>a5rEI5f^rEI!Ttl5?^^5^-5 '- --.'':.-' -'--^ -::".; * ^-r CIVIL overnment ILLINOIS UNITED STATES. EDWIN C. CRAWFORD, A.M., -S i : = > i i \ i 11111111) CH ICAGO: George Sherwood & Co. imtnirfii^^ THE UNIVERSITY OF ILLINOIS LIBRARY 342.773 ttuii topical Surv* CIVIL GOVEBNMENT CJ 1 as O L, a, OP ILLINOIS AND OP THE UNITED STATES. EDWIN C. CRAWFORD, A.M., Member of the Chicago Bar. Former Principal of "Waukegan High School. 10 co CHICAGO : GEORGE SHERWOOD & COMPANY *V PREFACE. The objects of this book are : To describe in detail every part of the machinery of government of the State of Illinois, and of each political sub-division of the State. To state briefly all the important duties of every public officer in the State of Illinois. To outline the government of the United States. It has been written with especial reference to the wants of teachers and students, and officers of school districts and townships. It is believed that it will be welcomed by all who desire to be intelligent as to the government in which they are most directly interested, namely, that of the4r own state, county, township and school district. E. C. C. Chicago, October 30, 1882. COPYRIGHT, 1882, BY GEO. SHERWOOD & Co. " I ff $ 2. TABLE OF CONTENTS. I. THE SCHOOL DISTRICT. PAGE School Directors, their Election, Powers and Duties, - - 5 How School Districts Receive their Share of the State Fund, \) ) How Districts may be Divided. ....... 7 Transferring Pupils from one District to another, 8 II. THE TOWN rv- Town and Township Distinguished, ...... 8 xs^ Town Officers, their Terms of Office, ..... 9 Town Meeting, ..... 10 * . Its Organization for Business, 10 N^ Powers and Duties of Voters at Town Meeting, - - 12 Oath and Bonds of Town Officers. 13 Town Boards, their Powers and Duties, ..... 14 Town Supervisors, their Powers and Duties, - 15 Town Clerk, his Powers and Duties, ...... 15 Assessor and Collector, their Powers and Duties, 16 School Trustees, their Powers and Duties, 16 School Treasurer, his Powers and Duties, .... 16 Highway Commissioners and Overseers, their Powers and Duties, 17 Pound Master and Commissioner of Canada Thistles, - - 18 Justices of the Peace and Constables, 18 Civil Causes, Criminal Causes, - - 18 Holding to Bail, ....... 19 Pay of Town Officers, - 19 Special Town Meeting, ..... 19 jjl* Nature of Town;Government, ..... 20 ftfficers of Township^, - 21 ^jj I III. THE COUNTY. COUNTIES. UNDER TOWNSHIP ORGANIZATION. 3Q)unty Officers, Tories of Office, . 22 The County Board, Powers and Duties, 22 *&\Q Grand' Jury, ... ..... 24 The Petit Jury, '- ........ 25 Sftmnty and Probate fcourts, ....... 25 County and Probate: Judges, their Duties, - ... 26 *6ounty Clerk, his Duties, 27 Sheriff his Duties, 1 ........ 27 'State's Attorney, his Duties, ....... 28 **Coroner. his Duties,. 28 ktfrcuit Clerk and Recorder of Deeds, their Duties, 29 Deeds, Recording Deeds, Mortgages, - ... 30 JCounty Treasurer, his Duties 30 Superintendent of Schools, his Duties, 31 ^Departments of County Government, ..... 31 4 be sued; 1127. Lotteries and Gift Enterprises; 28. Terms of office not Extended; 29. Protection of operative miners; 30. Concerning roads public and private; 31. Draining and ditch- ing; 32. Homestead and Exemption Laws; 33. Completion of the SUite House. V. EXECUTIVE DEPARTMENT 74 1. Officers of this Department; 2. Of the State Treasurer; 3. Time of Electing State Officers; 4. Returns Tie Contested Election; }5. Eligibility for Office; 6. Governor Power and Duty ; 7. His Message and Statement; 8. Conven- ing the General Assembly; 9. Proroguing the General Assembly; 10. Nomi- nations by the Governor; 11. Vacancies may be filled; 12. Removals by the Governor; 13. Reprieves- Commutations Pardons; 14. Governor as Com - mander-in-Chief; 15. Impeachment for Misdemeanor; 16. Veto of the Governor; 17. Lieutenant Governor as Governor; 18. As President of the Senate; 19. Vacancy in Governor's Office; 20. Vacancy in other State Offices; 21. Reports of State Officers; 22. Great Seal of State; 23. Fees and Sal- aries; 24. Definition of "Office; "25. Oath of Civil Officers. VI. JUDICIAL DEPARTMENT 77 {! Judicial Powers of Courts; 2. Seven Supreme Judges Four Decide; 3. Qualifications of a Supreme Judge; 4. Terms of the Supreme Court; 5. Three Grand Divisions -Seven Districts: 6. Election of Supreme Judges; 7. Salaries of the Supreme Judges; 8 Appeals and Writs of Error; 9. Ap- pointment of Reporter; 10. Clerks of the Supreme Coint; 11. Appellate Courts Authorized; 12. Jurisdiction of Circuit Courts; 13. Formation of Judicial Circuits; 14. Time of holding Circuit Courts; 15. Circuits con- taining Four Judges; 16. Salaries of tlie Circuit Judges: 17. Qualification of Judges or Commissioners: 18. County Judges County Clerks; 19. Ap- peals from Count> Courts; 20. Probate Courts Authorized; 21. Justices of the Peace and Constables; 22. State's Attorney in each County; 23. Cook County Courts. of Record; 24. Chief Justice Power of Judges; 25. Sal- aries of the Judges; 26. Criminal Court of Cook County: 27. Clerks of ' -Jourt; 28. * ' Cook County Court; 28. Jus ices in Chicago; 29, Uniformity in the Courts; 30. Removal of any Judge; 31. Judges to make Written Reports; 32. Terms of Office -Filling Vacancies; 33. Process Prosecutions Population. CONSTITUTION OF THE STATE OF ILLINOIS. 67 VII. SUFFRAGE 82 1. Who are Entitled to Vote; 2. All Voting to be by Ballot: 53. Privileges of Ele< t- ors; 54. Absence on Public Business; 55. Soldier not Deemed a Resident: 6. Qualifications for Office; 7. Persons Convicted of Crime. VIII. EDUCATION 83 {1. Free Schools Established; 2. Gifts or Grants In Aid of Schools; 3. Public Schools not to be Sectarian;' 4 School Officers not Interested; 55. County Superintendents of Schools. IX. REVENUE 83 51. Principle of Taxation Stated; 52. Other and Further Taxation; 53. Property Ex- empt from Taxation; 54. Sale of Real Property for Taxes; 55. Right of Ke- demption Therefrom: 56. Release from Taxation Forbidden; 7. Taxes Paid into State Treasury; 58. Limitation on County Taxes; 59. Local Municipal Improvements; 510. Taxation of Municipal Corporations; 11. Defaulter nut to be Eligible; 512. Limitation on Municipal Indebtedness, X. COUNTI ES 84 51. Formation of New Counties; 52. Division of any County; 53. Territory Stricken from a County; 54. Removal of a County Seat; 5. Methods of County Government; 56. Boanl of County Commissioners; 57. County Affairs in Cook County; 58- County Officers Terms of Office; 59. Salaries and Fees in Cook County; 510, Salaries Fixed by County Hoard; 11. Township Officers Spe- cial Laws; 12. All Future Fees Uniform; 513. Sworn Report of All Fees. XI. CORPORATIONS 86 51. Established only by General Laws; 52. Existing Charters How Forfeited; 53. Election of Directors or Managers; 54. Construction of Street Railroads; 55. State Bank Forbidden General Law; 66. Liability of Bank Stockholder; 57. Suspension of Specie Payment; 58. Of a General Banking Law; 59. Rail- road Office^ Books and ReC"rds; 510. Personal Property of Railroads: 511. Consolidations Forbidden; 512. Railroads Deemed Highways Rates Fixed; 513. Stocks, Bonds and Dividends; 514. Power Over Existing Companies; 515. Freight and Passenger Tariffs Regulated. XII. MILITIA 89 1. Persons Composing the Militia; 52. Organization Equipment Discipline; 53. Commissions of Officers; 54. Privilege from Arrest; 5. Records, Banners and Relics; 56. Exemption from Militia Duty. XIII. WAREHOUSES 88 51. What Deemed'Public Warehouses; 52. Sworn Weekly Statements Required; 53. Examination of Property Stored. 54. Carriers to Deliver Full Weight; 5, Delivery of Grain by Railroads; 56. Power and Duty of tiie Legislature; 57. Grain Inspection Protection of Dealers. XIV. AMENDMENTS TO THE CONSTITUTION 88 51. By a Constitutional Convention; 52. Proposed by the Legislature. XV. SCHEDULE 91 51. Laws in Force Remain Valid; 2. Fines, Penalties and Forfeitures; 53. Recog- nizances, Bonds, Obligations; 54. Present County Courts Continued; 55. All Existing Courts Continued; 56. Persons now in Office Continued. PREAMBLE. We. the people of the State of Illinois grateful to Almighty God for the civil, political and religious liberty which He hiith so long p.Tmitled us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations in order to form a more perfect govern- ment, establish justice, insure domestic tranquility, provide for the common de- fense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity ; do ordain and establish this constitution for the State of Il- linois. ARTICLE I.-BOUNDARIES. The boundaries and jurisdiction of the State shall be as follows, to-wit : Begin- ning at the mouth of the \Vabash river ; thence up the same, and with the line of Indiana, to the northwest corner of said State ; thence east, with tne line of the 68 CRAWFORD'S CIVIL GOVERNMENT. same State, to the middle of Lake Michigan ; thence north, along the middle of said lake, to north latitude 43 degrees and 30 minutes; thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river, along its northwestern shore, to the place of beginning: Provided, that this State shall exercise such jurisdiction upon the Ohio river as she is now entitled to, or such as may hereafcer be agreed upon by this State and tlie State of Kentucky. ARTICLE II. BILL OF RIGHTS. 5 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 protection 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, without due pro- cess of law. 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 capacity, on account of his religious opin- ions; but the liberty of conscience hereby secured shall not be construed to dis- pense with oaths or affirmations, excuse acts of licentiousness, or justify practices Inconsistent with the peace or safely of the State. No person shall be required 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. 5 4. Every person may freely speak, write and publish on all subjects, being re- sponsible for the abuse of that liberty; and in all trials for libel, both civil and crim- inal, 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. 6. The right of the people to be secure in their persons, bouses, papers, and ef- fects, against unreasonable searches and seizures, shall not be violated; and no war- rant shall issue without probab'e cause, supported by affidavit, particularly describ- ing the place to be searched, and the person or things to be seized. 7. All persons shall be bailable by sufficient sureties, except for capital offens- es, 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 indict- ment of a grand jury, except in cases in which the punishment is by fine, or impris- onment otherwise than in the penitentiary, in cases of impeachment, and incases arising in the array 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. 5 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 im- partial jury of the county or district.in which the offense is alleged to have been com- mitted. 5 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 per- son 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 CONSTITUTION OF THE STATE OF ILLINOIS. 69 his estate for the benefit of his creditors, in such manner as shall be prescribed by aw; or in cases where there is strong presumption 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 ascertain- ed by a jury, asshall be prescribed by law. The fee of land taken for railroad tracks without consent of the ownrs thereof, shall remain in such owners, subject to the use for which it is taken. 14. No i x post facto law, or law impairing the obligation of contracts, or mak- ing any irrevocable grant of special privileges or immunities, shall be passed. 15, The military shall be in strict subordination to the civil power. 5 16. No soldier shall, in tune 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 manner 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 per- mitted. ARTICLE IV. LEGISLATIVE DEPARTMENT. 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. ELECTION. 5 2. An election for members of the general assembly shall be held on the Tues- day next after the first Monday in November in the year of our Lord one thousand eight hundred and seventy, and every two years thereafter, in each county, at such places therein as may be provided by law. When vacancies occur in either house, the governor or person exercising the powers of governor, shall issue writs of elec- tion to fill such vacancies. ELIGIBILITY AND OATH. 5 3. No person shall be a senator who shall not have attained the age of twenty,- five years, or a representative who shall not have attained the age of twenty- one years. No person shall bea senator or a representative who shall not be a citizen of the United 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 terri- tory 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, member of either house of congress, or person I olding any lucrative office under the United States or this State, or any foreign government, shall have a seat in the general assembly: Provided, that appointments in the mili- tia, 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 post- masters whose annual compensation does not exceed the sum of $300), hold any office of honor or profit under the authority of this State. 70 CRAWFORD'S CIVIL GOVERNMENT. 5 4. No person who has been, or hereafter shall be, convicted of bribery, per- jury 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, accord- ing 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 5. Members of the general assembly, before they enter upon their official duties, shall take and subscribe to 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 senator (or represantative) according to the best of my ability; and that I have not, knowingly or intentionally, paid or contributed any- thing, or made any promise in the nature of a bribe, to directly or indirectly influ- ence any vote at the election at which I was chosen to fill the said office, and have not accepted, nor will I 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 give or withhold on any bili, resolution or appropriation, or for any other official act" This oath shall be administered by a judge of the supreme or circuit court, in the hall of the house to which the member is elected, and the secretary of state shall record and file the oath subscribed by each member. Any member who shall refuse to take the oath herein prescribed, shall forfeit his office, and every member who shall be convicted of having sworn falsely to, or of violating, his said oath, shall forfeit his office, and be disqualified thereafter from holding any office of profit or trust in this State. APPORTIONMENT-SENATORIAL. 5 6. The general assembly shall apportion the State every 10 years, beginning with the year 1871, by dividing the population of the State, as ascertained by the federal census, by the number 51, and the quotient shall be the ratio of representa- tion in the senate. The State shall be livided into 51 senatorial districts, each of which shall elect one senator, whose term of office shall be four years. The senators elected in the year of our Lord 1872, in districts bearing odd numbers, shall vacate their offices at the end of two years, and those elected in districts bearing even numbers, at the end of four years; and vacancies occurring by the expiration of term, shall be filled by the election of senators for the full term. Senatorial dis- tricts shall be formed of contiguous and compact territory, bounded by county lines, and contain as nearly as practicable an equal number of inhabitants; but no district shall contain less than four-fifths of the senatorial ratio. Counties contain- ing 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 tw'je the number of said ratio. NOTE. By the adoption of minority representation, 7 and 8. of this article, 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. 5 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 1872, and every two years thereafter. In all elections of repre- sentatives aforesaid, each qualified voter may cast as many votes for one candidate as there are representatsves to be elected, or may distribute the same, or equal parts thereof, among the candidates, as he shall see fit; and tne candidates highest in votes shall be declared elected. TIME OF MEETING AND GENERAL RULES. 9. The sessions of the general assembly shall commence at 12 o'clock noon, on the Wednesday next after the first Monday in January, in the year next ensuing CONSTITUTION OF THE STATE OF ILLINOIS. 71 the election of members thereof, 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 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 presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of two-thirds of all the members elected to that house, and no member shall be twice expelled for the same offense. Each house may punish by imprisonment any person, not a member who shall be guilty of dis- respect to the house by disorderly or contemptuous behavior in its presence. But no such imprisonment shall extend beyond 24 hours at one time, unless the person shall persist in such disorderly or contemptuous behavior. 10. The doors of each house and of committees of the whole shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, or to any other place than that in which the two houses shall be sitting. Each house shall keep a journal of its proceedings, wliich shall be published. In the senate at the request of two members, and in the house at the request of five members, the yeas and nays shall be taken on any question, and entered upon the journal. Any two members of either house shall have liberty to dissent from and protest, in re- spectful 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 re- jected 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 law 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 voteis 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 in- serted at length in the new act. And no act of the general assemMy shall take effect until the first day of July next after its passage, unless, in case of emergency, (which emergency shall be expressed in the preamble or body of the act), the gen- eral assembly shall, by a vote of two- thirds of all the members elected to each house, otherwise direct. PRIVILEGES AND DISABILITIES. 14. Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the general as- sembly, ami 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 appoint- ment within this State from the governor, the governor and senate, or from tlie general assembly, during the term for which he shall have been lected; and all such appointments, and all votes given for any such members for any such office or 72 CRAWFORD'S CIVIL GOVERNMENT. appointment, shall be void; nor shall any member of the general assembly be inter- ested, either directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof. PUBLIC MONEYS AND APPROPRIATIONS. 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 gov- ernment, shall contain no provisions on any other subject. 17. No money shall be drawn from the treasury except in pursuance of an ap- propriation made by law, and on the presentation of a warrant issued by the audi- tor thereon: and no money shall be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The auditor shall, within 60 days after the adjournment of each session of the gen- eral 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. 5 18. Each general assembly shall provide for all the appropriations 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 aggre- gate 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 mon- ey to be paid out of the State Treasury, from funds belonging to the State, shall end with such fiscal quarter : Provided, the State may. to meet casual deficits or failures In revenues, contract debts, never to exceed in the aggregate $350,000; and mon- eys thus borrowed shall be applied to the purpose for which they were obtained, or to pay the debt thus created, and to no other purpose; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the State in war, (for payment of which the faith of the State shall be pledged), shall be con- tracted, unless the law authorizing 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, before the vote of the people shall be taken upon the same ; and provision shall be made, atthetime, for the pay- ment of the interest annually, as it shall accrue, by a tax levied for th purpose, or from other sources of revenue; which law, providing for the payment of such inter- est by such tax, shall be irrepealable until such debt be paid : And provided fur- ther, that the law levying the tax shall be submitted to the people witli the law au- thorizing the debt to be contracted. 19. The general assembly shall never grant or authorize extra compensation, 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 express authority of law; and all such unauthorized agreements or contracts shall be null and void. Provided, the general assembly may make appro- priations for expenditures incurred in suppressing insurrection or repelling inva- sion. 5 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 pub- lic or other corporation, association or individual. PAY OF MEMBERS. 5 21. The members of the general assembly shall receive for their services the sum of $5 per day during the first session held under this constitution, and 10 cents for each mile necessarily traveled in going to and returning from the seat of gov- CONSTITUTION OF THE STATE OF ILLINOIS. 73 ernment, 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, di ectly or indirectly, for any purpose whatever: except the sum of $50 per session to each member, which shall be in full for postage, stationery, newspapers, and all other incidental expenses and perquisites; but no changeshall be made in the com- pensation of members of the general assembly during the term for which they may have been elected. The pay and mileage allowed to each member of the general assembly shall be certi flea by the speaker of their respective houses, and entered on the journals and published at the close of each session. SPECIAL LEGISLATION PROHIBITED. 22. The general assembly shall not pass local or special laws in any of the following enumerated cases, that is to say: tor- 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 se ats ; 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 am ending the charter of any town, city or village; Providing for the election of members of the board of supervisors in townships, incorporated towns or cities; Summoning or 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 offi- cers 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 rail- road tracks, or amending existing charters for such purpose; 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. 523. The general assembly shall have no power to release or extinguish, in whole or in part, the indebtedness, liability, or obligation of any corporation or in- . dividual to this State or to any municipal corporation therein. IMPEACHMENT. 5 24. The house of representatives shall have the sole power of impeachment; Hut a majority of all the members elected must concur therein. All impeachments shall be tried by the senate; and when sitting forthat purpose the senators shall be upon oath, or affirmation, to do justice according to l.iw 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 judg- ment, in such cases, shall not extend further than removal from office and disquali- 4 74 CRAWFORD'S CIVIL GOVERNMENT. flcation to hold any office of honor, profit or trust under the government of this State. The party, whether convicted or acquitted, shall, nevertheless, be liable 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 as- sembly, shall be let by contract to the lowest responsible bidder; but the general as- sembly 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 con- tracts shall be subject to the approval of the governor, and if he disapproves the same there shall be a re-letting of the contract, in such manner as shall be prescrib- ed by law. 5 26. The State of Illinois shall never be made defendant in any court of law or equity. 5 27. The .-eneral assembly shall have no power to authorize lotteries or gift enterprises, for any purpose, and shall 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 pub- lic officer after his election or appointment. 5 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 enforce- ment of said laws by such penalties and punishments as may be deemed proper. 30. The general assembly may provide for establishing and opening roads and cartways, connected with a public road, for private and public use. 31. The general assembly may pass laws permitting the owners or occupants of lands to construct drains and ditches, for agricultural and sanitary purposes, across the lands of others. 32. The general assembly shall pass liberal homestead and exemption 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 new State house, a sum exceeding, in tne aggregate, 83,500,000, inclusive of all appropriations heretofore made, without first submitting the propo- sition for an additional expenditure to the legal voters of the State, at a general elec- tion; nor unless a majority of all the votes cast at such election shall be for the pro- posed additional expenditure. ARTICLE V. EXECUTIVE DEPARTMENT. 5 1. The executive department shall consist of a Governor, Lieutenant Gov- ernor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, and Attorney General, 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 qualified. They shall, except the Lieutenant Governor, reside at the seat of government dur- ing their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law. 2. The Treasurer shall hold his office for the term of two years, and until his successor Is elected and qualified; and shall be ineligible to said office for two years next after the end of the term for which he was elected. He may be required by the Governor to give reasonable additional security, and in default of so doing his office shall be deemed vacant. CONSTITUTION OF THE STATE OF ILLINOIS. 75 ELECTION. 3. An election for Governor, Lieutenant Governor, Secretary of State, Audl- tor of Public Accounts, and Attorney General, shall be held on tlie Tuesday next after the first Monday of November, in the year of our Lord 1812, and every four years thereafter; for Superintendent of Public Instruction, on the Tuesday next after the first Monday of November, in the year 1870. and every four years thereaf- ter; 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 Representatives," who shall, immediately after the organization of the house, and before proceeding to other business, open and pub- lish 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 representatives. The person having the highest number of votes for either of said offices s-hall 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. Contested elections for all of said offices shall be determined by both houses of the general assembly, by joint ballot, In such manner as may be pre- scribed by law. ELIGIBILITY. 5. No person shall be eligible to the office of governor or lieutenant governor who shall not have attained the age of 30 years, and been for five years next pre- ceding his election a citizen of the United States and of this State. Neither the governor, lieutenant governor, auditor of public accounts, secretary of State, super- intendent 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 expe- dient. He shall account to the general assembly, and accompany his message with a statement of all moneys received and paid out by him from any funds subject to his order, with vouchers, and, at the commencement of each regular session present estimates of the amount of money required to be raised by taxation for all purposes. 8. The governor may, on extraordinary occasions, convene the general as- sembly, 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. 5 9. In case of a disagreement between the two houses with respect to the time of adjournment, the governor may, on the same being certified to him, by tin- 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. 5 10. The governor shall nominate, anil by and with the advice and consent of the senate (a majority of all the senators elected concurring by yeas and nays), appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the 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 appointment until the next meeting of the senate, when he shall nominate some person to fill such office: and 76 CRAWFORD'S CIVIL GOVERNMENT. any person so nominated, who is confirmed by the senate (a majority of all me senators elected concurring by yeas and nays), shall hold his office during the remainder of the term, and until his successor thall 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 tlie same office during the recess of the general assembly. 12. The governor shall have power to remove any officer whom he may ap- point, in case of incompetency, neglect of duty, or malfeasance in office; and lie may declare his office vacant, and fill the same as Is herein provided in other cases of vacancy. 1-3. The governor shall have power to grant reprieves, commutations and pardons.after conviction, for all offenses subject to such regulations as may be pro- vided by law relative to the manner of applying therefor. 5 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 Unitud States); and may call out the same to execute the laws, suppress insurrection, aud repel invasion. 515. The governor, and all civil officers of this State, shall be liable to impeacvi, ment for any misdemeanor in office. VETO. 16. Every bill pnssed 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, vo 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 ..* the members elected agree to pass the same, it shall be sent, together with the ob- jections, to the other house, by which it shall likewise be reconsidered; and lit approved by two-thirds of the members elected to that house, it shall become a law, notwithstanding the objections of the governor. But in all such cases the vote of each bouse shall be determined by yeas and nays, to be entered on the journa/. Any bill which shall not be returned by the governor within ten days (Sundays ei - cepted) 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 objections, in the office of the secretary of State, within ten days after such adjournment, or become a law. LIEUTENANT GOVERNOR. 5 17. In case of death, conviction on impeachment, failure to qualify, resigna- tion, 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. 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, p o ttmpore, to preside in case of the absence or impeachment 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 17 of this article, b -come incapable of perform- ing the duties of the office, the president of the senate shall act as governor unlil the vacancy is filled or tlie disability removed; and if the president of the senate, for any of the above-named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of repre- sentatives. OTHER STATE OFFICERS. 5 20. If the office of auditor or public accounts, treasurer, secretary of State, attorney-general, or superintendent of public instruction shall be vacated by deatr., CONSTITUTION OF THE STATE OF ILLINOIS. 77 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 successor 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 institu- tions of the State, of all moneys received or disbursed by them, severally, from all sources, and for every service performed, and a semi-annual report thereof be made to the governor, under oath ; and any officer who makes a false report shall be guilty of perjury, and punished accordingly. 21. The officers of the executive department, and of all the public Institu- tions of the State, shall, at least ten days preceding each regular session of the gen- eral assembly, severally report to the governor, who shall transmit such reports to the general assembly, together with the reports of the judges of the supreme court of the defects in the constitution and laws; and the governor may at anytime require information. In writing, under oath, from the officers of the executive department, and all officers and managers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices. THE SEAL OF STATE. { 22. There shall be a seal of tue State, which shall be called the "Great Seal of tne State of Illinois,'' which shall be kept by che secretary of State, and used by him. officially, as directed by law. FEES AND SALARIES. 5 23. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be increased or diminished during their official terms, and they shall not, after the expiration of the terms of those in office at r ,i\e adoption of this constitution, receive to their own use any fees, costs, perqui- sites of office, or other compensation. And all fees that may hereafter be payable by law for any service performed by any officer provided for iu this article of the constitution, shall be paid in advance into the State treasury. DEFINITION AND OATH OF OFFICE. ? 24. An office is a public position created by the constitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor elected or appointed. An employment is an agency, for a temporary purpose, which ceases when that purpose is accomplished. { 25. All civil officers, except members of the gerteral assembly, and such Infe- rior 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 I 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. 5 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. SUPREME COURT. 5 2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in mandamus, aii'l habeas corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice; 78 CRAWFORD'S CIVIL GOVERNMENT. four shall constitute a quorum, and the concurrence of four shall be necessary to every decision. 3. No person shall be eligible to the office of judge of the supreme court unless he shall beat least 30 years of age, ami a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resi- dent 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 other- wise provided by law, one or more terms of said court shall be held, for the north- ern 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 diminished 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 denominated Southern, Central and Northern, until otherwis^ provided bylaw. The State shall be divided into seven districts for the election of judges, and, until otherwise pro- vided by law, they shall be as follows: First district. The counties of St. Glair, 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, Law- rence, Crawford, Jasper, Effinghain, Fayette, Montgomery, Macoupin, Shelby Cumberland, Clark, Greene, Jersey, Calhoun and Christian. Third District. The counties of Sangamon, Macon, Logan, De Witt, Piatt, Douglas, Champaign, Vermilliou, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. Fourth District. The counties of Fulton, McDonough, Hancock, Schuyler, Brown, Adams, Pike, Mason, Menaril, 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. Seventh District. The counties of Lake, Cook, Will, Kankakee and Du Page. The boundaries of the districts may be changed at the session of the general assembly next preceding the election for judges therein, and at no other time; but whenever such alteration 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 will permit. The alteration of the districts shall not atfect the tenure of office of any judfre. 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 num- bered two, three, six and seven, who shall hold his office for the term of nine years from the first Monday of June, in the year of our Lord 1870. The term of office of judges of the supreme court, elected after the adoption of this constitution, shall be nine years; and on the first Monday of June of the year in which the term of any of the judges in office at the adoption of this constitution, or of the judges then elected, shall expire, and every nine years thereafter, there shall be an election for the suc- cessor 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 $4,000 per annum, payable quarterly, uut I CONSTITUTION OF THE STATE OF ILLINOIS. 79 otherwise provided by law. And after said salaries shall be fixed by law, the sala- ries of the judges in office shall not be increased or diminished during the terms for which said judges have been elected. 5 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 for representatives in the general assembly, happening next preceding the expiration of the terms of offic J of the present clerks of said court, one clerk of said court for each division shall be elected, whose term of office shall be for 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 cleik of said court for each division shall be elected. APPELLATE COURTS. 11. After the year of our Lord 1874, inferior appellate courts, of uniform or- ganization and jurisdiction, may be created in districts formed for that purpose, to which such appeals and writs of error as the general assembly may provide may be prosecuted from circuit and other courts, and from which appeals and writs of error shall lie to the supreme court, in all criminal cases, and cases in which a fran- chise, 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 number 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 counties having a population of 100,000, shall lie-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 100,000 of population in the State. One judge shall be elected for each of said circuits by the electors thereof. New ciruits 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 ses- sion of the general assembly after the adoption of this constitution. 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 50,000, shall occupy nine months of the year, the general assembly may make of such county or c pimties a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be ob- served. 5 14. The general assembly shall provide for the times of holding court in each county, whicli 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 1873, and every six years thereafter. 15. The general assembly miy divide the State into judicial circuits of greater population and territory, in lieu of the circuits provided for in section 13 of this 80 CRAWFORD'S CIVIL GOVERNMENT. article, and provide for the 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 $3,000 per annum, payable quarterly, until other- wise 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, respec- tively, elected; and from and after the adoption of this constitution, no judge of the supreme or circuit court shall receive any other compensation, perquisite or benefit, in any form whatsoever, nor perform any other than iudicial duties to whicli may belong any emoluments. 17. 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," unless he shall be at least 25 years of age, and a citizen of the United States, nor unless he shall have resided iu 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. 5 18. There shall be elected iu 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 guardians and conservators, and settle- ments of their accounts; in all matters relating to apprentices, and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may be provided for by general law. 5 19. Appeals and writs of error shall be allowed from final determinations 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 50,000, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and in the same manner. Said courts, when established, shall have original jurisdiction of all probate matters, the settlement of estates of deceased persons, the appointment of guardians and conservators, and settlement of their accounts; in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts. 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. 5 22. At the election for members of the general assembly in the year of our Lord 1872, and every four years thereafter, there shall be elected a State's attorney in and for each county, in lieu of the State's attorneys now provided by law, whose term of office shall be four years. CONSTITUTION OF THE STATE OF ILLINOIS. 81 COURTS OF COOK COUNTY. $ 23. Thecountyof Cook shall be one judicial circuit. The circuit court of Cook coun y 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 qualified. The superior court of Chicago shall be continued, and called the superior court of Cook county. The general assembly may increase the number of said judges, by adding one to either of said courts for every additional 50,000 inhabitants in said county over and above a pop- ulation of 400.000. 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 lie is judge. In case there are two or more whose terms expire at the same rime, 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, payable 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 during their continu- ancejiii office. 26. The recorder's court of the city of Chicago shall be continued, 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 jurisdiction in civil cases, except those on behalf of the people, and incident to such criminal or gu*i*i 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 ea>offlcio judges of said court. 27. The present clerk of the recorder's court of the city of Chicago shall be the clerk of the criminal court of Cook county during the term for which he was elected. The present clerks of the superior court of Chicago, and the present clerk of the circuit court of Cook county, shall continue in office during the terms for which they were respectively elected; and thereafter there shall be but one clerk of the superior court, to be elected by the qualified electors of said county, who shall hold his office for the term of four years, and until his successor is elected and qualified. 28. All justices of the peace in the city of Chicago shall be appointed 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 commissioned and qualified, but they may be removed by summary proceedings in the circuit or superior court, for extortion or other malfeasance. Existing justices of the peace and police magistrates may hold their offices until the expiration of their respective terms. GENERAL PROVISIONS. 29. All judicial officers shall be commissioned by the governor. All laws re- lating 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 F 82 CRAWFORD'S CIVIL GOVERNMENT. 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. { 30. The general assembly may, for cause entered on the journals, 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. 531. 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 omissions in the laws as their experience may suggest; and the judges of the supreme court shall, on or before the first day of January of each year, report in writing to the governor such defects and omissions in the constitution and laws as they may find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws. And the judges of the several circuit courts shall report to the next general assembly the number of days they have held court in the several counties composing their respective cir- cuits the preceding two years. 32. AH 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 maj 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 maybe provided by law. Vacancies in sucli elective offices shall be filled by election; but where the unexpired term does not exceed one year, the vacancy shall be filled by appoint- ment, 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 commissioners In the county where the vacancy occurs. 5 33. All process shall run: In the name r>f the People nf the State of Illinois; and all prosecutions shall be carried on: In the name and by the a ttharity of the Peopleof th^Stiteof Illinois; and conclude: Against the peace and dignity of the same " Population," wherever used in this article, shall be determined by the next preceding census of this State, or of the United States. AKTICLE VII. SUFFRAGE. 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 ele-ction therein, who was an elector in this State on the first day of April, in the year of our Lord 1848, or obtained a certificate of naturalization before any court of record in this State prior to the first day of January, in the year of our Lord 1870, or who shall be male citizen of the United States, above the age of twenty-one years, shall be entitled to vote at such election. 5 2. All votes shall be by ballot. 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of election, except in time of war or public danger. 4. No elector shall be deemed to have lost his residence in this State by reason of his absence on business of the United States, or of this State, or in the military or naval 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. 5 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. CONSTITUTION OF THE STATE OF ILLINOIS. S3 7. The general assembly shall pass laws excluding from the right of suffrage persons convicted of infamous crimes. ARTICLE VIII.-EDUCATION. 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. a. All lands, moneys, or other property, donated, granted, or received, for school, college, seminary or university purposes, and theprocee .s thereof, shall be faithfully applied to the objects for which such grants were ir.ade. 3. Neither the general assembly, nor any county, city, town, 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 sustain any school, academy, seminary, college, uni- versity, or other literary or scientific institution, controlled by any church or sec- tarian 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. 4. No teacher, State, county, township, or district school officer shall be in- terested in the sale, proceeds or profits of any book, apparatus or furniture, used or to be used, in any school in this State, with which such officer or teacher may be connected, under such penalties as may be provided by the general assembly. 5 5. There maybe 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. 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 mer- chants, showmen, jugglers, inn-keepers, grocery keepers, liquor dealers, toll bridges, ferries, insurance, telegraph 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 diiect by general law, uniform as to the class upon which it operates. 5 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. 5 3. The property of the State, counties, and other municipal corporations, both real and personal, and such other property as maybe used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charit- able purposes, may be exempted from taxation; but such exemption shall be only by general law. In the assessment of real estate incumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property. 5 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 assess- in nisshi'l be Iliads to some general officer of the county having authority to re- eejve State and county taxes; and there shall be no sale of said pronrt" fn- tuy of 84: CRAWFORD'S CIVIL GOVERNMENT. 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 whatever, shall exist in favor of owners and persons interested in such real estate for a period of not less than two years from such sales thereof. And the general assembly shall provide by law for reasonable notice to be given to the owners or parties 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 expire: Provided, that occupants shall in all cases be served with personal notice before the time of redemption expires. $ 6. The general assembly shall have no power to release or discharge any county, city, or township, town or district whatever, or the inhabitants thereof, or the property therein, from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form Whatsoever. 5 7. All taxes levied for State purposes shall be paid into the State treasury. 8. County authorities shall never assess taxes, the aggregate of which shall exceed 75 cents per $100 valuation except for the payment of indebtedness existing at the adoption of this constitution, unless authorized by a vote of the people of the county. 9. The general assembly may vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessment or by special taxation of contiguous property, or otherwise. For all other corporate pur- poses, all municipal corporations may be vested with authority to assess and collect taxes, but such taxes shall be uniform in respect to persons and property within the jurisdiction of the body imposing the same. 10. The general assembly shall not impose taxes upon municipal corpora- tions, or the inhabitants or property thereof, for corporate purposes, but shall re- quire 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 corporation. 11. No person who is in default, as collector or custodian of money or proper- ty belonging to a municipal corporation shall be eligible to any office in or under such corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office shall be increased or diminished during such term. 12. No county, city, township, school district, or othei 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, incurring any indebtedness as aforesaid, shall, before, or at the time of doing so, provide for the collection of a di- rect 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 con- tracting the same. This section shall not be construed to prevent any county, city, t iwnship, 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. ARTICLE X-COUNTIES. 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 400 square miles; nor shall any county be formed of less CONSTITUTION OF THE STATE OF ILLINOIS. 85 contents: nor shall any line thereof pass within less than ten miles of any county seat of the county or counties proposed to be divided. { 2. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the 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. 5 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 t!ie portion so stricken off and add- ed to another county, or formed in whole or in part into a new county, shall be hold- en for, and obliged to pay, its proportion of the indebtedness of the county from which it has been taken. COUNTY SEATS. 4. No county seat shall be removed until the point to which It is proposed to be removed shall be fixed in pursuance of law, and three-fifths of the voters of the county, to be ascertained in such manner as shall be provided by general law, shall have voted in favor of its removal to such point; and no person shall vote on such question who has not resided in the county six months, and in the election precinct ninety days next preceding such election. The question ol 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 centre of a county, then a majority vote only shall be necessary. COUNTY GOVERNMENT. 5 5. The general assembly shall provide, by general law, for township organiz- ation, under which any county may organize whenever a majority of the legal vot- ers of such county, voting at any general election, shall so determine and whenever any county shall adopt township organization, 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 a manner as the 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 having 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. (5. 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 lor the transaction of county business as shall be provided by law. One of said commissioners shall hold his office for one year, one for two years, and one for three years, to be determined by lot; and every year thereafter one such officer shall be elected in each of said counties for the term of three years. 5 7. The county affairs of Cook county shall be managed by a board of commis- sioners 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 COUNTY OFFICERS AND THEIR COMPENSATION. * 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 tirst Monday in November A.D. 1884, a coroner and * NOTE. Sec. 8 is an amendment adopted Nov. 2, 1880. 86 CRAWFORD'S CIVIL GOVERNMENT. clerk of thecircuit court (who may be ex-nfficio recorder of deeds, except in coun- ties having 60,000 or 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 respectively on the first Monday of December after his elec- tion, and they shall hold their respective offices for the term of four years and until 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. 9. The clerks of all the courts of record, the treasurer, sheriff, coroner and recorder of deeds of Cook county, shall receive as their only compensation for their services, salaries to be fixed by law, which shall in no case be as much as the lawful compensation of a judge of the circuit court of said county, and shall be paid respectively, only out of the fees of the office actually collected. All fees, perqui- sites, 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 compen- sation shall be determined by the county board. 10. The county board, except as pro-vided in 9 of this article, shall fix the compensation of all county officers, with the amount of their necessary clerk hire, stationery, fuel, and other expenses, and in all cases where fees are provided for, said compensation 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 81,500 in counties not exceeding 20,000 inhabitants; 82,000 in counties containing 20,000 and not exceeding 30,000 inhabitants; $2,500 in counties containing 30,000 and not exceeding 50,000 inhabitants; $3,000 in counties containing 50,000 and not exceeding 70,000 inhabitants; $3,500 in counties containing 70,000 and not exceed- ing 100,000 inhabitants; and $4,000 in counties containing over 100,000 and not exceeding 250,000 inhabitants; and not more than $1,000 additional compensation for each additional 100,000 inhabitants: Provided, that the compensation of no officer shall be increased or diminished during his term of office. All fees or allow- ances by them received, in excess of their said compensation, shall be paid into the county treasury. 11. The fees of township officers, and of each class of county officers, shall be uniform In the class of counties to which they respectively belong. The compensa- tion 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. 12. All laws fixing the fees of State, county and township officers, shall terminate witli 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 gen- eral assembly shall, by general law, uniform in its operation, provide for and regu- late the fees of said officers and their successors, so as to reduce the same to a rea- sonable compensation for services actually rendered. But the general assembly may, by general law, classify the counties by population into not more than three classes, and regulate the fees accorning 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 required 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. 1. No corporation shall be created by special laws, or its charter extended, Changed or amended, except those for charitable, educational, penal, or reforma- tory purposes, which are to be and remain under the patronage and control of the CONSTITUTION OF THE STATE OF ILLINOIS. 87 State, but the general assembly shall provide, by general laws, for the organization of all corporations hereafter to be created. 5 2. All existing charters or grants of special or exclusive privileges, under which organization shall not have taken place, or which shall riot have been in op- eration 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 elections for direct- ors 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 directors multi- plied 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. 4. No law shall be passed by the general assembly granting the right to con- struct 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 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 company or association for banking purposes, now created, or to be hereafter created. No act of the general assembly authorizing or creating corporations or associations, with banking pow- ers, 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. 5 6. Every stockholder in a banking corporation or institution shall be individ- ually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such stockholder. 7. The suspension of specie payments by banking institutions, on their circu- lation, 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. 5 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 moneys, 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 percent, below par, the bank or banks owning said stocks shall be required to make up said deficiency by depositing additional stocks. And said law shall also provide for the recording of the names of all stockholders in such corpo- rations, 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 of its stock, and the amounts owned by them, respectively; the amount of stock paid 88 CRAWFORD'S CIVIL GOVERNMENT. in, and by whom; the transfers of said stock; the amount of its assets and liabilities, and the names and place of residence of its officers. The directors of every railroad corporation shall, annually, make a report, under oath, to the auditor of public ac- counts, 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 pro- visions of this section. 10. The rolling stock, and all other movable property belonging to any rail- road company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal prop- erty 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 stockholders, in such manner as may be provided by law. A ma- jority of the directors of any railroad corporation, now incorporated or hereafter to be incorporated by the laws of this State, shall be citizens and residents of this State. 12. Railways heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public 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 assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State. 13. No railroad corporation shall issue any stock or bonds, except for money, labor or property actually received, and applied to the purposes for which such cor- poration was created; and all stock dividends, and other fictitious increase of the capital stock or indebtedness of any such corporation, shall be void. The capital stock of no railroad corporation shall be increased for any purpose, except upon giving sixty days' public notice, in such manner as may be provided by law. 14. The exercise of the power, and the right of eminent 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 subject- ing them to the public necessity the same as of individuals. The right of trial by jury shall be held inviolate in all trials of claims for compensation, when, in the. ex- ercise of the said right of eminent domain, any incorporated company shall be in- terested either for or against the exercise of said right. 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 enforce such laws, by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and fran- chises. ARTICLE XII.-MILITIA. 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 s uch 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, snail conform as nearly as practicable to the regulations for the government of tlie 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 assembly may provide. 4. The militia shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at musters aiid elections, and in going to and returning from the same. CONSTITUTION OF THE STATE OF ILLINOIS. 89 5 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 ic shall be the duty of the general assembly to provide by law for the safe keeping of the same. 5 ti. No person having conscientious scruples against bearing arms shall be compelled to do military duty in time of peace: Provided, such person shall pay an equivalent for such exemption. ARTICLE XIII. WAREHOUSES. 1. All elevators or storehouses where grain or other property is stored for compensation, whether the property stored be kept separate or not, are declared to be public warehouses. 2. The owner, lessee or manager of each and every public warehouse situated In any town or city of not less than 100,000 inhabitants, shall make weekly state- ments, under oath, before some officer to be designated by law, and keep the same posted in some conspicuous place in tlie office of such warehouse, and shall also file a copy for public examination in such place as shall be designated by law, which statement shall correctly set forth the amount and grade of each and every kind of grain in such warehouse, together with such other property as may be stored therein, and what warehouse receipts have been issued, and are, at the time of making such statement, outstanding 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 diiferent grades of grain shipped in separate lots shall not be mixed with inferior 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 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. 5 4. All railroad companies and other common carriers on railroads 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 5. All railroad companies receiving and transporting grain, in bulk or other- wise, shall deliver the same to any consignee thereof, or any eleva or 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 caii be used, by such railroad companies; and all railroad companies shall permit connections to be made with their track, so that any such consignee, and any public warehouse, coal bank or coal yard, may be reached by the cars on said rail- road. 6. It shall be the duty of the general assembly to pass all necessary laws to prevent the issue of false and fraudulent warehouse receipts, and to give full effect to this article of the constitution, which shall be liberally construed so as to protect producers and shippers. And the enumeration of the remedies herein named shall not be construed to deny to the general 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 remedies. 5 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 XI. AMENDMENTS TO THE CONSTITUTION. 5 1. Whenever two-thirds of the members of each house of the general assembly shall, by a vote entered upon the journals thereof, concur that a convention is nec- essary 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, provide for a con- vention, to consist of double the number of members of the senate, to be elected in 90 CRAWFORD'S CIVIL GOVERNMEMT. the same manner, at the same places, and in the same districts. The general assem- bly shall, in the act calling the convention, designate the day, hour, and place of its meeting, fix the pay of its members and officers, and provide for the payment of the same, together with expenses necessarily incurred by the convention In the performance of its duties. Before proceeding, the members shall take an oath to support the constitution of the United Stat.is. and of the State of Illinois, and to faithfully discharge their duties as members of the convention. The qualification of members shall be the same as that of members of the senate, and vacancies occur- ring shall be filled in the manner provided for filling vacancies in the general assem- bly. Said convention shall meet within three months after such election, and pre- pare such revision, alteration or amendments of the constitution as shall be deemed necessary, which shall be submitted to the electors for their ratification or rejec- tion, at an election appointed by the convention for that purpose, not less than two nor more than six months after the adjournment thereof; and unless so submitted and approved by a majority of the electors voting at the election, no such revision, alterations 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 mem- bers 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 members 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 amendments, they 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. SEPARATE SECTIONS. No contract, obligation, or liability whatever, of the Illinois Central Railroad Company, to pay any money into the State treasury, nor any lien of the State upon, or right to tax property of said company, in accordance with the provisions of the charter of said company, approved February 10, in the year of our Lord 1851, shall ever be released, suspended, modified, altered, remitted, or in any manner dimin- ished 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. MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR PRIVATE CORPORA- TIONS. No county, city, town, township, or other municipality, shall ever become sub- scriber to the capital stock of any railroad or private corporation, or make dona- tion to or loan its cretlit in aid of such corporation: Provided, however, that the adoption of this article shall not be construed as aifecting the right of any such municipality to make such subscriptions where the same have been authorized, under existing laws, by a vote of the people of such municipalities prior to such adoption. CANAL. The Illinois and Michigan Canal shall never be sold or leased until the specific proposition for the sale or lease thereof shall first have been submitted to a vote of the people of the State at a general 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 thereof, in aid of rail- CONSTITUTION OF THE STATE OF ILLINOIS. 01 roads or canals: Provided, that any surplus earnings of any canal may be appro- priated for its enlargement or extension. SCHEDULE. That no inconvenience may arise from the alterations and amendments 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 therewi h, and all rights, actions, prosecutions, claims, and contracts of this State, individuals, or bodies corporate, shall continue to be as valid as if this constitution had not been adopted. 5 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. 5 3. Recognizances, bonds, obligation, and all other instruments entered into or executed before the adoption of this constitution, to the people of the State of Illinois, to any State or county officer or public body, shall remain binding and valid; and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of this State. 4. County courts for the transaction of county business in counties not having adopted township organization, shall continue in existence and exercise their pres- ent jurisdiction until the board of county commissioners provided in this constitu- tion is organized in pursuance of an act of the general assembly; and the county courts in all other counties shall have the same power and jurisdiction they now possess until otherwise provided by general law. 5 5. All existing courts which are not in this constitution specifically enumer- ated, shall continue in existence and exercise their present jurisdiction until otherwise provided by law. 6. All persons now filling any office or appointment shall continue in the exercise of the duties thereof according to their respective commissions or ap- pointments, unless by this constitution it is otherwise directed. 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 districts, 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, ami the election shall be otherwise conducted, returns made and certificates issued, in accordance with existing laws, except that no registry stall 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 againstthe adoption of this constitution, it shall appear that there has been polled a greater number against than for it, then no certificates of election shall be issued for any of said supreme or circuit judges. 8. 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, A. D. 1870, 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 rail- roads, in the article entitled corporations; The article entitled counties; The article entitled warehouses; The question of requiring three-fifths vote to remove a county seat; The section relating to the Illinois Central railroad; The section relating to minority representation; The section relating to municipal subscriptions to railroads or private corpora- tions, and 92 CRAWFORD'S CIVIL GOVERNMENT. The section relating to the canal. Every person entitled to vote under the provisions of this constitution, as de- fined 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 ques- tions aforesaid, separately submitted; and the said qualified electors shall vote at the usual places of voting, unless otherwise provided, and the said elections shall be conducted, and returns thereof made, according to the laws now in force re- gulating 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-lists 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 canceled with ink or pen- cil; and against all propositions which are so canceled. 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 sections relating to the Illinois Central railroad. For the section relating to minority representation. For the section relating to municipal subscriptions to railroads or private cor- porations. For the section relating to the canal. Each of said tickets shall be counted as a vote cast for each proposition thereon not canceled with ink or pencil, and against each proposition so canceled, and returns thereof shall be made accordingly by the judges of election. 11. The returns of tlie whole vote cast, and of the votes for the adoption or rejection of this Constitution, and for or against the articles and sections respective- ly submitted, shall be made by the several county clerks, as is now provided bv law, to the Secretary of State, within twenty days after the election; and the returns of the 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 Con- stitution," then so much of tliis Constitution as was not separately submitted to be voted on by articles and sections sliall be the supreme law of the State of Illinois, on and after Monday, the 8th day of August, A. D. 1870 ; 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, relating to railroads in the said article, shall be a part of the Constitution of this State; but if a majority of said votes are against such sections, they shall be null and void. If a majority of the rotes polled are "for the article entitled 'counties,' " such article shall be a part of CONSTITUTION OF THE STATE OF ILLINOIS. 93 the Constitution of this State, and shall be substituted for article seven in the present Constitution, entitled "counties;" but if a majority 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 a part of the Constitution of tliis 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 "Illinois Central railroad," "minority representation," "municipal subscriptions 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 "mi- nority representation ' shall not be declared adopted unless the portion of the Con- stitution not separately submitted to be voted on by articles and sections shall be adopted; and in case said section relating to "minority representation" shall be- come a portion of the Constitution, it shall be substituted for sections seven and eight of the legislative articles. If a majority of the votes cast at such election shall be for a three-fifths vote to remove a county seat, then the words "a ma- jority" 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 majority of the votes as aforesaid, then the same shall have no effect whatever. 13. Immediately after the adoption of this Constitution, the Governor and Secretary of State shall proceed to ascertain and flx the apportionment of the State for members of the first house of Representatives under this Constitution. The ap- portionment shall be based upon the federal census of the year A. D. 1870, of the State of Illinois, and shall be made strictly in accordance with the rules and princi- ples announced in the article on the legislative department of this Constitution : Provided, that in case the federal census aforesaid cannot be ascertained prior to Friday, the 23d day of September, A. D. 1870, then the said apportionment shall be based upon the State census of the year A. D. 1865, in accordance with the rules and principles aforesaid. The Governor shall, on or before Wednesday, the 28th day of September, A. D. 1870, make official announcement of the said apportionment, under the great seal of the State, and one hundred copies thereof, duly certified, shall be forthwith transmitted by the Secretary of State toeach county clerk for dis- tribution. 14. The districts shall be regularly numbered by the Secretary of State, com- mencing with Alexander County as N.. 1, and proceeding thence northwardly through the State, and terminating with the county of Cook; but no county shail be numbered as more than one district, except the county of Cook, which shall consti- tute three districts, each embracing the territory contained in the now existing rep- resentative districts of said county. And on the Tuesday after the first Monday in November, A. D. 1870, 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 November, A. D. 1870, two senators shall be elected in dis- tricts where term of senators expire on the first Monday of January, A. D. 1871, or where there shall be a vacancy, and in the remaining districts one senator shall be elected. Senators so elected shall hold their office for two years. 5 16. The general assembly, at its first session held after the adoption of this Constitution, shall proceed to apportion the State for members of the senate and 94: CRAWFORD'S CIVIL GOVERNMENT. house of representatives, iu accordance with the provisions of the article on the leg- islative 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 this State, or in case of vacancies, to the coroners, for the election of all the officers, the time of whose election i s 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 tlie executive, legislative and judicial proceedings, shall be couducted, 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 population over sixty thousand, shall continue to be recorders (ex 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 sal- ary provided for in this Constitution, receive the compensation now provided by- law until the adjournment of the first session of the general assembly after the adop- tion of this Constitution. 22. The present judge of the circuit court of Cook county shall continue to hold the circuit court of Lake county until otherwise provided by law. 5 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 upou each dollar's worth of taxable property in addition to all other taxes, as set forth iu article fifteen of the now existing Constitution, shall cease to be as- sessed after the year of our Lord one thousand eight hundred and seventy. 24. Nothing contained in this Constitution shall be so construed as to deprive the general assembly of power to authorize the city of Quincy to create any indebt- edness for railroad or municipal purposes, for which the people of said city shall have voted, and to which they shall have given, by such vote, their assent, prior to the thirteenth day of December, iu the year of our Lord one thousand eight hun- dred and sixty-nine: Provided, that no such indebtedness so created shall in any part thereof be paid by the State, or from any State revenue, tax or fund, but the same shall be jiaid, if at all, by the said city of Quincy alone, and by taxes levied upon the taxable property thereof : And provided further, that the general assem- bly shall have no power in the premises that it could not exercise under the present Constitution of this State. 25. In case this Constitution and the articles and sections submitted sepa- rately 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. 526. The provisions of this Constitution required to be executed prior to the adoption or rejection thereof shall take effect and be in force immediately. 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. - THE FOLLOWING AMENDMENT TO SEC. 31, ART. 4, WAS ADOPTED IN 1878: The General Assembly may pass laws permitting the owners of lands to con- struct drains, ditches and levees for agricultural, sanitary, or mining purposes, across the lands of others, and provide for the organization of drainage districts, and vest the corporate authorities thereof with power to construct and maintain levees, drains and ditches, and to keep in repair all drains, ditches, and levees here- tofore constructed under the laws of this State, by special assessments upou the properly benefited thereby. CONSTITUTION OF THE USITED STATES. [\Ventintooperationonthe first Wednesday in March, 1789.1 PREAMBLE. WK, the people of the United States, In order to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of AmeriCa ' ARTICLE I. OP THE LEGISLATIVE POWER. SECTION 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. OF THE HOUSE OP REPRESENTATIVES. SEC. 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State Legislature. No person shall be a Representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by addingto the whole numberof free persons, Including those bound to service for a term of years, and excluding Indians not taxed, three- fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative; and, until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five. New York six. New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten. North Carolina five, South Carolina five, and Georgia three. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. The House of Representatives shall choose their speaker and other officers; and shall have the sole power of impeachment. OP THK SENATE. SEC. 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years; and each Senator shall have one vote. Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Sen- ators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at tlie expi- ration of the sixth year, so that one-third may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the executive thereof may make temporary appointments until the next meeting of the Legislature, which shall then fill such vacancies. 96 CRAWFORD'S CIVIL GOVERNMENT. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. The Vice-President of the United States shall be President of the Senate, but shall have no vote, unless they shall be equally divided. The Senate shallchoose their other officers, and shall have a President pro tempore, In the absence of the Vice-President, or when he shall exercise the office of Presi- dent of the United States. The Senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside; and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit, under the United States; but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law. MANNER OP ELECTING MEMBERS. SEC. 4. The times, places and manner of holding elections for Senators and Kepresentatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the places of choosing Senators. CONGRESS TO ASSEMBLE ANNUALLY. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day. POWERS. SEC. 5. Each house shall be the judge of tiie elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do busi- ness; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. Each house shall keep a journal of its proceedings, and from timeto time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. COMPENSATION, ETC., OF MEMBERS. SEC. 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, 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. No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time; and no person holding any office under the United States, shall be a member of either house during his continuance in office. MANNER OF PASSING BILLS, ETC. SEC. 7. All bills for raising revenue shall originate in the House of Representa- tives; but the Senate may propose or concur with amendments as on other bills. Every bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his objections, to CONSTITUTION OF THE UNITED STATES. 97 that house In which It shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two- thirds of that house shall agree to pass the bill, 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 that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had si ned it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution or vote, to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or being disapproved by him. shall be re- passed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill. POWER OP CONGRESS. SEC. 8. The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general wel- fare of the United States; but all duties, imposts and excises shall be uniform throughout the United States; To borrow money on the credit of the United States; To regulate commerce with foreign nations, and among the several States, and with the Indian tribes; To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States; To coin money, regulate the value thereof, and of foreign coin, and fix the stan- dard of weights and measures; To provide for the punishment of counterfeiting the securities and current coin of the United States; To establish post-offices and post-roads; To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and dis- coveries; To constitute tribunals inferior to the Supreme Court ; To define and punish piracies and felonies comuiitied on the high seas, and offenses against the law of nations: To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years; To provide and maintain a navy; To make rules for the governmentand regulation of the land and naval forces; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions; To pro vide for organizing, arm ing and disci pi in ing the militia, and for governing surh part of them as may be employed in the service of the United States, reserving to tin- states respectively the appointment of the officers, and Hie authority of train- ing the militia according to the discipline prescribed by Congress; To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may. by cession of particular States, and the acvpt- ance of Congress, become the seat of the government of the United States, and to exeroise like authority over all places purchased by the consent of the Legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards and other needful buildings; and To make all laws which shall be necessary and proper for carrying into execu- tion the foregoing powers, and all other powers vested by this Constitution iu the government of the United States, or iu any department or officer thereof. 98 CRAWFORD'S CIVIL GOVERNMENT. LIMITATION OP THE POWERS OP CONGRESS. SEC. 9. The migration or importation of such persons as any of the States nojs existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. 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. No bill of attainder or ex post facto law shall be passed. No capitation, or other direct tax shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. No tax or duty shall be laid on articles exported from any State. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of another; nor shall vessels bound to, or from, one State, be obliged to enter, clear or pay duties in another. No money shall be drawn from the treasury, but in consequence of appropria- tions made by law ; and a regular statement and account of the receipts and expendi- tures of all public money shall be published from time to time. No title of nobility shall be granted by the United States ; and no person holding any office of profit or trust under them shall, without the consent of the Congress, accept of any present, emolument, office or title, of any kind whatever, from any king, prince or foreign State. LIMITATION OP THE POWERS OP THE INDIVIDUAL STATES. SEC. 10. No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make any tiling but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts or grant any title of nobility. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary lor executing its inspection laws; and the net produce of all duties and imposts, laiy and with the advice and consent of the Senate, shall appoint ambassa- dors, other public ministers and consuls. Judges of the Supreme Court, and all other officers of the United States, whose appointments are not herein otherwise provided for, and wliich sliall be established by law; but the Congress may by law vetthe appointment of such inferior officers, as they think proper, in the President alone, in the Courts of law, or in the heads of departments. The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. * Altered by the 12th Amendment. See page 322. 100 CRAWFORD'S CIVIL GOVERNMENT. SEC. 3. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. OFFICERS REMOVED. SEC. 4. The President, Vice-President, and all civil officers of the United States, shall be removed from office, on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. OF THE JUDICIARY. SECTION 1. The judicial power of the United States shall be vested in one Supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the Supreme and inferior Courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation which shall not be diminished during their continuance in office. SEC. 2. (The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime jurisdiction; to controversies to which the United States shall be a party; to controversies between two or more States; between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects. 4 ) JURISDICTION OF SUPREME COURT. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdic- tion. In all the other cases before mentioned, the Supreme Court shall have appel- late jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. OF TRIALS FOR CRIMES. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been commit- ted; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed. OF TREASON. SEC. 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No ivrson shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open Court. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV. STATE ACTS. SECTION !. Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. Altered by the llth Amendment. See page 322. CONSTITUTION OF THE UNITED STATES. 101 PRIVILEGES OP CITIZENS. SEC. 2. The citizens of each State shall be entitled to all privileges and immuni- ties of citizens in the several States. A person charged in any State with treason, felony or other crime, who shall fine from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up, to be removed to the State having jurisdiction of the crime. RUNAWAYS TO BE DELIVERED UP. No person held to service or labor in one State, under the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. NEW STATES. SEC. 3. New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the junction of two or more States, or parts of States, with- out the consent of the Legislatures of the States concerned as well as of the Congress. TERRITORIAL ANL) OTHER PROPERTY. The Congress shall have power to dispose of, and make all needful rules and regulations respecting, the territory, or other property belonging to the United States; and nothing in tills Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. SEC. 4. The United States shall guarantee to every State in this Union a republi- can form of government, and shall protect each of them against invasion; and, on application of the Legislature, or of the Executive (when the Legislature can not be convened), against domestic violence. ARTICLE V. AMENDMENTS. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this Constitution ; or, on the application of the Legislatures of two-thirds of the several States, shall call a Convention for proposing amend- ments, which, in either case, shall be valid to all intents and purposes, as partof this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by Conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by Congress; provided, that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any man- ner affect the first and fourth clauses in the ninth Section of the first Article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate. ARTICLE VI. DEBTS. All debts contracted, and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution as under the Confederation. SUPREME LAW OP THE LAND. This Constitution, and the laws of the United States which shall be made in pur- suance thereof, and all treaties made, or which shall be made, under the authority of the United States shall be the supreme law of the land; and the Judges in every State shall be bound thereby, any thing in the Constitution or laws of any State to the contrary notwithstanding. OATH. NO RELIGIOUS TEST. The Senators and Representatives before mentioned, and the members ot the several State Legislatures, and all executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this Constitution; but no religious test shall ever be required as a qualification to any office, or public trust, under the United States. 102 CRAWFORD'S CIVIL GOVERNMENT. ARTICLE VII. The ratifications of the Conventions of nine States shall be sufficient for the estab- lishment of this Constitution between the States so ratifying the same. Done in Convention, by the unanimous consent of the States present, the seven- teenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America the twelfth. In witness whereof we have hereunto subscribed our names. GEORGE WASHINGTON, President, and Deputy from Virginia. New Hampshire John Langdon, Nicholas Gilman. Massachusetts Nathaniel Gorham, Rufus King. Connecticut William Samuel Johnson, Roger Sherman. New York Alexander Hamilton. New Jersey William Livingston, David Brear- ley, William Patterson, Jonathan Dayton. Pennsylvania Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimmons, Jared Inger- soll , James Wilson, Gouverneur Morris. Delaware George Read, Gunning Bedford, Jr., John Dickinson, Richard Bassett, Jacob Broom. Maryland James M'Henry, Daniel of St. Tho. Jenifer, Daniel Carroll. Virqinia John Blair. James Madison, Jr. North. Carolina William Blount, Richard Dobbs Spaight, Hugh Williamson. South CaroUna John Rutledge, Chas. Cotesworth Pinckney, Charles Pinckney, Pierce Butler. Georgia William Few, Abraham Baldwin. Attest, WILLIAM JACKSON, Secretary. AMENDMENTS TO THE CONSTITUTION. [The first ten amendments were proposed by Congress at their first session, in 1789. The eleventh was proposed in 1794, and the twelfth in 1803.] ARTICLE I. FREE EXERCISE OP RELIGION. Congress shall make no law respecting an establishment of religion, or prohibit- ing the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. ARTICLE II. RIGHT TO BEAR ARMS. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. ARTICLE III. NO SOLDIER TO BE BILLETED, ETC. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. ARTICLE IV. UNREASONABLE SEARCHES PROHIBITED. 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 warrants shall issue but upon probable cause, supported by oath or affirmation, and particu- larly describing the place to be searched, and the persons or things to be seized. ARTICLE V. CRIMINAL PROCEEDINGS. No person shall be held to answer for a capital or otherwise Infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service, in time of war or public danger; nor shall any person be subject for the same offense to be put twice CONSTITUTION OF THE UNITED STATES. 103 in jeopardy of life or limb; nor shall be compelled, In any criminal case, to be a witness against himself; nor be deprived of life, liberty or property, without due process of law; nor shall private property be taken for public use without just com- pensation. ARTICLE VI. MODE OF TKIAL. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be con- fronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel for his defense. ARTICLE VII. EIGHT OF TRIAL BY JURY. Insults at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by jury shall be otherwise re-examined in any Court of the United States than according to the rules of the common law. ARTICLE yill. BAIL. FIXES. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. ARTICLE IX. RIGHTS NOT ENUMERATED. The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE X. POWERS RESERVED. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively or to the people. ARTICLE XI. LIMITATION OF JUDICIAL POWER. The judicial power of the United States shall not be construed to extend to any suit in law or equity commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign S'ate. ARTICLE XII. ELECTION OF PRESIDENT. The electors shall meet in their respective States, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same State with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President; and they shall make distinct lists of all persons voted for as President and of all persons voted for as Vice-President, and of the number of votes for each, which list they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no person have such a majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose imme- diately by ballot the President. But in choosing the President, the vote shall be taken by States, the representatives from each State having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of aji th^ States sbaii be necessary to a cuoice, Ao4 if the 104 CRAWFORD'S CIVIL GOVERNMENT. House of Representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other Con- stitutional disability of the President. The person having the greatest number of votes as Vice-President shall be the Vice-PresiUent, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person Constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States. [Ratified in 1865.) ARTICLE XIII. SEC. 1. Neither Slavery nor involuntary servitude, except as a punishment tor crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. SEC. 2. Congress shall have power to enforce this article by appropriate legis- lation. [Ratified in 1868-] ARTICLE XIV. SEC. 1. All persons born or naturalized in the United States, and subject to the Jurisdiction thereof, are citizens of the United States, and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States. Nor shall any State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the iaws. SEC. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed; but whenever the right to vote at any election for electors of President and Vice-President, or United States Representatives In Congress, executive and judicial officers, or the members of the Legislature there- of, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except lor pai- ticipation In rebellion or other crimes, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall uear to the whole number of male citizens twenty-one years of age in that State. SEC. 3. No person shall be a Senator or Representative in Congress, elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State Legisla- ture, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof; but Congress may by a vote of two-thirds of each House, remove such disability. SEC. 4. The validity of the public debt of the United States authorized by law, including debts incurred for the payment ot pensions and bounties tor service in suppressing insurrection or rebellion, shall not be questioned; but neither the United States nor any State shall assume to pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim tor the loss or emancipation of any slave, but all such debts, obligations and claims shall be illegal and void. SEC. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. [Ratified in 1870.] ART;CLE xv. SEC. 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account ot race, color or previous condition of servitude. SEC. 2. The Congress shall have power to enforce this Article by appropriate legislation. ADDENDA. 105 STATE BOARD OF AGRICULTURE. [See page 41.] The State board of agriculture consists of a president, and one vice-president from each congressional district in the State, and of the last ex-president of the board. The board is elected biennially, on Wednesday of the State fair week, on the State fair grounds, by a conven- tion consisting of two or three delegates from each county in the State, who have power to cast three votes for their county. These delegates are chosen by the agricultural societies in the respective counties, or, in counties where no such societies exist, by the county board. The State board of agriculture has control of the department of agriculture, and of the State fairs and stock shows. STATE WEIGH -MASTER. [See page 43.] In all cities where there is State inspection of grain, the railway and warehouse commissioners appoint a State weigh-master and such assistants as may be neces- sary, whose duty it is to inspect scales, and supervise the weighing of grain or other property. 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