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 Constitution 
 
 
 
 ILLINOIS STATE LIBRARY 
 SPRINGFIELD 
 
 PAUL POWELL 
 
 Secretary of State and State Librarian 
 
 
CONSTITUTION 
 
 *4C 
 
 OF THE 
 
 ate of Illinois 
 
 
 Adopted in Convention May 13 , 1870 ; 
 Ratified by the People July 2 , 1870 ; 
 
 In Force August 8, 1870 . 
 
 MENDED IN 1878,1880,1884, 1886 HND 1890 
 
 
 
 With Annotations by Prof. C. W. Tooke, 
 H of the University of Illinois. 
 
 
 PRINTED BY ORDER OF 
 
 James A. Rose, Secretary of State. 
 
 
 W; ~ - 
 
 
 oocuMBffiJwrr 
 
 HUKQIS STAIE UBRAW 
 
 
 SPRINGFIELD: 
 
 Phillips Bros., State Printers. 
 
 _L W t / « ' 
 
CONSTITUTION 
 
 Adopted in Convention May 13, 1870; 
 Ratified by the People July 2,1870; 
 
 In Force August 8, 1870. 
 
 AMENDED IN 1878, 1880,1884, 1886 AND 1890. 
 
 With Annotations by Prof. C. W. looke, 
 of the University of Illinois. 
 
 DOCUMENTS UNIT 
 HIINn iS STATE L IBRARY 
 
 PRINTED BY ORDER OF 
 
 James A. Rose, Secretary of State. 
 
 ILLINOIS STATs URRAl?? 
 
 2 - 
 
 SPRINGFIELD, ILL.: 
 Phillips Bros., State Printers, 
 
i' 
 
 J3^2.773 
 I29c4 
 
 c3 
 
 CONTENTS. 
 
 Historical Sketch. 
 Constitution of 1818. 
 
 Constitution of 1848. 
 
 Convention of 1862. 
 
 Constitution of 1870. 
 
 Preamble. 
 
 Article I. Boundaries of the State. 
 “ II. Bill of Rights. 
 
 Ill- Distribution of Powers. 
 
 IV. Legislative Department. 
 
 V. Executive Department. 
 
 VI. Judicial Department. 
 
 Article VII. Suffrage. 
 
 “ VIII. Education. 
 
 IX. Revenue. 
 
 X. Counties. 
 
 XI. Corporations. 
 
 ‘ ‘ XII. Militia. 
 
 “ XIII. Warehouses. 
 
 “ XIV. Amendments—How Proposed. 
 Illinois Central Railroad. 
 Illinois and Michigan Canal. 
 Schedule. 
 
 Contract Convict Labor. 
 
Digitized by the Internet Archive- 
 in 2018 with funding from 
 University of Illinois Urbana-Champaign 
 
 https://archive.org/details/constitutionofst00illi_1 
 
THE CONSTITUTIONS OF ILLINOIS. 
 
 The territory now included within the State of Illinois was part of 
 the “territory of the United States northwest of the river Ohio,” to 
 which the well-known ordinance of 1787 applied. The State of Vir¬ 
 ginia by the act of the General Assembly of December 20, 1783, and 
 by the deed of cession of March 1, 1784, had previously made over 
 to the United States all her right and title to the soil and jurisdic¬ 
 tion of this section (1). Upon the organization of the L T nited States 
 of America under the constitution, one of the first acts of Congress 
 was to pass a law to provide for the government of the northwest ter¬ 
 ritory (2). On July 4, 1800, the northwest territory was divided, 
 and Indiana territory formed of that part which lay “westward of the 
 line beginning at the Ohio, opposite the mouth of the Kentucky 
 river, and running thence to Fort Recovery, and thence north until 
 it shall intersect the territorial line between the United States and 
 Canada’’ (3). Illinois territory in turn was formed March 1, 1809, 
 by dividing Indiana territory; the new government to include all that 
 part of Indiana territory lying west of the Wabash river and of a 
 direct line north from the Wabash and Post Vincennes to the Cana¬ 
 dian line (4). Michigan territory had already been separated from 
 Indiana territory by the Act of Congress approved January 11, 
 1805 (5). 
 
 These several territorial governments which successively were 
 formed for the western country were very similar, providing for rep¬ 
 resentative government as soon as the population would warrant. In 
 each case it was further provided that all the existing laws should 
 continue in force until they should be supplanted by other laws en¬ 
 acted by the competent authorities. The first legislative body of the 
 new territory of Illinois consisted of the Governor and the three 
 judges appointed by the President. This body met June 16, 1809, 
 and passed a code of laws, reenacting most of the laws already in 
 force. Upon the meeting of the first representative assembly a simi¬ 
 lar omnibus bill was passed, December 13, 1812, reenacting all the 
 laws passed by the Indiana legislature and by the Governor and 
 judges of Illinois territory, which were then in force. 
 
 (1) 11 Henning’s Virginia Statutes-at-Large, 326, 571. 
 
 (2) August 7.1789; 1 U. S. Statutes-at-Large, 50. 
 
 (3) 2 U. S. Statutes-at-Large. 53; Act of May 7. 1800. 
 
 (4) 2 IT. S. Statutes-at-Large, 514; Act of February 3. 1809. 
 
 (5) 2 L T . S. Statutes-at-Large, 309. 
 
6 
 
 THE CONSTITUTION OF 1818. 
 
 At the January session of the territorial legislature in 1818, the 
 congressional delegate, Nathaniel Pope, was directed to present a pe¬ 
 tition to Congress requesting that body to pass a law to enable the 
 people to form a state government. Accordingly Congress, by the 
 Act of April 18, 1818, made provision for the calling of a convention 
 of the representatives of the people of the territory to form for them¬ 
 selves a constitution and state government, fixing the northern 
 boundary of the proposed state at 42 30' north latitude (1). On 
 
 August third of the same year, the delegates, elected in pursuance of 
 the enabling act, met at Kaskaskia. and on August twenty-sixth 
 adopted a constitution for the State (2), which became operative by 
 the admission of Illinois as the twenty-first state of the Union, 
 December 3, 1818. 
 
 The constitution of 1818 was a comparatively brief document, its 
 main provisions being taken from the existing constitutions of Ken¬ 
 tucky, Ohio, New York and Indiana. The three departments of the 
 government were differentiated, but the executive power was made 
 comparatively weak. The legislature was invested with an extensive 
 appointing power, which was an extremely important function, since 
 the only officers to be elected by the people were the governor, lieu¬ 
 tenant governor, sheriff, coroner and county commissioners. Nearly 
 all the other State officers down to 1848 were appointed by the legis¬ 
 lature, either directly, or indirectly through the delegation of its 
 authority to the governor or to the people of the several counties. 
 The executive was also weakened by the fact that in place of the 
 power of veto, the governor and judges of the Supreme Court were 
 constituted a council of revision with authority to pass on the valid¬ 
 ity of legislation. If this board disapproved of any act, they returned 
 it to the legislature for reconsideration, and a majority of all the 
 members elected was then required to pass it over their objection. 
 
 Of local government under the constitution of 1818, the county 
 was the unit, but with the exception of the sheriff, coroner and county 
 commissioners, all officers whose jurisdiction was confined within the 
 count}' were to be appointed in such manner as the General Assembly 
 might propose. The development of the sentiment of local self-gov¬ 
 ernment gradually compelled the Legislature to delegate a part of 
 the appointing power to the people. By an Act of December 12, 
 1826, justices of the peace and constables w T ere made elective, and by 
 an Act of March 4. 1837, the appointment of probate justices of the 
 peace was likewise made dependent upon the suffrages of the people 
 (3). The constitution itself had never been submitted to the people 
 for ratification, and the only evidence of a wide trust in popular gov¬ 
 ernment shown by that instrument was in the suffrage clause, which 
 extended the franchise to all white male inhabitants above the age 
 of twenty-one who had lived in the State six months. All votes were 
 
 (1) 3 U. S. Statutes-at-Large, 428. 
 
 (2) L. 1819. App.. p. 1. 
 
 (3) Laws of 1827, p. 255; Laws of 1837, p. 176. 
 
7 
 
 to be given viva voce , until changed by the General Assembly, and 
 this method was the usual method of voting down to the constitution 
 of 1848, which provided that all voting should be by ballot. 
 
 THE CONSTITUTION OF 1848. 
 
 The constitution of 1818 had provided that the General Assembly 
 by a two-thirds vote might submit from time to time the question of 
 calling a convention to alter or amend the fundamental laws. Pur¬ 
 suant to this provision, the proposition was submitted to the voters 
 in 1824 and again in 1842, but met defeat each time at the hands of 
 the people. The General Assembly of 1844-5 submitted another call 
 to be voted on in 1846, at which time the proposition was carried, 
 and the convention elected April 19, 1847. assembled at Springfield, 
 June 7, 1847. The constitution drafted by this convention was 
 adopted by it August 31, 1847; ratified by a vote of the people March 
 6, 1848, and went into effect on the first day of April of that year (1). 
 
 The new constitution marked a great advance in political organi¬ 
 zation, an advance made necessary by the progress of the State since 
 1818. Since 1818 the drift throughout the whole country had been 
 toward popular government, and the most marked change is to be 
 found in the curtailment of the powers of the Legislature, extending 
 the election of subordinate officers to the people, and vesting in the 
 Governor alone a qualified veto similar to that previously given to 
 the Governor and the judges of the Supreme Court. Further, the 
 powers of the Legislature were limited by requiring general laws for 
 divorces; by forbidding the granting of extra compensation to offi¬ 
 cers or agents of the State, the authorization of any lotteries, the 
 revising or extending of the charter of any state bank; and by restrict¬ 
 ing the indebtedness of the State thereafter to be incurred to fifty 
 thousand dollars. In pursuance of the general desire for retrench¬ 
 ment in the State administration, an attempt was made to limit the 
 session of the Legislature to forty-two days by providing that the 
 members should receive a compensation of two dollars per day for 
 that length of time, after which but one dollar a day was to be allowed 
 for attendance. The General Assembly was further precluded from 
 giving the credit of the State in any manner in aid of any individual, 
 association, or corporation, a provision whioh threw over upon the 
 municipalities of the State the burden of assisting the great works 
 of internal improvement from 1848 to 1870. 
 
 Indeed the constitution of 1848 is remarkable for the extensive 
 powers entrusted to the people, both in the election of officers and 
 in the decision of important matters left to the inhabitants of the 
 localities. The suffrage was limited to white male citizens, and the 
 residence qualification was extended to one year. The county still 
 remained the unit of local government, but the General Assembly 
 was given the power to provide by general law for township organi- 
 
 (1) L. 1849, p. 3; Owens v. McKethe, 10 Ill., 79. 
 
8 
 
 zation which could be adopted by any county upon the vote of a ma¬ 
 jority of the electors thereof at a general election. No county was 
 to be divided, nor territory added thereto, nor the county seat changed 
 except by a vote of a majority of the electors of the county to be 
 affected. The corporate authorities of counties, townships, school 
 districts, cities, towns and villages might be invested with the power 
 to assess and collect taxes for corporate purposes, such taxes to be 
 uniform with respect to persons and property within the jurisdiction 
 of the body imposing the same. 
 
 , On the question of banking corporations, wdiich was of great mo¬ 
 ment at that time in all the northern states, the constitution provided 
 that no state bank should thereafter be created nor the State own or 
 be liable for any stock in any corporation or joint stock association 
 for banking purposes, to be thereafter created. No act of the Gen¬ 
 eral Assembly authorizing a corporation with banking powers was to 
 go into effect, unless approved by the people at the general election 
 next succeeding the passage of the same. 
 
 CONVENTION OF 1862. 
 
 The third constitutional convention of Illinois met January 7,1862, 
 and finally adjourned March 24 of that year. The proposed consti¬ 
 tution was rejected by a vote of the people, June 17, 1862, the popu¬ 
 lar majority against adoption being over 16,000. The convention 
 gave most of its consideration to an investigation of the several 
 branches of the State government, and to a redrafting of the existing 
 articles on banking corporations, judicial organization, and the pow¬ 
 ers of the legislature. While the undue powers assumed by the 
 convention of 1862 have been justly criticised, many of its proposals 
 were subsequently incorporated into the constitution of 1870. In¬ 
 deed, had it not been for the indiscretion of some of the members 
 and the impression circulated of their disloyalty, the constitution 
 would probably have been adopted by the State. As it was, the con¬ 
 vention served to impress upon the people the need of reform in 
 judicial organization and legislative powers, and to ensure a high 
 standard of ability in the membership of the next convention. 
 
 CONSTITUTION OF 1870. 
 
 On the present constitution of the State little comment is neces¬ 
 sary. The grave abuses of the power of special legislation and the 
 extravagance of municipalities in giving aid to enterprises of internal 
 improvement led Illinois to follow the example of sister states where 
 similar conditions had prevailed and seek a remedy in a reform of 
 the fundamental law. All in all, the document well deserves the 
 praise that has been accorded it, and serves yet as one of the best 
 models of a state constitution. The convention wdiich drafted this 
 constitution met in Springfield, December 13, 1869, and completed 
 its labors on May 13, 1870. The constitution was ratified by the 
 vote of the people July 2, 1870, and v’ent into force August 8, 1870. 
 
9 
 
 The brief notes that have been attached to the several sections of 
 the constitution herein have been selected with a view to their help¬ 
 fulness to the general reader. The cases cited by title and page 
 without an explanatory note are those in which the Supreme Court 
 of the State has passed upon the several sections of the constitution 
 subsequent to volume 160 of the reports. It is presumed that all 
 who will have occasion to use this edition for reference will have at 
 hand Starr and Curtis’s “Revised Statutes of Illinois.” the last edition 
 of which brings the annotations down to volume 161 of the reports. 
 Thus by the use of that edition in connection with the citations 
 herein, one may have for reference control of all the cases construing 
 the constitution down to volume 179 of the reports. 
 
10 
 
 CONSTITUTION OF THE STATE OF ILLINOIS 
 
 Adopted in Convention at Springfield. May 13, A. D. 1870. 
 
 Ratified by the People July 2. 1870; in force August 8, 1870; 
 amended in 1878. 1880, 1884. 1886 and 1890. 
 
 PREAMBLE 
 
 We, the People of the State of Illinois—grateful to Almighty God 
 for the civil, political and religious liberty which he hath so long 
 permitted us to enjoy, and looking to him for a blessing upon our v 
 endeavors to secure and transmit the same unimpaired to succeeding 
 generations—in order to form a more perfect government, establish 
 justice, insure domestic tranquility, provide for the common defense, 
 promote the general welfare, and secure the blessing 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 follows, 
 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 mid¬ 
 dle of Lake Michigan: thence north along the middle of said lake to 
 north latitude forty-two degrees and thirty minutes, thence west to 
 the middle of the Mississippi river, and thence down along the mid¬ 
 dle of that river to its confluence with the Ohio river, and thence up 
 
11 
 
 the latter river along its northwestern shore to the place of begin¬ 
 ning: Provided , that this State shall exercise such jurisdiction up¬ 
 on 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. (1) 
 
 ARTICLE. II. 
 
 BILL OP RIGHTS. 
 
 4 1 . Inherent and Inalienable Rights. 
 
 | 2. Due Process of Law. 
 
 I 3. Liberty of Conscience Guaranteed. 
 
 % 4. Freedom of Speech—Libel. 
 
 4 5. Right of Trial by Jury. 
 
 4 6. Unreasonable Searches and Seizures. 
 
 4 7. Bail Allowed—Writ of Habeas Corpus. 
 4 8. Indictment Required—Grand Jury. 
 
 I 9. Rights of Persons Accused of Crime. 
 
 4 10. Self-Crimination—Acquittal. 
 
 4 11. Penalties no Corruption of Blood or 
 Forfeiture of Estate. 
 
 4 12. Imprisonment for Debt. 
 
 4 13. Compensation for Property Taken. 
 
 4 14. Ex Post Facto Laws—Contracts—Irre¬ 
 vocable Grants. 
 
 4 15. Military Subordinate to Civil Power. 
 
 4 16. Quartering of Soldiers. 
 
 4 17. Right of Assembly and Petition. 
 
 4 18. Elections to be Free and Equal. 
 
 4 19. Protection of the Law. 
 
 4 20. Fundamental Principles. 
 
 Section 1. All men are by nature free and independent, and have 
 certain inherent and inalienable rights—among these are life, liberty 
 and the pursuit of happiness. To secure these rights and the pro¬ 
 tection of property, governments are instituted among men, deriving 
 their just powers from the consent of the governed. 
 
 § 2. No person shall be deprived of life, liberty or property with¬ 
 out due process of law. 
 
 [Eden v. The People, 161 Ill. 296; Meadowcroft v. The People, 163 Ill. 56; 
 The People v. Hill, 163 Ill. 186; Bobel v. The People 173 Ill. 19; Brown v. 
 The People, 173 Ill. 34; Cicero Lumber Co. v. Town of Cicero, 176 Ill, 9; The 
 People v. Simon, 176 Ill. 165; The People v. Commissioners of Cook Countv, 
 176 Ill. 576.] 
 
 § 3. 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, privilege or capac¬ 
 ity 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 licentiousness, or justify practices incon¬ 
 sistent with the peace or safety of the State. No person shall be re¬ 
 quired to attend or support any ministry or place of worship against 
 his consent, nor shall any preference be given by law to any religious 
 denomination or mode of worship. 
 
 § 4. 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 published 
 with good motives and for justifiable ends, shall be a sufficient defense. 
 
 § 5. The right of trial by jury, as heretofore enjoyed, shall remain 
 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. 
 
 [Borgv. C. R. I. & P. Ry. Co., 162111. 348; The People v. Hill, 163111.186; 
 Evarts v. Lawthar, 165 Ill. 487; George v. The People, 167 Ill. 447; City of 
 Spring Valley v. Coal Co., 173 Ill. 497.] 
 
 (1.) The true line of boundary between Illinois and Iowa is the middle of the main nav¬ 
 igable channel. Illinois v. Iowa, J47 U. S. 1. 
 
 Illinois cases cited and affirmed in Keokuk Bridge Co. v. The People, 176 Ill. 267. 
 
12 
 
 § 6. The right of the people to be secure in their persons, houses, 
 papers and effects against unreasonable searches and seizures, shall 
 not be violated; and no warrant shall issue without probable cause, 
 supported by affidavit, particularly describing the place to be 
 searched, and the persons or things to be seized. 
 
 [Lippman v. The People, 175 Ill. 101.] 
 
 § 7. All persons shall be bailable by sufficient sureties, except 
 for capital offenses, where the proof is evident or the presumption 
 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. 
 
 § 8. 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 tine, or imprisonment otherwise than in the peni¬ 
 tentiary, 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. 
 
 § 9. 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 thereof; to meet the 
 witnesses face 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. 
 
 [Borg v. C., R. I. & P. Ry. Co., 162 III., 348;'The People v. Hill, 163 Ill., 
 186; Evarts v. Lawtkar, 165 Ill., 487; George v. The People, 167 Ill., 447; 
 City of Spring Valley v. Coal Co., 173 Ill., 497.] 
 
 § 10. No person shall be compelled in any criminal case to give 
 evidence against himself, or be twice put in jeopardy for the same 
 offense. 
 
 § 11. All penalties shall be proportioned to the nature of the 
 offense ; and no conviction shall work corruption of blood or forfeiture 
 of estate; nor shall any person be transported out of the State for 
 any offense committed within the same. 
 
 § 12. No person shall be imprisoned for debt, unless upon refusal 
 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 pre¬ 
 sumption of fraud. 
 
 § 13. 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 prescribed 
 by law. The fee of land taken for railroad tracks, without consent 
 of the owners thereof, shall remain in such owners, subject to the 
 use for which it is taken. 
 
13 
 
 § 14. 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. 
 
 [Sanitary Dist. v. Bernstein, 175 III., 215-, B. & 0. S-W. Ry. Co. v. Tripp, 
 175 Ill., 251.] 
 
 § 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 except in the 
 manner prescribed by law. 
 
 § 17. The people have the right to assemble in a peaceable man¬ 
 ner to consult for the common good, to make known their opinions 
 to their representatives, and to apply for redress of grievances. 
 
 § 18. 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. 
 
 § 20. A frequent recurrence 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 Judicial; 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 hereinafter expressly directed or permitted. 
 
 ARTICLE IV. 
 
 LEGISLATIVE DEPARTMENT. 
 
 £ 1. General Assembly. 
 
 £ 2. Elections—Vacancies. 
 
 £ 3. Who are Eligible. 
 
 £ 4. Disqualification by Crime. 
 
 I 5. Oath of Officers. 
 
 £ 6. Senatorial Apportionment. 
 
 £ 7 and 8. Representatives—(Inoperative.) 
 £ 7 and 8. Minority Representation. 
 
 £ 9. Time of Meeting—General Rules. 
 
 £ 10. Open Sessions — Adjournments—Jour¬ 
 nals—Protests. 
 
 £ 11. Style of Laws. 
 
 £ 12. Origin and Passage of Bills. 
 
 £ 13. Reading — Printing — Title — Amend¬ 
 ments. 
 
 £ 14. Privileges of Members. 
 
 £ 15. Disabilities of Members. 
 
 £ 16. Appropriations. 
 
 £ 17. Payment of Money—Statement of Ex 
 penses. 
 
 £ 18. Ordinary Expenses—Casual Deficits— 
 Appropriations Limited. 
 
 £ 19. Extra Compensation or allowance. 
 
 £ 20. Public Credit not Loaned. 
 
 £ 21. Pay and Mileage of Members. 
 
 £ 22. Special Legislation Prohibited. 
 
 £ 23. Against Release from Liability. 
 
 £ 24. Proceedings on Impeachment. 
 
 £ 25. Fuel, Stationery, and Printing. 
 
 £ 26. State not to be Sued. 
 
 £ 27. Lotteries and Gift, Enterprises. 
 
 £ 28. Terms of Office not Extended. 
 
 £ 29. Protection of Miners. 
 
 $ 30. Concerning Roads—Public and Private. 
 £ 31. Draining and Ditching. 
 
 £ 32. Homestead and Exemption Laws. 
 
 £ 33. Completion of the State House. 
 
14 
 
 § 1. The legislative power shall be vested in a general assembly, 
 which shall consist of a senate and house of representatives, both to 
 be elected by the people. 
 
 [The People v. Kirk, 162 III., 139; The People v. Kipley, 171 Ill., 44; City 
 of Danville v. Danville Water Co., 178 Ill., 299.] 
 
 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 gov¬ 
 ernor, or person exercising the powers of governor, shall issue writs 
 of election to fill such vacancies. 
 
 ELIGIBILITY AND OATH. 
 
 § 3. No person shall be a senator vdio 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 LTnited States 
 and* who shall not have been for five years a resident 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 public revenue, members 
 of either house of congress, or persons holding any lucrative office 
 under the United States or this State, or any foreign government, 
 shall have a seat in the general assembly: Provided, that appoint¬ 
 ments in the militia, and the offices of notary public and justice of 
 the peace, shall not be considered lucrative. Nor shall any person 
 holding any office of honor or profit under any foreign government, 
 or under the government of the United States, (except postmasters 
 whose annual compensation does not exceed the sum of three hun¬ 
 dred dollars) hold any office of honor or profit under the authority 
 of this State. 
 
 § 4. 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 assembly, or 
 to any office of profit or trust in this State. 
 
 § 5. Members of the general assembly, before they enter upon 
 their official duties, shall take and subscribe the following oath or 
 affirmation: 
 
 “I 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 sen¬ 
 ator (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 indirectly influence any vote at the election at which I was chosen to fill th& 
 
15 
 
 said office, and have not accepted, nor will 1 accept or receive, directly or indirectly, any 
 money or other valuable thing: from any corporation, company or person for any vote or 
 influence I may gfive or withhold on any bill, resolution or appropriation, or for ony other 
 official act.” 
 
 This oath shall be administered by a judge of the supreme or cir¬ 
 cuit 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 take the oath 
 herein prescribed shall forfeit his office, and every member wdio 
 shall be convicted of having sworn falsely to, or of violating, his 
 said oath, shall forfeit his office and be disqualified thereafter from 
 holding any office of profit or trust in this State. 
 
 APPORTIONMENT—SENATORIAL. 
 
 § 6. The general assembly shall apportion the State every ten 
 years, beginning with the year one thousand eight hundred and 
 seventy-one, by dividing the population of the State, as ascertained 
 by the federal census, by the number fifty-one, and the quotient 
 shall be the ratio of representation in the senate. The State shall 
 be divided into fiftv-one senatorial districts, each of which shall 
 elect one senator, whose term of office shall be four years. The sen¬ 
 ators elected in the year of our Lord one thousand eight hundred 
 and seventy-two, in districts bearing odd numbers, shall vacate their 
 offices at the end of two years, and those elected in districts bearing 
 even numbers at the end of four years, and vacancies occuring 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 near as 
 practicable an equal number of inhabitants; but no district shall 
 contain less than four-fifths of the senatorial ratio. Counties con¬ 
 taining 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 excess of twice the number of said 
 ratio. 
 
 [The People v. Hitckinson,172 Ill. 486; Lippman v. The People, 175111.101.] 
 
 REPRESENTATIVES. 
 
 § 7. The population of the State, as ascertained by the federal 
 census, shall be divided by the number one hundred and fifty-three, 
 and the quotient shall be the ratio of representation in the house of 
 representatives. Every county or district shall be entitled to one 
 representative, when its population is three-fifths of the ratio; if any 
 county has less than three-fifths of the ratio, it shall be attached to 
 the adjoining county having the least population, to which no other 
 county has, for the same reason, been attached, and the two shall 
 constitute a separate district. Every county or district having a 
 population not less than the ratio and three-fifths, shall be entitled 
 to two representatives, and for each additional number of inhabitants, 
 equal to the ratio, one representative. Counties having over two 
 
16 
 
 hundred thousand inhabitants, may be divided into districts, each en¬ 
 titled to not less than three nor more than five representatives. 
 After the year one thousand eight hundred and eighty, the whole 
 population shall be divided by the number one hundred and fifty- 
 nine, and the quotient shall be the ratio of representation in the 
 house of representatives for the ensuing ten years, and six addition¬ 
 al representatives shall be added for every five hundred thousand in¬ 
 crease of population at each decennial census thereafter, and be 
 apportioned in the same manner as above provided. 
 
 § 8. When a county or district shall have a fraction of popula¬ 
 tion above what shall entitle it to one representative, or more, ac¬ 
 cording to the provisions of the foregoing section, amounting to one- 
 fifth of the ratio, it shall be entitled to one additional representative 
 in the fifth term of each decennial period; when such fraction is 
 two-fifths of the ratio, it shall be entitled to an additional represen¬ 
 tative in the fourth and fifth terms of said period; when the fraction 
 is three fifths of the ratio, it shall be entitled to an additional repre¬ 
 sentative in the first, second and third terms, respectively; when a 
 fraction is four-fifths of the ratio, it shall be entitled to an additional 
 representative in the first, second, third and fourth terms, respect¬ 
 ively. 
 
 Note.—B y the adoption of minority representation. 7 and 8 of this article. above set 
 forth, cease to be a part of the constitution. Under § 12 of the schedule, and the vote of 
 adoption, the following section relating to minority representation is substituted for said 
 sections: 
 
 MINORITY REPRESENTATION. (1) 
 
 §§ 7 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 one thousand eight hundred and seventy-two, 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 can¬ 
 didates highest in votes shall be declared elected, 
 
 TIME OF MEETING AND GENERAL RULES. 
 
 § 9. The sessions of the general assembly shall commence at 
 twelve o’clock noon, on the Wednesday next after the first Monday 
 in January, in the year next ensuing the election of members there¬ 
 of, and at no other time, unless as provided by this constitution. 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 
 
 (1) The provision for minority representation in the election of members of the house 
 of representatives was introduced in the convention of 1870 and championed by the late Jos¬ 
 eph Medill of Chicago. Mr. Medill’s real purpose in advocating this measure, as set forth in 
 a letter to the writer shortly before his death, was to destroy the sectional feeling that then 
 prevailed in the State, a purpose that this method has well attained. 
 
17 
 
 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 representatives to order at the opening 
 of each new assembly, and preside over it until a temporary presid¬ 
 ing 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, and no mem¬ 
 ber shall be twice expelled for the same offense. Each house may 
 punish by imprisonment any person not a member who shall be guilty 
 of disrespect to the house by disorderly or contemptuous behavior in 
 its presence. But no such imprisonment shall extend beyond twenty- 
 four hours at one time, unless the person shall persist in such dis¬ 
 orderly or contemptuous behavior. 
 
 § 10. The door of each house and or 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 published. In the sen¬ 
 ate, 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 members of either 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. 
 
 § 11. The style of the laws of this State shall be: “ Be it enacted 
 by the People of the State of Illinois, represented in the General 
 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 yeas and nays, upon each bill separately, 
 and shall be entered upon the journal; and no bill shall become a Jaw 
 without the concurrence of a majority of the members elected to each 
 house. 
 
 § 13. Every bill shall be read at large on three different days, in 
 each house; and the bill and all amendments thereto shall be printed 
 before the vote is taken on its final passage; and every bill, having 
 passed both houses, shall be signed by the speakers thereof. No act 
 hereafter passed shall embrace more than one subject, and that shall 
 be expressed in the title. But if any subject 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 be so expressed; and no law 
 shall 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 
 
 —b C 
 
18 
 
 tlie first day of July next after its passage, unless, in case of emer¬ 
 gency (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 each house, otherwise direct. 
 
 [The People v. Kirk, 162 Ill., 139; Hudwall y. Ham, 172 Ill., 76; The Peo¬ 
 ple v. Loeffler, 175 Ill.,585; Town of Manchester v. The People, 178 Ill., 285.] 
 
 PRIVILEGES AND DISABILITIES. 
 
 § 14. Senators and representatives shall, in all cases, except trea¬ 
 son, felony or breach of the peace, be privileged from arrest during 
 the session of the general assembly, and in going to and returning 
 from the same; and for any speech or debate in either house, they 
 shall not be questioned in any other place. 
 
 § 15. No person elected to the general assembly shall receive 
 any civil appointment within this State from the governor, the gov¬ 
 ernor and senate, or from the general assembly, during the term for 
 which he shall have been elected; and all such appointments, and all 
 Totes given for any such members for any such office or appointment, 
 shall be void; nor shall any member of the general assembly be in¬ 
 terested, 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 ex¬ 
 piration thereof. 
 
 PUBLIC MONEYS AND APPROPRIATIONS. 
 
 £ 16. The general assembly shall make no appropriation of money 
 out of the treasury in any private law. Bills making appropriations 
 for the pay of members and officers of the general assembly, and for 
 the salaries of the officers of the government shall contain no pro¬ 
 vision on any other subject. 
 
 § 17. No money shall be drawn from the treasury except in pur¬ 
 suance of an appropriation made by law, and on the presentation of 
 a warrant issued by the auditor thereon; and no money shall be di¬ 
 verted from any appropriation made for any purpose, or taken from 
 any fund whatever, either by joint or separate resolution. The audi¬ 
 tor shall, within sixty days after the adjournment of each session of 
 the general assembly, prepare and publish a full statement of all 
 money expended at such session, specifying the amount of each item, 
 and to whom and for what paid. 
 
 § 18. Each general assembly shall provide for all the appropri¬ 
 ations necessary for the ordinary and contingent expenses of the 
 government until the expiration of the first fiscal quarter after the 
 adjournment of the next regular session, the aggregate amount of 
 which shall not be increased without a vote of two-thirds of the 
 members elected to each house, nor exceed the amount of revenue 
 authorized by law to be raised in such time; and all appropriations, 
 general or special, requiring money to be paid out of the State treas¬ 
 ury, from funds belonging to the State, shall end with such fiscal 
 
19 
 
 quarter: Provided , the State may, to meet casual deficits or failures 
 in revenues, contract debts, never to exceed in the aggregate two 
 hundred and fifty thousand dollars; 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, excej:>t 
 for the purpose of repelling invasion, suppressing insurrection, or 
 defending the State in war (for payment of which the faith of the 
 State shall be ifiedged), shall be contracted, unless the law authoriz¬ 
 ing the same shall, at a general election, have been submitted to the 
 people and have received a majority of the votes cast for members of 
 the general assembly at such election. The general assembly shall 
 provide for the publication of said law for three months, at least, be¬ 
 fore the vote of the people shall be taken upon the same; and pro¬ 
 vision shall be made, at the time, for the payment of the interest 
 annually, as it shall accrue, by a tax levied for the purpose, or from 
 other sources of revenue; which law, providing for the payment of 
 such interest by such tax, shall be irrepealable until such debt be 
 paid; And, provided further, that the law levying the tax shall be 
 submitted to the people with the law authorizing the debt to be con¬ 
 tracted. 
 
 § 19. The general assembly shall never grant or authorize extra 
 oompensation, fee or allowance to any public officer, agent, servant 
 or contractor, after service has been rendered or a contract made, nor 
 authorize the payment of any claim, or part thereof, hereafter created 
 against the State under any agreement or contract made without ex¬ 
 press authority of law; and all such unauthorized agreements or con¬ 
 tracts shall be null and void: Provided, the general assembly may 
 make appropriations for expenditures incurred in suppressing insur¬ 
 rection or repelling invasion. 
 
 § 20. The State shall never pay, assume or become responsible 
 for the debts or liabilities of, or in any manner give, loan or extend 
 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 five dollars per day, during the first session 
 held under this constitution, and ten cents for each mile necessarily 
 traveled in going to and returning from the seat of government, to be 
 computed 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, for any purpose whatever, ex¬ 
 cept the sum of fifty dollars per session to each member, which shall 
 be in full for postage, stationery, newspapers and all other incidental 
 expenses and perquisites; but no change shall be made in the com¬ 
 pensation of the general assembly during the term for which they 
 may have been elected. The pay and mileage allowed to each mem¬ 
 ber of the general assembly shall be certified by the speakers of 
 their respective houses, and entered on the journals, and published 
 at the close of each session. 
 
20 
 
 SPECIAL LEGISLATION PROHIBITED. 
 
 § 22. The general assembly shall not pass local or special laws- 
 in any of the following enumerated cases, that is to say: for— 
 
 Granting divorces; 
 
 Changing the names of persons or places; 
 
 Laying out, opening, altering and working roads or highways; 
 
 Vacating roads, town plats, streets, alleys, and public grounds; 
 
 Locating or changing county 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 changes of venue in civil and criminal cases; 
 
 Incorporating cities, towns or villages, or changing or amending 
 the charter of any towm, city or village; 
 
 Providing for the election of members of the board of supervisors 
 in townships, incorporated towns or cities; 
 
 Summoning and impaneling grand or petit juries; 
 
 Providing for the management of common schools; 
 
 Regulating the rate of interest on money; 
 
 The opening and conducting of any election, or designating 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 forfeitures; 
 
 Creating, increasing, or decreasing fees, percentage or allowances 
 of public officers, during the term for which said officers are elected 
 or appointed; 
 
 Changing the law of descent; 
 
 Granting to any corporation, association, or individual, the right 
 to lay down railroad tracks, or amending existing charters for such 
 purposes. 
 
 Granting to any corporation, association or individual any special 
 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. 
 
 [Eden v. The People, 1G1 Ill., 296; The People v. Board of Trustees, 170 
 Ill., 468; The People v. Kipley, 171 III., 44; Lippman v. The People, 175 Ill., 
 101; The People v. Commissioners of Cook County, 176 Ill., 576; The People 
 v. Onahan, 170 Ill., 449; The People v. Martin, 178 Ill., 611; The People v. 
 Lewis, 178 111., 629.] 
 
21 
 
 § 23. The general assembly shall have no power to release or 
 extinguish, in whole or in part, the indebtedness, liability or obliga¬ 
 tion 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 con¬ 
 cur 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 disqualification to hold any 
 office of honor, profit or trust under the government of this State. 
 The party, whether convicted or acquitted, shall, nevertheless, be lia¬ 
 ble to prosecution, trial, judgment and punishment according to law. 
 
 MISCELLANEOUS. 
 
 § 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 assem¬ 
 bly 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 govenor, and if he disaproves the same, there shall be a re-let¬ 
 ting of the contract, in such manner as shall be prescribed by law. 
 
 § 26. The State of Illinois shall never be made defendant in any 
 court of law or equity. 
 
 § 27. The general assembly shall have no power to authorize 
 lotteries or gift enterprises, for any purpose, andjshall pass laws to 
 prohibit the sale of lottery or gift enterprise tickets in this State. 
 
 § 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 assembly 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 enforcement of 
 said laws by such penalties and punishment as may be deemed proper. 
 
 § 30. The general assembly may provide for establishing and 
 opening roads and cartways, connected with a public road, for pri¬ 
 vate and public use. 
 
22 
 
 § 31. (1) The general assembly may pass laws permitting the 
 
 owners of land to construct drains, ditches and levees for agricul¬ 
 tural, sanitary or mining purposes, across the lands of others, and 
 provide for the organization of drainage districts, and vest the cor¬ 
 porate authorities thereof with power to construct and maintain 
 levees, drains and ditches, and to keep in repair all drains, ditches 
 and levees heretofore constructed under the laws of this State, by 
 special assessments upon the property benefited thereby. 
 
 § 32. The general assembly shall pass liberal homestead and ex¬ 
 emption laws. 
 
 § 33. 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 three and a half millions of dollars, in¬ 
 clusive of all appropriations heretofore made, without first submit¬ 
 ting the proposition for an additional expenditure to the legal voters 
 of the State at a general election; nor unless a majority of all the 
 votes cast at such election shall be for the proposed additional ex¬ 
 penditure. 
 
 ARTICLE V. 
 
 EXECUTIVE 
 
 g 1. Officers—Terms, 
 g 2. State Treasurer, 
 g 3. Time of Electing State Officers, 
 g 4. Returns—Tie—Contested Election, 
 g 5. Eligibilty for Office, 
 g 6. Governor—Powers and Duty, 
 g 7. His Message and Statement, 
 g 8. Convening the General Assembly, 
 g 9. Proroguing the General Assembly, 
 g 10. Nominations by the Governor, 
 g 11. Vacancies may be filled, 
 g 12. Removals by the Governor. 
 
 § 13. Reprieves—Commutations—Pardons. 
 
 DEPARTMENT. 
 
 § 14. Governor as Commander-in-Chief. 
 § 15. Impeachment of Officers, 
 g 16. Veto Power, 
 g 17. Lieutenant Governor, 
 g 18. President of the Senate, 
 g 19. Vacancy in Governor’s Office, 
 g 20. Vacancy in other State Offices, 
 g 21. Reports of State Officers, 
 g 22. Great Seal of Illinois, 
 g 23. Fees and Salaries, 
 g 24. Definition of “Office.” 
 g 25. Oath of Civil Officers. 
 
 § 1. The executive department shall consist of a governor, lieu¬ 
 tenant governor, secretary of state, auditor of public accounts, 
 treasurer, superintendent of public instruction and attorney gen¬ 
 eral, who shall each, with the exception of the treasurer, hold his 
 office for the term of four years from the second Monday of January 
 next after his election and until his successor is elected and quali¬ 
 fied. 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 terra for which 
 
 (1) As modified by the first amendment to the Constitution of 1870. The joint resolu¬ 
 tion was adopted by the Senate March 15. 1877, and the House March 20,1877. It was adopted 
 bv the vote of the People November 5, 1878, and proclaimed ratified November 29,1878. 
 
 This section as originally adopted in the Constitution of 1870 read as follows: 
 
 “Section 31. The general assembly may pass laws permitting the owners or occupants 
 of land to construct drains and ditches for agricultural and sanitary purposes across the 
 land of others.” 
 
23 
 
 he was elected. He may be required by the govenor to give reason¬ 
 able additional security, and in default of so doing his office shall be 
 deemed vacant. 
 
 ELECTION. 
 
 § 3. 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 of November, in the 
 year of our Lord one thousand eight hundred and seventy-two, and 
 every four years thereafter; for superintendent of public instruc¬ 
 tion, on the Tuesday next after the first Monday of November in the 
 year one thousand eight hundred and seventy, and every four years 
 thereafter; and for treasurer on the day last above mentioned, and 
 every two years thereafter, at such places and in such manner as 
 may be prescribed by law. 
 
 § 4. 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 represen¬ 
 tatives,” who shall, immediately after the organization of the house,, 
 and before proceeding to other business, open and publish the same 
 in the presence of a majority of each house of the general assembly, 
 who shall, for that purpose, assemble in the hall of the house of rep¬ 
 resentatives. The person having the highest number of votes for 
 either of said offices shall be declared 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. Con¬ 
 tested 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. 
 
 § 5. No person shall be eligible to the office of governor or lieu¬ 
 tenant governor who shall not have attained the age of thirty years, 
 and been, for five years next preceding his election, a citizen of the 
 United States and of this State. Neither the governor, lieutenant 
 governor, auditor of public accounts, secretary of state, superintend¬ 
 ent of public instruction, nor attorney general shall be eligible to any 
 other office during the period for which he shall have been elected. 
 
 GOVERNOR. 
 
 § 6. The supreme executive power shall be vested in the governor, 
 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. He shall ac¬ 
 count to the general assembly, and accompany his message with a 
 
I 
 
 24 
 
 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 purposes. 
 
 § 8. The governor may, on extraordinary occasions, convene the 
 general assembly, by proclamation, stating therein the purpose 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 re¬ 
 spect to the time of adjournment, the governor may, on the same 
 being certified to him by the house first moving the adjournment, 
 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 con¬ 
 curring by yeas and nays), appoint all officers whose offices are es¬ 
 tablished 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 general 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 temporary ap¬ 
 pointment until the next meeting of the senate, when he shall nomi¬ 
 nate 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 oy yeas and nays), shall hold his office during the re¬ 
 mainder of the term, and until his successor shall be appointed and 
 qualified. No person, after being rejected by the senate, shall be 
 again nominated for the same office at the same session, unless at the 
 request of the senate, or be appointed to the same office during the 
 recess of the general assembly. 
 
 § 12. The governor shall have power to remove any officer whom 
 he may appoint, in case of incompetency, neglect of duty or malfeas¬ 
 ance 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, commu¬ 
 tations and pardons, after conviction, for all offenses, subject to such 
 regulations as may be provided by law relative to the manner of ap¬ 
 plying therefor. 
 
 § 14. The governor shall be commander-in-chief of the military 
 and naval forces of the State (except when they shall be called into 
 the service of the United States), and may call out the same to exe¬ 
 cute the laws, suppress insurrection and repel invasion. 
 
 § 15. The governor and all civil officers of the State shall be 
 liable to impeachment for any misdemeanor in office. 
 
25 
 
 VETO (1) . 
 
 § ]6. 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 bill. If then 
 two thirds of the members elected agree to pass the same, it shall be 
 sent, together with the objections, to the other house, by which it 
 shall likewise be reconsidered; and if approved by two-thirds of the 
 members elected to that house, it shall become a law, notwithstand¬ 
 ing the objections of the governor; but in all such cases the vote of 
 each house shall be determined by yeas and nays, to be entered upon 
 the journal. *Bills making appropriations of money out of the treas¬ 
 ury shall specify the objects and purposes for which the same are 
 made, and appropriate to them respectively their several amounts in 
 distinct items and sections. And if the governor shall not ap¬ 
 prove any one or more of the items or sections contained in 
 any bill, but shall approve the residue thereof, it shall become a 
 law 7 , as to the residue, in like manner as if he had signed it. 
 The governor shall then return the bill, with his objections to 
 the items or sections of the same not approved by him, to the house 
 in which the bill shall have originated, which house shall enter the 
 objections at large upon its journal, and proceed to reconsider so 
 much of said bill as is not approved by the governor. The same 
 proceedings shall be had in both houses in reconsidering the same 
 as is hereinbefore provided in case of an entire bill returned by the 
 governor with his objections; and if any item or section of said bill 
 not approved by the governor shall be passed by two-thirds of the 
 members elected to each of the two houses of the general assembly, 
 it shall become part of said law, notwithstanding the objections of 
 the governor. *Any bill which shall not be returned by the gov¬ 
 ernor within ten days (Sundays excepted) after it shall have been 
 presented 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 return, in which case it shall be filed with his objec¬ 
 tions in the office of the secretary of state, within ten days after 
 such adjournment, or become a law\ 
 
 [The People v. Rose, 167 Ill. 147.] 
 
 LIEUTENANT GOVERNOR. 
 
 § 17. In case of the death, conviction on impeachment, failure 
 to qualify, resignation, absence from the State, or other disability of 
 the governor, the powers, duties and emoluments of the office for 
 the residue of the term, or until the disability shall be removed, shall 
 devolve upon the lieutenant governor. 
 
 (I) As modified by the third amendment to the constitution of 1870. The amendment was 
 proposed by the joint resolution of the Thirty-third General Assembly (L. 1883, p. 186), rati¬ 
 fied by the vote of the people November 4, 1884, and proclaimed adopted November 28, 1884. 
 
 The amendment is practically the original section with the addition of the paragraphs 
 
 between the (*-*) and the substitution of the italicized word upon for the original word 
 
 “on.” 
 
26 
 
 § 18. The lieutenant 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 ab¬ 
 sence or impreachment of the lieutenant governor, or when he 
 shall hold the office of governor. 
 
 § 19. If there be no lieutenant governor, or if the lieutenant 
 governor shall, for any of the causes specified in section seventeen 
 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 incap¬ 
 able of performing the duties of governor, the same shall devolve 
 upon the speaker of the house of representatives. 
 
 OTHER STATE OFFICERS. 
 
 § 20. If the office of auditor 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 to fill the same by appointment, and the 
 appointee shall hold his office until his sucessor shall be elected and 
 qualified in such 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 dis¬ 
 bursed by them, severally, from all sources, and for every service 
 performed, and a semi-annual report thereof be made to the gov¬ 
 ernor, under oath; and any officer -who makes a false report shall be 
 guilty of perjury, and punished accordingly. 
 
 § 21. The officers of the executive department, and of all the pub¬ 
 lic institutions of the State, shall, at least ten days preceding each 
 regular session of the general assembly, severally report to the gov¬ 
 ernor, who shall transmit such reports to the general assembly, to¬ 
 gether with the reports of the judges of the supreme court of defects 
 in the constitution and laws; and the governor may at any time 
 require information, in writing, under oath, from the officers of the 
 executive department, and all officers and managers of State institu¬ 
 tions, upon any subject relating to the condition, management and 
 expenses of their respective offices. 
 
 THE 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 the 
 secretary of state, and used by him, officially, as directed by law. 
 
 FEES AND SALARIES. 
 
 § 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 diminish during their official terms, and they shall not, 
 after the expiration of the terms of those in office at the adoption of 
 
27 
 
 this constitution, receive to their own use any fees, costs, perquisites 
 of office, or other compensation. And all fees that may hereafter he 
 payable by law for any services 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 pur¬ 
 pose is accomplished. 
 
 [The People vs. Loeffler, 175 111. 585.] 
 
 § 25. All civil officers, except members of the general assembly 
 and such inferior officers as may be by law exempted, shall, before 
 they enter on the duties of their respective offices, take and subscribe 
 the following oath or affirmation: 
 
 ‘‘I do 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 l 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. 
 
 § :. Courts Established. 
 
 \ 2. Supreme Court—Jurisdiction. 
 
 \ 3. Qualifications of a Supreme Judge. 
 
 I 4. Terms of the Supreme Court, 
 g 5. Grand Divisions—Districts, 
 g 6. Election of Supreme Judges, 
 g 7. Salaries of the Supreme Judges, 
 g 8. Appeals and Writs of Error, 
 g 9. Reporter. 
 
 g 10. Clerks of the Supreme Court, 
 g 11. Appellate Courts Authorized, 
 g 12. Circuit Courts—Jurisdiction, 
 g 13. Judicial Circuits, 
 g 14. Time of holding Circuit Courts, 
 g 15. Judges—Increase, 
 g 16, Salaries of the Circuit Judges, 
 g 17. Qualifications of Judges and County 
 Commissioners. 
 
 g 18. County Judges—County Clerks, 
 g 19. Appeals from County Courts, 
 g 20. Probate Courts Authorized, 
 g 21. Justices of the Peace and Constables 
 g 22. State’s Attorney in each County, 
 g 23. Cook County Courts of Record, 
 g 24. Chief Justice--Power of Judges, 
 g 25. Salaries of the Judges, 
 g 26. Criminal Court of Cook County, 
 g 27. Clerks of Cook County Court, 
 g 28. Justices in Chicago, 
 g 29. Uniformity in the Courts, 
 g 30. Removal of any Judge, 
 g 31. Judges to Make Written Reports, 
 g 32. Terms of Office—Filling Vacancies, 
 g 33. Process—Prosecutions—Population. 
 
 § 1. 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 incorporated towns. 
 
 [The People v. Chase, 165 Ill., 527.] 
 
28 
 
 SUPREME COURT. 
 
 § 2. The supreme court shall consist of seven judges, and shall 
 'have original jurisdiction in cases relating to the revenue, in manda¬ 
 mus and habeas corpus, and appellate jurisdiction in all other cases. 
 One of said judges shall be chief justice; four shall constitute a 
 quorum, and the concurrence of four shall be necessary to every 
 decision. 
 
 [Canby v. Hartzell, 167 111., 628.] 
 
 § 3. No person shall be eligible to the office of judge of the su¬ 
 preme court unless he shall be at least thirty years of age, and a citi¬ 
 zen of the United States, nor unless he shall have resided in this 
 State five years next preceding his election, and be a resident of the 
 district in which he shall be elected. 
 
 § 4. 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 law, 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 
 rooms therefor, and the use of a suitable library, without expense to 
 the State. The judicial divisions may be altered, increased or dimin¬ 
 ished in number, and the times and places of holding said court may 
 be changed by law. 
 
 § 5. The present grand divisions shall be preserved, and be de¬ 
 nominated Southern, Central and Northern, until otherwise provided 
 by law. The State shall be divided into seven districts for the elec¬ 
 tion of judges, and, until otherwise provided by lanr, they shall be as 
 follows: 
 
 First District .—The counties of St. Clair, Clinton, Washington, 
 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, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Cal¬ 
 houn and Christian. 
 
 Third District .—The counties of Sangamon, Macon, Logan, De 
 Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, 
 Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. 
 
 Fourth District .—The counties of Fulton, McDonough, Hancock, 
 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, La Salle, Grundy 
 and Woodford. 
 
 Sixth District .—The counties of Whiteside, Carroll, Jo Daviess, 
 Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, De Kalb, 
 Lee, Ogle and Rock Island. 
 
29 
 
 Seventh District .—The counties of Lake, Cook, Will, Kankakee 
 and DuPage. 
 
 The boundaries of the districts may be changed at the session of 
 the general assembly next preceding the election for judges therein, 
 and at no 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 shall be composed 
 of contiguous counties, in as nearly compact form as circumstances 
 w T ill permit. The alteration of the districts shall not affect the ten¬ 
 ure of office of any judge. 
 
 § 6. 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 one thousand eight hun¬ 
 dred and seventy. 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 judges 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 chief justice. 
 
 § 7. From and after the adoption of this constitution, the judges 
 of the supreme court shall each receive a salary of four thousand 
 dollars per annum, payable quarterly, until otherwise provided by 
 law. And after said salaries shall be fixed by law, the salaries of tho 
 judges in office shall not be increased or diminished during the terms 
 for which said judges shall have been elected. 
 
 § 8. Appeals and writs of error may be taken to the supreme 
 court held in the grand division in which the case is decided, or, by 
 consent of the parties, to any other grand division. 
 
 § 9. The supreme court shall appoint one reporter of its decisions,, 
 who shall hold his office for six years, subject to removal by the 
 court. 
 
 § 10. At the time of the election of representatives in the general 
 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 of his predecessor, and every 
 six years thereafter one clerk of said court for each division shall be 
 elected. 
 
 APPELLATE COURTS. 
 
 § 11. After the year of our Lord one thousand eight hundred and 
 seventy-four, inferior appellate courts, of uniform organization and 
 jurisdiction, may be created in districts formed for that purpose, to 
 
30 
 
 \ 
 
 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 a franchise, or freehold, or the 
 validity of a statute is involved, and in such other cases as may be 
 provided by law. Such appellate courts shall be held by such num¬ 
 ber of judges of the circuit courts, and at such times and places, and 
 in such manner as may be provided by law; but no judge shall sit in 
 review upon cases decided by him; nor shall said judges receive any 
 additional compensation for such 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 hold 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 coun¬ 
 ties having a population of one hundred thousand, shall be divided 
 into judicial circuits, prior to the expiration of the terms of office 
 of the present judges of the circuit courts. Such circuits shall be 
 formed of contiguous counties, in as nearly compact form and as 
 nearly equal as circumstances will permit, having due regard to 
 business, territory and population, and shall not exceed in number 
 one circuit for every one hundred thousand of population of 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 circuits changed by the general assembly, at its session next 
 preceding the election for circuit judges, but at no other time: 
 Provided that the circuits may be equalized or changed at the first 
 session of the general assembly after the adoption of this consti¬ 
 tution. The creation, alteration or change of any circuit shall not 
 affect the tenure of office of any judge. Whenever the business of 
 the circuit court of any one, or of two or more contiguous counties, 
 containing a population exceeding fifty thousand, shall occupy nine 
 months of the year, the general assembly may make of such 
 county, or counties, a separate circuit. Whenever additional circuits 
 are created, the foregoing limitations shall be observed. 
 
 [The People v. Rose, 166 Ill., 422.] 
 
 § 14. The general assembly shall provide for the times of hold¬ 
 ing court 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. The election for judges of the circuit courts shall be held 
 on the first Monday in June, in the year of our Lord one thousand 
 eight hundred and seventy-three, and every six years thereafter. 
 
 § 15. The general assembly may divide the State into judicial 
 circuits of greater population and territory, in lieu of the circuits 
 provided for in section thirteen of this article, and provide for the 
 
31 
 
 election therein, severally, by the electors thereof, by general ticket, 
 of not exceeding four judges, who shall hold the circuit courts in 
 the circuit 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 three thousand dollars 
 per annum, payable quarterly, until otherwise provided by law, and 
 after their salaries shall be fixed by law they shall not be increased 
 or diminished during the terms for which said judges shall be, 
 respectively, 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. 
 
 § IT. No person shall be eligible to the office of judge of the 
 circuit or any inferior court, or to membership in the “board of 
 county commissioners, v unless he shall be at least twenty-five 
 years of age and a citizen of the United States, nor unless he shall 
 have resided 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. 
 
 COUNTY COURTS. 
 
 § 18. There shall be elected in and for each county one county 
 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 jurisdiction in 
 all matters of probate, settlement of estates of deceased persons, 
 appointment of guardiaps and conservators and settlements of their 
 accounts, in all matters relating to apprentices, and in proceedings 
 for the collection of taxes and assessments, and such other jurisdic¬ 
 tion as may be provided for by general law. 
 
 § 19. Appeals and writs of error shall be allowed from final de¬ 
 terminations of county courts, as may be provided by law. 
 
 PROBATE COURTS. 
 
 § 20. The general assembly may provide for the establishment of 
 a probate court in each county having a population of over fifty 
 thousand, 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 settlements of their accounts; in all 
 matters relating to apprentices, and in cases of sales of real estate of 
 deceased persons for the payment of debts. 
 
82 
 
 JUSTICES OF THE PEACE AND CONSTABLES. 
 
 § 21. Justices of the peace, police magistrates and constables shall 
 be elected in and for such districts as are, or may be, provided by 
 law, and the jurisdiction of such justices of the peace and police 
 magistrates shall be uniform. 
 
 state's attorneys. 
 
 § 22. At the election for members of the general assembly in the 
 year of our Lord one thousand eight hundred and seventy-two, and 
 gvery four years thereafter, there shall be elected a State’s attorney 
 ihand for each county, in lieu of the State’s attorneys now provided 
 $'y law, whose terms of office shall be four years. 
 
 COURTS OF COOK COUNTY. 
 
 § 23. The County of Cook shall be one judicial circuit. The cir¬ 
 cuit 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 present 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 and aualified. 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 adding one to either of said courts for 
 every additional fifty thousand inhabitants in said county over and 
 above a population of four hundred thousand. The terms of office of 
 the 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 a 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 is a member. Each of them may hold a different branch 
 thereof at the same time. 
 
 § 25. The judges of the superior and circuit courts, and the 
 State’s attorney, in said county, shall receive the same salaries, paya¬ 
 ble out of the State treasury, as is or may be paid from said 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 dur¬ 
 ing their continuance in office. 
 
 § 26. The recorder’s court of the city of Chicago shall be contin¬ 
 ued, and shall be called the “Criminal Court of Cook County.” It shall 
 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 recognizances and 
 appeals taken in said county, in criminal and quasi criminal cases, 
 

 shall be returnable and taken to said court. It shall have no juris¬ 
 diction in civil cases, except in those on behalf of the people, and in¬ 
 cident to such criminal or quasi criminal 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. 
 
 § 27. The present clerk of the recorder's court of the city of Chi¬ 
 cago shall be the clerk of the criminal court of Cook county during 
 the term for which he was elected. The present clerks of the supe¬ 
 rior 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. 
 
 § 28. All justices of the peace in the city of Chicago shall be ap¬ 
 pointed 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 successors have been commis¬ 
 sioned and qualified, but they may be removed by summary proceed¬ 
 ing 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. 
 
 [The People v. O’Toole, 164 Ill., 344.] 
 
 GENERAL PROVISIONS. 
 
 § 29. All judicial officers shall be commissioned by the governor. 
 All laws relating to courts shall be general and of uniform operation; 
 and the organization, jurisdiction, powers, 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, judgments and decrees of 
 such courts, severally, shall be uniform. 
 
 [The People v. Onahan, 170 Ill., 449.] 
 
 § 30. The general assembly may, for cause entered on the jour¬ 
 nals, upon due notice and opportunity of defense, remove from 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. 
 
 § 31. All judges of courts of record, inferior to the supreme court, 
 shall, on or before the first day of June of each year, report in 
 writing to the judges of the supreme court such defects and omis¬ 
 sions in the laws as their experience may suggest; and the judges of 
 
 —c C 
 
34 
 
 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 ommissionsin the 
 laws. And the judges of the several circuit courts shall report to 
 the next general assembly the number of days they have held court 
 in the several counties composing their respective circuits, the pre¬ 
 ceding two years. 
 
 § 32. All officers provided for in this article shall hold their offices 
 until their successors shall be qualified, and they shall, respectively, 
 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 offices, by the board of supervisors, or board of county com¬ 
 missioners, in the county where the vacancy occurs. 
 
 .§ 33. All process shall run: In the name of the People of the 
 State of Illinois; and all prosecutions shall be carried on: In the 
 name and by the authority of the People of the State of Illinois; 
 and conclude: Against the peace and dignity of the same. “Popu¬ 
 lation,” wherever used in this article, shall be determined by the 
 next preceding census of this State, or of the United States. 
 
 [Montray v. The People, 162 Ill., 194.] 
 
 Article VII. 
 
 SUFFRAGE (1). 
 
 g 1. Qualification of Voters, 
 g 2. All Voting to be by Ballot, 
 g 3. Privileges of Electors, 
 g 4. Voting Residence. 
 
 g 5. Soldier in U. S. Army, 
 g 6. Qualifications for Office, 
 g 7. Persons Convicted of Crime. 
 
 § 1. Every person having resided in this State one year, in the 
 county ninety days and in the election district thirty days next 
 preceding any election therein, who was an elector in this State on 
 the first day of April, in the year of our Lord, one thousand eight 
 hundred and forty-eight, or obtained a certificate of naturalization, 
 before any court of record in this State, prior to the first day of 
 January, in the year of our Lord one thousand eight hundred and 
 seventy, or wffio shall be a male citizen of the United States, above 
 the age of twenty-one years, shall be entitled to vote at such election. 
 
 § 2. All votes shall be by ballot. 
 
 (1) This article is practically the same as the corresponding article in the constitution 
 of 1843 except the first section, which in the earlier constitution restricted the suffrage to 
 white male citizens above the age of twenty-one years, who had resided in the State one 
 year. 
 
35 
 
 § 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 elec- 
 tor shall be required 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 absenceon business of the United States or 
 of this State, or in the military or naval service of the United States. 
 
 § 5. No soldier, seaman or marine in the army or navy of the 
 United States shall be deemed a resident of this State in consequence 
 of being stationed therein. 
 
 § 6. 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 (1). 
 
 | 1. Free Schools. 
 
 $ 2. Gifts or Grants in aid of Schools. 
 
 | 3. Aid to Sectarian Schools Prohibited. 
 
 § 4. Sale of Text Books—Teachers and Offi¬ 
 cers. 
 
 § 5. County Superintendent of Schools. 
 
 § 1. The general assembly shall provide a thorough and efficient 
 system of free schools whereby all children of this State may receive 
 a good common school education. 
 
 § 2. All lands, moneys or other property, donated, granted or re¬ 
 ceived 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, towm, 
 township, school district or other public corporation shall ever make 
 any appropriation or pay from any public fund whatever, anything 
 in aid of any church or sectarian purpose, or to help support or sus¬ 
 tain any school, academy, seminary, college, university or other 
 literary or scientific institution, controlled by any church or sectarian 
 denomination 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. 
 
 (1) Section six of the Enabling: Act of Congress of April 18, 1818 (3 U. S. Statutes at 
 Large. 428), provided that the section numbered sixteen in every township or its equivalent 
 should be granted to the State for the use of the inhabitants of such township, for the use 
 of schools; a proposition that was accepted by the constitutional convention and gave the 
 State the right to such numbered section of every township. It was also provided that 
 three per cent of the net proceeds of all lands lying within the State sold by Congress after 
 January 1, 1819, should be appropriated by tne Legislature of the State for the encourage¬ 
 ment of learning, one-sixth of which was to be exclusively bestowed on a college or univers¬ 
 ity. Unfortunately for the State, the lands disposed of by the United States in satisfaction 
 of military land warrants were held to be excluded from this provision (110 U. S., 471), so 
 that up to 1895 the State had realized from this source for the permanent school fund only 
 about one hundred and fifty thousand dollars. 
 
36 
 
 § 4. No teacher, State, county, township or district school officer 
 shall be interested in the sale, proceeds or profits of any book, ap¬ 
 paratus 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 as may be provided by the general assembly. 
 
 § 5. 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 prescribed by law. 
 
 Article IX. 
 
 REVENUE. 
 
 1 1. Taxation Shall be Uniform. 
 
 § 2. Other and Further Taxation. 
 
 § 3. Property Exempt from Taxation, 
 g 4. Sale of Real Property for Taxes. 
 
 I 5. Right of Redemption, 
 g 6. Release from Taxation Forbidden. 
 § 7. Taxes Paid into State Treasury. 
 
 § 8. Limitation on County Taxes. 
 
 § 9. Local Municipal Improvements. 
 
 § 10. Municipal Taxation. 
 
 § 11. Defaulting Officers. 
 
 § 12. Limitation of Municipal Indebtedness. 
 §13. World’s Columbian Exposition. 
 
 § 1. 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 assembly 
 shall have power to tax peddlers, auctioneers, brokers, hawkers, 
 merchants, commission merchants, showmen, jugglers, inn-keepers, 
 grocery-keepers, liquor-dealers, toll-bridges, ferries, insurance, tele¬ 
 graph and express interests or business, venders of patents and persons 
 or corporations owning or using franchises and privileges, in such 
 manner as it shall from time to time direct by general law, uniform 
 as to the class upon which it operates. 
 
 [Union Cent. Life Ins. Co. v. Durfee, 164 Ill., 186; Banta v. City of Chi¬ 
 cago, 172 Ill., 204.] 
 
 § 2. The specification 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 manner as may be consistent 
 with the principles of taxation fixed in this constitution. 
 
 § 3. The property of the State, counties, and other municipal 
 corporations, both real and personal, and such other property as 
 may be used exclusively for agricultural and horticultural societies, 
 for school, religious, cemetery and charitable purposes, may be ex¬ 
 empted from taxation; but such exemption shall be only by general 
 law. In the assessment of real estate incumbered by public ease¬ 
 ment, any depreciation occasioned by such easement may be de¬ 
 ducted 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 purposes, 
 that a return of such unpaid taxes or assessments shall be made to 
 some general officer of the county having authority to receive State 
 
and county taxes; and there shall be no sale of said property for 
 any of said taxes or assessments but by said officer, upon the order 
 or judgment of some court of record. 
 
 § 5. The right of redemption from all sales of real estate for the 
 non-payment of taxes or special assessments of any character what¬ 
 ever, 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 rea¬ 
 sonable notice to be given to the owners or parties interested, 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 
 exj^ire: Provided, that occux^ants shall in alhcases be served with 
 personal notice before the time of redemption exx3ires. 
 
 § 6. The general assembly shall have no power to release or dis¬ 
 charge any county, city, township, town or district whatever, or the 
 inhabitants thereof, or the x^roperty therein, from their or its prox^or- 
 tionate share of taxes to be levied for State purx^oses, nor shall com¬ 
 mutation for such taxes be authorized in any form whatsoever. 
 
 § 7. All taxes levied for State purxxjses shall be ioaid into the 
 State treasury. 
 
 § 8. County authorities shall never assess taxes the aggreate of 
 which shall exceed seventy-five cents per one hundred dollars valua¬ 
 tion, except for the payment of indebtedness existing at the adoxDtion 
 of this constitution, unless authorized by a vote of the peoxde of the 
 county. 
 
 § 9. The general assembly may vest the corporate authorities of 
 cities, towns and villages with x^ower to make local improvements by 
 special assessment or by special taxation of contiguous prox^erty, or 
 otherwise. For all other corporate purposes, all municix^al corpora¬ 
 tions may be vested with authority to assess and collect taxes; but 
 such taxes shall be uniform in respect to x^ersons and property within 
 the jurisdiction of the body imposing the same. 
 
 [Shepherd v. City of Sullivan, 166 Ill., 78; West Chicago Park Commis¬ 
 sioners v. Sweet, 167 Ill., 320; I. C. R. R. Co. v. The People, 170 Ill., 224; 
 West Chicago Park Commissioners v. Farber, 171 Ill., 146; Hoover v. The 
 People, 171 Ill., 182; The People v. Knoph, 171 Ill., 191; Babb v. The Peo¬ 
 ple, 172 Ill., 376; City of Chicago v. Cement Co., 178 Ill., 372.] 
 
 § 10. The general assembly shall not imxnose taxes uxdoii munici¬ 
 pal corporations, or the inhabitants or property thereof, for corxoorate 
 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 uniform in 
 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 corporate debts of a municipal cor¬ 
 poration. 
 
 [City of Chicago v. Cement Co., 178 Ill., 372.] 
 
 § 11. No person who is in default, as collector or custodian of 
 money or property belonging to a municipal corporation, shall be 
 
88 
 
 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 diminished during 
 such term. 
 
 § 12. No county, city, township, school district, or other municipal 
 corporation shall be allowed to become indebted in any manner or 
 for any purpose to an amount, including existing indebtedness 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 incurring of such indebtedness. 
 Any county, city, school district, or other municipal corporation in¬ 
 curring any indebtedness as aforesaid, shall before, or at the time of 
 doing so, provide for the collection of a direct annual tax sufficient 
 to pay the interest on such debt as it falls due, and also to pay and 
 discharge the principal thereof within twenty years from the time of 
 contracting the same. This section shall not be construed to pre¬ 
 vent any county, city, township, school district, or other municipal 
 corporation, 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. 
 
 [City of Chicago v. McDonald, 176 Ill., 404; Town of Kankakee, v. McGrew, 
 178 Ill., 74; City of Chicago v. Cement Co., 178 Ill., 372.] 
 
 § 18. The corporate authorities of the city of Chicago, are hereby 
 authorized to issue interest-bearing bonds of said city to an amount 
 not exceeding five million dollars, at a rate of interest not to exceed 
 five per centum per annum, the principal payable within thirty years 
 from the date of their issue, and the proceeds thereof shall be paid 
 to the treasurer of the World’s Columbian Exposition, and used and 
 disbursed by him under the direction and control of the directors, in 
 aid of the World's Columbian Exposition, to be held in the city of 
 Chicago, in pursuance of an act of Congress of the United States. 
 
 Provided, That if at the election for the adoption of this amend¬ 
 ment to the constitution, a majority of the votes cast within the 
 limits of the city of Chicago, shall be against its adoption, then no 
 bonds shall be issued under this amendment. 
 
 And said corporate authorities shall be repaid as large a propor¬ 
 tionate amount of the aid given by them as is repaid to the stock¬ 
 holders on the sums subscribed and paid by them, and the money so 
 received shall be used in the redemption of the bonds issued as afore¬ 
 said, provided that said authorities may take in whole or in part of 
 the sum coming to them any permanent improvements placed on 
 land held or controlled by them. 
 
 And, provided further, 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 by the said city of Chicago 
 alone.* 
 
 *This added section was proposed by the General Assembly at the special session. 1890, 
 ratified by a vote of the people November 4th, 1890. and at such election a majority of the 
 votes cast within the limits of the city of Chicago were cast in favor of its adoption, and it 
 was proclaimed adopted by the Governor. 
 
39 
 
 ARTICLE X. 
 
 COUNTIES. 
 
 3 1. New Counties. 
 
 I 2. Division of any County. 
 
 \ 3. Attaching or Detaching Territory. 
 \ 4. Removal of County Seats. 
 
 I 5. County Government. 
 
 I 6. Board of County Commissioners. 
 
 I 7. County Affairs in Cook County. 
 
 I 8. County Officers—Terms of Office. 
 
 I 9. Salaries and Fees in Cook County. 
 \ 10. Salaries Fixed by County Board. 
 
 ? 11. Township Officers’ Fees. 
 
 \ 12. Officers’ Fees. 
 
 $ 13. Sworn Reports of Fees. 
 
 Section 1. No new county shall be formed or established by the 
 general assembly which will reduce the county or counties, or either 
 of them, from which it shall be taken to less contents than four hun¬ 
 dred 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 there¬ 
 from, without submitting the question to a vote of the people 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 petition 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, the in¬ 
 debtedness 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 ques¬ 
 tion who has not resided in the county six months, and in the elec¬ 
 tion precinct ninety days next preceding such election. The ques¬ 
 tion of the 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 a county seat to a point nearer to the center of 
 a county, then a majority vote only shall be necessary. 
 
 COUNTY GOVERNMENT. 
 
 § 5. The general assembly shall provide, by general law, for 
 township organization, under which any county may organize when¬ 
 ever a majority of the legal voters of such county, voting at any gen¬ 
 eral election, shall so determine; and whenever any county shall 
 adopt township organizaton, so much of this constitution as pro¬ 
 vides 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 manner as the 
 
40 
 
 general assembly may provide. And in 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 
 general 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 cease 
 in said county; and all laws in force in relation to counties not hav¬ 
 ing township organization, shall immediately take effect and be in 
 force in such county. No two townships shall have the same name, 
 and the day of holding the annual township meeting shall be uniform 
 throughout the State. 
 
 [The People v. Commissioners of Cook Counts 1 * * * * * 7 , 176 Ill. 576; The People v. 
 Martin, 178 111. 611; The People v. Lewis, 178 Ill. 629.] 
 
 § 6. At the first election of county judges under this constitution, 
 there shall be elected in each of the counties in this State, not under 
 township organization, three officers, who shall be styled, “The board 
 of county commissioners,” who shall hold sessions for the transaction 
 of county business as shall be provided by law. One of said com¬ 
 missioners shall hold his office for one year, one for two years, and 
 one for three years, to be determined by lot; and every year there¬ 
 after 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 by law 
 
 [The People v. Commissioners of Cook County, 176 Ill. 576.] 
 
 COUNTY OFFICERS AND THEIR COMPENSATION. (1) 
 
 § 8. In each county there shall be 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 counties 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, respect¬ 
 ively, on the first Monday of December after his election, and they 
 
 (1) As modified by the second amendment to the Constitution of 1870. The joint resolu 
 tion was adopted by the Senate March 4. 1879, and by the House May 22. 1879. It was adopted 
 
 by the vote of the people November 2, 1880, and proclaimed ratified November 22, 1880. 
 
 The section as originally adopted in the Constitution of 1870read as follows: 
 
 “Section 8. In each county there shall be elected the following county officers: County 
 judge, sheriff, county clerk, clerk of the circuit court (who may be ex officio recorder of 
 deeds, except in counties having sixty thousand 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, except the treasurer, sheriff and coroner, 
 
 who shall hold their offices for two years, and until their successors shall be elected and 
 
 qualified.” 
 
41 
 
 shall hold their respective offices for the term of four years, and un¬ 
 til their successors are elected and qualified: Provided, that no 
 person 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. 
 
 {The People v. Knoph, 171 Ill. 191; Babb v. The People, 172 Ill. 376,] 
 
 § 9. The clerks of all courts of record, the treasurer, sheriff, cor¬ 
 oner 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, respect¬ 
 ively, only out of the fees of the office actually collected. All fees, 
 perquisites and emoluments (above the amount of said salaries) 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 de¬ 
 termined by the county board. 
 
 [County of Cook v. Hartney, 169 Ill. 566.] 
 
 § 10. The county board, except as provided in section nine of 
 this article, shall fix the compensation of all county officers, with the 
 amount of their necessary clerk hire, stationery, fuel and other ex¬ 
 penses, and in all cases where fees are provided for, said compensa¬ 
 tion shall be paid only out of, and shall in no instance exceed, the 
 fees actually collected; they shall not allow either of them more per 
 annum than fifteen hundred dollars, in counties not exceeding twenty 
 thousand inhabitants; two thousand dollars, in counties containing 
 twenty thousand and not exceeding thirty thousand inhabitants; 
 twenty-five hundred dollars, in counties containing thirty thousand 
 and not exceeding fifty thousand inhabitants; three thousand dollars, 
 in counties containing fifty thousand and not exceeding seventy 
 thousand inhabitants; thirty-five hundred dollars, in counties con¬ 
 taining seventy thousand and not exceeding one hundred thousand 
 inhabitants; and four thousand dollars, in counties containing over 
 one hundred thousand, and not exceeding two hundred and fifty 
 thousand inhabitants; and not more than one thousand dollars addi¬ 
 tional compensation for each additional one hundred thousand in¬ 
 habitants: Provided, that the compensation of no officer shall be 
 increased or diminished during his term of office. All fees or allow¬ 
 ances by them received, in excess of their said compensation, shall 
 be paid into the county treasury. 
 
 [Brissenden v. County of Clay, 161 Ill., 216; County of Cook v. Hartney, 
 169 111., 566.] 
 
 § 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. The compensation herein provided for shall 
 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 general law. 
 
42 
 
 § 12. All laws fixing the fees of State, county and township offi¬ 
 cers, 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 law, uniform in its operation, provide for and regulate the 
 fees of said officers and their successors, so as to reduce the same to 
 a reasonable compensation for services actually rendered. But the 
 general assembly may, by general law-, classify the counties by pop¬ 
 ulation into not more than three classes, and regulate the fees ac¬ 
 cording to class. This article shall not be construed as depriving 
 the general assembly of the power to reduce the fees of existing 
 officers. 
 
 § 13. 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 re¬ 
 quired by law to make a semi-annual report, under oath, to some 
 officer to be designated by law, of all his fees and emoluments. 
 
 ARTICLE XI. 
 
 CORPORATIONS. 
 
 § 
 
 g 1 . Organization of Corporations, 
 g 2. Existing Charters, 
 g 3. Election of Directors or Managers, 
 g 4. Construction of Street Railroads, 
 g 5. State Bank Forbidden—General Law. 
 g 6. Liability of Bank Stockholder, 
 g 7. Suspension of Specie Payment, 
 a 8. Of a General Banking Law. 
 
 9. Railroad—Transfer Offices, Reports. 
 
 3 10. Personal Property of Railroads. 
 
 § 11. Consolidations. 
 
 3 12. Railroads Deemed Highways—Rates 
 Fixed. 
 
 3 13. Stock. Bonds and Dividends. 
 
 3 14. Power Over Existing Companies. 
 
 3 15. Freight and Passenger Tariffs Regu¬ 
 lated. 
 
 § 1. No corporation shall be created by special laws, or its char¬ 
 ter extended, changed or amended, except those for charitable, edu¬ 
 cational, penal or reformatory purposes, which are to be and remain 
 under the patronage and control of the State, but the general assembly 
 shall provide, by general laws, for the organization of all corporations 
 hereafter to be created. 
 
 § 2. All existing charters or grants of special or exclusive privi¬ 
 leges, 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 effect, shall thereafter have no validity or effect 
 whatever. 
 
 § 3. The general assembly shall provide, by law, that in all elec¬ 
 tions for directors or managers of incorporated companies, every 
 stockholder shall have the right to vote, in person or by 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 direc¬ 
 tors 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 such directors or managers shall not be 
 elected in any other manner. 
 
43 
 
 § 4. No law 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 highway proposed to 
 be occupied by such street railroad. 
 
 BANKS. 
 
 § 5. No State bank shall hereafter be created, nor shall the State 
 own or be liable for any stock in any corporation or joint stock com¬ 
 pany or association for banking purposes now created, or to be here¬ 
 after created. No act of the general assembly authorizing 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 to a 
 vote of the people at the general election next succeeding the passage 
 of the same, and be approved by a majority of all the votes cast at 
 such election for or against such law. 
 
 § 6. 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 ac¬ 
 cruing while he or she remains such stockholder. 
 
 § 7. The suspension of specie payments by banking institutions, 
 on 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 quarterly statement of its affairs 
 (which shall be certified to, under oath, by one or more of its officers) 
 as may be provided by law. 
 
 § 8. If a general banking law shall be enacted, it shall provide 
 for the registry 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 depreciation 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 deposit¬ 
 ing additional stocks. And said law shall also provide for the re¬ 
 cording of the names of all stockholders in such corporations, the 
 amount of stock held by each, the time of any transfer thereof, and 
 to whom such transfer is made. 
 
 RAILROADS. 
 
 § 9. Every railroad corporation organized or doing business in this 
 State, under the laws or authority thereof, shall have and maintain 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 recorded the amount 
 of capital stock subscribed, and by whom; the names of the owners 
 
44 
 
 of its stock, and the amounts owned by them respectively; the amount 
 of stock paid in, and by whom; the transfers of said stock; the 
 amount of its assets and liabilities, and the names and place of resi¬ 
 dence 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 designated 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 assembly shall pass 
 laws enforcing by suitable penalties the provisions of this section. 
 
 § 10. The rolling stock, and all other movable property belonging 
 to any railroad company or corporation in this State, shall be con¬ 
 sidered personal property, and shall be liable to execution and sale 
 in the same manner as the personal property of individuals, and the 
 general assembly shall pass no law exempting any such property 
 from execution and sale. 
 
 § 11. No railroad corporation shall consolidate its stock, property 
 or franchises with any other railroad corporation owning a parallel 
 or competing line; and in no case shall any consolidation take place 
 except upon public notice given, of at least sixty days, to all stock¬ 
 holders, in such manner as may be provided by law. A majority of 
 the directors of any railroad corporation, now incorporated or here¬ 
 after to be incorporated by the laws of this State, shall be citizens 
 and residents of this State. 
 
 § 12. Railways hertofore constructed or that may hereafter be 
 constructed in this State, are hereby declared public highways, 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 assembty shall, from time to time, pass 
 laws establishing reasonable maximum rates of charges for the trans¬ 
 portation of passengers and freight on the different railroads in this 
 State. 
 
 § 13. No railroad corporation shall issue any stock or bonds, ex¬ 
 cept for money, labor, or property actually received and applied to 
 the purposes for which such corporation was created; and all stock 
 dividends, and other fictitious increase of capital stock or indebted¬ 
 ness 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 domain 
 shall never be so construed or abridged as to prevent the taking, by 
 the general assembly, of the property and franchises of incorporated 
 companies already organized, and subjecting them to the public ne¬ 
 cessity 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 the said right of eminent domain, any incorporated 
 company shall be interested either for or against the exercise of said 
 right. 
 
45 
 
 § 15. The general assembly shall pass laws to correct abuses and 
 prevent unjust discrimination and extortion in the rates of freight 
 and passenger tariffs on the different railroads in this State, and en¬ 
 force such laws by adequate penalties, to the extent, if necessary for 
 that purpose, of forfeiture of their property and franchises. 
 
 ARTICLE XII. 
 
 MILITIA. 
 
 g 1. Persons Liable to'Duty. 
 g 2. Organization—Equipment—Discipline, 
 g 3. Officers. 
 
 4. Privileged from Arrest. 
 
 5. Records, etc.. Preservation. 
 
 6. Exemption from Duty. 
 
 § 1. 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 hereafter 
 may be exempted by the laws of the United States or of this State. 
 
 § 2. The general assembly, in providing for the organization, 
 equipment and discipline of the militia, shall conform as nearly as 
 practicable to the regulations for the government of the armies of 
 the United States. 
 
 § 3. All militia officers shall be commissioned by the governor, 
 and may hold their commissions for such time as the general as¬ 
 sembly may provide. 
 
 § 4. The militia shall, in all cases except treason, felony, or 
 breach of the peace, be privileged from arrest during their attend¬ 
 ance at musters and elections, and in going to and returning from 
 the same. 
 
 § 5. The military records, banners and relics of the State shall 
 be preserved as an enduring memorial of the patriotism and valor of 
 Illinois, and it shall be the duty of the general assembly to provide 
 by law for the safe-keeping of the same. 
 
 § 6. No person having conscientious scruples against bearing 
 arms shall be compelled to do militia duty in time of peace: Pro¬ 
 vided, such person shall pay an equivalent for such exemption. 
 
 ARTICLE XIII. 
 
 WAREHOUSES. 
 
 g 1. Public Warehouses, 
 g 2. Weekly Statements Required, 
 g 3. Examination of Property Stored, 
 g 4. Delivery of Full Weights. 
 
 g 5. Delivery of Grain by Railroads, 
 g 6. Warehouse Receipts, 
 g 7. Grain Inspection. 
 
 § 1. All elevators or storehouses where grain or other property is 
 stored for a compensation, whether the property stored be kept sepa¬ 
 rate or not, are declared to be public warehouses. 
 
 § 2. The owner, lessee or manager of each and every public ware¬ 
 house situated in any town or city of not less than one hundred 
 thousand inhabitants, shall make ^weekly statements under oath, be¬ 
 fore some officer to be designated by law, and keep the same posted 
 
46 
 
 in some conspicuous place in the office of such warehouse, and shall 
 also file a copy for public examination in such place as shall be des¬ 
 ignated by law, which statement shall correctly set forth the amount 
 and grade of each and every kind of grain in such warehouse, to¬ 
 gether 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 therefor; 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 shipped in separate lots shall not be mixed with in¬ 
 ferior or superior grades without the consent of the owner or con¬ 
 signee thereof. 
 
 § 3. The owners of property stored in any warehouse, or holder 
 of a receipt for the same, shall always be at liberty to examine such 
 property stored, and all the books and records of the warehouse, 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. 
 
 § 5. All railroad companies receiving and transporting grain in 
 bulk or otherwise, shall deliver 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, or which can be used, 
 by such railroad companies; and all railroad companies shall per¬ 
 mit connections to be made with their track, so that any such con¬ 
 signee and any public warehouse, coal bank or coal yard may be 
 reached by the cars on said railroad. 
 
 § 6. It shall be the duty of the general assembly to pass all 
 necessary laws to prevent the issue of false and fraudulent ware¬ 
 house receipts, and to give full effect to this article of the consti¬ 
 tution, 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 assembly 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 reme¬ 
 dies. 
 
 § 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 Convention. I § 2. Proposed by the Legislature. 
 
 § 1. Whenever two-thirds of the members of each house of the 
 general assembly shall, by a vote entered upon the iournals thereof, 
 
47 
 
 concur that a convention is necessary to revise, alter or amend the 
 constitution, the question shall be submitted to the electors at the 
 next general election. If a majority voting at the election vote for 
 a convention, the general assembly shall, at the next session, pro¬ 
 vide for a convention, to consist of double the number of members 
 of the senate, to be elected in the same manner, at the same places, 
 and in the same districts. The general assembly shall, in the act 
 calling the convention, designate the day, hour and place of its meet¬ 
 ing, fix the pay of its members and officers, and provide for the pay¬ 
 ment of the same, together with the expenses necessarily incurred 
 by the convention in the performance of its duties. Before proceed¬ 
 ing, the members shall take an oath to support the constitution of 
 the United States, and of the State of Illinois, and to faithfully dis¬ 
 charge 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 revision, 
 alteration or amendments of the constitution as shall be deemed 
 necessary, which shall be submitted to the electors for their ratifica¬ 
 tion or rejection at an election appointed by the convention for that 
 purpose, not less than two nor more than six months after the ad¬ 
 journment thereof; and unless so submitted, and approved by a ma¬ 
 jority of the electors voting at the election, no such revision, altera¬ 
 tion or amendments shall take effect. 
 
 § 2, 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 respective 
 journals, and said amendments shall be submitted to the electors 
 of this State for adoption or rejection, at the next election of mem¬ 
 bers of the general assembly, in such manner as may be prescribed 
 by law. The proposed amendments shall be published in full at 
 least three months preceding the election, and if a majority of the 
 electors voting at said election shall vote for the proposed amend¬ 
 ments, the)' shall become a part of this constitution. 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. 
 
 SECTIONS SEPARATELY SUBMITTED. (1) 
 
 Illinois Central Railroal. 
 
 Municipal Subscriptions to Corporations. 
 
 Illinois and Michigan Canal. 
 
 ILLINOIS CENTRAL RAILROAD. 
 
 No contract, obligation or liability whatever, of the Illinois Cen¬ 
 tral Railroad Company to pay any money into the State treasury, 
 nor any lien of the State upon, or right to tax property of said 
 
 (1) These sections were separately submitted to the vote of the people: they went into 
 effect as law July 2, lb70. 
 
48 
 
 company, in accordance with the provisions or the charter of said 
 company, approved February tenth, in the year of our Lord one 
 thousand eight hundred and fifty-one, shall ever be released, sus¬ 
 pended, 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 government, and for no other purposes whatever. 
 
 MINORITY REPRESENTATION. 
 
 [See Sections 7 and 8. Article IV, pages 15 and 16.] 
 
 MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORATIONS. 
 
 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 
 shall not be construed as affecting the right of any such munici¬ 
 pality to make such subscrtptions where the same have been author¬ 
 ized, under existing laws, by a vote of the people of such munici¬ 
 palities prior to such adoption. 
 
 CANAL, [railroad state aid prohibited.] 
 
 The Illinois and Michigan Canal shall never be sold or leased 
 until the specific proposition for the sale or lease thereof shall first 
 have been submitted to a vote of the people of the State, at a gen¬ 
 eral election, and have been approved by a majority of all the votes 
 polled at such election. The general assembly shall never loan the 
 credit of the State, or make appropriations from the treasury there¬ 
 of, in aid of railroads or canals: Provided, that any surplus earnings 
 of any canal may be appropriated for its enlargement or extension. 
 
 SCHEDULE. 
 
 \ 1. Laws in Force Remain Valid. 
 
 § 2. Fines, Penalties and Forfeitures. 
 
 I 3. Recognizances, Bonds, Obligations. 
 
 \ 4. County Courts. 
 
 2 5. All Existing Courts Continued. 
 
 ? 6. Persons Now in Office Continued. 
 
 That no inconvenience may arise from the alterations and amend¬ 
 ments made in 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 the State, individuals, or bodies corporate, 
 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. 
 
49 
 
 § 3. 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 lia¬ 
 bilities upon the same shall continue, and all crimes and misde¬ 
 meanors 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 coun¬ 
 ties not having adopted township organization shall continue in 
 existence, and exercise their present jurisdiction until the 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 law. 
 
 § 5. All existing courts which are not in this constitution speci¬ 
 fically 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 con¬ 
 tinue in the exercise of the duties thereof according to their respec¬ 
 tive commissions or appointments, unless by this constitution it is 
 otherwise directed. 
 
 [Sections 7 to 17, both inclusive, providing for the submission of this constitution and 
 voting thereon by the people, became inoperative by the adoption of this constitution.] 
 
 § 7. On the day this constitution is submitted to the people for 
 ratification an election shall be held for judges of the supreme 
 court in the second, third, sixth and seventh judicial election dis¬ 
 tricts designated in this constitution, and for the election of three 
 judges of the circuit court in the county of Cook, as provided for 
 in the article of this constitution relating to the judiciary, at 
 which election every person entitled to vote, according to the terms 
 of this constitution, shall be allowed to vote, and the election shall 
 be otherwise conducted, returns made, and certificates issued, in 
 accordance with existing laws, except that no registry shall be 
 required at said election: Provided, that at said election in the 
 county of Cook no elector shall vote for more than two candidates 
 for circuit judge. If, upon canvassing the votes for and against 
 the adoption of this constitution, it shall appear that there has been 
 polled a greater number of votes against than for it, then no certifi¬ 
 cates of election shall be issued for any of said supreme or circuit 
 judges. 
 
 § y. This constitution shall be submitted to the people of the 
 State of Illinois for adoption or rejection at an election to be held 
 on the first Saturday in July, in the year of our Lord one thousand 
 eight hundred and seventy, and there shall be separately submitted 
 at the same time, for adoption or rejection, sections nine, ten, eleven, 
 twelve, thirteen, fourteen and fifteen relating to railroads, in the 
 article entitled “Corporations,'" the article entitled “Counties,” the 
 article entitled “Warehouses,” the question of requiring a three-fifths 
 vote to remove a county seat, the section relating to the Illinois Cen¬ 
 tral Railroad, the section in relation to minority representation, the 
 
 —D C 
 
50 
 
 section relating to municipal subscriptions to railroads or private 
 corporations, and the section relating to the canal. Every person 
 entitled to vote under the provisions of this constitution, as defined 
 in the article in relation to suffrage, shall be entitled to vote for the 
 adoption or rejection of this constitution, and for or against the 
 articles, sections and questions aforesaid, separately submitted, and 
 the said qualified electors shall vote at the usual places of voting, 
 unless otherwise provided; and the said election shall be conducted, 
 and returns thereof made, according to the laws now in force regulat¬ 
 ing general elections, except that no registry shall be required at said 
 election: Provided , however, that the polls shall be kept open for 
 the reception of ballots until sunset of said day of election. 
 
 § 9. The secretary of state shall, at least twenty days before said 
 election, cause to be delivered to the county clerk of each county, 
 blank poll-books, tally-sheets, and forms of return, and twice the 
 number of properly prepared printed ballots for the said election 
 that there are voters in such county, the expense whereof shall be 
 audited and paid as other public printing ordered by the secretary 
 of state is, by law, required to be audited and paid, and the several 
 county clerks shall at least five days before said election, cause to be 
 distributed to the board of election, in each election district in their 
 respective counties, said blank poll-books, tally-lists, forms of return, 
 and tickets. 
 
 § 10. At the said election the ballots shall be in the following 
 form; 
 
 NEW CONSTITUTION TICKET. 
 
 For all the propositions on this ticket which are not cancelled 
 with ink or pencil, and against all propositions which are so can¬ 
 celled. 
 
 For the new constitution. 
 
 For the sections relating to railroads in the article entitled 
 “Corporations.” 
 
 For the article entitled “Counties.” 
 
 For the article entitled “Warehouses.” 
 
 For a three-fifths vote to remove county seats. 
 
 For the section relating to the Illinois Central Railroad 
 
 For the section relating to minority representation. 
 
 For the section relating to municipal subscriptions to railroads 
 or private corporations. 
 
 For the section relating to the canal. 
 
 Each of said tickets shall be counted as a vote cast for each 
 proposition thereon not cancelled with ink or pencil, and against 
 each proposition so cancelled, and returns thereof shall be made 
 accordingly by the judges of election. 
 
 § 11. The returns of the whole vote cast, and of the votes for 
 the adoption or rejection of this constitution, and for or against the 
 articles and sections respectively submitted, shall be made by the 
 
51 
 
 several county clerks, as is now provided by law, to the secretary of 
 state, within twenty days after the election, and the returns of said 
 votes shall, within five days thereafter, be examined and canvassed 
 by the auditor, treasurer and secretary of state, or any two of them, 
 in the presence of the governor, and proclamation shall be made by 
 the governor forthwith of the result of the canvass. 
 
 § 12 If it shall appear that a majority of the votes polled are 
 “for the new constitution,” then so much of this constitution as was 
 not separately submitted to be voted on by articles and sections, 
 shall be the supreme law of the State of Illinois on and after Mon¬ 
 day, the eighth day of August, in the year of our Lord one thousand 
 eight hundred and seventy; but if it shall appear that a majority of 
 the votes polled were “against the new constitution,” then so much 
 thereof as was not separately submitted to be voted on by articles 
 and sections, shall be null and void. 
 
 If it shall appear that a majority of the votes polled are “for the 
 sections relating to railroads in the article entitled ‘Corporations,’ ” 
 sections nine, ten, eleven, twelve, thirteen, fourteen and fifteen, re¬ 
 lating to railroads in the said article, shall be a part of the constitu¬ 
 tion of this State, but if a majority of said votes are against such sec¬ 
 tions, they shall be null and void. If a majority of the votes polled 
 are “for the article entitled ‘Counties,’ ” such article shall be part of 
 the constitution of this State, and shall be substituted for article 
 seven, in the present constitution, entitled ‘Counties;” but if a major¬ 
 ity of said votes are against such article the same shall be null and 
 void. If a majority of the votes polled are “for the article entitled 
 ‘Warehouses,’” such article shall be part of the constitution of this 
 State; but if a majority of the votes are against said article, the same 
 shall be null and void. If a majority of the votes polled are for either 
 of the sections separately submitted, relating respectively to the “Illi¬ 
 nois Central Railroad,” “minority representation,” “municipal sub¬ 
 scriptions to railroads or private corporations,” and the “canal,” then 
 such of said sections as shall receive such majority shall be a part of 
 the constitution of this State; but each of said sections so separately 
 submitted against which respectively there shall be a majority of the 
 votes polled, shall be null and void: Provided , that the section relating 
 to “minority representation” shall not be declared adopted unless the 
 portion of the constitution not separately submitted to be voted on by 
 articles and sections shall be adopted; and in case said section 
 relating to “minority representation” shall become a portion of the 
 constitution, it shall be substituted for sections seven and eight of 
 the legislative article. If a majority of the votes cast at such elec¬ 
 tion shall be for a three-fifths vote to remove a county seat, then the 
 words “a majority” shall be stricken out of section four of the article 
 on Counties, and the words “three-fifths” shall be inserted in lieu 
 thereof, and the following words shall be added to said section, to-wit: 
 “But when an attempt is made to remove a county seat to a point 
 nearer to the centre of a county, then a majority vote only shall 
 be necessary.” If the foregoing proposition shall not receive a ma¬ 
 jority of the votes, as aforesaid, then the same shall have no effect 
 whatever. 
 
52 
 
 § 13. Immediately after the adoption of this constitution, the 
 governor and secretary of state shall proceed to ascertain and fix the 
 apportionment of the State for members of the first house of repre¬ 
 sentatives under this constitution. The apportionment shall be 
 based upon the federal census of the year of our Lord one thousand 
 eight hundred and seventy, of the State of Illinois, and shall be 
 made strictly in accordance with the rules and principles announced 
 in the article on the legislative department of this constitution: 
 Provided, that in case the federal census aforesaid can not be ascer¬ 
 tained prior to Friday, the twenty-third day of September, in the 
 year of our Lord one thousand eight hundred and seventy, then the 
 said apportionment shall be based on the State census of the year of 
 our Lord one thousand eight hundred and sixty-five, in accordance 
 with the rules and principles aforesaid. The governor shall, on or 
 before Wednesday, the twenty-eighth day of September, in the year 
 of our Lord one thousand eight hundred and seventy, make official 
 announcement of said apportionment, under the great seal of the 
 State; and one hundred copies thereof, duly certified, shall be forth¬ 
 with transmitted by the secretary of state to each county clerk for 
 distribution. 
 
 § 14. The districts shall be regularly numbered by the secretary 
 of state, commencing with Alexander county as number one, and 
 proceeding then northwardly through the State, and terminating with 
 the county of Cook, but no county shall be numbered as more than 
 one district, except the county of Cook, which shall constitute three 
 districts, each embracing the territory contained in the now existing 
 representative districts of said county. And on the Tuesday after 
 the first Monday in November, in the year of our Lord one thous¬ 
 and eight hundred and seventy, the members of the first house of 
 representatives under this constitution shall be elected according to 
 the apportionment fixed and announced as aforesaid, and shall hold 
 their offices for two years, and until their successors shall be elected 
 and qualified. 
 
 § 15. The senate, at its first session under this constitution, shall 
 consist of fifty members, to be chosen as follows: At the general 
 election held on the first Tuesday after the first Monday of Novem¬ 
 ber, in the year of our Lord one thousand eight hundred and seventy, 
 two senators shall be elected in districts where the term of senators 
 expires on the first Monday of January, in the year of our Lord one 
 thousand eight hundred and seventy-one, or where there shall be a 
 vacancy, and in the remaining dstricts one senator shall be.elected. 
 Senators so elected shall hold their office two years. 
 
 § 16. The general assembly, at its first session held after the adop¬ 
 tion of this constitution, shall proceed to apportion the State for 
 members of the senate and house of representatives, in accordance 
 with the provisions of the article on the legislative department. 
 
 § 17. When this constitution shall be ratified by the people, the 
 governor shall forthwith, after having ascertained the fact, issue 
 writs of election to the sheriffs of the several counties of the State, 
 or in case of vacancies, to the coroners, for the election of all the 
 
officers the time of whose election is fixed by this constitution or 
 schedule, and it shall be the duty of said sheriffs or coroners to give 
 such notice of the time and place of said election as is now prescribed 
 by law. 
 
 § 18. All laws of the State of Illinois and all official writings, and 
 the executive, legislative and judicial proceedings, shall be 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. 
 
 § 20. The circuit clerks of the different counties having a popula¬ 
 tion over sixty thousand shall continue to be recorders(e# officio ) for 
 their respective counties, under this constitution, until the expiration 
 of their respective terms. 
 
 § 21. The judges of all courts of record in Cook county shall, 
 in lieu of any salary provided for in this constitution, receive the 
 compensation provided by law until the adjournment of the first 
 session of the general assembly after the adoption of this constitu¬ 
 tion. 
 
 § 22. The present judge of the circuit court of Cook county shall 
 continue to hold the circuit court of Lake county until otherwise pro¬ 
 vided 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 provided 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 constitution shall be so con¬ 
 strued as to deprive the general assembly of power to authorize 
 the city of Quincy to create any indebtedness for railroad or munici¬ 
 pal 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 in¬ 
 debtedness 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, farther, that the 
 general assembly shall have no power in the premises that it could 
 not exercise under the present constitution of the State. 
 
 § 25. 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, and 
 any one or more of the 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 consitution required to be executed 
 prior to the the adoption or rejection thereof, shall take effect and be 
 in force immediately. 
 
54 
 
 [attestation.] 
 
 Done in convention at the capitol in the city of Springfield, on 
 the thirteenth day of May, in the year of our Lord one thousand 
 eight hundred and seventy, and of the independence of the United 
 States of America the ninety-fourth. 
 
 In witness whereof, we have hereunto subscribed our names. 
 
 William J. Allen, 
 
 John Abbott, 
 
 James C. Allen, 
 
 Elliott Anthony, 
 
 Wm. R. Archer, 
 
 Henry I. Atkins, 
 
 James G. Bayne, 
 
 R. M. Benjamin, 
 
 H. P. H. Bromwell, 
 
 O. H. Browning, 
 
 Wm. G. Bowman, 
 
 Silas L. Bryan, 
 
 H. P. Buxton, 
 
 Daniel Cameron, 
 
 William Cary, 
 
 Lawrence S. Church, 
 Hiram H. Cody, 
 
 W. F. Coolbaugh, 
 
 Alfred M. Craig, 
 
 Robert J. Cross, 
 
 Samuel P. Cummings, 
 John Dement, 
 
 G. S. Eldridge, 
 
 James W. English, 
 David Ellis, 
 
 Ferris Forman, 
 
 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 S. Hildrup, 
 
 Attest : 
 
 Charles Hitchcock, President . 
 
 Jas. McCoy, 
 
 Charles E. McDowell, 
 William C. Goodhue, 
 
 Joseph Medill, 
 
 Clifton H. Moore, 
 
 Jonathan Merriam, 
 
 Joseph Parker, 
 
 Samuel C. Parker, 
 
 Peleg S. Perley, 
 
 J. S. Poage, 
 
 Edward Y. Rice, 
 
 James P. Robinson, 
 
 Lewis W. Ross, 
 
 Robert A. King, 
 
 William P. Pierce, 
 
 N. J. Pillsbury, 
 
 John Scholfield, 
 
 James M. Sharp, 
 
 Henry Sherrell, 
 
 Wm. H. Snyder, 
 
 O. C. Skinner, 
 
 Westel W. Sedgwick, 
 
 Charles F. Springer, 
 
 John L. Tincher, 
 
 C. Truesdale, 
 
 Henry Tubbs, 
 
 Thomas J. Turner, 
 
 Wm. H. Underwood, 
 
 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. 
 
 John Q. Harmon, Secretary. 
 
 Daniel Shepard, First Assistant Secretary. 
 A. H. Swain, Second Assistant Secretary. 
 
55 
 
 AMENDMENTS. (1.) 
 
 CONTRACT CONVICT LABOR. 
 
 Hereafter it shall be unlawful for the commissioners of any peni¬ 
 tentiary or other reformatory institution in the State of Illinois to 
 let by contract to any person or persons, or corporations, the labor 
 of any convict confined within said institution. 
 
 UNITED STATES OF AMERICA, \ 
 
 State of Illinois. j Office of Secretary of State. 
 
 I, James A. Rose, Secretary of State 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 
 on the thirteenth day of May, 1870, ratified by a vote of the people on the 2d day of July, 1870, 
 and in force on the 8tb day of August, 1870, and as amended in 1878, in 1880, in 1884, in 1886 
 and in 1890, and now on file in this office. 
 
 In testimony whereof I have hereunto set my hand and affixed the Great Seal of State. 
 Done at the city af Springfield this 15th day of January, A. D. 1900. 
 
 JAMES A. ROSE, Secretary of State. 
 
 (1) . For the first, second and third amendments, see pages 22, 40 and 25. 
 
 An amendment to the constitution becomes law as soon as it is declared ratified by the 
 board of canvassers, if not as soon as the polls are closed on the day of its adoption. People 
 v. Board of Supervisors, 100 Ill., 495. 
 
 (2) . Proposed by joint resolution of the Thirty-fourth General Assembly (L. 1885, p. 256); 
 adopted by vote of the people November 2, 1886: proclaimed ratified November 22, 1886. 
 
56 
 
 INDEX. 
 
 Page. 
 
 Historical Sketch. 5 
 
 Constitution of 1818. 6 
 
 Constitution of 1848. 7 
 
 Page. 
 
 Convention of 1862. 8 
 
 Constitution of 1870. 8 
 
 INDEX TO CONSTITUTION OF 1870. 
 
 Preamble. 
 
 Page. 
 . 10 
 
 ARTICLE I. 
 
 Boundaries.10 
 
 ARTICLE II. 
 
 BILL OF RIGHTS. 
 
 3 1. Inherent and Inalienable Rights.11 
 
 t 2. Due Process of Law.11 
 
 \ 3. Liberty of Conscience Guaranteed. .11 
 
 \ 4. Freedom of Speech — Libel.11 
 
 3 5. Right of Trial by Jury.11 
 
 3 6. Unreasonable Searches and Seizures 12 
 3 7. Bail Allowed—Writ of Habeas Cor 
 
 pus.12 
 
 3 8. Indictment Required—Grand .Jury. .12 
 3 9. Rights of Persons Accused of Crime.12 
 
 3 10. Self Crimination—Acquittal.12 
 
 3 11. Penalties no Corruption of Blood or 
 
 Forfeiture of Estate.12 
 
 3 12. Imprisonment for Debt.12 
 
 3 13. Compensation for Property Taken.. 12 
 3 14. Ex Post Facto Laws Contracts—Irre¬ 
 vocable Grants.13 
 
 3 15. Military Subordinate to Civil Pow¬ 
 ers .13 
 
 3 16. Quartering of Soldiers.13 
 
 3 17 Right of Assembly and Petition.13 
 
 3 18. Elections to be Free and Equal.13 
 
 3 19. Protection of the Law.13 
 
 3 20. Fundamental Principles.13 
 
 ARTICLE III. 
 State Departments—Powers.. 
 
 ARTICLE IV. 
 
 .13 
 
 3 l. 
 g 2. 
 3 3 . 
 3 4. 
 
 3 5 . 
 
 3 6 . 
 
 3 7 
 
 3 7 
 3 9. 
 3 10 . 
 
 2 U. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Who 
 
 and 8. Representatives — (Inopera¬ 
 tive) .. 
 
 and 8. Minority Representation... 
 Time of Meeting—General Rules., 
 Open Sessions — Adjournments 
 
 3 12 . 
 3 13. 
 
 2 14. 
 
 2 15. 
 
 3 16. 
 3 17. 
 
 3 18. 
 
 3 19. 
 3 20 . 
 3 21 . 
 3 22 . 
 3 23. 
 3 24. 
 3 25. 
 3 26. 
 3 27. 
 3 28. 
 3 29. 
 3 30. 
 
 'i 31. 
 3 32. 
 3 33. 
 
 3. 
 
 4. 
 
 5. 
 
 6 . 
 
 7. 
 
 8 . 
 
 9. 
 
 
 3 
 
 10. 
 
 
 3 
 
 li. 
 
 
 3 
 
 12. 
 
 14 
 
 3 
 
 13. 
 
 14 
 
 3 
 
 14. 
 
 14 
 
 3 
 
 15. 
 
 14 
 
 3 
 
 16. 
 
 14 
 
 3 
 
 17. 
 
 15 
 
 3 
 
 18. 
 
 
 3 
 
 19. 
 
 15 
 
 3 
 
 20. 
 
 16 
 
 3 
 
 21. 
 
 16 
 
 3 
 
 22. 
 
 
 § 
 
 23. 
 
 17 
 
 3 
 
 24. 
 
 17 
 
 3 
 
 25. 
 
 Page. 
 
 Origin and Passage of Bills.17 
 
 Reading — Printing— Title—Amend¬ 
 ments.17 
 
 Privileges of Members.18 
 
 Disabilities of Members.18 
 
 Appropriations.18 
 
 Payment of Money — Statement of 
 
 Expenses.18 
 
 Ordinary Expenses—Casual Deficits 
 
 —Appropriations Limited.18 
 
 Extra Compensation or Allowance.. 19 
 
 Public Credit not Loaned.19 
 
 Pay and Mileage of Members.19 
 
 Special Legislation Prohibited.20 
 
 Against Release from Liability.21 
 
 Proceedings on Impeachment.21 
 
 Fuel. Stationery and Printing.21 
 
 State not to be Sued.21 
 
 Lotteries and Gift Enterprises.21 
 
 Terms of Office not Extended.21 
 
 Protection of Miners.. .•.21 
 
 Concerning Roads—Public and Pri- 
 
 Draining and Ditching.22 
 
 Homestead and Exemption Laws 22 
 
 Completion of the State House.22 
 
 ARTICLE V. 
 
 EXECUTIVE DEPARTMENT. 
 
 Offic rs—Terms.22 
 
 State Treasurer.22 
 
 Time of Electing State Officers.23 
 
 Returns—Tie—Contested Election ..23 
 
 Eligibility of Officers .23 
 
 Governor—Powers and Duty.23 
 
 His Message and Statement.23 
 
 Convening the General Assembly.. .24 
 Proroguing the General Assembly ..24 
 
 Nominations by the Governor.24 
 
 Vacancies may be Filled.24 
 
 Removals by the Governor.24 
 
 Reprieves-Commutations—Pardons. 24 
 Governor as Commander-in-Chief.. .24 
 
 Impeachment of Officers.24 
 
 Veto of the Governor.25 
 
 Lieutenant-Governor as Governor.. .25 
 
 As President of the Senate.26 
 
 Vacancy in Governor’s Office.26 
 
 Vacancy in other State Offices.26 
 
 Reports of State Officers.26 
 
 Great Seal of State.26 
 
 Fees and Salaries.26 
 
 Definition of “Office”.27 
 
 Oath of Civil Officers.27 
 
57 
 
 ft 
 
 ARTICLE VI. 
 
 JUDICIAL DEPARTMENT. 
 
 Page. 
 
 2 1. Courts established .27 
 
 § 2. Supreme Court Jurisdiction.28 
 
 4 3. Qualifications of a Supreme Judge..28 
 
 2 4. Terms of the Supreme Court.28 
 
 2 5. Grand Divisions—Districts.28 
 
 2 6. Election of Supreme Judges.29 
 
 2 7. Salaries of the Supreme Judges.29 
 
 2 8. Appeals and Writs of Error.29 
 
 2 9. Reporter.29 
 
 2 10. Clerks of the Supreme Court.29 
 
 2 11. Appellate Courts Authorized.29 
 
 2 12. Circuit Courts—Jurisdiction.30 
 
 2 13. Formation of Judicial Circuits.30 
 
 2 14. Time of Holding Circuit Courts.30 
 
 2 15. Judges—Increase of Number.30 
 
 2 16. Salaries of the Circuit Judges.31 
 
 2 17. Qualifications of Judges and Coun¬ 
 ty Commissioners.31 
 
 2 18. County Judges—County Clerks.31 
 
 2 19. Appeals from County Courts.31 
 
 2 20. Probate Courts Authorized.31 
 
 2 21. Justices of the Peace and Constables.32 
 
 2 22. State’s Attorney in each County.32 
 
 2 23. Cook County Courts of Record.32 
 
 2 24. Chief Justice—Power of Judges.32 
 
 2 25. Salaries of the Judges.32 
 
 2 26. Criminal Court of Cook County.32 
 
 2 27. Clerks of the Cook County Court_33 
 
 2 28. Justices in Chicago.33 
 
 2 29. Uniformity in the Courts.33 
 
 2 30. Removal of any Judge.33 
 
 2 31. Judges to Make Written Reports_33 
 
 2 32. Terms of Office—Filling Vacancies .34 
 l 33. Process—Prosecutions—Population..34 
 
 ARTICLE VII. 
 
 SUFFRAGE. 
 
 2 1. Qualification of Voters.34 
 
 2 2. All Voting to be by Ballot.34 
 
 2 3. Privileges of Electors.35 
 
 2 4. Voting Residence.35 
 
 2 5. Soldiers in the U. S Army.35 
 
 2 6. Qualifications for Office.35 
 
 2 7. Persons Convicted of Crime.35 
 
 ARTICLE VIII. 
 
 EDUCATION. 
 
 2 1. Free Schools.35 
 
 2 2. Gifts or Grants in Aid of Schools.. ..35 
 2 3. Aid to Sectarian Schools Prohibited.35 
 2 4. Sale of Text-Books—Teachers and 
 
 Officers.36 
 
 § 5. County Superintendent of Schools. .36 
 
 ARTICLE IX. 
 
 REVENUE. 
 
 2 1. Taxation shall be Uniform.36 
 
 2 2. Other and Further Taxation.36 
 
 2 3. Property Exempt from Taxation_36 
 
 2 4. Sale of Real Property for Taxes.36 
 
 2 5. Right of Redemption Therefrom_37 
 
 2 6. Release from Taxation Forbidden...37 
 
 2 7. Taxes Paid into State Treasury.37 
 
 2 8. Limitation on County Taxes.37 
 
 2 9. Local Municipal Improvements.37 
 
 2 10. Taxation of Municipal Corporations.37 
 
 2 11. Defaulter not to be Eligible.37 
 
 2 12. Limitation of Municipal Indebted¬ 
 ness .38 
 
 2 13. World’s Columbian Exposition.38 
 
 —E. C. 
 
 ARTICLE X. 
 
 COUNTIES. 
 
 Page. 
 
 2 1. New Counties.39 
 
 2 2. Division of any County.39 
 
 2 3. Territory Stricken from a County...39 
 
 2 4. Removal of a County Seat.39 
 
 2 5. County Government.39 
 
 2 6. Board of County Commissioners — 40 
 
 t 7. County Affairs in Cook County.40 
 
 2 8. County Officers—Terms of Office — 40 
 2 9. Salaries and Fees in Cook County...41 
 2 10. Salaries Fixed by County Board.41 
 
 2 11. Township Officers—Special L<aws...41 
 
 2 12. All Future Fees Uniform.42 
 
 2 13. Sworn Report of All Fees.42 
 
 ARTICLE XI. 
 
 CORPORATIONS. 
 
 2 1. Organization of Corporations.42 
 
 2 2. Existing Charters.42 
 
 2 3. Election of Directors or Managers..42 
 
 2 6. Liability of Bank Stockholder.43 
 
 2 7. Suspension of Specie Payment.43 
 
 2 8. Of a General Banking Law.43 
 
 2 9. Railroad Office— Books and Records.43 
 
 2 10. Personal Property of Railroads.44 
 
 2 11. Consolidations.44 
 
 2 12. Railroads Deemed Highways—Rates 
 
 Fixed.44 
 
 2 13. Stocks, Bonds and Dividends...44 
 
 2 14. Power Over Existing Companies — 44 
 2 15. Freight and Passenger Tariffs Regu¬ 
 lated.45 
 
 ARTICLE XII. 
 
 MILITIA. 
 
 2 1. Persons Liable to Military Duty.... .45 
 
 2 2. Organization —Equipment—Discip¬ 
 line.45 
 
 2 3. Officers.45 
 
 2 4. Privileged from Arrest...45 
 
 2 5. Records, etc., Preservation.45 
 
 2 6. Exemption from Duty.45 
 
 ARTICLE XIII. 
 
 WAREHOUSES. 
 
 2 1. Public Warehouses.45 
 
 2 3. Sworn Weekly Statements Requir’d.45 
 2 3. Examination of Property Stored —46 
 
 2 4. Carriers to Deliver Full Weight.46 
 
 2 5. Delivery of Grain by Railroads.46 
 
 2 6. Warehouse Receipts.46 
 
 2 7. Grain Inspection.46 
 
 ARTICLE XIV. 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 § 1. By a Convention.46 
 
 2 2. Proposed by the Legislature.47 
 
 SECTIONS SEPARATELY SUBMITTED. 
 
 Illinois Central Railroad.47 
 
 Municipal Subscriptions to Corporations. .48 
 Illinois and Michigan Canal.48 
 
58 
 
 SCHEDULE. 
 
 Page. 
 
 I 1. Laws in Force Remain Valid.48 
 
 § 2. Fines, Penalties and Forfeitures_48 
 
 t 3. Recognizances, Bonds, Obligations.49 
 
 g 4. County Courts.49 
 
 g 5. All Existing Courts Continued.49 
 
 g 6. Persons now in Office Continued_49 
 
 g 7 - 17 inclusive. Inoperative.. .49,50,51,52 
 g 18. Laws, etc,, to be published in Eng¬ 
 lish only.53 
 
 Page. 
 
 g 19. Legislature shall Make Constitution 
 
 Effective.53 
 
 g 20. Circuit Clerks and Recorders.53 
 
 g 21. Cook County Judges—Salaries .53 
 
 g 22. Lake County Circuit Court .53 
 
 g 23. Two-Mill Tax.53 
 
 g 24. City of Quincy—Indebtedness.53 
 
 § 25. Existing Constitution—When Void..53 
 
 g 26. Certain Provisions—When in Force.53 
 
 Attestation .54 
 
 AMENDMENTS. 
 
 Fourth—Contract Convict Labor .55 
 
 
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