&S or Com- tion,
missioners
21. The judicial powers, except as in this article is otherwise
provided, shall be vested in one supreme court, circuit courts,
county courts, justices of the peace, police magistrates, and in
such courts as may be created by law in and for cities and incor-
porated towns.
SUPREME COURT.
22. The supreme court shall consist of seven judges, and shall
have original jurisdiction in cases relating to the revenue, in
mandamus, and habeas corpus, and appellate jurisdiction in all
other cases. One of said judgesshall be chief justice; four shall
constitute a quorum, and the concurrence of four shall be neces-
sary to every decision.
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
865
3. No person shall be eligible to the office of judge of the
supreme court unless he shall be at least thirty years of age, and a
citizen of the United States, nor unless he shall lave resided in
the State five years next preceding his election, and be a resi-
dent of the district in which he shall be elected.
24. Terms of the supreme court shall continue to be held in
the present grand divisions at the several places now provided
for holding the same; and until otherwise provided by an one
or more terms of said court shall be held, for the northern
division, in the city of Chicago, each year, at such times as said
court may appoint, whenever said city or the county of Cook
shall provide appropriate room therefor, and the use of a suitable
library, without expense to the State. The judicial divisions
may be altered, increased or diminished in number, and the times
and places of holding said court may be changed by law.
25. The present grand divisions shall be preserved, and be
denominated Southern, Central and Northern, until otherwise
provided by law. The State shall be divided into seven districts
for the election of judges, and until otherwise provided by law,
they shall be as follows:
First District—The counties of St. Clair, Clinton, Washing-
ton, Jefferson, Wayne, Edwards, Wabash, White, Hamilton,
Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Saline,
Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski and
Massac. _
Second District.—The counties of Madison, Bond, Marion, Clay,
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Mont-
gomery, Macounin, Shelby, Cumberland, Clark, Greene, Jersey,
Calhoun and Christian.
Third District—The counties of Sangamon, Macon, Logan, De
Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Living-
ston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell.
Fourth Distric.—The counties of Fulton, McDonough, Han-
cock, Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan,
Cass and Scott.
Fifth District.—The counties of Knox, Warren, Henderson,
Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, Lasalle,
Grundy and Wood‘ord.
Sixth District —The counties of Whiteside, Carroll, Jo Daviess,
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, De
Kalb, Lee, Ozle and Rock Island.
Seventh District.—The counties of Lake, Cook, Will, Kankakee
and Du Page.
The boundaries of the districts may be changed at the session
of the general assembly next preceding the election for judges
herein, and atno other time; but whenever such alterations
shall be made, the same shall be upon the rule of equality of
population, as nearly as county boundaries will allow, and the
districts will be composed of contiguous counties, in as nearly
compact form as circumstances will permit, The alteration of
the districts shall not affect the tenure of an office of any Judge.
26. At the time of voting on the adoption of this constitution,
one judge of the supreme court shall be elected by the electors
thereof, in each of said districts numbered two, three, six and
seven, who shall hold his office for the term of nine years from
the first Monday of June, in the year of our Lord 1870. The
term of office of judges of the supreme court, elected after the
adoption of this constitution, shall be nine years; and on the
first Monday of June of the year in which the term of any of
the judges in office at the adoption of this constitution, or of the
judge then elected, shall expire, and every nine years thereafter,
there shall be an election for the successor or successors of such
judges, in the respective districts wherein the term of such judges
shall expire. The chief justice shall continue to act as such
until the expiration of the term for which he was elected, after
which the judges shall choose one of their number as chief jus-
tice.
#7. From and after the adoption of this constitution, the
judges of the supreme court shall each receive a salary of $4,000
per annum, payable quarterly, until otherwise provided by law.
‘And after said salaries shall be fixed by law, the salaries of
the judges in office shall not be increased or diminished during
the terms for which said judges have been elected.
28. Appeals and writs of error may be taken to. the supreme
court, held in the grand division in which the caseis decided, or,
by consent of the parties, to any other grand division. ;
39. The supreme court shall appoint one reporter of its deci-
sions, who shall hold his office for six years, subject to removal by
the court. ee
210. At the time of the election for representative in the gen-
eral assembly, happening next preceding the expiration of the
terms of office of the present clerks of said court, one clerk of
said court for each division shall be elected, whose term of office
shall be six years from said election, but who shall not enter upon
the duties of his office until the expiration of the term ctf his
predecessor, and every six years thereafter, one clerk of said
court for each division shall be elected.
APPELLATE COURTS.
211. After the year of our Lord 1874, inferior appellate courts
of uniform organization and jurisdiction, may be created in dis-
tricts formed for that purpose, to which such appeals and writs
of error as the general assembly may provide, may be prosecuted
from circuit and other courts, and from which appeals and writs
of error shall lie to the supreme court, in all criminal cases, and
cases in which afranchise, or freehold, cr the validity of a stat-
ute is involved, and in such other cascs as may be provided by
law. Such appellate courts shall be held by such number of
judges of the circuit courts, and at such times and placcs, end in
such manner, as may be provided ty law; but nojudge shall sit
in review upon cases decided by him; nor shall said judges re-
ceive any additional compensation forsuch services,
CIRCUIT COURTS.
@ 12. The circuit courts shall have original jurisdiction of all
causes in law and equity, and such appellate jurisdiction as is or
may be provided by law, and shall held two or more terms each
year in every county. The terms of office of judges of circuit
courts shall be six years.
#13. The State, exclusive of the county of Cook and other
counties having a population of 1C0,C00, shall be divided into
judicial circuits, prior to the expiration of terms of office of the
present judges of the circuit courts. Such circuitsshall be formed
of contiguous counties, in as nearly compact form and as nearly
equal as circumstances will permit, having due regard to busi-
ness, territory and population, and shall not exceed in number
one circuit for every 100,000 of population in the State. One
judge shall be elected for each of said circuits by the electors
thereof. New circuits may be formed and the boundaries of cir-
cuits changed by the general assembly, at its session next pre-
ceding the election for circuit judges, but at no other time: Pro-
vided, that the circuits may be equalized or changed at the first
session of the general assembly, after the adoption of this con-
stitution. The creation, alteration or change of any circuit shall
not affect the tenure of office of any judge. Whenever the busi-
ness of the circuit court of any one, or of two or more contigu-
ous counties, containing a population exceeding 50,000, shall oc-
cupy nine months of the year, the general assembly may make
of such county, or counties, a separate circuit. Wheneycr eddi-
tional circuits are created, the foregoing limitations shall be ob-
served.
214. The general assembly shall provide for the times of hold-
ing courts in each county; which shall not be changed, except
by the general assembly next preceding the general election for
judges of said courts; but additional terms may be provided for
in any county. Theelection for judges of the circuit courts shall
be held on the first Monday of June, in the year of our Lord
1873, and every six years thereafter.
215. The general assembly may divide the State into judicial
circuits of greater population and territory, in lieu of the circuits
provided for in section 13 of this article, and provide for the elec-
tion therein, severally, by the electors thereof, by general ticket,
of not exceeding four judges, who shall hold the circuit courts for
which they shall be elected, in such manner as may be provided
by law.
%, 16. From and after the adoption of this constitution, judges
of the circuit courts shall receive a salary of $3,000 per annum,
payable quarterly, until otherwise provided by law. And after
their salaries shall be fixed by Jaw, they shall not be increased or
diminished during the terms for which said judges shall be, re-
spectively, elected ; and from and after the adoption of this con-
stitution, no judge of the supreme or circuit court shall receive
any other compensation, perquisite or benefit, in any form whatso-
ever, nor perform any other than judicial duties to which may
belong any emoluments,
217. No person shall be eligible to the office of judge of the
circuit or any inferior court, or to membership in the “bvard of
county commissioners,” unless he shall be at least 25 years of age,
and a citizen of the United States, nor unless he shall have re-
sided in this State five years next preceding his election, and be
a resident of the circuit, county, city, cities, or incorporated town
in which he shall be elected.
6 =
366
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
COUNTY COURTS.
218. There shall be elected in and for each county, one judge
and one clerk of the county court, whose terms of office shall be
four years. But the general assembly may create districts of two
or more contiguous counties, in each of which shall be elected
one judge, who shall take the place of, and exercise the powers
and jurisdiction of county judges in such districts. County
courts shall be courts of record, and shall have original jurisdic-
tion in all matters of probate; settlement of estates of deceased
persons; appointment of guardians and conservators, and settle-
ments of their accounts; in all matters relating to apprentices ;
and in proceedings for the collection of taxes and assessments,
end such other jurisdiction as may be provided for by general
aw.
219. Appeals and writs of error shall be allowed from final
determination of county courts, as may be provided by law.
5 PROBATE COURTS.
@ 29. The general assembly may provide for the establishment
of a probate court in each county having a population of over
50,000, and for the election of a judge thereof, whose term of
office shall be the same as that of the county judge, and who
shall be elected at the same time and in the same manner. Said
courts, when established, shall have original jurisdiction of all
probate matters, the settlement of estates of deceased persons,
the appointment of guardians and conservators, and settlement
of their accounts; in all matters relating to apprentices, and in
cases of the sales of real estate of deceased persons for the pay-
ment of debts.
JUSTICES OF THE PEACE AND CONSTABLES.
221. Justices of the peace, police magistrates, and constables
shall be elected in and for such districts as are, or may be, pro-
vided by law, and the jurisdiction of such justices of the peace
and police magistrates shall be uniform.
STATE’S ATTORNEYS.
222. At the election for members of the general assembly in
the year of our Lord 1872, and every four years thereafter, there
shall be elected a State’s attorney in and for each county, in lieu
of the State’s attorney now provided by law, whose term of office
shall be four years.
COURTS OF COOK COUNTY.
¢ 23. The county of Cook shall be one judicial circuit. The
circuit court of Cook county shall consist of five judges, until
their number shall be increased, as herein provided. The present
judge of the recorder’s court of the city of Chicago, and the pres-
ent judge of the circuit court of Cook county, shall be two of
said judges, and shall remain in office for the terms for which
they were respectively elected, and until their successors shall
be elected amd qualified. The superior court of Chicago shall be
continued, and called the superior court of Cook county. The
general assembly may increase the number of said judges by ad-
ding one to either of said courts for every additional 50,000 in-
habitants in said county, over and above a population of 400,000.
The terms of office of tne judges of said courts hereafter elected,
shall be six years, .
¢ 24. The judge having the shortest unexpired term shall be
chief justice of the court of which he is judge. In case there
are two or more whose terms expire at the same time, it may be
determined by lot which shall be chief justice. Any judge of
either of said courts shall have all the powers of a circuit judge,
and may hold the court of which he isa member. Each of them
may hold a different branch thereof at the same time.
225. The judges of the superior and circuit courts, and the
State’s attorney, in said county, shall receive the same salaries
payable out of the State treasury, as is or may be paid from sai
treasury to the circuit judges and State’s attorneys of the State,
and such further compensation, to be paid by the county of Cook,
as is or may be provided by law; such compensation shall not
be changed during their continuance in office.
226. The recorder’s court of the city of Chicago shall be con-
tinued, and shall be called the “criminal court of Cook county.”
It sha'l have the jurisdiction of a circuit court, in all cases of
criminal and quasi criminal nature, arising in the county of Cook,
or that may be brought before said court pursuant to law; and
all recognizancesand appeals taken insaid county, in criminal and
uasi criminal cases shall be returnable and taken to said court.
tt shall have no jurisdiction in civil cases, except in those on
behalf of the people, and incident to such criminal or quasi crim-
inal matters, and to dispose of unfinished business. The terms
of said criminal court of Cook county shall be held by one or
more of the judges of the circuit or superior court of Cook
county, as nearly as may be in alternation, as may be determined
by said judges, or provided by law. Said judges shall be ex-
officio judges of said court.
327. The present clerk of the recorder’s court of the city of
Chicago, shall be the clerk of the criminal court of Cook county,
during the term for which he was elected. The present clerks of
the superior court of Chicago, and the present clerk of the circuit
court of Cook county, shall continue in office during the terms
for which they were respectively elected; and thereafter there
shall be but one clerk of the superior court, to be elected by the
qualified electors of said county, who shall hold his office for the
term of four years, and until his successor is elected and qualified.
228. All justices of the peace in the city of Chicago shall be
ee by the governor, by and with the advice and consent
of the senate, (but only upon the recommendation of a majority
of the judges of the circuit, superior and county courts,) and for
such districts as are now or shall hereafter be provided by law.
They shall hold their offices for four years, and until their suc-
cesssors have been commissioned and qualified, but they may be
removed by summary proceedings in the circuit or superior court,
for extortion or other malfeasance. Existing justices of the peace
and police magistrates may hold their offices until the expiration
of their respective terms.
GENERAL PROVISIONS.
229, All judicial officers shall be commissioned by the gover-
nor. All laws relating to courts shall be general, and of uniform
operation ; and the organization, jurisdiction, power, proceedings
and practice of all courts, of the same class or grade, so far as
regulated by law, and the force and effect of the process, judg-
ments and decrees of such courts, severally shall be uniform,
230. The general assembly may, for cause entered on the
journals, upon due notice and opportunity of defense, remove
trom office any judge, upon concurrence of three-fourths of all
the members elected, of each house. All other officers in this
article mentioned, shall be removed from office on prosecution
and final conviction, for misdemeanor in office.
281. All judges of courts of record, inferior to the supreme
court, shall, on or before the first day of June, of each year, re-
port in writing to the judges of the supreme court, such defects
and omissions in the laws as their experience may suggest; and
the judges of the supreme court shall, on or before the first day
of January of each year, report in writing to the governor such
defects and omissions in the constitution and laws as they may
find to exist, together with appropriate forms of bills to cure such
defects and omissions in the laws. And the judges of the several
circuit courts shall report to the next general assembly the num-
ber of days they have held court in the several counties compos-
ing their respective circuits, the preceding two years.
@ 32. All officers provided for in this article shall hold their
offices until their successors shall be qualified, and they shall, re-
spectively, reside in the division, circuit, county or district for
which they may be elected or appointed. The terms of office of
all such officers, where not otherwise prescribed in this article,
shall be four years. All officers, where not otherwise provided
for in this article, shall perform such duties and receive such
compensation as is or may be provided by law. Vacancies in
such elective offices shall be filled by election; but where the
unexpired term does not exceed one year, the vacancy shall be
filled by appointment, as follows: Of judges, by the governor;
of clerks of courts, by the court to which the office appertains, or
by the judge or judges thereof; and of all such other officers, by
the board of supervisors or board of county commissioners in
the county where the vacancy occurs.
233. All process shall run: Jn the name of the People of the
State of Illinois: and all prosecutions shall be carried on: Jn
the name and by the authority of the People of the State of Illinois;
and conclude: Against the peace and dignity of the same. “ Pop-
ulation,” wherever used in this article, shall be determined by the
next preceding census of this State or of the United States.
ARTICLE VII.
SUFFRAGE.
1. Who are entitled to Vote. 5. Soldier not deemed a Resident.
2. All Voting to be by Ballot.
3. Privileges of Electors.
4, Absence on Public Business,
6. Qualifications for Office.
7. Persons Convicted of Crime,
¢ 1. Every person having resided in this State one year, in the
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
367
county 90 days, and in the election district 80 days next preced-
ing any election therein, who was an elector in this State on the
first day of April,in the year of our Lord 1848, or obtained a
certificate of naturalization before any court of record in this
tate prior to the first day of January, in the year of our Lord
1870, or who shall be a male citizen of the United States, above
the age of 21 years, shall be entitled to vote at such election.
@ 2. All votes shall be by ballot.
¢ 3. Electors shall, in all cases except treason, felony, or breach
of the peace, be privileged from arrest during their attendance
at elections, and in going to and returning from the same. And
no elector shall be obliged to do military duty on the days of
election, except in time of war or public danger.
$4. No elector shall be deemed to have lost his residence in
this State by reason of his absence on business of the United
States, or of this State, or in the military or naval services of the
United States.
25. No soldier, seaman or marine in the army or navy of the
United States shall be deemed a resident of this State in conse-
quence of being stationed therein.
46. No person shall be elected or appointed to any office in
this State, civil or military, who is not a citizen of the United
States, and who shall not have resided in this State one year
next preceding the election or appointment.
@7. The general assembly shall pass laws excluding from the
right of suffrage persons convicted of infamous crimes.
ARTICLE VIII.
: EDUCATION.
2. Gifts or Grants in aid_ of Schools.
1. Free Schools Established.
3. Public Schools not to be Sectarian.
j 4. School Officers not Interested.
& County Superintendent of Schools.
21. The general assembly shall provide a thorough and effi-
cicnt system of free schools, whereby all the children of this
State may receive a good common school education.
#2. All lands, moneys or other properties, donated, granted or
reccived for school, college, seminary or university purposes, and
the proceeds thereof, shall be faithfully applied to the objects for
which such gifts or grants were made.
#3. Neither the general assembly nor any county, city, town,
township, school district, or other public corporation, shall evcr
make any appropriation or pay from any public fund whatever,
anything in aid of any church of sectarian purpose, or to help
support or sustain any school, academy, seminary, college, uni-
versity, or other literary or scientific institution, controlled by
any church or sectarian demomination whatever; nor shall any
grant or donation of land, money, or other personal property ever
be made by the State or any such public corporation, to any
church, or for any sectarian purpose.
44. No teacher, State, county, township, or district school offi-
cer shall be interested in the sale, proceeds or profits of any book,
apparatus or furniture, used or to be used, in any school in this
State, with which such officer or teacher may be connected,
under such penalties 2s may be provided by the general assembly.
25. There may be a county superintendent of schools in each
county, whose qualifications, powers, duties, compensation and
time ‘and manner of election, and term of office, shall be pre-
scribed by law.
ARTICLE IX.
REVENUE.
. Principles of Taxation Stated. 8. Limitation on County Taxes.
. Other and further Taxation. 9. Local Municipal Improvements
. Property Exempt from Taxation. 10. Taxation of Municipal Corpora-
. Sale of Real Property for ‘laxes. - tions, oe
Right of Redemption therefrom.| #11. Defaulter not to be Eligible.
Heleave from Taxation Forbidden.| @ 12. Limitation on Municipal Indebt-
. Taxes paid into State Treasury. edness.
21. The general assembly shall provide such revenue as may be
needful by levying a tax, by valuation, so that every person and
corporation shall pay a tax in proportion to the value of his, her
or its property—such value to be ascertained by some person or
persons, to be elected or appointed in such manner as the general
assembly shall direct, and not otherwise; but the general assem-
bly shall have power to tax peddlers, auctioneers, brokers, hawk-
ers, merchants, commission merchants, showmen, jugglers, inn-
keeper:, grocery keepers liquor dealers, toll bridges, ferries, insur-
ance, telezraph and express interests or business, venders of pat-
ents, and persons or corporations owning or using franchises and
privileges, in such manner as it shall from timeto time direct by
general law, uniform as to the class upon which it operates.
NOOR er
2 2. The specifications of the objects and subjects of taxation
shall not deprive the general assembly of the power to require
other subjects or objects to be taxed in such a manner as mzy be
nee with the principles of taxation fixed in this constitu-
ion.
¢ 3. The properties of this State, counties and other municipal
corporations, both real and personal, and such other property as
may be used exclusively for agricultural and horticultural socie-
ties, for school, religious, cemetery and charitable purposes, may
be exempted from taxation; but such exemption shall be only
by generallaw. In the assessment of real estate encumbered by
public easement, any depreciation occasioned by such easement
may be deducted in the valuation of such property.
¢4, The general assembly shall provide, in all cases where it
may be necessary to sell real estate for the non-payment of taxes
or special assessments for State, county, municipal or other pur-
poses, that a return of such unpaid taxes or assessments shall be
to some general officer of the county having authority to receive
State and county taxes; and there shall be no sale of said prop-
erty for any of said taxes or assessments but by said officer, upon
the order or judgment of some court of record.
25. The right of redemption from ull sales of real estate for
the non-payment of taxes or special assessments of any character
whatever, shall exist in favor of owners and persons interested
in such real estate, for a period of not less than two years from
such sales thereof. And the general assembly shall provide by
law for reasonable notice to be given to the owners or parties in-
terested, by publication or otherwise, of the fact of the sale of
the property for such taxes or assessments, and when the time of
redemption shall expire: Provided, that occupants shall in all
cases be served with personal notice before the time of redemption
expires.
26. The general assembly shall have no power to release or
discharge any county, city, township, town or district whatever,
or the inhabitants thereof or the pronerty therein, from their or
its proportionate share of taxes to be levied for State purposes,
nor shall commutation for such taxes be authorized in any form
whatever.
27. All taxes levied for State purposes shall be paid into the
State treasury.
28. County authorities shall never assess taxes the aggregate
of which shall exceed 75 cents per $100 valuation, except for the
payment of indebtedness existing at the adoption of this constitu-
tion, unless authorized by a vote of the people of the county.
29. The general assembly may vest the corporate authoritics
of cities, towns, villages, with power to make local improvements
by special assessment or by special taxation of contiguous prop-
erty or otherwise. For all other corporate purposes, all munici-
al corporations may be vested with authority to assess and col-
ect taxes; but such taxes shall be uniform in respect to persons
and property, with the jurisdiction of the body imposing the
same,
210. The gencral assembly shall not impose taxes upon muni-
cipal corporations, or the inhabitants or property thereof, for cor-
porate purposes, but shall require that all the taxable property
within the limits of municipal corporations shall be taxed for
the payment of debts contracted under authority of law, such
taxes to be uniformin respect to persons and property, within the
jurisdiction of the body imposing the same. Private property
shall not be liable to be taken or sold for the payment of the cor-
porate debts of a municipal corporation.
211. No person who is in default, as a collector or custodian
of money or property belonging to a municipal corporation, shall
be eligible to any office in or under such corporation, The fees,
salary or compensation of no municipal officer who is elected or
appointed for a definite term of office, shall be increased or di-
minished during such term. Bea he
212. No county, city, township, school district, or other muni-
cipal corporation, shall be allowed to become indebted in any
manner or for any purpose, to an amount, including existing in-
debtedness, in the aggregate exceeding five per centum on the
value of the taxable property therein, to be ascertained by the
last assessment for State and county taxes, previous to the incur-
ring of such indebtedness. Any county, city, school district, or
other municipal corporation, incurring any indebtedness, as afore-
said, shall before, or at the time of doing so, provide for the col-
lection of a direct annual tax sufficient to pay the interest on
such debt as it falls due, and also to pay and discharge the prin-
cipal thereof within twenty years from the time of contracting the
same. This section shall not be construed to prevent any county,
city, township, school district, or other municipal corporation
8
368
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
from issuing their bonds in compliance with any vote of the
people which may have been had prior to the adoption of this
constitution in pursuance of any law providing therefor.
ARTICLE X.
COUNTIES.
1. Formation of New Counties. 2 8. County Officers—Terms of Office.
2. Division uf any County. 9. Salaries and Fees in Cook County.
8 3. Territory stricken from a County.! ¢ 10. Salaries fixed by County Board.
4, Remov al of a County Seat, * +) ¢@11. Township Officers--Special Laws.
5. Method of County Government. lz. All Future Fees Uniform.
6. Board of County Commiussioners,| ¢ 13. Sworn Reports of all Fees.
j 7. County affairs in Cook County.
21. No new county shall be formed or established by the gen-
eral assembly, which will reduce the county or counties, or cither
of them, from which it shall be taken, to less contents than 400
‘ square miles; nor shall any county be formed of less contents;
nor shall any line thereof pass within less than ten miles of any
county seat of the county, or counties proposed to be divided.
#2. No county shall be divided, or have any part stricken
therefrom, without submitting the question to a vote of the peo-
ple of the county, nor unless a majority of all the legal voters
of the county, voting on the question, shall vote for the same.
@3. There shall be no territory stricken from any county,
unless a majority of the voters living in such territory shall peti-
tion for such division ; and no territory shall be added to any”
county without the consent of the majority of the voters of the
county to which it is proposed to be added. But the portion so
stricken off and added to another county, or formed in whole or
in part into a new county, shall be holden for, and obliged to
pay its proportion of indebtedness of the county from which it
has been taken.
COUNTY SEATS.
#4. No county seat shall be removed until the point to which
it is proposed to be removed shall be fixed in pursuance of law,
and three-fifths of the voters of the county, to be ascertained in
such manner as shall be provided by general law, shall have
voted in favor of its removal to such point; and no person shall
vote on such question who has not resided in the county six
months, and in the election precinct ninety days next preceding
such election. The question of removal of a county seat shall
not be oftener submitted than once in ten years, to a vote of the
people. But when an attempt is made to remove the county seat
to a point nearer to the centre of a county, then a majority vote
only shall be necessary.
COUNTY GOVERNMENT.
25. The general assembly shall provide, by general law, for
township organization, under which any county may organize
whenever a majority of the legal voters of such county, voting at
any general clection, shall so determine, and whenever any county
shall adopt township organization, so much of this constitution
as provides for the management of the fiscal concerns of the said
county by the board of county commissioners, may be dispensed
with, and the affairs of said county may be transacted in such
manncr ¢s the general assembly may provide. Andin any county
that shall have adopted a township organization, the question of
continuing the same may be submitted to a vote of the electors
of such county, at a gencral election, in the manner that now is
or may be provided by law; and if a majority of all the votes
cast upon that question shall be against township organization,
then such organization shall ccase in said county; and all Jaws
in force in relation to counties not having township organizations,
shall immediately take effect and bein force in such county. No
two townships shall have the same name, and the day of holding
ee annual township meeting shall be uniform throughout the
tate. 4
. $6. Atthe first election of county judges under this constitu-
tion, three shall be clected in each ne the counties in this State,
not undcr township organization, three officers, who shall be
styled “ The met of County Commissioners,” who shall hold
sessions for the transaction of county business as shall be provided
by law. One of said commissioners shall hold his office for one
year, one for two years, and one for three years, to be determined
by lot; and every year thereafter one such officer shall be elected
in each of said counties for the term of three years.
@7 The county affairs of Cook county shall be managed by a
board of commissioners of fifteen persons, ten of whom shall be
elected from the city of Chicago, and five from towns outside of
said city. in such manner as may be provided bv law.
COUNTY OFFICERS AND THEIR COMPENSATIONS.
28. In each county there shall be elected the following county
officers: County judge, sheriff, county clerk, clerk of the cir-
cuit court, (who may be ex-officio recorder of deeds, except in
counties having 60,000 and more inhabitants, in which counties
a recorder of deeds shall be elected at the general election in the
year of our Lord 1872,) treasurer, surveyor, and coroner, each of
whom shall enter upon the duties of his office, respectively, on
the first Monday of December after their election; and they
shall hold their respective offices for the term of four years, ex-
cept the treasurer, sheriff and coroner, who shall hold their office
for two years, and until their successors shall be elected and qual-
ified.
@ 9. The clerks of all the courts of record, the treasurer, sheriff,
coroner and recorder of deeds of Cook county, shall receive as
their only compensation for their services, salaries to be fixed by
law, which shall in no case be as much as the lawful compensation
of a judge of the circuit court of said county, and shall be paid
respectively, only out of the fees of the office actually collected.
All fees, perquisites and emoluments (above the amount of said
silaries) shall be paid into the county treasury. The number of
the deputies and assistants of such officers shall be determined
by rule of the circuit court, to be entered of record and their
compensation shall be determined by the county board.
210. The county board, except as provided in 2 9 of this arti-
cle, shall fix the compensation of all county officers, with the
amount of their necessary clerk hire, stationery, fuel and other
expenses, and in all cases where fees are provided for, said com-
pensation shall be paid only out of, and shall in no instance ex-
ceed, the fees actually collected; they shall not allow either of
them more per annum than $1,500, in counties not exceeding
20,000 inhabitants; $2,000 in counties containing 20,000 and not
exceeding 39,000 inhabitants ; $2,500 in counties containing 30,-
000 and not exceeding 50,009 inhabitants; $3,000 in counties
containing 50,000 and not exceeding 70,000 inhabitants; £3,500
in counties containing 70,000 and not exceeding 100,000 inhabi-
tants; and $4,000 in counties containing over 100,000 and not
excéeding 250,000 inhabitants; and not more than $1,000 addi-
tional compensation for each additional 100,000 inhabitants:
Provided, that the compensation of no officer shall be increased
or diminished during his term of office. All fecs or allowances
by them received, in excess of their said compensation, shall be
paid into the county treasury.
@11. The fees of township officers, and of each class of county
officers, shall be uniform in the class of counties to which they
respectively belong. Thecompensation herein provided forshall
apply only to officers hereafter elected, but all fees established by
special laws shall cease at the adoption of this constitution, and
such officers shall receive only such fees as are provided by gen-
eral law.
@12. All laws fixing the fees of State, county and township
officers, shall terminate with the terms, respectively, of those
who may be in office at the meeting of the first general assembly
after the adoption of this constitution ; and the general assembly
shall by general Jaw, uniform in its operation, provide for and
regulate the fees of said officers and their successors, so as to re-
duce the same to a reasonable compensation for services actually
rendered. But the gencral assembly may, by general law, classify
the counties by population into not more than three classes, and
regulate the fees according to class. Th‘s article shall not be
construed as depriving the general assembly of the power to re-
duce the fees of existing ofliccrs.
218. Every person who is elected or appointed to any office in
this State, who shall be paid in whole or in part by fees, shall be
required by law to make a semi-annual report, under oath to
some officer to be designated by law, of all his fees and emolu-
ments.
ARTICLE XI.
CORPORATIONS,
1 Established only by General Laws.) ? 9. Railroad Office,Books and Records
. Existing Chartors—low Forfcitced.| ¢ 10. Personal Property of Railroads.
2 3. Election of Directors or Managers.| ¢ 11. Consolidations Forbidden.
. Construction of Street Railroads.| $12. Railroads deemed Highways—
\s oe Banks Forbidden—General Rates Fixed.
Law. 13, Stocks, Bonds and Dividends.
» Liability of Bank Stockholder. i Power’ svar existing Companies.
- Suspension of Specic Payment. | 15, Freight and Passenger Tari! rogu-
. Of a General Banlsing Law. lated.
OID APwWr
21. No corporation shall be created by special laws, or its char-
41
tar avtendad shanead aw amandana fee ce wa
aAwans + Laas
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
educational, penal or reformatory purposes, which are to be and
remain under tie patronage and control of the State, but the
gencral assembly shall provide, by gencral law, for the organiza-
tions of all corporations hereafter created.
¢2. All existing charters or grants of special or exclusive
privileges, under which organization shall not have taken place,
or which shall not have been in operation within ten days from
the time this constitution takes eifect, shall thereafter have no
validity or effect whatever.
23. The general assembly shall provide, by law, that in all
elections for directors or managers of corporated companies,
every stockholder shall have the right to vote, in person orby proxy,
for the number of shares of stock owned by him, for as many
persons as there.are directors or managers to be elected, or to
cumulate said shares, and give one candidate as many votes as
the number of directors multiplied by the number of his shares
of stock, shall equal, or to distribute them on the same principle
among as many candidates as he shall think fit; and no such
directors or managers shall be elected in any other manner.
34. No laws shall be passed by the general assembly, granting
the right to construct and operate a street railroad within any
city, town, or incorporated village, without requiring the consent
of the local authorities having the control of the street or high-
way proposed to be occupied by such street railroad,
BANKS,
25. No State bank shall hereafter be created, nor shall the
State own or be liable for any stock in any corporation or joint
stock company or association for banking purposes, now created,
or to be hereafter created, Noact of the general assembly au-
thorizing or creating corporations or associations, with banking
powers, whether of issue, deposit or discount, nor amendments
thereto, shall go into effect or in any manner be in force unless
the same shall be submitted toa vote of the people at the general
election next succeeding the passage of the same, and be ap-
proved by a majority of all the votes cast at such election for or
against such law.
86. Every stockholder in a banking corporation or institution
shall be individually responsible and liable to its creditors over
and above the amount of stock by him or her held, to an amount
equal to his or her respective shares so held, for all its liabilities
accruing while he or she remains such astockholder.
37. The suspension of specie payments by bankin; institu-
tions, or their circulation, created by the laws of this State, shall
never be permitted or sanctioned. Every banking association
now, or which may hereafter be, organized under the laws of
this State, shall make and publish a full and accurate quar-
terly statement of its affairs, (which shall be certified to, under
oath, by one or more of its officers,) as may be provided by law.
28. If a general banking law shall be enacted, it shall provide
for the ree and countersigning, by an officer of state, of all
bills or paper credit, designed to circulate as money, and require
security, to the full amount thereof, to be deposited with the State
treasurer, in United States or Illinois State stocks, to be rated at
ten per cent. below their par value; and in case of a deprecia-
tion of said stocks to the amount of ten per cent. below par, the
bank or banks owning said stocks shall be required to make up
said deficiency, by depositing additional stocks. And said law
shall also provide for the recording of the names of all stock-
holders in such corporations, the amount of stock held by each,
the time of any transfer thereof, and to whom such transfer is
made.
RAILROADS.
29. Every railroad corporation organized or doing business in
this State, under the laws or authority thereof, shall have and main-
tain a public office or place in this State, for the transaction of
its business, where transfers of stock shall be made, and in which
shall be kept for public inspection, books, in which shall! be re-
corded the amount of capital stock subscribed, and by whom ; the
names of the owners of stock and amount by them respectively,
the amount of stock paid in and by wnom, the transfers of said
stock; the amount of its assets and liabilities, and the names
and place of residence of its officers. The directors of every
railroad corporation shall, annually, make a report, under oath,
to the auditor of public accounts, or some officer to be designate
by law, of all their acts and doings, which report shall include
such matters relating to railroads as may be prescribed by law.
And the general coy fal pass laws enforcing by suitable
nalties the provisions of this section.
tS 10. The piling stock, and all other movable property belong-
369
ing to any railroad company or corporation in this State, shall be
considered personal property, and shall be liable to execution
and sale in the same manner as the personal property of individ-
uals, and the general assembly shall pass no law exempting any
such peopel from execution and sale,
@11. No railroad corporation shall consolidate its stock, pro-
perty or franchises with any other railroad corporation owning a
parallel or competing line; and in no case shall any consolida-
tion take rae except upon public notice given, of at least sixty
days, to all stockholders, in such manner as may be provided by
law. A majority of the directors of any railroad corporation,
now incorporated or hereafter to be incorporated by the laws of the
State, shall be citizens and residents of this State.
¢12. Railways heretofore constructed, or that may hereafter
be constructed in this State, are hereby declared public high-
ways, and shall be free to all persons for the transportation of
their persons and property thereon, under such regulations as
may be prescribed by law. And the general assembly shall, from
time to time, pass laws establishing reasonable maximum rates
of charges for the transportation of passengers and freight on the
different railroads in this State.
#18. No railroad corporation shall issue any stock or bonds,
except for money, labor or property actually received, and ap-
plied to the purposes for which such corporation was created ;
and all stock dividends, and other fictitious increase of the capi-
tal stock or indebtedness of any such corporation, shall be void.
The capital stock of no railroad corporation shall be increased
for any purpose, except upon giving sixty days’ public notice, in
such manner as may be provided by law.
$14. The exercise of the power, and the right of eminent do-
main shall never beso construed or abridged as to prevent the tak-
ing, by the general assembly, of the property and franchises of
incorporated companies already organized, and subjecting them
to the public necessity the same as of individuals. The right of
trial by jury shall be held inviolate in all trials of claims for
compensation, when, in the exercise of said right of eminent do-
main, any incorporated company shall be interested either for or
against the exercise of said right.
215. The general assembly shall pass laws to correct abuses
and prevent unjust discrimination and extortion in the rates of
freight and passenger tariffs on different railroads in this State,
and enforce such laws, by adequate penalties, to the extent, if
necessary for that purpose, of forfeiture of their property and
franchises.
ARTICLE XII.
MILITIA,
2 1. Persons composing the Military. 4, Privilege from Arrest.
2. Organization—E quip ment—Dis-|¢ 5. Records, Banners and Relics.
cipline. ¢ 6. Exemption from militia duty.
2 3. Commissions of Officers.
21, The militia of the State of Illinois shall consist of all able-
bodied male persons, resident in the State, between the ages of
eighteen and forty-five, except such persons as now are, or here-
after may be, exempted by the laws of the United States, or of
this State.
32. The general assembly, in providing for the organization,
equipment and discipline of the militia, shall conform as nearly
ag practicable to the regulations for the government of the
armies of the United States. a
23. All militia officers shall be commissioned by the gover-
nor, and may hold their commissions for such time as the general
assembly may provide.
24. The militia shall, in all cases, except treason, felony or
breach of the peace, be privileged from arrest during their at-
tendance at musters and elections, and in going to and returning
from the same.
25. The military records, banners and relics of the State, shall
be preserved as an enduring memorial of the patriotism and
valor of Illinois, andit shall be the duty of the general assembly
to provide by law for the safe keeping of the same. .
26. No person having conscientious scruples against bearing
arms, shall be compelled to do militia duty in time of peace:
Provided, such person shall pay an equivilent for such exemp-
tion.
ARTICLE XIII.
WAREHOUSES.
1. What deemed Public Warehouses. |? 5. Delivery of Grain by Railroads,
2 Sworn weekly statements required | ¢ 6. Powerand Duty of the Legislature,
3. Examination of property stored. }|@ 7. Grain Inspection—Protection of
4, Carriers to deliver full Weight. Dealers.
370
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
21. All elevators or storehouses where grain or other property
is stored for a compensation, whether the property stored be kept
separate or not, are declared to be public warehouses.
¢2. The owner, lessee or manager of each and every public
warchouse situated in any town or city of not less than 100,000
inhabitants, shall make weekly statements under oath, before
some officer to be designated by law, and keep the same posted
in some conspicuous placein the office of such warehouse, and
shall also file a copy for public examination in such place as
shall be designated by law, which statement shall correctly set
forth the amount and grade of each and every kind of grain in
such warehouse, together with such other property as may be
stored therein, and what warehouse receipts have been issued,
and are, at the time of making such statement, outstanding there-
for; and shall, on the copy posted in the warehouse, note daily
such changes as may be made in the quantity and grade of grain
in such warehouse; and the different grades of grain shippcd in
separate lots, shall not be mixed with inferior or superior grades,
without the consent of the owner or consignee thereof.
@3. The owners of property stored in any warehouse, or holder
of areceipt for the same, shall always be at liberty to examine
such property stored, and all the books and records of the ware-
house in regard to such property.
@4. All railroad companies and other common carriers on rail-
roads shall weigh or measure grain at points where it is shipped,
and receipt for the full amount, and shall be responsible for the
delivery of such amount to the owner or consignee thereof, at
the place of destination. :
25. All railroad companies receiving and transporting grain
in bulk or otherwise, shall dcliver the same to any consignee
thereof, or any elevator or public warehouse to which it may be
consigned, provided such consignee, or the elevator or public
warehouse can be reached by any track owned, leased or used,
er which can be used, by such railroad companies; and all rail-
road companies shall permit connections to be made with their
track, so that any such consignee, and any public warehouse,
coal bank or coal yard, may be reached by the cars on said rail-
road.
@6. It shall be the duty of the general assembly to pass all
necessary laws to prevent the issue of false and fraudulent
warehouse receipts, and to give full effect to this article of the
constitution, which shall be liberally construed so as_ to protect
producers and shippers. And the enumeration of the remedies
herein named shall not be construed to deny to the general as-
sembly the power to prescribe by law such other and further
remedies as may be found expedient, or to deprive any person
of existing common law remedies.
#7. The general assembly shall pass laws for the inspection
of grain, for the protection of producers, shippers and receivers
of grain and produce.
ARTICLE XIV.
AMENDMENTS TO THE CONSTITUTION.
@ 1. By a Constitutional Convention. | % 2. Proposed by the Legislature.
21. Whenever two-thirds of the members of each house of
the general assembly shall, by a vote entered upon the journals
thereof, concur that a convention is necessary to revisc, alter or
amend the constitution, the question shall be submitted to the
electors at the next genefal election. If a majority voting at
the election vote for a convention, the general assembly shell at
the next session, provide for a convention, to consist of double
the number of the members of the senate, to be clected in the
same manner, at the same places, and in the same districts. The
general assembly shall, in the act calling the convention, desig-
nate the day, hour and place of its meeting, fix the pay of its
members and officers, and provide for the payment of the same,
together with expenses neccessarily incurred by the conventicn
in the performance of its duties. Before proceeding, the members
shall take an oath to support the constitution of the United
States, and of the State of Illinois, and to faithfully discharge
their duties as members of the convention. The qualification of
members shall be the same as that of members of the senate,
and vacancies occurring shall be filled in the manner provided
for filling vacancies in the general assembly. Said convention
shall meet within three months after such election, and prepare
such revisions, alterations or amendments of the constitution as
shall be deemed necessary, which shall be submitted to the elec-
tors for their ratification or rejection, at an election appointed by
the-convention for that purpose, not less than or more than six
months after the adjournment thereof; and unless so submitted
and approved by a majority of the electors voting at the election,
no such revisions, alterations or amendmenis shall take effect.
22. Amendments to this constitution may be proposed in either
house of the general assembly, and if the same shall be voted
for by two-thirds of all the members elected to each of the two
houses, such proposed amendments, together with the yeas and
nays of each house thereon, shall be entered in full on their re-
spective journa!s, and said amendments shall be submitted to the
clectors of this State for adoption or rejection, ut the next elec-
tion of members of the general assembly, in such manner as may
be prescribed by law. The proposed amendments shall be pub-
lished in full at least three months preceding the election, and
if a majority of electors voting at said election shall vote for the
proposed amendments, they shall become partof this constitu-
tion. But the general assembly shall have no power to propose
amendments to more than one article of this constitution at the
same session, nor to the same article oftener than once in four
years,
SEPARATE SECTIONS.
Illinois Central Railroad. | unicipal Subseription to Corporar
Illinois and Michigan Canal. tions.
No contract, obligation or liability whatever, of the Illinois
Central Railroad Company, to pay any money into the State
treasury, nor any lien of the State upon, or right to tax property
of said company, in accordance with the provisions of the charter
of said company, approved Teb. 10,in the year of our Lord 1851,
shall ever be released, suspended, modified, altered, remitted, or
in any manner diminished or impaired by legislative or other
authority ; and all moneys derived from said company, after the
payment of the State debt, shall be appropriated and set apart
for the payment of the ordinary expenses of the State govern-
ment, and for no other purposes whatever.
MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATECORPORA~
TIONS.
No county, city, town, township or other municipality shall ever
become subscriber to the capital stock of any railroad or private
corporation, or make donation to, or loan its credit in aid of such
corporation: Provided however, that the adoption of this article
shal not be construed as affecting the right of any such munici-
pality to make such subscriptions wnere the same have been au-
thorized, under existing Jaws, by a vote of the people of such
municipalities prior to such adoption.
CANAL.
The Illinois and Michigan Canal shall never be sold or leased
until the specific proposition for the sale of lease thereof shall
have first been submitted to a vote of the people of the State, at
a general election, and have been approved by a majority of all
he votes polled at such election, The general assembly shall
never loan the credit of the State, or make appropriations from
the treasury thereof, in aid of railroads orcanals: Provided, that
any surplus earnings of any canal may be appropriated for its
enlargement or extension.
SCHEDULE.
2 1. Laws in force remain valid.
¢ 2. Fines, Penalties, and FPorfeitures.
¢ 3. Recognizances, Bonds, Obligations
2 4. Present county Courts continued’
2 5. All existing Courts continned.
6. Persons nowin Office continued.
That no inconvenicnee may arise from the alterations and amendments made
jn the constitution of this State and to carry the same into complete effect, it is
hereby ordained and declared:
#1. That all laws in force at the adoption of this constitution,
not inconsistent therewith, and all rights, actions, prosecutions,
claims, and contracts of this State, individuals or bodies corpor-
ate, shall continue to be as valid as if this constitution had not
been adopted.
@2. That all fines, taxes, penalties and forfeitures, due and
owing to the State of Illinois under the present constitution and
laws, shall inure to the use of the people of the State of Illinois
under this constitution.
23. Recognizances, bonds, obligations, and all other instruments
entered into or executed before the adoption of this constitution,
to the people of the State of Illinois, to any State or county officer
or public body, shall remain binding and valid; and rights and
liabilities upon the same shall continue, and all crimes and mis-
demeanors shall be tried and punished as though no change had
been made in the constitution of this State.
#4. County courts for the transaction of county business in
counties not having adopted township organization, shall continue
in existence and exercise their present jurisdiction until the
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES,
ILLINOS. 871
board of county commissioners provided in this constitution is
organized in pursuance of an act of the general assembly; and
the county courts in all other counties shall have the same power
and jurisdiction they now possess until otherwise provided by
general law.
@5. All existing courts which are notin this constitution
specially enumerated, shall continue in existence and exercise
their present jurisdiction until otherwise provided by law.
_ $6. All persons now filling any office or appointment shall
continue in the exercise of the duties thereof according to their
respective commissions or appointments, unless by this constitu-
tion it is otherwise directed.
* * * * * * * * * * *
218, All laws of the State of Ilinois, and all official writings,
anc the executive, legislative and judicial proceedings, shall le
conducted, preserved and published in no other than the English
language. :
@19. The general assembly shall pass all laws necessary to
carry into effect the provisions of this constitution.
3 20. The circuit clerks of the different counties having a pop-
ulation over sixty thousand, shall continue to be recorders (ex-
officio) for their respective counties, under this constitution, until
the expiration of their respective terms.
921. The judges of all courts of records in Cook County shall,
in lieu of any salary provided for in this constitution, receive the
compensation now provided by law until the adjournment of the
first session of general assembly after the adoption of this con-
svitution.
, ¢22. The present judge of the circuit court of Cook county
shall continue to hold the circuit court of Lake county until
otherwise provided by law.
$23. When this constitution shall be adopted, and take effect:
as the supreme law of the State of Illinois, the two-mill tax pro-
vided to be annually assessed and collected upon each dollar’s
worth of taxable property, in addition to all other taxes, as set
forth in article fifteen of the now existing constitution, shall cease
to be assessed after the year of our Lord one thousand eight
hundred and seventy. ;
#24. Nothing contained in this constitmtion shall be so con-
strued as to deprive the general assembly ot the power to author-
ize the city of Quincy to create any indebtedness for railroad or
municipal purposes, for which the people of said city shall have
voted, and to which they shall have given, by such vote, their
assent, prior to the thirteenth day of December, in the year of
our Lord one thousand eight hundred and sixty-nine: Provided,
that no such indebtedness, so created, shall in any part thereof
be paid by the State, or from any State revenue, tax or fund, but
the same shall be paid, if at all, by the said city of Quincy alone,
and by taxes to be levied upon the taxable property thereof:
And provided, further, that the general assembly shall have no
power in the premises that it could not exercise under the pre-
sent constitution of this State.
425. In case this constitution and the articles and sections
submitted separately be adopted, the existing constitution shall
cease in all its provisions ; and in case this constitution be adopted,
any one or more of its articles or sections submitted separately
be defeated, the provisions of the existing constitution (if any)
on the same subject shall remain in force. :
@ 26. The provisions of this constitution required to be exe-
cuted prior to the adoption or rejection thereof shall take effect
and be in force immediately. .
Done in convention at the capital, in the city of Springfield,
on the thirteenth day of May, in the year of our Lord one thou-
sand eight hundred and seventy, and of the independence of the
United States of America the ninety-fourth.
In witness whereof, we have hereunto subscribed cur names
CHARLES HITCHCOCK, President.
Robert A. King,
Jas. McCoy,
Charles E. McDowell,
William C. Goodue,
Joseph Medill,
Clifton H. Moore,
William J. Allen,
John Abbott,
James C. Allen,
Elliott Anthony,
Wm. R. Archer,
Henry I. Atkins,
James G. Bayne,
R. M. Benjamin,
IL. P. H. Brownwell,
QO. H. Browning,
Wn. G. Bowman,
Silas L. Rryon,
H. P. Buxton,
Daniel Cameron,
William Cary,
Lawrence 8. Church,
Hiram H. Cody,
W. F. Coolbaugh,
Alfred M. Craig,
Robert J. Cross,
Samuel P. Cummings,
John Dement,
G. 8, Eldridge,
James W. English.
David Ellis,
Ferris Foreman,
Jesse C. Fox,
Miles A. Fuller,
John P. Gamble,
Addison Goodell,
John C. Haines,
Elijah M. Haines,
John W. Hankins,
R. P. Hanna,
Joseph Hart,
‘Abel Harwood,
Milton Hay,
Samuel Snowden Hayes,
Jesse 8. Hildrup,
Jonathan Merriam,
Joseph Parker,
Samuel C. Parks,
Peleg S. Perley,
J.5. Poage,
Edward Y. Rice,
James P. Robinson,
Lewis W. Ross,
William P. Pierce,
N. J. Pillsbury,
Jno. Scholfield,
James M. Sharp,
Henry Sherrell,
W. H. Snyder,
O. C. Skinner,
Westel W. Sedgwick,
Charles F. Springer,
John L. Tincher,
C. Truesdale,
Henry Tubbs,
Thomas J. Turner,
Wn. H. Underwooil,
Wm. L. Vandeventer,
Henry W. Wells,
George E. Wait,
George W. Wall,
R. B. Sutherland,
D. C. Wagner,
George R. Wendling,
Chas. Wheaton
L. D. Whiting,
John H. Wilson,
Orlando H. Wright.
ATTEST :—John Q. Harmon, Secretary.
Daniel Shepard, First Assistant Secretary.
A. H. Swain, Second Assistant Secretary.
UNITED STATES OF AMERICA,
STATE OF ILLINOIS. ss. Office of Secretary.
I Georcr H. Hartow, Secretary of the State of Illinois, do hereby certify
that the foregoing is a true copy of the constitution of the State of Illinois
adopted in convention the 13th day of May, 1870, ratified by a vote of the peo-
ple the 2nd day of July, 1870, andin force on the 8th day of August, 1370, and
now on file in this office. In testimony whereof I hereto set my hana and affix
the Great Seal of State, at the city of Springfield, the 3lst gay of March, A. D.
1873,
GEO, H. HARLOW, Secretary of State.
AMENDMENTS TO THE CONSTITUTION.
Amending section 31, article 4. Proposed by the General Assembly, 1877,
ratified by a vote of the people November 5, 1878, proclaimed adopted by the
Governor November 29, 1878.
Section 31, ARTICLE 4.
The General Assembly may pass laws permitting the owners of lands to con-
struct drains, ditches, and levees for agricultural, sanitary and mining purposes
across the lands of others, and peeves for the organization of drainage dis-
tricts, and vest the corporate authorities thereof with power to construct and
maintain levees, drains and ditches, and to keep in ee all drains, ditches
and levees heretofore constructed under the laws of this State, by special as-
sessments upon the property benefited thereby.
Amending section 8, article 10. eveptses by the General Assembly, 1879,
ratified by a vote of the people November 2, 1880, proclaimed adopted by the
Governor November 22, 1880:
Section 8, ArTIcLE 10.
In each county there shall he elected the following county officers, at the
general election to be held on the Tuesday after the first Monday in November,
A. D. 1882: A county judge, county clerk, sheriff, and treasurer; and at the
election to be held on the Tuesday after the first Monday in November, A. D.
1884, a coroner and clerk of the circuit court, (who may be ex-officio recorder of
deeds, except in counties having 60,000 and more inhabitants, in which coun-
ties a recorder of deeds shall be elected at the general election in 1884), Each
of said officers shall enter upon the duties of his office, respectively, on the
first Monday of December after his election, and they shall hold their respec-
tive offices for the term of four years, and until theirsuccessors are elected
and qualified: Provided, that no per-on having once been elected to the office
of sheriff, or treasurer, shall be eligible to re-election to said office for four
years after the expiration of the term for which he shall have been elected.
372
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
DECLARATION OF INDEPENDENCE.
When, in the course of human events, it becomes necessary
for one people to dissolve the political bands which have con-
nected them with another, and to assume among the powers of
the earth, the separate and equal station to which the laws of
nature and of nature’s God entitle them, a decent respect to
opinions of mankind requires that they should declare the causes
which impel them to the separation.
We hold these truths to be self-evident, that all men are cre-
ated equal; that they are endowed by their Craator with ecrtain
unalienable rights; that among these are lite, liberty and the
pursuit of happiness. That to secure these rights, governments
are instituted among men, deriving their just powers from the
consent of the governed; that, whenever any form of govern-
ment becomes destructive of these ends, it is the right of the
people to alter or to abolish it, and to institutea new govern-
ment, laying its foundation on such principles, and organizing
its powers in such form as to them shall seem most likely to ef-
fect their safety and happiness. Prudence, indeed, will ‘dictate
that governments long established should not be changed for
light and transient causes; and, accordingly, all experience hath
shown that mankind are more disposed to suffer, while evils are
sufferable, than to right themselves by abolishing. the forms to
which they are accustomed. But when a long train of abuses
and usurpations, pursuing invariably the same object, evinces a
design to reduce them under absolute despotism, it is their right,
it is their duty to throw off such government, and to provide
new guards for their future security. Such has been the patient
sufferance of these colonies, and such is now the necessity which
constrains them to alter their former systems of government.
The history of the present King of Great Britain is a history of
repeated injuries and usurpations, all having in direct object the
establishment of an absolute tyranny over these States. To
prove this let facts be submitted to a candid world:
He has refused his assent to laws the most wholesome and
necessary for the public good.
He has forbidden his Governors to pass laws of immediate and
pressing importance, unless suspended in their operation till his
assent should be obtained ; and when so suspended, he has utterly
neglected to attend to them.
He has refused to pass other laws for the accommodation of iarge
districts of people, unless those people would relinquish the right
of representation in the legislature; a right inestimable to them,
and formidable to tyrants only.
He has called together leglislative bodies at places unusual,
uncomfortable, and distant from the depository of their public
records, for the sole purpose of fatiguing them into compliance
with his measures.
He has dissolved representative houses repeatedly for oppos-
ing, with manly firmness, his invasions on the rights of the peo-
le.
F He has refused, for a long time after such dissolution, to cause
others to be elected; whereby the lcgislative powers, incapable
of annihilation, have returned to the people at large for their
exercise; the State remaining, in the meantime, exposed to all
the danger of invasion from without, and convulsions within.
He has endeavored to prevent the population of these States;
for that purpose, obstructing the laws for naturalization of for-
eigners; refusing to pass others to encourage their migration
hither, and raising the conditionsof new appropriations of lands,
He has obstructed the administration of justice, by refusing
his assent to laws for establishing judiciary powers.
He has made judges dependent on his will alone, for the ten-
ure of their offices, and the amount and paymentof thcir salaries,
He has erected a multitude of new cffices, and sent hither
swarms of officers to harass our people, and eat out their sub-
stance.
He has kept among us, in times of peace, standing armies,
without the consent of our legislature.
He has affected to render the military independent of, and
superior to, the civil power.
e has combined, with others, to subject us to a jurisdiction
foreign to our constitution, and unacknowledged by our laws; giv-
ing his assent to their acts of pretended legislation.
For quartering large bodies of armed troops among us.
For protecting them, by a mock trial, from punishment, for
any murders they should commit on the inhabitants of these
States.
For cutting off our trade with all parts of the world:
For imposing taxes on us without our consent :
For depriving us, in many cases, of the benefits of trial by
ury:
: For transporting us beyond seas to be tried for pretended of-
fences:
For abolishing the free system of English law in a neighbor-
ing province, establishing therein an arbitrary government, and
enlarging its boundaries, so as to render it at once an example
and fit instrument for introducing the same absolute rule into
these colonies:
For taking away our charters, abolishing our most valuable
laws, and altering fundamentally, the powers of our govern-
ments:
For suspending our own legislatures, and declaring themselves
invested with power to legislate for us in all cases whatsoever.
He has abdicated government here, by declaring us out of his
protection, and waging war against us.
He has plundered our seas, ravaged our coasts, burnt our
towns, and destroyed the lives of our people.
He is, at this time, transporting large armies of foreign mer-
cenaries to complete the work of death, desolation and tyranny,
already begun, with circumstances of cruelty and perfidy scarcely
perileled in the most barbarous ages, and totally unworthy the
ead of a civilized nation.
He has constrained our fellow-citizens, taken captive on the
high seas, to bear arms against their country, to become the exe-
cutioners of their friends and brethren, or to fall themselves by
their hands.
He has excited domestic insurrections amongst us, and has en-
deavored to bring on the inhabitants of our frontiers, the merci-
less Indian savages, whose known rule of warfare is an undis-
tinguished destruction of all ages, sexes, and conditions. :
In every stage of these oppressions, we have petitioned for re-
dress, in the most humble terms; our repeated petitions have
been answered only by repeated injury. A prince, whose charac-
ter is thus marked by every act which may define a tyrant, is
unfit to be the ruler of a free people.
Nor have we been wanting in our attention to our British
brethren, We have warned them from time to time, ot attempts
made by their legislature to extend an unwarrantable jurisdiction
over us. We have reminded them of the circumstances of our
emigration and settlement here. We have appealed to their
native justice and magnanimity, and we have conjured them, by
the ties of our common kindred, to disavow these usurpations,
which would inevitably interrupt our connections and correspon-
dence. They, too, have been deaf to the voice of justice and
consanguinity. We must, therefore, acquiesce in the necessity,
which denounces our separation, and hold them, as we hold the
rest of mankind, enemies in war, in peace, fricnds,
We, therefore the representatives of the UNITED STATES
OF AMERICA, in GENERAL CONGRESS assembled, appeal-
ing to the Supreme Judge of the World fer the rectitude of our
intentions, do, in the name, and by the authority of the good
people of these colonies, solemnly publish and declare, That these
Jnited Colonies are, and of right ought to be, FREE AND
INDEPENDENT STATES; that they are absolved from all
allegiance to the British crown, and that all political connection
between them and the State of Great Britain, is, and ought to be,
totally dissolved; and that as FREE AND INDEPENDENT
STATES, they have full power to levy war, conclude peace, con-
tract alliances, establish commerce, and to do all other acts and
things which INDEPENDENT STATES may of right do.
And, for the support of this declaration, and a firm reliance on
the protection of DIVINE PROVIDENCE, we mutually pledge
to each other, our lives, our fortunes, and our sacred honor.
JOHN HANCOCK.
13
HISTORY OF EDWARDS, LAWRENCE AND WABASH COUNTIES, ILLINOIS.
373
CONSTITUTION OF THE UNITED STATES.
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