<7 
 
 DOCUMENTS UNIT 
 ILLINOIS STATE LIBRARY 
 
 PAUL POWELL 
 
 Secretary of State and State Librarian 
 
 
 
a-^/ 
 
 JOURNAL 
 
 ILLINOIS STATE LIBRARY _ 
 
 I IIUliiHlilW 
 
 ^UEI 01433D53 7 
 
 OF THE 
 
 CONSTITUTIONAL CONVENTION 
 
 1920-1922 
 
 OF THE 
 
 State of Illinois 
 
 86516 
 
 Convened at the Capitol in Springfield, January 6, 1920, 
 and adjourned sine die October 10, 1922 
 
 LUNOi 
 
 •p 
 
 U? 
 
 S STATE 
 
 IIT 
 
 LPP.AF.Y 
 
 [Printed by authority of the State of Illinois.] 
 
Illinois State Journal Co. 
 Springfield, Illinois 
 19 2 2 
 
 ( 42215 — 800 ) 
 
OFFICERS OF THE CONVENTION. 
 
 President 
 
 Charles E. Woodward, Ottawa. 
 
 Secretary 
 
 B. H. McCann, Bloomington. 
 
Digitized by the Internet Archive 
 in 2018 with funding from 
 University of Illinois Urbana-Champaign 
 
 https://archive.org/details/journalofconstitOOilli 
 
JOURNAL 
 
 A 
 
 OF THE 
 
 CONSTITUTIONAL CONVENTION 
 
 1920-1922 
 
 OF THE 
 
 State of Illinois 
 
 Convened at the Capitol in Springfield, January 6, 1920, 
 and adjourned sine die October 10, 1922 
 
 $U5/C, 
 
 [Printed by authority of the State of Illinois.] 
 
Illinois State Journal Co. 
 Springfield, Illinois 
 
 19 2 2 
 
 ( 42215 — 800 ) 
 
OFFICERS OF THE CONVENTION. 
 
 President 
 
 Charles E. Woodward, Ottawa. 
 
 Secretary 
 
 B. H. McCann, Bloomington. 
 
JOURNAL 
 
 OF THE 
 
 Constitutional Convention 
 
 STATE OF ILLINOIS 
 
 Hall of the House of Representatives 
 Springfield 
 
 TUESDAY, JANUARY 6, 1920. 
 
 Pursuant to an Act of the General Assembly of the State of Illinois, 
 entitled “An Act to assemble a Convention to revise, alter or amend 
 the Constitution of the State of Illinois,” approved June 21, 1919. 
 
 The Governor, Hon. Frank 0. Lowden, at 12 :00 o’clock m., called 
 the Convention to order and presided over its deliberations until the 
 election of a Temporary President. 
 
 Praver was offered bv the Rev. John T. Thomas, of the First Pres- 
 
 %J vf y 
 
 byterian Church of Springfield. 
 
 The Governor designated A. C. Millspaugh as Provisional Secre¬ 
 tary pending the temporary organization of the Convention and directed 
 Mr. Millspaugh to call the roll of the Delegates-elect compiled as fol¬ 
 lows from the official returns on file in the office of the Secretary of 
 
 State: 
 
 First District —Composed of the First and Second Wards in the city of 
 Chicago—Walter H. Wilson and Levy Mayer. 
 
 Second District — Composed of the Twentieth Ward and parts of the 
 Eleventh and Twelfth Wards in the city of Chicago —John J. Gorman and 
 
 Michael F. Sullivan. 
 
 Third District —Composed of the Third Ward and parts of the Fourth, 
 Fifth and Sixth Wards in the city of Chicago — Edward H. Morris and Archi¬ 
 bald J. Carey. 
 
2 
 
 JOURNAL OF THE 
 
 [Jan. 6 ? 
 
 Fourth District —Composed of the Twenty-ninth and Thirtieth Wards 
 and part of the Thirty-first Ward in the city of Chicago—John E. Traeger 
 and George P. Latchford. 
 
 Fifth District —Composed of parts of the Sixth and Seventh Wards in 
 the city of Chicago—Abel Davis and Morton D. Hull. 
 
 Sixth District —Composed of the Twenty-fourth and Twenty-sixth Wards 
 and part of the Twenty-third and Twenty-fifth Wards in the city of Chicago, 
 and parts of the towns of Evanston, Niles and New Trier, all in county of 
 Cook—Rufus C. Dawes and George A. Dupuy. 
 
 Seventh District —Composed of the towns of Thornton, Bloom, Rich, 
 Bremen, Orland, Lemont, Palos, Worth, Lyons, Stickney, Proviso, Leyden, 
 Elk Grove, Sckaumberg, Hanover, Barrington, Palatine, Wheeling, North- 
 field, and parts of the towns of New Trier, Nils, Norwood, Park and Maine, 
 all in the county of Cook—Frederic R. DeYoung and Amos C. Miller. 
 
 Eighth District —Composed of the counties of Boone, Lake and McHenry 
 —Elam L. Clarke and Frank S. Whitman. 
 
 Ninth District —Composed of parts of the Fourth, Fifth and Twelfth 
 Wards in the city of Chicago—David E. Shanahan and Charles J. Michal. 
 
 Tenth District —Composed of the counties of Ogle and Winnebago— 
 Bruce H. Garrett and James Nichols. 
 
 Eleventh District —Composed of the Thirty-second Ward and part of 
 the Thirty-first Ward in the city of Chicago—Percival G. Baldwin and 
 William H. Cruden. 
 
 Twelfth District —Composed of the counties of Carroll, JoDaviess and 
 Stephenson—Arthur M. Smith and Harry H. Stahl. 
 
 Thirteenth District —Composed of the Eighth and Thirty-third Wards 
 and part of the Seventh Ward in the city of Chicago, and part of the town 
 of Calumet, all in the county of Cook—Oscar Wolff and Douglas Sutherland. 
 
 Fourteenth District —Composed of the counties of Kane and Kendall— 
 Lee Migliell and Rodney H'. Brandon. 
 
 Fifteenth District —Composed of parts of the Ninth, Tenth and Eleventh 
 Wards in the city of Chicago—Ernst Kunde and S. E. Pincus. 
 
 Sixteenth District —Composed of the counties of Livingston, Marshall, 
 Putnam and Woodford—Charles H. Ireland and H. E. Torrance. 
 
 Seventeenth District —Composed of the Nineteenth Ward and parts of 
 the Ninth and Tenth Wards in the city of Chicago—Thomas F. Frole and 
 Michael Iarussi. 
 
 Eighteenth District — Composed of the county of Peoria—Hiram E. Todd 
 and Frank J. Quinn. 
 
 Nineteenth District —Composed of the Thirteenth and Thirty-fourth 
 Wards and part of the Twelfth Ward in the city of Chicago, the town of 
 Riverside and part of the town of Cicero, all in the county of Cook—Martin 
 J. O’Brien and Michael Rosenberg. 
 
 Twentieth District — Composed of the counties of Grundy, Iroquois and 
 Kankakee — Edward C. Curtis and A. F. Goodyear. 
 
 Tioenty-first District — Composed of the Fourteenth Ward and parts of 
 the Seventeenth and Thirty-fifth Wards in the city of Chicago—George F. 
 Lohman and Charles S. Cutting. 
 
 Tiventy-second District — Composed of the counties of Edgar and Ver¬ 
 milion—E. B. Coolley and William Stewart. 
 
 T id enty-third District — Composed of the Fifteenth Ward and parts of 
 the Sixteenth and Thirty-fifth Wards in the city of Chicago, and part of the 
 town of Cicero, all in the county of Cook — William Ganschow and Charles 
 Woodward. 
 
 Twenty-fourth District — Composed of the counties of Champaign, Moul¬ 
 trie and Piatt—Henry M. Dunlap and Henry I. Green. 
 
 Twenty-fifth District —Composed of the Twenty-seventh and Twenty- 
 eighth Wards in the city of Chicago — M. A. Michaelson and Willard M. 
 McEwen. 
 
 Twenty-sixth District — Composed of the counties of Ford and McLean 
 Joseph W. Fifer and Thomas C. Kerrick. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 3 
 
 Tioenty-seventh District —Composed of the Eighteenth Ward and parts 
 of the Sixteenth and Seventh Wards in the city of Chicago—Edward J. Cor¬ 
 coran and Ernest D. Potts. 
 
 Twenty-eighth District —Composed of the counties of DeWitt, Logan and 
 Macon—Andrew H. Mills and Charles B. T. Moore. 
 
 Twenty-ninth District —Composed of parts of the Twenty-first and 
 Twenty-second Wards in the city of Chicago—Charles H. Hamill and Alex¬ 
 ander H. Revell. 
 
 Thirtieth District —Composed of the counties of Brown, Cass, Mason, 
 Menard, Schuyler and Tazewell—Guy L. Shaw and Lewis A. Jarman. 
 
 Thirty-first District —Composed of parts of the Twenty-first, Twenty- 
 second, Twenty-third and Twenty-fifth Wards in the city of Chicago— 
 William H. Beckman and Eugene H. Dupee. 
 
 Thirty-second District —Composed of the counties of Hancock, Mc¬ 
 Donough and Warren—David E. Mack and Philip E. Elting. 
 
 Thirty-third District —Composed of the counties of Henderson, Mercer 
 and Rock Island—Oscar E. Carlstrom and Cyrus E. Dietz. 
 
 Thirty-fourth District —Composed of the counties of Clark, Coles and 
 Douglas—William T. Hollenbeck and Charles A. Shuey. 
 
 Thirty-fifth District —Composed of the counties of DeKalb, Lee and 
 Whiteside—Edward H'. Brewster and Alvin Warren. 
 
 Thirty-sixth District —Composed of the counties of Adams, Calhoun, 
 Pike and Scott—William S. Gray and Rollo Six. 
 
 Thirty-seventh District —Composed of the counties of Bureau, Henry 
 and Stark—Lawrence C. Johnson and Watts A. Johnson. 
 
 Thirty-eighth District —Composed of the counties of Greene, Jersey, 
 Macoupin and Montgomery—John L. Dryer and Thomas Rinaker. 
 
 Thirty-ninth District —Composed of the county of LaSalle—Charles E. 
 Woodward and William M. Scanlan. 
 
 Fortieth District —Composed of the counties of Christian, Cumberland, 
 Fayette and Shelby—William H. Chew and F. R. Dove. 
 
 Forty-first District —Composed of the counties of DuPage and Will— 
 George A. Barr and Edward Corlett. 
 
 Forty-second District —Composed of the counties of Clay, Clinton, Effing¬ 
 ham and Marion—J. Mack Tanner and Edgar E. Fyke. 
 
 Forty-third District —Composed of the counties of Fulton and Knox — 
 George C. Gale and A. E. Taff. 
 
 Forty-fourth District —Composed of the counties of Jackson, Monroe, 
 Perry, Randolph and Washington—S. W. McGuire and Henry W. Meinert. 
 
 Forty-fifth District —Composed of the counties of Morgan and Sanga¬ 
 mon—Clinton L. Conkling and James H. Paddock. 
 
 Forty-sixth District —Composed of the counties of Jasper, Jefferson, 
 Richland and Wayne— James P. Jack and G. Gale Gilbert. 
 
 Forty-seventh District —Composed of the counties of Bond and Madison 
 —John J. Brenholt, Jr., and Cicero J. Lindly. 
 
 Forty-eighth District — Composed of the counties of Crawford, Edwards, 
 Gallatin, Hardin, Lawrence, Wabash and White—Sylvester J. Gee and 
 Prince A. Pearce. 
 
 Forty-ninth District —Composed of the county of St. Clair—William E. 
 
 Trautmann and Herbert F. Lill. 
 
 Fiftieth District —Composed of the counties of Alexander, Franklin, 
 Pulaski, Union and Williamson—William J. Sneed and William A. Wall. 
 
 Fifty-first District —Composed of the counties of Hamilton, Johnson, 
 Massac, Pope and Saline—George W. Hogan and Charles V. Parker. 
 
 The Governor announced that all Lelegates-elect as shown on the 
 foregoing roll, were present except Mr. Sullivan, of the second district. 
 On motion of Mr. Lindly the Convention proceeded to the election 
 
 of a Temporal President. 
 
4 
 
 journal of the [Jan. 6, 
 
 Whereupon Mr. Lindly placed in nomination Hon. Charles E. 
 Woodward of LaSalle County. 
 
 There being no other nominations, a call of the roll was had result¬ 
 ing as follows: 
 
 Number of votes cast. 99 
 
 For Mr. Woodward. 99 
 
 Those voting for 
 
 Mr. 
 
 Woodward are 
 
 : Messrs. 
 
 
 Barr 
 
 Dove 
 
 
 Hollenbeck 
 
 Michal 
 
 Shuey 
 
 Beckman 
 
 Dryer 
 
 
 Hull 
 
 Mighell 
 
 Six 
 
 Brandon 
 
 Dunlap 
 
 
 Iarussi 
 
 Miller 
 
 Smith 
 
 Brenholt 
 
 Dupee, E. 
 
 H. 
 
 Ireland 
 
 Mills 
 
 Sneed 
 
 Brewster 
 
 Dupuy, G. 
 
 A. 
 
 Jack 
 
 Moore 
 
 Stahl 
 
 Carey 
 
 Elting 
 
 
 Jarman 
 
 Morris 
 
 Stewart 
 
 Carlstrom 
 
 Fifer 
 
 
 Johnson, L. C. 
 
 Nichols 
 
 Sutherland 
 
 Chew 
 
 Frole 
 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Taff 
 
 Clarke 
 
 Fyke 
 
 
 Kerrick 
 
 Paddock 
 
 Tanner 
 
 Conkling 
 
 Gale 
 
 
 Kunde 
 
 Parker 
 
 Todd 
 
 Coolley 
 
 Ganschow 
 
 
 Latchford 
 
 Pearce 
 
 Torrance 
 
 Corcoran 
 
 Garrett 
 
 
 Lill 
 
 Pincus 
 
 Traeger 
 
 Corlett 
 
 Gee 
 
 
 Lindly 
 
 Potts 
 
 Trautmann 
 
 Cruden 
 
 Gilbert 
 
 
 Lohman 
 
 Quinn 
 
 Wall 
 
 Curtis 
 
 Goodyear 
 
 
 Mack 
 
 Revell 
 
 Warren 
 
 Cutting 
 
 Gorman 
 
 
 Mayer 
 
 Rinaker 
 
 Whitman 
 
 Davis 
 
 Gray 
 
 
 McEwen 
 
 Rosenberg 
 
 Wilson 
 
 Dawes 
 
 Green 
 
 
 McGuire 
 
 Scanlan 
 
 Wolff 
 
 De Young 
 
 Hamill 
 
 
 Meinert 
 
 Shanahan 
 
 Woodward,Chas. 
 
 Dietz 
 
 Hogan 
 
 
 Michaelson 
 
 Shaw 
 
 Total—99. 
 
 Mr. Woodward having received a majority of the votes of the Dele¬ 
 gates elected, was declared elected Temporary President. 
 
 Mr. Trautmann offered the following resolution, and moved its 
 adoption: 
 
 Resolution No. 1. 
 
 Resolved, That a committee of three members be appointed by the 
 Governor to conduct the Temporary President to the chair. 
 
 And the resolution was adopted. 
 
 The Governor thereupon appointed as such committee Messrs. 
 Trautmann, Fifer and Quinn. 
 
 Whereupon, the committee conducted the Temporary Chairman, 
 Hon. Charles E. Woodward, to the chair. 
 
 The election of a Temporary Secretary being the next order of 
 business. 
 
 Mr. Scanlan placed in nomination Mr. B. H. McCann of Bloom-, 
 ington. 
 
 Mr. Dove placed in nomination Lieut.-Col. John J. Bullington, of 
 Taylorville. 
 
 There being no other nominations, a call of the roll was had, re¬ 
 
 sulting as follows: 
 
 Number of votes cast. 99 
 
 For Mr. McCann. 82 
 
 For Mr. Bullington. 17 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 5 
 
 Those voting for Mr. McCann are: Messrs. 
 
 Barr 
 
 Dunlap 
 
 Ireland 
 
 Morris 
 
 Sutherland 
 
 Beckman 
 
 Dupee, E. H. 
 
 Jack 
 
 Nichols 
 
 Stahl 
 
 Brandon 
 
 Fifer 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Stewart 
 
 Brenholt 
 
 FTole 
 
 Johnson, W. A. 
 
 Paddock 
 
 Taff 
 
 Brewster 
 
 Gale 
 
 Kerrick 
 
 Parker 
 
 Tanner 
 
 Carey 
 
 Ganschow 
 
 Kunde 
 
 Pincus 
 
 Todd 
 
 Carlstrom 
 
 Garrett 
 
 Lill 
 
 Potts 
 
 Torrance 
 
 Chew 
 
 Gee 
 
 Lindly 
 
 Quinn 
 
 Traeger 
 
 Clarke 
 
 Gilbert 
 
 Lohman 
 
 Rinaker 
 
 Trautmann 
 
 Conkling 
 
 Goodyear 
 
 McEwen 
 
 Rosenberg 
 
 Wall 
 
 Corcoran 
 
 Gorman 
 
 McGuire 
 
 Scanlan 
 
 Warren 
 
 Corlett 
 
 Green 
 
 Meinert 
 
 Shanahan 
 
 Whitman 
 
 Cruden 
 
 Hamill 
 
 Michaelson 
 
 Shaw 
 
 Wilson 
 
 Curtis 
 
 Hogan 
 
 Miller 
 
 Shuey 
 
 Wolff 
 
 De Young 
 
 Hollenbeck 
 
 Mills 
 
 Smith 
 
 Woodward, Chas. 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 Sneed 
 
 Woodward. C. E. 
 
 Dryer 
 
 Iarussi 
 
 
 
 Total—82. 
 
 Those voting for Mr. 
 
 Bullington are 
 
 : Messrs. 
 
 
 Cutting 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Mayer 
 
 Pearce 
 
 Davis 
 
 Elting 
 
 Latchford 
 
 Michal 
 
 Revell 
 
 Dawes 
 
 Fyke 
 
 Mack 
 
 Mighell 
 
 Six 
 
 Dove 
 
 Gray 
 
 
 
 Total—17. 
 
 Mr. McCann having received a majority of the votes of the Dele¬ 
 gates elected, was declared elected Temporary Secretary. 
 
 Mr. Green offered the following resolution and moved its adoption: 
 
 Resolution No. 2. 
 
 Resolved, That a Committee on Credentials, consisting of seven mem¬ 
 bers be appointed by the Temporary President, to report the names of 
 Delegates elected and entitled to seats in this Convention. 
 
 And the resolution was adopted. 
 
 The Temporary President thereupon appointed as such committee, 
 Messrs. Green, Hamill, Moore, Hogan, Mighell, O'Brien and Traeger. 
 
 Mr. Green, from the Committee on Credentials, submitted the fol¬ 
 lowing report: 
 
 Committee Report. 
 
 Your Committee on Credentials reports the names of Delegates elected 
 and entitled to seats in this Convention as follows: 
 
 District. 
 
 Name. 
 
 Address. 
 
 County. 
 
 Party. 
 
 1 
 
 2 
 
 3 
 
 4 
 
 5 
 
 6 
 
 7 
 
 8 
 9 
 
 Walter H. W T ilson.... 
 
 Levy Mayer. 
 
 John J. Gorman.. 
 
 Michael F. Sullivan.. 
 Edward H. Morris... 
 Archibald J. Carey... 
 
 John E. Traeger. 
 
 George P. Latchford.. 
 
 Abel Davis. 
 
 Morton D. Hull. 
 
 Rufus C. Dawes.. 
 
 George A. Dupuy_ 
 
 Frederic R. DeYoung 
 
 Amos C. Miller. 
 
 Elam L. Clarke. 
 
 Frank S. Whitman... 
 David E. Shanahan.. 
 Charles J. Michal_ 
 
 2619 Prairie Av., Chicago. 
 
 Blackstone Hotel, Chicago. 
 
 1633 Jackson Boul., Chicago- 
 
 1611 W. Jackson Boul., Chicago 
 
 3757 Vernon Av., Chicago. 
 
 3428 Vernon Av., Chicago. 
 
 921 W. 54th PI., Chicago. 
 
 4532 Emerald Av., Chicago. 
 
 5125 Ellis Av., Chicago. 
 
 4855 Woodlawn Ave., Chicago.. 
 1800 Sheridan Rd., Evanston.. 
 4526 N. Paulina St., Chicago... 
 
 50 E. 155th St., Harvey. 
 
 241 Melrose Av., Kenilworth... 
 
 Waukegan. 
 
 Belvidere. 
 
 3315 S. Western Boul., Chicago. 
 2410 S. Kedzie Av.,Chicago- 
 
 Cook.. 
 ..do.. 
 ..do.. 
 ..do.. 
 ..do.. 
 ..do.. 
 ..do.. 
 . .do.. 
 . .do.. 
 . .do.. 
 ..do.. 
 ..do.. 
 ..do.. 
 ..do.. 
 Lake. 
 Boone 
 Cook.. 
 ..do.. 
 
 Rep. 
 
 Dem. 
 
 Rep. 
 
 Dem. 
 
 Rep. 
 
 Rep. 
 
 Dem. 
 
 Dem. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Dem. 
 
6 
 
 JOURNAL OF THE 
 
 [Jan. 6, 
 
 District. 
 
 Name. 
 
 Address. 
 
 County. 
 
 Party. 
 
 10 
 
 Bruce H. Garrett. 
 
 Rockford. 
 
 Winnebago. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Dem. 
 
 
 James Nichols. 
 
 Polo. 
 
 Ogle. 
 
 11... 
 
 Percival G. Baldwin. 
 
 2017 W. 70th St., Chicago. 
 
 Cook. 
 
 
 William H. Cruden. 
 
 10204 Wallace St., Chicago. 
 
 . .do. 
 
 12... 
 
 Arthur M. Smith. 
 
 Stockton. 
 
 JoDaviess. 
 
 13 
 
 Harry H. Stahl. 
 
 Oscar Wolff. 
 
 Freeport. 
 
 10611 Ay. H., Chicago. 
 
 Stephenson.... 
 Cook. 
 
 
 Douglas Sutherland. 
 
 6558 Minerva Ay. , Chicago. 
 
 . .do. 
 
 14. 
 
 Lee Mighell. 
 
 Aurora..T.. 
 
 Kane. 
 
 
 Rodney H. Brandon. 
 
 Mooseheart. 
 
 . .do. 
 
 15_ 
 
 Ernst Kunde. 
 
 2025 S. Halsted St.. Chicago. 
 
 Cook. 
 
 
 S. E. Pincus. 
 
 836 W. 14th St., Chicago. 
 
 . .do. 
 
 16... 
 
 Charles H. Ireland. 
 
 Washburn... 
 
 Woodford. 
 
 Rep. 
 
 Rep. 
 
 Dem. 
 
 
 H. E. Torrance. 
 
 Pontiac. 
 
 Livingston. 
 
 17.... 
 
 Thomas F. Frole. 
 
 1140 W. Taylor St., Chicago. 
 
 Cook.^. 
 
 
 Michael Iarussi. 
 
 761 W. Taylor St., Chicago. 
 
 . .do. 
 
 Dem. 
 
 18... 
 
 Hiram E. Todd. 
 
 Peoria....... 
 
 Peoria. 
 
 Rep. 
 
 Dem. 
 
 
 Frank J. Quinn. 
 
 . .do. 
 
 . .do. 
 
 19... 
 
 Martin J. O’Brien. 
 
 3845 Flournoy St., Chicago. 
 
 Cook. 
 
 Dem. 
 
 20. 
 
 Michael Rosenberg. 
 
 Edward C. Curtis. 
 
 1250 Independence Boul.^ Chicago.... 
 Grant Park. 
 
 . .do. 
 
 Kankakee. 
 
 Dem. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Dem. 
 
 
 A. F. Goodyear. 
 
 Watseka. 
 
 Iroquois. 
 
 21. 
 
 George F. Lohman. 
 
 566 N. Long Ay., Chicago. 
 
 Cook. 
 
 
 Charles S. Cutting. 
 
 307 N. Waller Ay., Chicago. 
 
 ..do. 
 
 22. 
 
 E. B. Coolley. 
 
 Danyille.1.T. 
 
 Vermilion. 
 
 
 William Stewart. 
 
 Paris. 
 
 Edgar. 
 
 
 William Ganschow. 
 
 2156 Pierce Ay., Chicago. 
 
 Cook. 
 
 
 Charles Woodward _ 
 
 225 S. ScoYille Ay., Oak Park. 
 
 . .do. 
 
 24. 
 
 Henry M. Dunlap. 
 
 Savoy.. 
 
 Champaign. 
 
 
 Henry I. Green . _ 
 
 LTbana. 
 
 . .do . 
 
 25 . 
 
 26 - - 
 
 M. A. Michaelson. ... 
 
 3018 Palmer Sq., Chicago. 
 
 Cook. 
 
 Willard M. McEwen. 
 
 Joseph W. Filer. 
 
 3633 N. Springfield Av.~, Chicago. 
 
 Bloomington. 
 
 . .do. 
 
 McLean. 
 
 
 Thomas C. Kerriok. 
 
 . .do. 
 
 . .do. 
 
 27.. - 
 
 Edward J. Corcoran. 
 
 323 S. Peoria St., Chicago. 
 
 Cook. 
 
 
 Ernest. D. Potts.. . 
 
 21 N. Ashland Boul., Chicago. 
 
 .. do. 
 
 Dem. 
 
 28.... 
 
 Andrew H. Mills. 
 
 Decatur.*.T.. 
 
 Macon. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 Rep. 
 
 
 Charles B. T. Moore . 
 
 do. 
 
 . .do. 
 
 29.... 
 
 Charles H. Hamill. 
 
 199 Lake Shore Driye, Chicago. 
 
 Cook. 
 
 
 Alexander H. Revell. 
 
 842 N. Michigan Av., Chicago. 
 
 . .do. 
 
 30 . 
 
 Guy L. Shaw ... 
 
 Beardstown. 
 
 Cass. 
 
 
 Lewis A. Jarman 
 
 RushYille. 
 
 Schuyler. 
 
 31 
 
 William H Reekman 
 
 2468 Orchard St., Chicago. 
 
 Cook. 
 
 
 Eugene H Rupee,. 
 
 534 Aldine Av., Chicago. 
 
 . .do. 
 
 32 
 
 Darn’d E Mack. 
 
 Carthage. 
 
 Hancock. 
 
 33... 
 
 Philip E. Elting. 
 
 Osear E. Oarlstrom 
 
 Macomb. 
 
 Aledo. 
 
 McDonough.... 
 Mercer. 
 
 
 Cyrus E. Dietz. 
 
 Moline. 
 
 Rock Island.... 
 
 34. . 
 
 Wm. T. Hollenbeck. 
 
 Marshall. 
 
 Clark. 
 
 
 Diaries A. Shuev 
 
 Charleston. 
 
 Coles. 
 
 35. 
 
 Edward H. Brewster.. 
 
 Dixon. 
 
 Lee. 
 
 
 Alvin Warrpn_ 
 
 Leland. 
 
 DeKalb. 
 
 36... 
 
 William S. Gray . 
 
 Coatsburg. 
 
 Adams. 
 
 
 Rollo Six 
 
 Barry. 
 
 Pike. 
 
 Dem. 
 
 37. - 
 
 Lawrence C. Johnson 
 
 Galva . 
 
 Henry. 
 
 Rep. 
 
 Rep. 
 
 
 Watts A. Johnson 
 
 Princeton. 
 
 Bureau. 
 
 38 - - 
 
 John T,. Dryer 
 
 Hillsboro. 
 
 Montgomery... 
 
 Rep. 
 
 
 Thos. Rinaker 
 
 Carlin ville. 
 
 Macoupin. 
 
 Rep. 
 
 39 
 
 Diaries E. Woodward 
 
 Ottawa. 
 
 LaSalle. 
 
 Rep. 
 
 
 William A!. Scan lan 
 
 Peru. 
 
 . .do. 
 
 Rep. 
 
 40 
 
 William H. Chew . 
 
 Shelbyville. 
 
 Shelby. 
 
 Rep. 
 
 
 E R Dove. 
 
 . .do. 
 
 . .do.'.. 
 
 Dem 
 
 41 
 
 George A. Barr. 
 
 Joliet. 
 
 Will. 
 
 Rep. 
 
 
 Edward Corlett. . 
 
 . .do. 
 
 . .do. 
 
 Rep. 
 
 42. 
 
 .T Mack Tanner 
 
 Flora. 
 
 Clav. 
 
 Rep. 
 
 Edenr E Evke 
 
 Centralia. 
 
 Marion. 
 
 Dem. 
 
 43 
 
 Deorge G. Gale. 
 
 Galesburg. 
 
 Knox. 
 
 Rep. 
 
 
 A E Taff 
 
 Canton. 
 
 Fulton. 
 
 Rep. 
 
 44 
 
 S W. McGuire. 
 
 Sparta. 
 
 Randolph. 
 
 Rep. 
 
 
 Henry W. Meinert.. . 
 
 Ho yleton. 
 
 Washington.... 
 Sangamon. 
 
 Rep. 
 
 
 Olinton T;. Conklins'. . 
 
 Springfield. 
 
 Rep. 
 
 
 James H Paddock 
 
 do. 
 
 . .do. 
 
 Rep. 
 
 46 
 
 .Tames P. .Tack 
 
 Newton . 
 
 Jasper. 
 
 Rep. 
 
 
 G Hale. Gilbert 
 
 Mt. Vernon. 
 
 Jefferson. 
 
 Rep. 
 
 47 
 
 John .T Rrenholt...Tr 
 
 Alton. 
 
 Madison. 
 
 Rep. 
 
 
 Cipprn .T. T/indlv 
 
 Greenville.. 
 
 Bond. 
 
 Rep. 
 
 
 
 
 
7 
 
 1920.] CONSTITUTIONAL CONVENTION. 
 
 District. 
 
 Name. 
 
 Address. 
 
 County. 
 
 Party. 
 
 48 .. 
 
 Sylvester J. Gee. 
 
 Lawrenceville. 
 
 Lawrence. 
 
 Rep. 
 
 
 Prince A. Pearce. 
 
 Carmi. 
 
 White. 
 
 Dem. 
 
 49 ... 
 
 William E. Trautmann.... 
 
 R. R. No. 2, East St. Louis. 
 
 St. Clair. 
 
 Rep. 
 
 
 Herbert F. Lill. 
 
 Mascoutah. 
 
 . .do. 
 
 Rep. 
 
 50. 
 
 William J. Sneed.. 
 
 Herrin. 
 
 Williamson.... 
 
 Rep. 
 
 
 William A. Wall.. . . 
 
 Mound City. 
 
 Pulaski. 
 
 Rep. 
 
 51. 
 
 George W. Hogan. 
 
 McLeansboro. 
 
 Hamilton. 
 
 Rep. 
 
 
 Charlps V. Parker. 
 
 Harrisburg. 
 
 Saline. 
 
 Rep. 
 
 
 
 
 
 . Respectfully submitted, 
 
 (Signed) Henry I. Green, 
 
 Charles H. Hamill, 
 George W. Hogan, 
 
 John E. Traeger, 
 
 Martin J. O’Brien, 
 
 C. B. T. Moore, 
 
 Lee Mighell, 
 
 Committee. 
 
 Mr. Green moved that the report of the committee be concurred in, 
 and that the gentlemen whose names are presented therein be declared 
 entitled to sit in this Convention. 
 
 The motion prevailed and the report of the Committee on Creden¬ 
 tials was adopted. 
 
 Mr. Barr offered the following resolution and moved its adoption: 
 
 Resolution No. 3. 
 
 Resolved, That a committee of eight members be appointed by the Tem¬ 
 porary President to call upon the Judge of the Circuit Court of Sangamon 
 County and request him to administer the oath of office to the Delegates- 
 elect of the Constitutional Convention. 
 
 And the resolution was adopted. 
 
 The Temporary President thereupon appointed as such committee, 
 Messrs. Barr, Conkling, Gee, Cutting, Carlstrom, Morris, Mayer and 
 
 Pearce. 
 
 Mr. Barr, from the committee heretofore appointed to wait upon 
 the Judge of the Circu' + Court, and request him to administer the oath 
 of office to the Delegates-elect of the Constitutional Convention, 
 announced that Judge Elbert S. Smith of the Circuit Court, was present 
 and ready to perform that duty. 
 
 Whereupon, the oath of office was administered by Judge Smith to 
 all Delegates-elect, except Michael F. Sullivan of the second district. 
 
 Mr. Lindly offered the following resolution and moved its adoption: 
 
 Resolution No. 4. 
 
 Resolved, That the Convention now proceed to the election of a Presi¬ 
 dent and Secretary. 
 
 And the resolution was adopted. 
 
 The Temporary President called Mr. Trautmann to the chair. 
 Whereupon, Mr. Lindly placed in nomination for President, Hon. 
 r harles E. Woodward of LaSalle County. 
 
8 
 
 JOURNAL OF THE 
 
 [Jan. 6, 
 
 There being no other nominations, a call of the roll was had, result¬ 
 
 ing as follows: 
 
 Number of votes cast. 98 
 
 For Mr. Woodward. 98 
 
 Those voting for Mr. Woodward are: Messrs. 
 
 Barr 
 
 Dove 
 
 Hollenbeck 
 
 Mighell 
 
 Shuey 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Miller 
 
 Six 
 
 Brandon 
 
 Dunlap 
 
 Ireland 
 
 Mills 
 
 Smith 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Jack 
 
 Moore 
 
 Sneed 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Morris 
 
 Stahl 
 
 Carey 
 
 Elting 
 
 Johnson, L. C. 
 
 Nichols 
 
 Stewart 
 
 Carlstrom 
 
 Fifer 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Sutherland 
 
 Chew 
 
 Frole 
 
 Kerrick 
 
 Paddock 
 
 Taff 
 
 Clarke 
 
 Fyke 
 
 Kunde 
 
 Parker 
 
 Tanner 
 
 Conkling 
 
 Gale 
 
 Latchford 
 
 Pearce 
 
 Todd 
 
 Coolley 
 
 Ganschow 
 
 Lill 
 
 P incus 
 
 Torrance 
 
 Corcoran 
 
 Garrett 
 
 Lindly 
 
 Potts 
 
 Traeger 
 
 Corlett 
 
 Gee 
 
 Lohman 
 
 Quinn 
 
 Trautmann 
 
 Cruden 
 
 Gilbert. 
 
 Mack 
 
 Revell 
 
 Wall 
 
 Curtis 
 
 Goodyear 
 
 Mayer 
 
 Rinaker 
 
 Warren 
 
 Cutting 
 
 Gorman 
 
 McEwen 
 
 Rosenberg 
 
 Whitman 
 
 Davis 
 
 Gray 
 
 McGuire 
 
 Scanlan 
 
 Wilson 
 
 Dawes 
 
 Green 
 
 Meinert 
 
 Shanahan 
 
 Wolff 
 
 De Young 
 
 Hamill 
 
 Michaelson 
 
 Shaw 
 
 Woodward,Chas. 
 
 Dietz 
 
 Hogan 
 
 Michal 
 
 
 Total—98. 
 
 Mr. Woodward having received a majority of the votes of the Dele¬ 
 gates elected, was declared elected President. 
 
 Mr. Trautmann thereupon appointed Messrs. Curtis, Rinaker and 
 Pearce as a committee to conduct the President to the chair. 
 
 Whereupon, the committee conducted the President, Hon. Charles 
 E. Woodward, to the chair. 
 
 The election of a Secretary being the next order of business. 
 
 Mr. Scanlan placed in nomination Mr. B. H. McCann of Bloom¬ 
 ington. 
 
 There being no other nominations, a call of the roll was had, result¬ 
 
 ing as follows: 
 
 Number of votes cast. 98 
 
 For Mr. McCann. 98 
 
 Those voting for Mr. McCann are: 
 
 Messrs. 
 
 
 Barr 
 
 Dove 
 
 Iarussi 
 
 Miller 
 
 Six 
 
 Beckman 
 
 Dryer 
 
 Ireland 
 
 Mills 
 
 Smith 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Sneed 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Jarman 
 
 Morris 
 
 Stahl 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Nichols 
 
 Stewart 
 
 Carey 
 
 Fifer 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Sutherland 
 
 Carlstrom 
 
 Frole 
 
 Kerrick 
 
 Paddock 
 
 Taff 
 
 Chew 
 
 Fyke 
 
 Kunde 
 
 Parker 
 
 Tanner 
 
 Clarke 
 
 Gale 
 
 Latchford 
 
 Pearce 
 
 Todd 
 
 Conkling 
 
 Ganschow 
 
 Lill 
 
 P incus 
 
 Terrance 
 
 Coolley 
 
 Garrett 
 
 Lindly 
 
 Potts 
 
 Traeger 
 
 Corcoran 
 
 Gee 
 
 Lohman 
 
 Quinn 
 
 Trautmann 
 
 Corlett 
 
 Gilbert 
 
 Mack 
 
 Revell 
 
 Wall 
 
 Cruden 
 
 Goodyear 
 
 Mayer 
 
 Rinaker 
 
 Warren 
 
 Curtis 
 
 Gray 
 
 McEwen 
 
 Rosenberg 
 
 Whitman 
 
 Cutting 
 
 Davis 
 
 Green 
 
 McGuire 
 
 Scanlan 
 
 Wilson 
 
 Hamill 
 
 Meinert 
 
 Shanahan 
 
 Wolff 
 
 Dawes 
 
 Hogan 
 
 Michaelson 
 
 Shaw 
 
 Woodward, Chas. 
 
 De Young 
 Dietz 
 
 Hollenbeck 
 
 Hull 
 
 Michal 
 
 Mighell 
 
 Shuey 
 
 Woodward. C. E. 
 Total—98. 
 
 Mr. McCann having received a majority of the votes of the Dele¬ 
 gates elected, was declared elected Secretary. 
 
 Mr. Gale offered the following resolution and moved its adoption: 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 9 
 
 Resolution No. 5. 
 
 Resolved, That a committee of ten members, of which the President 
 shall be chairman, be appointed by the President, to prepare and report 
 rules and procedure, for the government of this Convention. 
 
 And the resolution was adopted. 
 
 At the hour of 1:30 o'clock p. m., Mr. Brenholt moved that the 
 Convention do now take a recess until 3 :30 o’clock p. m. 
 
 And the motion prevailed. 
 
 3 :30 o’Clock P. M. 
 
 The hour of 3:30 o’clock p. m. having arrived, the Convention 
 resumed its session. 
 
 The President presiding. 
 
 Mr. Corlett offered the following resolution and moved its adoption: 
 
 Resolution No. 6. 
 
 Resolved, That the Secretary, immediately after the passage of this 
 resolution, place in a box the name of each Delegate on separate slips of 
 paper; that he then proceed, in the presence of the Convention, to draw 
 from said box one of the slips at a time, and as each slip is drawn he shall 
 announce the name of the Delegate upon it, who shall then and there choose 
 his permanent seat in the Convention: Provided, that before the drawing 
 commences the President shall cause every seat to be vacated, and provided 
 further, that Hon. Joseph W. Fifer, be accorded the privilege of selecting 
 his seat before the drawing commences. 
 
 And the resolution was adopted. 
 
 The members having retired from the floor of the Convention and 
 Mr. Fifer having selected his seat, a like courtesy was, on motion, ex¬ 
 tended to former Speakers of the House of Representatives, Edward C. 
 Curtis and David E. Shanahan, and to Messrs. Cutting, Torrance and 
 
 Gilbert. 
 
 The drawing having been completed, the President announced the 
 appointment of the Committee on Rules, as follows: Messrs. Wood¬ 
 ward, Chairman, Green, Shanahan, Curtis, Hamill, Trautmann, Gale, 
 Wall, Quinn and Pearce. 
 
 At the hour of 5 :00 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn until 10:00 o’clock a. m., Wednesday, January 
 14, 1920. 
 
 Pending consideration, Mr. Mayer moved to amend the motion to 
 read January 20th, and that a printed copy of the tentative rules he 
 mailed to each Delegate four days prior to that date. 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the negative. 
 
 The question recurring on the adoption of the motion of Mr. Green. 
 
 It was decided in the affirmative. 
 
 And at the hour of 5:15 o’clock p. m., the Convention stood 
 adjourned until Wednesday, January 14, 1920, at 10 :00 o’clock a. m. 
 
10 
 
 JOURNAL OF THE 
 
 [Jan. 14, 
 
 WEDNESDAY, JANUARY 14, 1920, 10:00 O’CLOCK A. M. 
 
 ' The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. S. W. McFadden of the Westminister 
 Presbyterian Church of Springfield. 
 
 The Journal of Tuesday, January 6, was being read, when on 
 motion of Mr. Lindly, the further reading of the same was dispensed 
 with and it was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the report 
 of the Committee on Rules. 
 
 Mr. Davis moved that the rules be read by section and that oppor¬ 
 tunity be given for amendment after the reading of each section. 
 
 Mr. Whitman moved as a substitute that the rules be first read at 
 large and thereafter taken up and considered section by section. 
 
 The question being on the substitute motion, it was edcided in the 
 affirmative. 
 
 And the report of the Committee on Rules w T as thereupon read at 
 large as follows: 
 
 Committee Report. 
 
 Your committee appointed to draft rules for the government of this 
 Convention respectively reports as follows: 
 
 Three sessions of this committee were held daily following the adjourn¬ 
 ment on last Tuesday, until Friday evening, and on last Saturday a printed 
 tentative draft of rules was placed in the mail addressed to each Delegate. 
 
 The committee met again on yesterday and considered suggestions 
 which had been made to the members of the committee, md also sugges¬ 
 tions which were at that time presented to it by various Delegates, for 
 changes and modifications in the tentative draft of rules as originally 
 framed. 
 
 As a result of the consideration and deliberations of your committee we 
 respectively submit the following draft of rules for the government of the 
 Convention during its sessions, and respectively move that the action of 
 your committee be agreed to and said rules be formally approved and 
 adopted. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 11 
 
 TABLE OF CONTENTS. 
 
 RULES OF THE CONSTITUTIONAL CONVENTION OF ILLINOIS, 1920. 
 
 I. Officers of the Convention. 
 
 List. 
 
 1. List of officers. 
 
 The President. 
 
 2. Calling convention to order. 
 
 3. Preserving order. 
 
 4. Membership in committees. 
 
 5. Appointment of committees. 
 
 6 . Calling another to the chair. 
 
 7. Voting by president. 
 
 8 . Examination of journal. 
 
 9. Signing writs of convention. 
 
 10. Clearing the galleries. 
 
 11. Employees. 
 
 12. Secretary and employees under president’s control. 
 
 t 
 
 The Secretary. 
 
 13. Duties of secretary. 
 
 Sergeant-at-Arms. 
 
 14. Enforcing rules. 
 
 II. Sessions of the Convention. 
 
 15. Hours of meeting. 
 
 III. Proposals. 
 
 16. No introduction after March 1, 1920. 
 
 17. How introduced. 
 
 18. Proposal form. 
 
 19. Reference of present provisions. 
 
 20. Reference of present provisions not changed. 
 
 21. Withdrawing proposals from committees. 
 
 22. Order of consideration of proposals. 
 
 IV. Order of Business. 
 
 23. Order of business. 
 
 24. Special orders. 
 
 25. Special orders not reached. 
 
 V. Delegates. 
 
 26. Contests of elections. 
 
 27. Absence of delegates. 
 
 28. Naming another in debate. 
 
 29. Limitation of debate. 
 
 30. Conduct during session. 
 
 31. Conduct during roll call. 
 
 32. No speaking during roll call. 
 
 33. Explaining votes. 
 
12 
 
 JOURNAL OF THE 
 
 [Jan. 14, 
 
 VI. Committees of the Convention. 
 
 34. List of standing committees. 
 
 35. Committee chairman. 
 
 36. Committee hearings—Open to public. 
 
 37. Quorum and reports. 
 
 38. Minority reports. 
 
 39. Notification to introducer of proposal. 
 
 40. Rules in committees. 
 
 41. Approval >of expenditures. 
 
 VII. Committee of the Whole. 
 
 42. Chairman. 
 
 43. Order of consideration of business. 
 
 44. General orders of the day. 
 
 45. Method of acting upon proposals. 
 
 46. Motion that committee rise. 
 
 47. Motion to reconsider. 
 
 48. Rules in committee of the whole. 
 
 49. Closing debate. 
 
 50. Quorum of committee of the whole. 
 
 VIII. Publications. 
 
 51. Publications.- 
 
 IX. Motions. 
 
 52. Vote required on certain motions. 
 
 53. No second required. 
 
 54. Statement of motions. 
 
 55. Motions reduced to writing. 
 
 56. Withdrawal of motions. 
 
 57. Precedence of motions. 
 
 58. Motions to lay on table. 
 
 59. Previous question—Effect. 
 
 60. Filling blanks. 
 
 61. Division of questions. 
 
 62. Reconsideration. 
 
 X. General Rules. 
 
 63. Motions not germane. 
 
 64. Quorum—Calls of the convention. 
 
 65. Mehod of calling the convention. 
 
 66 . Privileges of the floor. 
 
 67. Smoking. 
 
 68 . Presentation of papers. 
 
 69. Call for yeas and nays. 
 
 70. Calling in alphabetical order. 
 
 71. Reading of papers. 
 
 72. Petitions not to be printed. 
 
 73. Etiquette of debate. 
 
 74. Protests upon the journal. 
 
 75. Manner of putting questions. 
 
 76. Appeals from decisions of the chair. 
 
 77. Suspension of rules. 
 
 78. Guide in parliamentary practice. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 13 
 
 I. 
 
 OFFICERS OF THE CONVENTION. 
 
 LIST. 
 
 1. The officers of the Convention shall be a President and a Secretary. 
 These officers shall be elected by a majority vote of all delegates elected to 
 the Convention. 
 
 THE PRESIDENT. 
 
 2. The President shall take the chair each day at the hour to which 
 the Convention shall have adjourned. He shall call the Convention to order 
 and shall proceed to business in the manner prescribed by the rules. 
 
 3. The President shall preserve order and decorum; may speak to 
 points of order in preference to other delegates, and shall decide questions 
 of order, subject to an appeal to the Convention, on which appeal no dele¬ 
 gate shall speak more than once, except by leave of the Convention. 
 
 4. He shall be ex-officio member and chairman of the Committee on 
 Rules and Procedure, and shall be ex-officio member of all committees of the 
 Convention to which he shall not have been specifically appointed. 
 
 5. He shall appoint all committees, except where the Convention shall 
 otherwise order. 
 
 6 . He may substitute any delegate to perform the duties of the Chair, 
 but not for a longer time than one week, except by leave of the Convention. 
 
 7. He may vote on all elections or divisions called for by any dele¬ 
 gate, and on all questions taken by yeas and nays, except on appeals from his 
 decisions. 
 
 8 . He shall examine and correct the Journal before it is read; and 
 the same shall be printed and placed upon the desks of the delegates. He 
 shall have general direction of the hall. 
 
 9. All writs, warrants and subpoenas issued by order of the Con¬ 
 vention shall be under the hand of the President and attested by the 
 Secretary. 
 
 10. In case of any disturbance or disorderly conduct on the floor of the 
 Convention, in the lobby or galleries, by the spectators, the President or 
 the chairman of the Committee of the Whole shall have power to order the 
 floor, the lobby or galleries to be cleared of spectators. 
 
 11. The President shall appoint the Sergeant-at-Arms and all other 
 employees, shall prescribe their duties and fix the hours of their employ¬ 
 ment. The number of such employees and their compensation shall be de¬ 
 termined or fixed by resolution passed by a majority vote of the delegates 
 elected to the Convention. The committee rooms shall be under the control 
 of the President and shall be assigned by him to the several committees. 
 All orders for the payment of salaries, mileage and other expenses shall 
 be approved by the President. No extra compensation, allowance or per¬ 
 quisites shall be voted to any officer or employee of the Convention. 
 
 12. In the performance of their duties the Secretary and all employees 
 shall be under the supervision of the President. 
 
 THE SECRETARY. 
 
 13. The Secretary shall keep the Journal of the Convention, and of 
 the Committee of the Whole and shall superintend the printing thereof. He 
 shall call the roll whenever it shall be ordered and record the vote. Sub- 
 
14 
 
 JOURNAL OF THE 
 
 [Jan. 14, 
 
 ject to the control of the President he shall be the custodian of the records 
 of the Convention, and under the direction of the President he shall perform 
 the customary duties of clerks or secretaries of deliberative assemblies, 
 and such other duties as shall be ordered by the Convention or the Presi¬ 
 dent. 
 
 SERGEANT-AT-ARMS. 
 
 14. Subject to the direction of the President, the Sergeant-at-Arms 
 shall enforce the rules of the Convention. He shall be especially charged 
 with enforcing the rules as to admission to the Convention hall. 
 
 II. 
 
 SESSIONS OF THE CONVENTION. 
 
 15. Ten o’clock in the morning shall be the standing hour to which the 
 Convention shall adjourn unless otherwise ordered by a majority vote. 
 
 III. 
 
 PROPOSALS. 
 
 16. After the 1st day of March, 1920, no proposal shall be introduced 
 except on the report or recommendation of a standing or select committee. 
 
 17. Delegates may introduce proposals by presenting the same from 
 the floor of the Convention on the proper order of business. The pro¬ 
 posals shall be sent in duplicate by the introducer to the Secretary’s desk, 
 numbered by the Secretary and handed to the President; if in proper form 
 the same shall at the next session of the Convention, be read the first time 
 and referred by the President to the appropriate committee; if such pro¬ 
 posal is not in proper form, the same shall be by the President referred 
 back to the introducer with an oral statement from the chair explaining 
 defects in form. 
 
 “Each proposal shall be single as to subject matter, shall bear an appro¬ 
 priate title, and, when read and referred to committee, shall he printed and 
 by title and number spread upon the Journal.” 
 
 18. Proposals shall be in substantially the following form: 
 
 Constitutional Convention, Proposal No..,1920 
 
 Introduced by Mr . .- .,Jan.1920. 
 
 A proposal to (here insert title). 
 
 Resolved, That the following shall become a part of the Constitution of 
 Illinois. 
 
 or 
 
 Resolved, That Section . of Article.of the Constitution of 1870 
 
 now in force be omitted from the proposed revised Constitution. 
 
 19. All provisions of the present Constitution shall be referred to the 
 Appropriate Committees for consideration and report. The Committee on 
 Rules and Procedure shall prepare a list designating the parts of the Con¬ 
 stitution to be refered to each committee; and such list shall be reported to 
 the Convention, and shall control unless the Convention shall otherwise 
 determine. 
 
 20. When a committee has reported that no amendments should be 
 made to the provisions of the existing Constitution relating to any specified 
 subject, and such report is agreed to, all proposals for Constitutional amend¬ 
 ment relating to that subject which have been referred to that committee 
 shall be considered as rejected. The proposals affected by this rule shall, 
 however, be reported by the committee to the Convention with a statement 
 to this effect. All provisions of the present Constitution for which no 
 amendment or substituted provision shall ha ye been passed by the Conven¬ 
 tion, shall stand referred to the Committee on Phraseology and style, and by 
 
1920 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 15 
 
 said committee combined and coordinated with the other proposals approved 
 and passed by the Convention as constituting the revised Constitution as a 
 unit, and incorporated in the report of the said committee as required by 
 Paragraph 8 of Rule 22. 
 
 21. The several committees shall consider and report without unneces¬ 
 sary delay upon the respective matters referred to them by the Convention. 
 The Convention by a vote of a majority of the delegates elected thereto, 
 may, upon the motion of any delegate, require any committee to report upon 
 any proposal that has been committed to it, or may withdraw the proposal 
 from the committee. Any proposal withdrawn from committee by a vote 
 of the Convention shall be regarded as in the same parliamentary status as 
 if reported favorably by the committee. 
 
 22. The regular order to be taken for proposals introduced in the 
 Convention shall be as follows: 
 
 1. Introduction; first reading and reference to a committee by the 
 President, unless otherwise ordered by a majority of the delegates 
 present. 
 
 2. Report of committee and placing on the general orders. 
 
 3. Consideration in Committee of the Whole in order of reference. 
 
 4. Report by the Committee of the Whole to the Convention and 
 reference by the Convention to the Committee on Phraseology and 
 
 Style. 
 
 5. Report of Committee on Phraseology and Style upon the spe¬ 
 cific proposals referred to it. 
 
 6. Second reading; vote on passage, the vote to be taken by yeas 
 and nays and entered on the Journal; no favorable action to be taken 
 unless a majority of all the delegates elected shall have voted in favor 
 of the same. 
 
 7. Re-reference to Committee on Phraseology and Style, for action 
 as provided by Rule 20. 
 
 8. Report by Committee on Phraseology and Style, on all pro¬ 
 posals as a unit. 
 
 9. Reference of the report of the Committee on Phraseology and 
 Style to the Committee of the Whole where it shall be subject to amend¬ 
 ment as to matter of form only. 
 
 10. Report by Committee of the Whole and by a vote of a major¬ 
 ity of delegates elected to the Convention, placing on the order of third 
 
 reading. 
 
 11. Third reading and passage as a whole. Upon such passage the 
 yeas and nays shall be taken and entered on the Journal. A majority vote 
 of all Delegates elected shall be required for passage and adoption. Upon 
 third reading no amendments shall be in order without unanimous consent. 
 
 IV. 
 
 ORDER OF BUSINESS. 
 
 23. On the meeting of the Convention, the order of business shall be as 
 
 follows: 
 
 Opening Prayer. 
 
 Reading of the Journal. 
 
 Special orders of the day. 
 
 Reports of Standing Committees. 
 
 Reports of Select Committees. 
 
 Introduction of proposals. 
 
 First reading and reference of proposals. 
 
 Second reading of proposals. 
 
 Motions and resolutions. 
 
 Unfinished business. 
 
 General orders of the day. 
 
 24. Any matter may be made a special order for a particular hour of 
 any day, by a majority of the delegates elected. The Committee on Rules 
 
16 journal of the [Jan. 14 , 
 
 and Procedure may report a special order, which special order shall take 
 the place of the regular order. 
 
 25. Any subject matter having been made the special order for a par¬ 
 ticular day, and not having been reached on that day, the same shall come 
 up on the order of “Unfinished Business” the next succeeding session. 
 
 V. 
 
 DELEGATES. 
 
 26. No protest or petition contesting the election of any delegate shall 
 be received or considered unless filed within fifteen days from and after 
 the opening of the Convention. 
 
 27. No delegate shall absent himself from the sessions of the Con¬ 
 vention unless he have leave or be ill or his absence be otherwise unavoid¬ 
 able. 
 
 28. No delegate shall name another delegate in debate. 
 
 29. No delegate shall speak more than once on the same question, 
 without leave of the Convention, unless he be the mover of the matter 
 pending or chairman of the committee which reported the same, in which 
 case he shall be privileged to close the debate even though he may have 
 already spoken or the previous question have been ordered. 
 
 30. No delegate shall indulge in the reading of newspapers during a 
 session of the Convention. While the President is putting any question, 
 while the Secretary is calling the roll, or while any delegate is speaking, 
 no delegate shall walk out of or across the hall, entertain private discourse 
 or pass between the Speaker and the Chair. 
 
 31. No person shall visit or remain at the Secretary’s desk while the 
 yeas and nays are being called. 
 
 32. After a question has been stated by the President, and the calling 
 of the roll has been begun, the President shall not recognize a delegate for 
 any purpose, except upon points of order, or questions of privilege, until 
 after the announcement of the vote, but he shall preserve order and shall 
 direct delegates who are not in their seats to resume the same. 
 
 33. An explanation of a vote shall not be in order, unless made before 
 the Convention divides, or before the call of the yeas and nays is commenced. 
 
 vi. 
 
 COMMITTEES OF THE CONVENTION. 
 
 34. The President shall appoint the following standing committees: 
 
 Bill of Rights, consisting of 15 members. 
 
 Chicago and Cook County, consisting of 15 members. 
 
 Corporations and Cooperative Associations, consisting of 15 members. 
 
 County and Township Government, consisting of 11 members. 
 
 Distinction Between Constitutional and Legislative Subjects, con¬ 
 sisting of 7 members. 
 
 Education, consisting of 9 members. 
 
 Executive Department, consisting of 15 members. 
 
 Expenditures and Supplies, consisting of 5 members. 
 
 Future Amendment of the Constitution, consisting of 11 members. 
 
 Industrial Affairs, Agriculture and Labor, consisting of 15 members. 
 
 Initiative, Referendum and Recall, consisting of 15 members. 
 
 Judicial Department, consisting of 15 members. 
 
 Legislative Department, consisting of 15 members. 
 
 Military Affairs, consisting of 9 members. 
 
 Miscellaneous Subjects, consisting of 11 members. 
 
 Municipal Government, consisting of 15 members. 
 
 Phraseology and Style, consisting of 7 members. 
 
 Public Works and Improvements, consisting of 9 members. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 17 
 
 Qualifications and Election of Delegates, consisting of 9 members. 
 
 Revenue, Taxation and Finance, consisting of 15 members. 
 
 Rules and Procedure, consisting of 10 members including the 
 President. 
 
 Schedule, consisting of 7 members. 
 
 Submission and Address, consisting of 15 members. 
 
 Suffrage, consisting of 9 members. 
 
 35. The first named member of any committee shall be the chairman. 
 
 36. No committee shall sit during the sessions of the Convention 
 without special leave. All committee hearings shall be open to the public. 
 
 37. A majority of a committee shall constitute a quorum. All reports 
 of committees shall be in writing and shall be signed by at least a majority 
 of the members of the committee. Such reports when made shall be spread 
 upon the Journal forthwith. All reports of committees upon proposals 
 shall be accompanied by all the papers in relation thereto. 
 
 Every committee report upon proposals, shall be in proper sectional 
 form and shall contain no reasons for such proposal, nor any recital of 
 facts which may have led to the report; but the committee or a reporting 
 minority thereof, if it choose, may present on separate paper a recital of 
 facts with an argument, which, however, shall not be entered on the Jour¬ 
 nal, except when ordered by the Convention. 
 
 38. The report of a minority of any committee shall be received and 
 printed in the Journal. 
 
 39. When any proposal is about to be considered by a committee, the 
 introducer of such proposal shall be notified of the time and place where 
 such.proposal shall be considered by such committee. 
 
 40. The rules of the Convention shall be observed in all committees 
 as far as may be applicable, and each committee shall keep a record of its 
 proceedings. 
 
 41. The Committee on Expenditure and Supplies shall approve all bills 
 entailing the expenditure of funds. 
 
 VII. 
 
 COMMITTEE OF THE WHOLE. 
 
 42. In forming a Committee of the Whole Convention, the President 
 shall leave the Chair, and a chairman to preside in the committee shall 
 be appointed by the President. 
 
 43. Reports of standing committees, when received by the Convention, 
 shall lie on the table and be printed, and, when referred to the Committee 
 of the Whole, they shall, unless otherwise ordered by the committee, be 
 taken up in their order and shall be the standing order for the Committee 
 of the Whole on each succeeding day. This rule shall not control in case 
 a special order is adopted in accordance with the rules of the Convention. 
 
 44. When the Convention shall have arrived at the “General orders of 
 the Day”, it shall go into Committee of the Whole upon such orders, or upon 
 a special order and, except in the absence of a special order, the Committee 
 of the Whole shall consider, act upon or pass the general orders, accord¬ 
 ing to the order of their reference. 
 
 45. Proposals submitted to the Committee of the W'hole shall first be 
 read through, and then read and acted upon by sections. All amendments 
 shall be entered on separate paper, and so reported to the Convention by 
 the chairman. 
 
 46. A motion that the committee arise shall always be in order and 
 shall be decided without debate. 
 
 47. A motion to reconsider shall be in order in Committee of the 
 
 Whole. 
 
 48. The rules of the Convention shall be observed in Committee of the 
 Whole, so far as they may be applicable, except that the vote of a majority 
 
 —2 C J 
 
18 
 
 JOURNAL OF THE 
 
 [Jan. 14, • 
 
 of said committee shall govern its action; it can not refer matters to any 
 other committee; it can not adjourn; the previous question shall not be 
 enforced; the yeas and nays shall not be called; a motion to postpone 
 indefinitely shall not be in order; a member may speak more than once. 
 A Journal of the proceedings in Committee of the Whole shall be kept as 
 in Convention, and debates of the Committee of the Whole shall be re¬ 
 ported in the same manner as debates in Convention. 
 
 49. The Committee of the W'hole may at any time close debate, and 
 bring on a direct vote on any pending proposition by a majority of two- 
 thirds of the committee; and any motion to that end shall not be debatable. 
 
 50. A majority of all delegates elected to the Convention shall con¬ 
 stitute a quorum of the Committee of the Whole. When it shall appear on 
 a division that a quorum is not present, the chairman shall dissolve the 
 committee and the President shall resume the Chair. 
 
 The committee shall have the same powers as the Convention to enforce 
 the attendance of members; and the Secretary and Sergeant-at-Arms shall 
 be the Secretary and Sergeant-at-Arms respectively of the Committee of the 
 Whole. 
 
 VIII. 
 
 PUBLICATIONS. 
 
 51. Under the supervision of the Secretary a daily Journal shall be 
 printed and placed upon the desks of the delegates. The debates of each day 
 shall be printed under the supervision of the President and placed upon 
 the desks of the delegates as promptly as possible. 
 
 IX. 
 
 MOTIONS. 
 
 52. All resolutions or motions calling for the appointment of com¬ 
 mittees, or involving the expenditure of money, or involving the right of 
 a delegate to a seat in the Convention shall require the concurrence of a 
 majority of all the delegates elected, with a yea and nay vote taken and 
 entered on the Journal. No resolution or motion involving the expenditure 
 of money shall be adopted without first having been referred to the Com¬ 
 mittee on Expenditures and Supplies for consideration and report. 
 
 53. No second shall be required to any motion presented to the Con¬ 
 vention. 
 
 54. When a motion is made it shall be stated by the President, or 
 being in writing, it shall be handed to the Secretary and read aloud before 
 being debated. 
 
 55. Every motion shall be reduced to writing, if the President or any 
 delegate shall request it, and shall be entered upon the Journal, together 
 with the name of the delegate making it, unless withdrawn or ruled out of 
 order by the President. 
 
 56. After a motion has been stated by the President or read by the 
 Secretary, it shall be deemed to be in the possession of the Convention, but 
 may be withdrawn at any time before decision or amendment, by leave of 
 
 the Convention. 
 
 57. When a question is under debate, no motion shall be received but; 
 To adjourn. 
 
 To take a recess. 
 
 „Not amendable or debatable. 
 
 1 . 
 
 2 . 
 
 3. 
 
 4. 
 
 5. 
 
 For a call of the convention. 
 To lay on the table. 
 
 For the previous question. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 19 
 
 6. To postpone indefinitely, not amendable but debatable. 
 
 7. To postpone to a day certain.^ 
 
 8. To commit. ^.Precludes debate on main question. 
 
 9. To amend. J 
 
 Which several motions shall take precedence in the order in which they 
 stand arranged. When a recess is taken during the pendency of any ques¬ 
 tion, the consideration of such question shall be resumed upon reassembling, 
 unless otherwise determined. No motion to postpone to a day certain, to 
 commit, or to postpone indefinitely, being decided, shall be again allowed on 
 the same day and at the same stage of the question. 
 
 58. A motion to lay any particular proposition on the table shall apply 
 to that particular proposition only. 
 
 59. The previous question shall be put in this form: 
 
 “Shall the main question be now put?” And until it is decided, shall 
 preclude all amendments or debate. When it is decided that the main ques¬ 
 tion shall not now be put, the main question shall be considered as still re¬ 
 maining under debate. 
 
 The effect of the main question’s being ordered shall be to put an end 
 to all debate, and bring the Convention to a direct vote upon all amendments 
 reported or pending in the inverse order in which they have been offered, 
 and then upon the main question. After the motion for the previous ques¬ 
 tion has prevailed, it shall not be in order to move for a call of the Conven¬ 
 tion unless it shall appear by yeas and nays that no quorum is present (and 
 if a call of the Convention is ordered it shall continue in effect until the vote 
 on the main question has been taken); or to move to adjourn prior to a 
 decision of the main question; provided, if a motion to postpone or to com¬ 
 mit is pending the only effect of the previous question shall be to bring 
 the Convention to a vote upon such motion. 
 
 60. When a blank is to be filled, and different sums or times are pro¬ 
 posed, the question shall first be put on the largest sum and longest time. 
 
 61. Any delegate may call for a division of the question, when divisible, 
 but a motion to strike out and insert shall be indivisible. 
 
 62. When a question has been once put and carried in the affirmative 
 or negative, it shall be in order for a member of the majority to move for 
 reconsideration thereof, or give notice that he will make such motion, but 
 no motion for the reconsideration of any vote shall be in order unless on 
 the same or the next day of actual session of the Convention. A motion to 
 reconsider shall take precedence of all other questions except a motion to 
 adjourn. 
 
 63. No motion or proposition on a subject different from the one under 
 consideration shall be admitted under color of an amendment or substitute. 
 
 X. 
 
 GENERAL RULES. 
 
 64. A majority of all delegates elected to the Convention shall con¬ 
 stitute a quorum, but a smaller number may adjourn from day to day or for 
 less time than one day, and compel the attendance of absent delegates. A 
 call of the Convention may be made for the purpose of obtaining a quorum; 
 or for the purpose of securing the attendance of absent delegates, even 
 though a quorum be present. 
 
 65. Upon a call of the Convention, the names of the delegates shall be 
 called by the Secretary and the absentees noted, after which the names of 
 the absentees shall again be called, the doors shall then be shut, and those 
 for whom insufficient or no excuses are made, may, by order of those 
 present, be taken into custody as they appear, or may be sent for and taken 
 into custody, wherever found by the Sergeant-at-arms. When a call of the 
 Convention has been ordered, the Sergeant-at-arms shall permit no delegate 
 to leave the hall of the Convention. 
 
 66. No person, other than delegates, officers and employees of the 
 Convention, the elected State Officers of the Executive department, the Sec- 
 
20 
 
 JOUBNAL OF THE 
 
 [Jan. 14, 
 
 retary to the Governor and the Judges and Clerk of the Supreme Court, 
 shall be entitled to remain on the floor of the Convention while it is in 
 session. Representatives of the Press while the Convention is in session 
 shall have access to the galleries and places allotted to them by the Presi¬ 
 dent. 
 
 67. No smoking shall be allowed in the hall, lobbies or galleries. 
 
 68. Every delegate presenting a paper containing subject matter for 
 the consideration of the Convention shall endorse the same with a brief 
 statement of its subject or contents, adding his name. 
 
 69. Upon the demand of five delegates, which may be oral or in 
 writing, and made before or after a viva voce vote, or before or after a 
 division, the yeas and nays shall be taken on any question, and entered 
 upon the Journal. Such demand shall be made before proceeding to other 
 business. 
 
 70. Upon a call of the Convention for the yeas and nays on any ques¬ 
 tion the names of the delegates shall be called in alphabetical order. 
 
 71. When the reading of a paper is called for, and the same is objected 
 to by any delegate, the question shall be determined by a vote of the Con¬ 
 vention. 
 
 72. No memorial, remonstrance or petition shall be printed in full in 
 the daily Journal unless ordered by the Convention. 
 
 73. Whenever any delegate is about to speak in debate or deliver any 
 matter to the Convention, he shall rise in his seat and respectfully address 
 himself to “Mr. President,” and confine himself to the question under de¬ 
 bate, and avoid personalities, and no motion shall be considered in order 
 unless made from the seat allotted to the delegate. 
 
 74. Any two or more delegates shall have the liberty to dissent from, 
 and protest, in respectful language, against any act taken or resolution 
 adopted which they shall think injurious to the public or any individual, 
 and have the reasons for their dissent entered upon the Journal. 
 
 75. Questions shall be put substantially in this form, viz: “As many 
 as are of the opinion that” (as the case may be) “say ‘aye,’” and, after the 
 affirmative vote is expressed, “As many as are of the contrary opinion 
 say ‘No’”. If the President doubts, or if a division be called for, the Con¬ 
 vention shall divide; those in the affirmative shall first rise from their 
 seats, and afterwards those in the negative. 
 
 76. On all appeals from the decisions of the Chair, (which must be 
 seconded) the question shall be “Shall the judgment of the Chair stand as 
 the judgment of the Convention?” which shall be decided by a rising vote, 
 unless otherwise ordered by the Convention. 
 
 77. No rule shall be suspended without the vote on roll call or divis¬ 
 ion, of two-thirds of the delegates present; nor shall any rule be altered 
 or amended without one day’s notice being given of the motion thereof, 
 and the vote on roll call of a majority of the delegates elected, but any 
 amendment or alteration reported by the Committee on Rules and Pro¬ 
 cedure may be adopted at any time on roll call or division by a majority 
 of the delegates elected. 
 
 78. The rules of parliamentary practice comprised in Cushing’s Law 
 and Practice of Legislative Assemblies, shall govern the Convention in all 
 cases in which they are applicable and in which they are not inconsistent 
 with the rules of the Convention. 
 
 79. The provisions of an act entitled: “An Act to assemble a Con¬ 
 vention to revise, alter or amend the Constitution of the State of Illinois,” 
 approved June 21, 1919, shall obtain and control in all respects insofar as 
 same applies to the acts or proceedings of this Convention, in the same 
 manner as if such provision or provisions was or were incorporated herein 
 as part hereof and as supplemental hereto. That no rule, act or proceeding 
 of this Convention shall be construed to in any manner conflict with or 
 contradict any of the provisions of said act. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 21 
 
 The Secretary then proceeded to take up the rules numerically, 
 section by section, for consideration as follows: 
 
 Section 1. No change. 
 
 Section 2. No change. 
 
 Section 3. No change. 
 
 Section 4. No change. 
 
 Section 5. No change. 
 
 Section 6. 
 
 Mr. Michaelson offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 1. 
 
 Amend section 6, by striking out the words “one week” and inserting 
 in lieu thereof the words “one day.” 
 
 The question being on the adoption of the amendment. 
 It was decided in the negative. 
 
 Section 7. 
 Section 8. 
 Section 9. 
 Section 10. 
 Section 11. 
 Section 12. 
 Section 13. 
 Section 14. 
 Section 15. 
 
 No change. 
 No change. 
 No change. 
 No change. 
 No change. 
 No change. 
 No change. 
 No change. 
 
 Mr. Michal offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 2. 
 
 Amend section 15 by substituting therefor the following: “The Con¬ 
 vention shall be in session upon Tuesdays, Wednesdays and Thursdays of 
 each and every week from 10:00 o’clock a. m., to 5:00 o’clock p. m., unless 
 otherwise ordered by a majority of the delegates. 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the negative. 
 
 At the hour of 12:30 o’clock p. m., Mr. Lindly moved that the 
 Convention do now take a recess until 2 :30 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :30 o'Clock P. M. 
 
 The hour of 2:30 o’clock p. m. having arrived, the Convention 
 resumed its session. 
 
 The President presiding. 
 
 The order of business at the hour of taking a recess being the con¬ 
 sideration of the report of the Committee on Rules, the same was again 
 
 taken up. 
 
 Section 16. No change. 
 
 Section 17. No change. 
 
 Section 18. No change. 
 
 Section 19. No change. 
 
 Section 20. 
 
22 journal of the [Jan. 14, 
 
 Mr. Jarman offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 3. 
 
 Insert after the word “rejected,” in line 5 of Rule 20 the following: 
 “Provided, that no such report shall be made by any committee prior to the 
 first day of March, 1920.” 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the negative. 
 
 Section 21. No change. 
 
 Section 22. No change. 
 
 Section 23. No change. 
 
 Section 24. No change. 
 
 Section 25. 
 
 Mr. Dunlap offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 4. 
 
 Amend section 25 by striking out the word “unfinished” in the last line 
 of said section and inserting between the words “the” and “order” the word 
 “same” and by adding the following at the end of said section: “after the 
 special orders theretofor set for such succeeding day.” 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the affirmative. 
 
 Section 26. No change. 
 
 Section 27. 
 
 Mr. Jarman offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 5. 
 
 Amend section 27 by adding the following: “and every Delegate within 
 the bar of the Convention when a question is stated from the Chair shall 
 vote thereon, unless he be excused by the Convention.” 
 
 The question being on the adoption of the amendment. 
 It was decided in the negative. 
 
 Section 28. 
 Section 29. 
 Section 30. 
 Section 31. 
 Section 32. 
 Section 33. 
 
 No. change. 
 No. change. 
 No. change. 
 No. change. 
 No. change. 
 
 Mr. Jarman offered the following 
 adoption: 
 
 amendment and moved its 
 
 Amendment No. 6. 
 
 Amend section 33 as follows: Strike out all after the figure 33, and 
 insert the following: “A request to be excused from voting, or an explana¬ 
 tion of a vote by any Delegate shall be a question of privilege; and any 
 member requesting to be excused from voting, or desiring to explain his 
 vote, may make, when his name is called, a brief statement of his reasons 
 for making such request, or an explanation of his vote, not exceeding three 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 23 
 
 minutes in time, and the Convention, without debate, shall decide if it will 
 grant such request to be excused from voting; but nothing in this rule 
 contained shall abridge the right of any member to record his vote on any 
 question previous to the announcement of the result.” 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the negative. 
 
 Section 34. 
 
 Mr. Dunlap offered the following amendment and moved its 
 
 adoption: 
 
 Amendment No. 7. 
 
 Amend section 34 by striking out the word “agriculture” in line 12 and 
 by creating an additional committee to be known as the Committee on 
 Agriculture consisting of 15 members. 
 
 Pending consideration, Mr. Rinaker offered the following substi¬ 
 tute and moved its adoption: 
 
 Amend section 34 in line 12 by striking out the words “Industrial Affairs, 
 Agriculture and Labor” and inserting in lieu thereof the words “Economic 
 Relations.” 
 
 Mr. Dunlap moved to lay the substitute on the table. 
 
 And the question being on the motion to table. 
 
 It was decided in the affirmative. 
 
 The question recurring on the adoption of Amendment No. 7, a 
 division was had resulting as follows; Yeas, 53; nays, 36. 
 
 And Amendment No. 7 was adopted. 
 
 Mr. Scanlan offered the following amendment and moved its 
 
 adoption: 
 
 Amendment No. 8. 
 
 Amend section 34, in line 14 by striking out the figures “15” and insert¬ 
 ing in lieu thereof the figures “21.” 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the negative. 
 
 Section 35. No change. 
 
 Section 36. 
 
 Mr. Dove offered the following amendment and moved its adoption: 
 
 Amendment No. 9. 
 
 Amend section 36, by inserting after the last word, “public” the follow¬ 
 ing: Any person who desires to appear before any of the standing or select 
 committees of this Convention for the purpose of presenting arguments for 
 or against any proposition committed to the consideration of any com¬ 
 mittee of the Convention or pending before the Convention itself, shall first 
 register his or her name and address with the Secretary of this Convention 
 or with the secretary of any committee before which he or she may desire 
 to appear, together with all information as to the capacity in which he or 
 she so appears, the fact whether or not he or she has received or expects to 
 receive compensation for such service and by whom said compensation is to 
 be paid. All records of the Secretary provided for under this rule shall be 
 open to the public. 
 
 Mr. Michal moved to lay the amendment on the table. 
 
24 
 
 JOURNAL OF THE 
 
 [Jan. 14, 
 
 And the question being on the motion to table. 
 It was decided in the affirmative. 
 
 Section 37. 
 Section 38. 
 Section 39. 
 Section 40. 
 Section 41. 
 Section 42. 
 Section 43. 
 Section 44. 
 
 No change. 
 No change. 
 No change. 
 No change. 
 No change. 
 No change. 
 No change. 
 
 Mr. Hull ottered the following amendment and moved its adoption: 
 
 Amendment No. 10. 
 
 Amend section 44 by striking out the word “except” in line 3 of said 
 section. 
 
 The question being on the adoption of the amendment. 
 It was decided in the affirmative. 
 
 Section 45. 
 Section 46. 
 Section 47. 
 Section 48. 
 Section 49. 
 
 No change. 
 No change. 
 No change. 
 No change. 
 
 Mr. Kinaker offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 11. 
 
 Amend section 49, by inserting after the word “committee” in line 3 
 thereof, the words “present and voting on the question.” 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the affirmative. 
 
 Section 50. No change. 
 
 Section 51. 
 
 Mr. Michaelson offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 12. 
 
 Amend by the addition of Rule 51A as follows: At least 90 days prior 
 to the day of election at which the Constitution shall be submitted to a vote 
 of the electors of the State of Illinois, the Convention, under the supervision 
 of the President and Secretary, shall have printed, published and mailed to 
 every qualified voter in the State, a copy of the Constitution as adopted by 
 the Convention, together with a majority brief on each article, same not to 
 exceed 500 words and a minority brief to any article, same not to exceed 
 500 words, said majority brief to bear the signature of the chairman of the 
 committee having had the matter in charge and said minority brief if any 
 there be, to be signed by Delegate or Delegates submitting the same. 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the negative. 
 
 Section 52. No change. 
 
 Section 53. No change. 
 
 Section 54. No change. 
 
CONSTITUTIONAL CONVENTION. 
 
 25 
 
 1920.] 
 
 Section 
 
 Section 
 
 Section 
 
 Section 
 
 Section 
 
 Section 
 
 Section 
 
 Section 
 
 55. 
 
 No 
 
 change. 
 
 56. 
 
 No 
 
 change. 
 
 57. 
 
 No 
 
 change. 
 
 58. 
 
 No 
 
 change. 
 
 59. 
 
 No 
 
 change. 
 
 60. 
 
 No 
 
 change. 
 
 61. 
 
 No 
 
 change. 
 
 62. 
 
 
 
 Mr. Dunlap offered 
 adoption: 
 
 the following amendment and 
 
 moved 
 
 its 
 
 Amendment No. 13. 
 
 Amend section 62 by inserting after the word “Convention” in the fifth 
 line of the printed rule the following “Provided that should the member 
 giving notice of a motion to reconsider not make such motion within the 
 time prescribed by the rules, any other members voting in the majority may 
 make such motion within the next session of the Convention. 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the affirmative. 
 
 Section 63. No change. 
 
 Section 64. No change. 
 
 Section 65. No change. 
 
 Section 66. 
 
 Mr. Rinaker offered the following amendment and moved its 
 
 adoption: 
 
 Amendment No. 14. 
 
 Amend section 66, by inserting after the word “court” in line 3 thereof, 
 the words “members of former Constitutional Conventions of this State.” 
 
 The question being on the adoption of the amendment. 
 
 It was decided in the affirmative. 
 
 Section 
 
 67. 
 
 No 
 
 Section 
 
 68. 
 
 No 
 
 Section 
 
 69. 
 
 No 
 
 Section 
 
 70. 
 
 No 
 
 Section 
 
 71. 
 
 No 
 
 Section 
 
 72. 
 
 No 
 
 Section 
 
 73. 
 
 No 
 
 Section 
 
 74. 
 
 No 
 
 Section 
 
 75. 
 
 No 
 
 Section 
 
 76. 
 
 No 
 
 Section 
 
 77. 
 
 No 
 
 Section 
 
 78. 
 
 No 
 
 Section 79. 
 
 Mr. Dawes 
 
 change. 
 
 change. 
 
 change. 
 
 change. 
 
 change. 
 
 change. 
 
 change. 
 
 change. 
 
 change. 
 
 change. 
 
 change. 
 
 change. 
 
 offered the following amendment and moved its adoption: 
 
 Amendment No. 15. 
 
 Amend by striking out all of section 79. 
 
 Pending consideration, Mr. Sutherland moved that further con¬ 
 sideration of Amendment No. 15 be postponed until tomorrow. 
 
 And the question being on the motion to postpone. 
 
 It was decided in the negative. 
 
26 journal of the [Jan. 14, 
 
 The question recurring on the adoption of Amendment Yo. 15, a 
 division was had resulting as follows: Yeas, 47; nays, 38. 
 
 And the amendment was adopted. 
 
 The question then being, "Shall the report of the Committee on 
 Buies, as amended, be adopted?” 
 
 It was decided in the affirmative. 
 
 Mr. Gorman offered the following resolution and moved its 
 adoption: 
 
 Resolution No. 7. 
 
 Whereas, Almost at the inception of our labors, the Angel of Death has 
 descended upon us and removed from our midst, Delegate Michael F. Sulli¬ 
 van of the Second Senatorial District; and, 
 
 Whereas, In the decease of him, who has suddenly been summoned 
 across the Great Divide, the people of Cook County have lost an efficient 
 public officer, who has for numerous years functioned in divers ministerial 
 positions of civic trust; and. 
 
 Whereas, In his death, this Constitutional Convention is bereft of one 
 whose learning and vast experience would have lent lustre to its solemn 
 deliberations, and many Delegates now mourn the loss of an intimate friend 
 of long association; therefore, be it, 
 
 Resolved, That the President of the Convention appoint a committee of 
 Delegates to attend the funeral of our late co-Delegate, Michael F. Sullivan; 
 that these resolutions be entered upon the Journal of the Convention and 
 a copy of the same be sent by the Secretary of the Convention to the family 
 of the deceased; and in order to show our sorrow for the demise of our 
 lamented co-Delegate and to renew our reverential allegiance to the Divinity 
 which shapes our destiny, that we do now adjourn. 
 
 The resolution was unanimously adopted by a rising vote. 
 
 The President announced the appointment of the following com¬ 
 mittee to attend the funeral: Messrs. Gorman, O'Brien, Bosenberg, 
 Michaelson, Corcoran, Potts, Kunde, Pincus, Iarussi, Beckman, Traeger, 
 Latchford, Davis, Wolff, Chas. Woodward, Frole, McEwen, Michal, 
 Sutherland and E. H. Dupee. 
 
 And in accordance therewith, at the hour of 6 :05 o’clock p. m., the 
 Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 27 
 
 THURSDAY, JANUARY 15, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Lester Leake Riley, of the Christ 
 Episcopal Church, of Springfield. 
 
 The Journal of yesterday was being read, when, on motion of Mr. 
 Shanahan, the further reading of the same was dispensed with and it 
 was ordered to stand approved. 
 
 The President laid before the Convention the appointment of the 
 following committees, provided for under the rules, to-wit: 
 
 Rules and Procedure —Mr. President, Chairman; Green, Shanahan, Cur¬ 
 tis, Hamill, Trautman, Gale, Wall, Pearce and Quinn. 
 
 Expenditures and Supplies —Wilson, Chairman; Stahl, Taff, Paddock 
 and Six. 
 
 Mr. Gale offered the following resolution and moved its adoption: 
 
 Resolution No. 8. 
 
 Resolved , That the President of this Convention be and he is hereby 
 authorized to appoint the following employees to the respective positions 
 hereinafter enumerated at the respective compensations hereinafter pro¬ 
 vided as follows: 
 
 One legal secretary to the President at the rate of $350 per month. 
 
 One private Secretary to the President at the rate of $180 per month. 
 
 One stenographer to the President at the rate of $125 per month. 
 
 One messenger to the President at the rate of $105 per month. 
 
 One janitor for the executive offices at the rate of $105 per month. 
 
 One Sergeant-at-Arms at the rate of $200 per month. 
 
 One First Assistant Sergeant-at-Arms at the rate of $150 per month. 
 
 Five assistants to the Sergeant-at-Arms at the rate of $125 per month 
 each. 
 
 Nine janitors at the rate of $105 per month each. 
 
 Two cloakroom attendants at the rate of $105 per month each. 
 
 One toilet room attendant at the rate of $105 per month. 
 
 One assistant postmaster at the rate of $125 per month. 
 
 One postmaster at the rate of $125 per month. 
 
 One mail carrier at the rate of $105 per month. 
 
 Ten pages at the rate of $12 per week each. 
 
 Twenty stenographers and clerks at the rate of $125 per month each. 
 
 One press messenger at the rate of $150 per month. 
 
 One first assistant to the Secretary at the rate of $275 per month. 
 
 One second assistant to the Secretary at the rate of $200 per month. 
 
 One Journal Clerk at the rate of $180 per month. 
 
 Two file clerks at the rate of $150 per month each. 
 
 Two stenographers to the Secretary at the rate of $150 per month each. 
 
 One bookkeeper to the Secretary at the rate of $150 per month. 
 
 One janitor for the Secretary’s offices at the rate of $105 per month. 
 
 One Chaplain at the rate of $40 per week. 
 
 One clerk to the Committee on Phraseology and Style at the rate of 
 $200 per month. 
 
 Two typists to the Committee on Phraseology and Style at the rate of 
 
 $150 per month. 
 
28 
 
 JOURNAL OF THE [Jan. 15, 
 
 Pending consideration, Mr. Revell moved that the resolution be 
 referred to the Committee on Expenditures and Supplies. 
 
 And the motion was lost. 
 
 The question recurring on the adoption of the resolution, a call of 
 the roll was had resulting as follows: Yeas, 78; nays, 3. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Baldwin 
 
 Dietz 
 
 Hamill 
 
 Mighell 
 
 Shuey 
 
 Barr 
 
 Dryer 
 
 Hogan 
 
 Miller 
 
 Smith 
 
 Beckman 
 
 Dunlap 
 
 Hollenbeck 
 
 Mills 
 
 Stahl 
 
 Brandon 
 
 Dupee, E. H. 
 
 Jack 
 
 Moore 
 
 Stewart 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Nichols 
 
 Sutherland 
 
 Brewster 
 
 Elting 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Tanner 
 
 Carlstrom 
 
 Fifer 
 
 Kerrick 
 
 Paddock 
 
 Todd 
 
 Chew 
 
 Fyke 
 
 Kunde 
 
 Parker 
 
 Torrance 
 
 Clarke 
 
 Gale 
 
 Latchford 
 
 Pincus 
 
 Trautmann 
 
 Conkling 
 
 Ganschow 
 
 Lill 
 
 Quinn 
 
 Wall 
 
 Coolley 
 
 Garrett 
 
 Lindly 
 
 Revell 
 
 Whitman 
 
 Corlett 
 
 Gee 
 
 Lohman 
 
 Rinaker 
 
 Wilson 
 
 Cruden 
 
 Gilbert 
 
 Mack 
 
 Scanlan 
 
 Wolff 
 
 Curtis 
 
 Goodyear 
 
 McGuire 
 
 Shanahan 
 
 Woodward 
 
 Dawes 
 
 Gray 
 
 Meinert 
 
 Shaw 
 
 Mr. . President 
 
 De Young 
 
 Green 
 
 Michaelson 
 
 
 Yeas—7 
 
 Those voting in the negative are: Messrs. 
 
 Cutting Dove Six Nays—3. 
 
 And the resolution was adopted. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Mighell introduced Proposal Ho. 1, a Proposal to provide 
 against double taxation of real estate. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal Ho. 2, a Proposal touching 
 preamble. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal Ho. 3, a Proposal touching 
 boundaries and jurisdiction. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 M. Carlstrom introduced Proposal Ho. 4, a Proposal touching bill 
 of rights. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal Ho. 5, a Proposal touching 
 separation of three departments of government. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal Ho. 6, a Proposal touching 
 Legislative Department. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal Ho. 7, a Proposal touching 
 Executive Department. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal Ho. 8, a Proposal touching 
 Judicial Department. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal Ho. 9, a Proposal touching 
 suffrage. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 29 
 
 Mr. Carlstrom introduced Proposal No. 10, a Proposal touching 
 
 education. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Carlstrom introduced Proposal No. 11, a Proposal touching 
 
 revenue. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Carlstrom introduced Proposal No. 12, a Proposal touching 
 
 counties. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Carlstrom introduced Proposal No. 13, a Proposal touching 
 
 corporations. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Carlstrom introduced Proposal No. 14, a Proposal touching 
 
 militia. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Carlstrom introduced Proposal No. 15, a Proposal touching 
 warehouses. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Carlstrom introduced Proposal No. 16, a Proposal touching 
 methods of amendment. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Carlstrom introduced Proposal No. 17, a Proposal touching 
 separate sections. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Carlstrom introduced Proposal No. 18, a Proposal touching 
 
 the “Schedule.” 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Carlstrom introduced Proposal No. 19, a Proposal relating to 
 the preamble and sections of the Constitution of 1870. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Dunlap introduced Proposal No. 20, a Proposal to amend sec¬ 
 tion 1 of Article YII of the Constitution. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Beckman introduced Proposal No. 21, a Proposal for home rule 
 for cities. * 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Beckman introduced Proposal No. 22, a Proposal in aid of 
 home rule for cities. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Jarman introduced Proposal No. 23, a Proposal in relation to 
 
 sedition. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Jarman introduced Proposal No. 24, a Proposal to amend 
 Article VIII of the Constitution, in relation to education. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Jarman introduced Proposal No. 25, a Proposal to amend sec¬ 
 tions 6, 7 and 8 of Article 4 of the Constitution, relating to apportion¬ 
 ment and the number of Senators and Representatives in the General 
 Assembly. 
 
30 
 
 JOURNAL OF THE 
 
 [Jan. 15, 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Jarman introduced Proposal No. 26, a Proposal to amend 
 Article 6, being the article of the Judiciary Department. 
 
 The Proposal was taken np, read by title, and advanced for reference. 
 
 Mr. Green moved that when the Convention adjourns today it stand 
 adjourned until 10:00 o’clock a. m., Tuesday, January 20, 1920. 
 
 And the motion prevailed. 
 
 Mr. Jarman offered the following resolution and moved its adoption: 
 
 Resolution No. 9. 
 
 Whereas, The 12th day of February, l£20, is the anniversary of the 
 birth of Abraham Lincoln; therefore be it 
 
 Resolved , That this Convention commemorate said event on that day by 
 appropriate exercises; and be it further 
 
 Resolved, That the President be and he is hereby authorized to make 
 the necessary arrangements therefor. 
 
 And the resolution was adopted. 
 
 At the hour of 11:00 o’clock a. m., Mr. Brenholt moved that the 
 Convention do now adjourn. 
 
 The motion prevailed and the Convention stood adjourned until 
 Tuesday, January 20, 1920, at 10:00 o’clock a. m. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 31 
 
 TUESDAY, JANUARY 20, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. A. El Browning, of the Harvard 
 Park Baptist Church, of Springfield. 
 
 The Journal of Thursday, January 15, was being read, when, on 
 motion of Mr. Hamill, the further reading of the same was dispensed 
 with and it was ordered to stand approved. 
 
 The President laid before the Convention a petition from the Boys’ 
 Brotherhood Republic dealing with the interests of Boys, which was 
 referred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 Mr. Carlstrom asked unanimous consent of the Convention to with¬ 
 draw Proposals Nos. 8, 16, 17 and 19, introduced by him on January 15. 
 
 The request was granted and the Proposals were thereupon with¬ 
 drawn from further consideration by the Convention. 
 
 Mr. Wilson, from the Committee on Expenditures and Supplies, 
 offered the following resolution and moved its adoption: 
 
 Resolution No. 10. 
 
 Resolved, By the Convention that the President be, and he is hereby, 
 authorized to appoint a competent person as official reporter to report and 
 transcribe all the proceedings and debates occuring within the Convention 
 hall, and, be it further 
 
 Resolved, That the compensation of such official reporter for such re¬ 
 porting and transcribing be at the rate of three hundred and fifty ($350.00) 
 dollars per week. 
 
 And the resolution was adopted. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Revell introduced Proposal No. 27, a Proposal to amend section 
 
 1 of Article VIII. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Nichols introduced Proposal No. 28, a Proposal to extend 
 suffrage to citizens in the military service. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Whitman introduced Proposal No. 29, a Proposal for the pro¬ 
 posed judiciary system under the new Constitution. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Stahl introduced Proposal No. 30, a Proposal to prevent dis¬ 
 crimination and extortion in rates charged by public utility corporations. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 31, a Proposal to amend section 
 18 of Article 2, Bill of Rights. 
 
32 
 
 JOURNAL OF THE 
 
 [Jan. 20, 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 32, a Proposal to amend section 
 3 of Article 2. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 33, a Proposal to amend section 
 5 of Article 5, Executive Department. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 34, a Proposal to amend section 
 1 of Article 7, suffrage. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 35, a Proposal to amend section 
 1 of Article VIII. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Corlett introduced Proposal No. 36, a Proposal to invest the 
 Probate Court with chancery jurisdiction to administer testamentary 
 trusts, and to partition real estate while administering estates. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Corlett introduced Proposal No. 37, a Proposal to secure repre¬ 
 sentation in the General Assembly for every county in the State of 
 Illinois. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Jarman introduced Proposal No. 38, a Proposal to amend 
 Article 6, in relation to the Judiciary Department and the Appellate 
 Court. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Jarman introduced Proposal No. 39, a Proposal to amend 
 Article 6, in relation to the Judiciary Department. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Jarman introduced Proposal No. 40, a Proposal to amend 
 Article 6, in relation to the Supreme and Appellate Court entering final 
 judgment. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 The Convention proceeding on the order of First Eeading and 
 Eeference of Proposals. 
 
 Proposal No. 1, a Proposal to provide against double taxation of 
 real estate. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Eevenue, Taxation and Finance, when 
 appointed. 
 
 Proposal No. 2, a Proposal to continue the preamble of the present 
 .Constitution in the new Constitution. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Eights, when appointed. 
 
 Proposal No. 3, a Proposal to amend and change the present article 
 of the Constitution relative to the boundaries of the State. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Miscellaneous Subjects, when appointed. 
 
 Proposal No. 4, a Proposal to continue the present bill of rights 
 with certain exceptions. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 33 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Bights, when appointed. 
 
 Proposal No. 5, a Proposal to provide for the separation of the 
 government into three departments. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Miscellaneous Subjects, when appointed. 
 
 Proposal No. 6, a Proposal to create the Legislative Department. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Legislative Department, when appointed. 
 
 Proposal No. 7, a Proposal to create the Executive Department. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Executive Department, when appointed. 
 
 Proposal No. 8, withdrawn. 
 
 Proposal No. 9, a Proposal to define the right of suffrage. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Suffrage, when appointed. 
 
 Proposal No. 10, a Proposal to retain Article 8, present Constitution 
 on “Education” with certain amendments. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education, when appointed. 
 
 Proposal No. 11, a Proposal to retain in the new Constitution cer¬ 
 tain sections of the revenue article in the present Constitution. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, taxation and Finance, when 
 appointed. 
 
 Proposal No. 12, a Proposal to retain in the new Constitution cer¬ 
 tain sections of the article on counties in the present Constitution. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on County and Township Government, when 
 appointed. 
 
 Proposal No. 13, a Proposal to retain in the new Constitution cer¬ 
 tain sections of the article on corporations in the present Constitution. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Corporations and Cooperative Associa¬ 
 tions, when appointed. 
 
 Proposal No. 14, a Proposal to retain in the new Constitution the 
 article on militia in the present Constitution. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Military Affairs, when appointed. 
 
 Proposal No. 15, a Proposal to retain in the new Constitution the 
 article on warehouses in the present Constitution. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Distinction between Constitutional and 
 Legislative Subjects, when appointed. 
 
 Proposal No. 16, withdrawn. 
 
 Proposal No. 17, withdrawn. 
 
 Proposal No. 18, a Proposal to retain in the new Constitution cer¬ 
 tain sections of the present Constitution relative to schedule. 
 
 —3 C J 
 
34 
 
 journal of the [Jan. 20, 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Schedule, when appointed. 
 
 Proposal No. 19, withdrawn. 
 
 Proposal No. 20, a Proposal to amend section 1 of Article VII of 
 the Constitution. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Suffrage, when appointed. 
 
 Proposal No. 21, a Proposal for home rule for cities. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Chicago and Cook County, when appointed. 
 
 Proposal No. 22, a Proposal in aid of home rule for cities. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Chicago and Cook County, when appointed. 
 
 Proposal No. 23, a Proposal to declare certain acts by public offi¬ 
 cers, sedition. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Distinction between Constitutional and 
 Legislative Subjects, when appointed. 
 
 Proposal No. 24, a Proposal to amend Article VIII of the Consti¬ 
 tution, in relation to education. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education, when appointed. 
 
 Proposal No. 25, a Proposal to amend sections 6, 7 and 8 of Article 
 4 of the Constitution, relating to apportionment and the number of 
 Senators and Representatives in the General Assembly. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Legislative Department, when appointed. 
 
 Proposal No. 26, a Proposal to amend Article 6, being the article of 
 the Judicial Department. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judiciary Department, when appointed. 
 
 At the hour of 11:05 o’clock a. m., Mr. Curtis moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 35 
 
 WEDNESDAY, JANUARY 21, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. T. N. Ewing, of the First Methodist 
 Episcopal Church, of Springfield. 
 
 The Journal of yesterday was being read, when, on motion of Mr. 
 Brenholt, the further reading of the same was dispensed with and it was 
 ordered to stand approved. 
 
 The President called to the attention of the Convention the pro¬ 
 vision of the rules requiring that all resolutions involving the expenditure 
 of moneys be adopted by a yea and nay vote on a roll call and stated that 
 on yesterday Resolution No. 10, offered by Mr. Wilson, was adopted by 
 a viva voce vote and thereupon, by unanimous consent, the vote by which 
 the resolution was adopted was reconsidered and the roll called on its 
 adoption by the yea and nay vote by the Convention, as follows: 
 
 Those voting in the affirmative are: Messrs. 
 
 Baldwin 
 
 Dawes 
 
 Green 
 
 Meinert 
 
 Stahl 
 
 Barr 
 
 De Young 
 
 Hamill 
 
 Mighell 
 
 Stewart 
 
 Beckman 
 
 Dove 
 
 Hogan 
 
 Miller 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Hollenbeck 
 
 Mills 
 
 Taft 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Hull 
 
 Moore 
 
 Todd 
 
 Carey 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Morris 
 
 Torrance 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Nichols 
 
 Traeger 
 
 Chew 
 
 Fifer 
 
 Johnson, W. A. 
 
 Paddock 
 
 Trautmann 
 
 Conkling 
 
 Fyke 
 
 Kerrick 
 
 Potts 
 
 Wall 
 
 Coolley 
 
 Gale 
 
 Kunde 
 
 Quinn 
 
 Warren 
 
 Corcoran 
 
 Ganschow 
 
 Latchford 
 
 Revell 
 
 Whitman 
 
 Corlett 
 
 Garrett 
 
 Lill 
 
 Rinaker 
 
 Wilson 
 
 Cruden 
 
 Gilbert 
 
 Lindly 
 
 Shanahan 
 
 Wolff 
 
 Curtis 
 
 Goodyear 
 
 Lohman 
 
 Shaw 
 
 Mr. President 
 
 Cutting 
 
 Gorman 
 
 Mack 
 
 Six 
 
 Yeas—77. 
 
 Davis 
 
 Gray 
 
 McGuire 
 
 
 Nays—0. 
 
 And the resolution was adopted. 
 
 The President laid before the Convention the papers in the election 
 contest in the Thirty-first District entitled Robert E. Burke vs. William 
 H. Beckman and Eugene H. Dupee, which were referred to the Com¬ 
 mittee on Qualifications and Election of Delegates, when appointed. 
 
 Mr. Cruden presented a petition from the Central Health Com¬ 
 mittee relating to individual liberty and the profession and practice of 
 healing, which was referred to the Committee on Bill of Rights, when 
 appointed. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Cruden introduced Proposal No. 41, a Proposal to amend sec¬ 
 tion 8 of Article 10 of the Constitution in relation to the election and 
 qualifications of sheriffs and county treasurers. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
36 
 
 JOURNAL OF THE 
 
 [Jan. 21, 
 
 Mr. Cruden introduced Proposal No. 42, a Proposal to amend sec¬ 
 tions 1, 2 and 3 of Article 5 of the Constitution in relation to qualifica¬ 
 tions, election and tenure of the State Treasurer. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Cruden introduced Proposal No. 43, a Proposal in regard to 
 taxation. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Dove introduced Proposal No. 44, a Proposal in regard to in¬ 
 come taxes. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Smith introduced Proposal No. 45, a Proposal to amend section 
 8 of Article 10 of the Constitution in relation to the election and qualifi¬ 
 cations of sheriffs and count} 7 treasurers. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal No. 46, a Proposal to retain in 
 the new Constitution the separate section of the present Constitution 
 entitled “Convict Labor.” 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal No. 47, a Proposal to retain in 
 the new Constitution the separate section of the present Constitution 
 entitled “Canal.” 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal No. 48, a Proposal to retain in 
 the new Constitution the separate section entitled “Municipal subscrip¬ 
 tion to Eailroads or private Corporations” in the present Constitution. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Carlstrom introduced Proposal No. 49, a Proposal to retain in 
 the new Constitution separate section of the present Constitution en¬ 
 titled “Illinois Central Railroad.” 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No. 50, a Proposal in regard to 
 executive and administrative powers. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No. 51, a Proposal in relation to 
 section 32 of Article 6. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No. 52, a Proposal in relation to 
 section 8, Article 10 of the Constitution of 1870. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Cruden introduced Proposal No. 53, a Proposal to amend sec¬ 
 tion 1 of Article 7 of the Constitution, in relation to woman suffrage 
 and the eligibility of women to jury service. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Cruden introduced Proposal No. 54, a Proposal in regard to 
 revenue. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 27, a Proposal to provide free schools. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 37 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education when appointed. 
 
 Proposal No. 28, a Proposal to extend suffrage to citizens in the 
 military service. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Suffrage, when appointed. 
 
 Proposal No. 29, a Proposal for a proposed judiciary system. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department, when appointed. 
 
 Proposal No. 30, a Proposal to prevent discrimination and extor¬ 
 tion in rates charged by public utility corporations. 
 
 Was taken up, read at large a. first time, ordered printed and 
 referred to the Committee on Corporations and Cooperative Associations, 
 when appointed. 
 
 Proposal No. 31, a Proposal to amend section 18 of Article 2, Bill 
 of Eights affecting elections. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Eights, when appointed. 
 
 Proposal No. 32, a Proposal for guaranteeing freedom of worship. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Eights, when appointed. 
 
 Proposal No. 33, a Proposal requiring the Governor or Lieutenant 
 Governor to be an American born citizen. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Executive Department, when appointed. 
 
 Proposal No. 34, a Proposal to extend suffrage to women and pre¬ 
 vent all persons non compos mentis from voting. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Suffrage, when appointed. 
 
 Proposal No. 35, a Proposal for teaching English to adult foreigners 
 in public schools and for conducting public schools in the English 
 language only and incorporating, private institutions of learning in 
 State educational systems. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education, when appointed. 
 
 Proposal No. 36, a Proposal to invest the Probate Court with 
 chancery jurisdiction to administer testamentary trusts, and to partition 
 real estate while administering estates. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department, when appointed. 
 
 Proposal No. 37, a Proposal to secure representation in the General 
 Assembly for every county in the State of Illinois. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Legislative Department, when appointed. 
 
 Proposal No. 38, a Proposal to amend Article 6, in relation to the 
 Judiciary Department and the Appellate Court. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department, when appointed. 
 
38 
 
 JOURNAL OF THE 
 
 [Jan. 21, 
 
 Proposal No. 39, a Proposal to amend Article 6, in relation to the 
 Judiciary Department, providing that courts shall always he open. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department, when appointed. 
 
 Proposal No. 40, a Proposal to amend Article 6, in relation to the 
 Supreme and Appellate Courts entering final judgment. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department, when appointed. 
 
 Mr. Wilson, from the Committee on Expenditures and Supplies, 
 offered the following resolution and moved its adoption: 
 
 Resolution No. 11. 
 
 Resolved, By the Convention, that the President, with the approval or 
 the Committee on Expenditures and Supplies, be and he is hereby authorized 
 to incur and certify vouchers for the legitimate and necessary expenses for 
 the following purposes: 
 
 Incidental and other expenses of committees. 
 
 Rent of typewriters. 
 
 Printing of Journal, hand books, calendars for the day and of Pro¬ 
 posals. 
 
 Telephones and telegrams. 
 
 All necessary incidental expenses not specifically stated herein. 
 
 The question being on the adoption of the resolution, a call of the 
 
 roll was 
 
 had, resulting as 
 
 follows: Yeas, 
 
 82; nays, 0. 
 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Baldwin 
 
 Dove 
 
 Hollenbeck 
 
 Miller 
 
 Stahl 
 
 Barr 
 
 Dunlap 
 
 Hull 
 
 Mills 
 
 Stewart 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Moore 
 
 Sutherland 
 
 Brandon 
 
 Elting 
 
 Jarman 
 
 Morris 
 
 Taft 
 
 Brenholt 
 
 Fifer 
 
 Johnson, L. C. 
 
 Nichols 
 
 Tanner 
 
 Carey 
 
 Fyke 
 
 Kerrick 
 
 Paddock 
 
 Todd 
 
 Carlstrom 
 
 Gale 
 
 Kunde 
 
 Potts 
 
 Torrance 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Revell 
 
 Traeger 
 
 Conkling 
 
 Garrett 
 
 Bill 
 
 Rinaker 
 
 Trautmann 
 
 Coolley 
 
 Gee 
 
 Lindly 
 
 Rosenberg 
 
 Wall 
 
 Corcoran 
 
 Gilbert 
 
 Lohman 
 
 Scanlan 
 
 Warren 
 
 Corlett 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Whitman 
 
 Cruden 
 
 Gorman 
 
 McGuire 
 
 Shaw 
 
 Wilson 
 
 Curtis 
 
 Gray 
 
 Meinert 
 
 Shuey 
 
 Wolff 
 
 Cutting 
 
 Green 
 
 Michaelson 
 
 Six 
 
 Mr. President 
 
 Davis 
 
 Hamill 
 
 Michal 
 
 Smith 
 
 Yeas—82. 
 
 De Young 
 
 Hogan 
 
 Mighell 
 
 
 Nays—0. 
 
 And the resolution was adopted. 
 
 
 
 Mr. Carlstrom offered the following resolution and moved its 
 
 adoption: 
 
 Resolution No. 12. 
 
 Resolved , That the Preamble and sections of the Constitution of 1870, 
 recommended to be retained and adopted as a part of the Revised Constitu¬ 
 tion of 1920, of the State of Illinois, as set forth in the series of Proposals 
 numbered 2 to 18 inclusive, excepting Proposals numbered 8, 16 and 17 and 
 Proposals numbered 46, 47, 48 and 49 together with the amended sections 
 designated and proposed to be amended by said resolutions be printed by 
 and under the supervision of the Secretary, as proposed to be amended by 
 said Proposals in skeleton form leaving space and numbers for sections not 
 proposed to be so retained, and copies when so printed distributed to the 
 Delegates of this Convention. All added or substituted new words to be in 
 italics, and all words stricken from the original text to be enclosed in 
 brackets. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 39 
 
 Pending consideration, Mr. Hamill moved that the resolution be 
 referred to the Committee on Expenditures and Supplies. 
 
 The motion prevailed. 
 
 And it was so ordered. 
 
 Mr. Eosenberg offered the following resolution and moved its 
 adoption: 
 
 Resolution No. 13. 
 
 Resolved, That following the prayer of the Chaplain on the opening of 
 each session of this Constitutional Convention, the Secretary shall call the 
 roll of the Delegates, and that the names of all Delegates present and those 
 who may be absent shall be kept and recorded in the Official Journal of the 
 Convention. 
 
 Pending a demand of five Delegates for a roll call on the adoption 
 of the resolution. 
 
 Mr. Cutting moved that the resolution be referred to the Com¬ 
 mittee on Eules. 
 
 And the motion prevailed. 
 
 Mr. Jarman offered the following resolution and moved its adoption: 
 
 Resolution No. 14. 
 
 Resolved, That hereafter the Convention dispense with the reading of 
 the Journal, and that amendments thereto may be made on the legislative 
 day following that on which the printed Journal is placed on the desks of 
 the members. 
 
 By unanimous consent, the resolution was referred to the Committee 
 
 on Eules. 
 
 Mr. Green moved that when the Convention adjourns today it stand 
 adjourned until Wednesday, January 28, 1920, at 10:00 o’clock a. m. 
 
 And the motion prevailed. 
 
 At the hour of 11:15 o’clock a. m., Mr. Hamill moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned until Wednesday, January 28, 
 1920, at 10 :00 o’clock a. m. 
 
40 
 
 am xo xvxanor 
 
 [Jan. 28, 
 
 WEDNESDAY, JANUARY 28, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. J. F. Robinson, of the Methodist 
 Episcopal Church, of Gilman. 
 
 Pending the reading of the Journal of Wednesda} T , January 21, Mr. 
 Trautmann moved that further reading of the same be dispensed with 
 and that the Journal be approved. 
 
 Whereupon, Mr. Hull moved to amend the motion by striking out 
 the word approved. 
 
 And the question being on the motion to amend. 
 
 It was decided in the affirmative. 
 
 The question recurring on the motion of Mr. Trautmann, as 
 amended. x 
 
 It was decided in the affirmative and further reading of the Journal 
 was dispensed with. 
 
 Upon request of Mr. Paddock, Mr. Conkling wms excused from 
 attendance at the Convention on account of sickness. 
 
 The same request was granted to Mr. O’Brien for Mr. Rosenberg. 
 
 To Mr. Clarke for Mr. Whitman. 
 
 To Mr. Smith for Mr. Stahl. 
 
 To Mr. L. C. Johnson for Mr. W. A. Johnson. 
 
 And to Mr. Wall for Mr. Sneed who was called to Washington, 
 D. C., on official business. 
 
 The President laid before the Convention the appointment of the 
 following standing committees, to-wit: 
 
 Agriculture—Dunlap, Chairman; Warren, Stewart, Ireland, Shaw, Hol¬ 
 lenbeck, Meinert, Gray, Tanner, Dove, Cruden, Whitman, Johnson (L. C.), 
 Parker and Gee. 
 
 Bill of Rights—Rinaker, Chairman; Wall, Morris, Carey, Corlett, Cool- 
 ley, Dawes, Shuey, Davis, Revell, Scanlan, Quinn, Pincus, Elting, and 
 Nichols. 
 
 Chicago and Cook County—Hull, Chairman; Wilson, Traeger, Mayer, 
 Sutherland, Kunde, Woodward (Charles), Miller, Michal, Wall, Chew, Quinn, 
 Clarke, Smith, and Carlstrom. 
 
 Corporations and Co-operative Associations—Fyke, Chairman; Dawes, 
 Kunde, Michal, Baldwin, Rosenberg, Parker, Ireland, Todd, Brenholt, Elting, 
 Beckman, Lohman, Ganschow, and Warren. 
 
 County and Township Government—Smith, Chairman; Dove, McGuire, 
 Lill, Taff, Hogan, Jarman, Gray, Nichols, O’Brien, and Ganschow. 
 
 Distinction Between Constitutional and Legislative Subjects—Dietz, 
 Chairman; Brewster, McEwen, Michaelson, Mack, Corlett, and Dwyer. 
 
 Education—Brandon, Chairman; Dunlap, Barr, Gray, Beckman, Iarussi, 
 Corcoran, Rosenberg, and Carey. 
 
 Executive Department—Trautmann, Chairman; DeYoung, Cutting, 
 Miller, Iarussi, Potts, Whitman, Brewster, Green, Gilbert, Hogan, Johnson 
 (L. C.), Dietz, Tanner, and Six. 
 
1920.] 
 
 COXSTITUTIOXAL COXVENTIOX. 
 
 41 
 
 Future Amendments of the Constitution—Fifer, Chairman; Corlett, 
 Revell, Moore, Gilbert, Hamill, Pincus, Shuey, Mighell, Wolff, and Torrance. 
 
 Industrial Affairs and Labor—Sneed, Chairman; Miller, Parker, Bald¬ 
 win, Mighell, Fyke, Brenholt, Potts, Iarussi, Gorman, Carey, Frole, Shaw, 
 Revell, and Michal. 
 
 Initiative, Referendum and Recall—Dove, Chairman; Kunde, Latchford, 
 Wolff, Frole, Potts, Corcoran, Jack, Kerrick, McGuire, Carlstrom, Taff, 
 Dupuy (G. A.), Mills, and Goodyear. 
 
 Judicial Department—DeYoung, Chairman; Cutting, Green, Mack, 
 Conkling, McEwen, Mayer, Dupuy (G. A.), Gorman, Gee, Dryer, Goodyear, 
 Garrett, Pearce, and Todd. 
 
 Legislative Department—Curtis, Chairman; Shanahan, Fifer, Rinaker, 
 Mighell, Quinn, Lindley, Dunlap, Hull, Morris, Traeger, Latchford, Baldwin, 
 Paddock, and Stahl. 
 
 Military Affairs—Beckman, Chairman; Tanner, Meinert, Davis, Hollen¬ 
 beck, Moore, Nichols, Coolley, and Cruden. 
 
 Miscellaneous Subjects—O’Brien, Chairman; Coolley, Lohman, Michael- 
 son, Meinert, Lill, Pincus, Brandon, Paddock, Johnson (W. A.), and Hollen¬ 
 beck. 
 
 Municipal Government—Garrett, Chairman; Stahl, Brandon, Carlstrom, 
 Gee, Jarman, Scanlan, Chew, Woodward (Charles), Johnson (W. A.), 
 Hogan, Lill, Jack, Michaelson, and Corc-oran. 
 
 Phraseology and Style—Hamill, Chairman; Rinaker, Moore, Dupee 
 (E. H.), Torrance, Clarke, and Barr. 
 
 Public Works and Improvements—Lindly, Chairman; Scanlan, Ireland, 
 Wilson, Chew, Johnson (L. C.), Stewart, Ganschow, and Jarman. 
 
 Qualifications and Election of Delegates—Wolff, Chairman; Woodward 
 (Charles), Mayer, Shaw, McEwen, Rosenberg, Fifer, Gale, and Pearce. 
 
 Revenue, Taxation and Finance—Gale, Chairman; Whitman, Suther¬ 
 land, Dawes, Sneed, Dupee (E. H.), Kerrick, Warren, Barr, Johnson 
 (W. A.), Brenholt, Fkye, Shuey, Davis, and O’Brien. 
 
 Schedule—Dupuy (G. A.), Chairman; Elting, Gorman, Mills, Morris, 
 Curtis, and Trautmann. 
 
 Suffrage—Cruden, Chairman; Traeger, Frole, Todd, Stewart, Six, Mills, 
 McGuire, and Lohman. 
 
 The Convention proceeding on the order of Reports of Standing 
 Committees. 
 
 The President laid before the Convention the following report from 
 the Committee on Pules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully report that in 
 accord with rule 19 they have prepared a list designating the parts of the 
 Constitution to be referred to each committee, and in accordance therewith 
 respectfully report that the provisions of the Constitution of .1870 shall 
 stand referred to the several standing committees of this Convention as 
 follows: 
 
 The preamble and Article II to the Committee on Bill of Rights. 
 
 Article I to the Miscellaneous Committee. 
 
 Article III, section 26 of Article IV and Article VI to the Committee on 
 Judicial Department. 
 
 Article IV, except sections 26, 29 and 34 to the Committee on Legisla¬ 
 tive Department. 
 
 Article V and section 13 of Article X to the Committee on Executive 
 Department. 
 
 Article VII to the Committee on Suffrage. 
 
 Article VIII to the Committee -on Education. 
 
 Article IX to the Committee on Revenue, Taxation and Finance. 
 
 Section 34 of Article IV and section 7 of Article X to the Committee 
 on Chicago and Cook County. 
 
42 journal of the [Jan. 28, 
 
 Section 29 of Article IV and separate section No. 4, relating to convict 
 labor to the Committee on Industrial Affairs and Labor. 
 
 Article X except sections 7 and 13 to the Committee on County and 
 Township Government. 
 
 Article XI except section 4 and separate section No. 1 regarding the 
 Illinois Central Railroad to the Committee on Corporations and Co-operative 
 Associations. 
 
 Section 4 of Article XI and separate section No. 2, relating to munici¬ 
 pal subscriptions to the Committee on Municipal Government. 
 
 Article XII to the Committee on Military Affairs. 
 
 Article XIII to the Committee on Distinction between Constitutional 
 and Legislative Subjects. 
 
 Article XIV to the Committee on Future Amendment of the Constitu¬ 
 tion. 
 
 Separate section No. 3, relating to canals, to the Committee on Public 
 Works and Improvements. 
 
 Sections 1 to 7 and 13 to 26, inclusive, of the Schedule to the Committee 
 on Schedule. 
 
 Sections 8 to 12, inclusive, of the Schedule to the Committee on Sub¬ 
 mission and Address. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President laid before the Convention the further report from 
 the Committee on Pules and Procedure, to-wit: 
 
 Cowmittee Report. 
 
 The Committee on Rules and Procedure, at the request of the President, 
 who, by resolution, was directed to perfect plans for the celebration of the 
 birthday of Abraham Lincoln, report to the Convention for approval that 
 exercises appropriate to this occasion be made a special order of business 
 at eleven o’clock in the forenoon on Thursday, February 12th; that the 
 program suggested by the President in furtherance of the spirit of said 
 resolution be held in this Convention hall pursuant to this special rule; 
 and that a committee of five be appointed by the President to assist him in 
 carrying out the program and plans for these ceremonies. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President thereupon appointed as the committee provided for 
 in the foregoing report Messrs. Jarman, Brenholdt, Michaelson, Dove 
 and Latchford. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Cruden introduced Proposal Xo. 55, a Proposal to provide for 
 a system of local government for the city of Chicago. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Miller introduced Proposal Xo. 56, a Proposal in regard to the 
 Judicial Department. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Smith introduced Proposal Xo. 57, a Proposal to prohibit 
 cumulative voting for any public office. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Dawes introduced Proposal Xo. 58, a Proposal to fix the electo¬ 
 rate to which revisions, alterations and amendments adopted by this 
 Convention shall be submitted for ratification or rejection. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 43 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Taff introduced Proposal ISTo. 59, a Proposal relating to county 
 
 government. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Taff introduced Proposal No. 60, a Proposal relating to county 
 
 government. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Dunlap, by request, introduced Proposal No. 61, a Proposal to 
 provide for a thorough and efficient system of public libraries in this 
 
 State. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Dunlap, by request, introduced Proposal No. 62, a Proposal to 
 authorize the levy of taxes by counties for public library purposes and 
 to provide for the exemption of persons and property in certain munici¬ 
 palities from county library taxes levied by the counties in which such 
 municipalities are located. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. O’Brien introduced Proposal No. 63, a Proposal in regard to 
 
 taxation. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Gray introduced Proposal No. 64, a Proposal to provide that 
 sheriffs and county treasurers may be eligible to succeed themselves in 
 
 office. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Gray introduced Proposal No. 65, a Proposal to provide that 
 the personal compensation of no county officer shall be dependent upon 
 the amount of the fees collected by his office. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Kerrick introduced Proposal No. 66, a Proposal in regard to 
 section 1 of Article 9. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Jarman introduced Proposal No. 67, a Proposal to amend 
 section 17 of Article 6, in relation to the qualification of Judges of 
 Inferior Courts. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Jarman introduced Proposal No. 68, a Proposal to amend 
 Article 6 of the Judiciary Department in relation to Supreme Court. 
 The Proposal was taken up, read bv title, and advanced for reference. 
 Mr. Pincus introduced Proposal No. 69, a Proposal in regard to 
 taxation. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Johnson introduced Proposal No. 70, a Proposal authorizing 
 the General Assembly to regulate the grand jury system. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Johnson introduced Proposal No. 71, a Proposal to provide a 
 system of taxation for the State of Illinois. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
44 
 
 journal of the [Jan. 28 , 
 
 Mr. Michal introduced Proposal No. 72, a Proposal relative to the 
 assessment of taxes upon real estate. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Michal introduced Proposal No. 73, a Proposal defining in¬ 
 toxicating liquors and beverages. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Michal introduced Proposal No. 74, a Proposal granting power 
 and authority to municipalities to license and regulate boxing contests. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Michal introduced Proposal No. 75, a Proposal prohibiting pro¬ 
 fessional wrestling exhibitions. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Michal introduced Proposal No. 76, a Proposal exempting 
 from taxation certain personal property. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Michal introduced Proposal No. 77, a Proposal for the manu¬ 
 facture, sale and distribution of beers. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No. 78, a Proposal relating to 
 the consent necessary to the occupation of streets by street railways and 
 tramways. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No. 79, a Proposal for a remedy 
 for encroachment upon the rights, privileges and immunities of citizens. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Smith introduced Proposal No. 80, a Proposal to abolish cumu¬ 
 lative voting for members of the Legislature. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 41, a Proposal to provide that sheriffs and county 
 treasurers shall be eligible to succeed themselves in office. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on County and Township Government. 
 
 Proposal No. 42, a Proposal to provide that the State Treasurer 
 shall be elected at the same time as the Governor, for a term of four 
 years, and be eligible to succeed himself in office. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Executive Department. 
 
 Proposal No. 43, a Proposal to provide for the exemption from 
 taxation of a certain amount of the personal property owned by house¬ 
 holders and heads of families. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 44, a Proposal to provide for the levy and collection 
 of income taxes. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
1920 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 45 
 
 Proposal No. 45, a Proposal to provide that sheriffs and county 
 treasurers shall be eligible to succeed themselves in office. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on County and Township Government! 
 
 Proposal No. 46, a Proposal to retain in the new Constitution the 
 separate section of the present Constitution entitled “Convict Labor/ 7 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Industrial Affairs and Labor. 
 
 Proposal No. 47, a Proposal to retain in the new Constitution the 
 separate section of the present Constitution entitled “Canal/ 7 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Public Works and Improvements. 
 
 Proposal No. 48, a Proposal to retain in the new Constitution the 
 separate section entitled “Municipal subscription to railroads or private 
 corporations” in the present Constitution. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Municipal Government. 
 
 Proposal No. 49, a Proposal to retain in the new Constitution 
 separate section of the present Constitution entitled “Illinois Central 
 Railroad.” 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Corporations and Cooperative Associa¬ 
 tions. 
 
 Proposal No. 50, a Proposal to define judicial power and to pro¬ 
 hibit the exercise of judicial power by'any agency except the Judicial 
 Department of the State Government. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Executive Department. 
 
 Proposal No. 51, a Proposal to provide for the filling of vacancies 
 in the elective offices created by Article 6 of the existing Constitution 
 relating to the Judicial Department of the State Government. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 52, a Proposal to provide that sheriffs and county 
 treasurers shall be eligible to succeed themselves in office. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on County and Township Government. 
 
 Proposal No. 53, a Proposal to establish equal suffrage and to pro¬ 
 vide for optional jury service for women. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Suffrage. 
 
 Proposal No. 54, a Proposal to provide a system of taxation for 
 the State of Illinois. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Mr. Sutherland moved that the Convention do now resolve itself 
 into a Committee of the Whole for the purpose of considering Proposal 
 
 No. 41. 
 
46 
 
 journal of the [Jan. 28, 
 
 Pending consideration, Mr. Baldwin moved to la}’ that motion on 
 the table. 
 
 And the question being on the motion to table, it was decided in 
 the negative. 
 
 The question recurring on the motion of Mr. Sutherland, it was 
 decided in the affirmative. 
 
 The President thereupon called Mr. Hull to the chair, and at the 
 hour of 11:15 o’clock a. m., the Convention went into Committee of 
 the Whole. 
 
 At the hour of 6:1'0 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Hull, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 The report of the Committee was concurred in. 
 
 And at the hour of 6 :12 o’clock p. m., Mr. Trautmann moved that 
 the Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 IT 
 
 THURSDAY, JANUARY 29, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. J. F. Robinson, of the Methodist 
 Episcopal Church, of Gilman. 
 
 The Journal of yesterday was being read, when, on motion of Mr. 
 Brenholdt, the further reading of the same was dispensed with and it 
 was ordered to stand approved. 
 
 Mr. Hull moved that the Journal of Wednesday, January 21, be 
 
 approved. 
 
 The motion prevailed. 
 
 And it was so ordered. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Lohman introduced Proposal No. 81, a. Proposal providing for 
 a system of registering land titles by the State of Illinois or counties 
 
 thereof. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Sutherland introduced Proposal No. 82, a Proposal to amend 
 section 12 of Article IX, in relation to indebtedness. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Scanlan introduced Proposal No. 83, a Proposal to provide 
 for State supervision of county fiscal affairs. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. Dove introduced Proposal No. 84, a Proposal for the non¬ 
 sectarian reading of the Bible in tlie public schools. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 Mr. O’Brien introduced Proposal No. 85, a Proposal to amend 
 Article IX of the Constitution of 1870. 
 
 The Proposal was taken up, read bv title, and advanced for reference. 
 Mr. W. A. Johnson introduced Proposal No. 86, a Proposal to 
 authorize verdicts in civil cases by less than a unanimous jury. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 The Convention proceeding on the order of First Reading and 
 reference of Proposals. 
 
 Proposal No. 55, a Proposal to provide for a system of local govern¬ 
 ment for the city of Chicago. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Chicago and Cook County. 
 
 Proposal No. 56, a Proposal to establish a judicial system for the 
 
 State of Illinois. 
 
 Was taken up, read'at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department.. 
 
48 
 
 jourmal or the [Jan. 29, 
 
 Proposal No. 57, a Proposal to prohibit cumulative voting for any 
 public office. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 58, a Proposal to fix the electorate to which revision, 
 alteration and amendments adopted by this Convention shall be sub¬ 
 mitted for ratification or rejection. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Submission and Address. 
 
 Proposal JSTo. 59, a Proposal to provide for the election of boards 
 of county commissioners. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 60, a Proposal to provide for the abolition of town¬ 
 ship organization. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 61, a Proposal to provide for a thorough and efficient 
 system of public libraries in this State. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Proposal No. 62, a Proposal to authorize the levy of taxes by coun¬ 
 ties for public library purposes and to urovide for the exemption of 
 persons and property in certain municipalities from county library taxes 
 levied by the counties in which such municipalities are located. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 63, a Proposal to provide for th^ classification of 
 property for the purposes of taxation; to provide for exemptions from 
 taxation and the limitation of tax rates. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 64, a Proposal to provide that sheriffs and county 
 treasurers may be eligible to succeed themselves in office. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 65, a Proposal to provide that the personal compensa¬ 
 tion of no county officer shall be dependent upon the amount of the fees 
 collected by his office. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 66, a Proposal to retain section 1 of Article 9 of the 
 present Constitution with certain words omitted therefrom and certain 
 words added thereto. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 67, a Proposal to amend section 17 of Article 6, in 
 relation to the qualification of Judges of inferior courts. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 49 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 68, a Proposal to amend Article 6 of the Judiciary 
 Department, in relation to Supreme Court. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 69, a Proposal to provide for certain exemptions from 
 taxation. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 70, a Proposal to authorize the General Assembly to 
 regulate the grand jury system. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 Proposal No. 71, a Proposal to provide a system of taxation for the 
 
 State of Illinois. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 72, a Proposal relative to the assessment of taxes 
 upon real estate. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 73, a Proposal defining intoxicating liquors and 
 
 beverages. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 74, a Proposal granting power and authority to 
 
 municipalities to license and regulate boxing contests. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 75, a Proposal prohibiting professional wrestling 
 
 exhibitions. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 76, a Proposal exempting from taxation certain per¬ 
 sonal property. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 77, a Proposal for the manufacture, sale and distribu¬ 
 tion of beers. 
 
 Was taken up, read at large a first time, ordered printed arid re¬ 
 ferred to the Committee on Distinction between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 78, a Proposal to provide that the local authorities of 
 cities, towns and villages shall have full power to prescribe the condi¬ 
 tions upon which the streets, alleys or highways under their jurisdiction 
 shall bo used for street railway purposes. 
 
 —4 C J 
 
50 
 
 journal of the . [Jan. 29, 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Municipal Government. 
 
 Proposal ISTo. 79, a Proposal to provide a remedy for the encroach¬ 
 ment upon the rights and privileges of the people of this State. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 Proposal No. 80, a Proposal to abolish cumulative voting for mem¬ 
 bers of the Legislature. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Mr. Taff, from the Committee on Expenditures and Supplies, 
 offered the following resolution and moved its adoption: 
 
 Resolution No. 15. 
 
 Resolved, That the President be and he is hereby authorized to appoint 
 a competent person as Proof Reader for the Convention at a salary not to 
 exceed $150.00 per month. 
 
 And the question being on the adoption of the resolution, a call of 
 
 the roll was had, resulting 
 
 as follows: 
 
 Yeas, 82; nays, 
 
 0 . 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Baldwin 
 
 Dunlap 
 
 Ireland 
 
 Miller 
 
 Smith 
 
 Barr 
 
 Dupee, E. H. 
 
 Jack 
 
 Mills 
 
 Stewart 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Moore 
 
 Sutherland 
 
 Brandon 
 
 Elting 
 
 Johnson, L. C. 
 
 Morris 
 
 Taff 
 
 Brenholt 
 
 Fifer 
 
 Kerrick 
 
 Nichols 
 
 Tanner 
 
 Carlstrom 
 
 Fyke 
 
 Kunde 
 
 O’Brien 
 
 Todd 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Parker 
 
 Torrance 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Pearce 
 
 Traeger 
 
 Coolley 
 
 Gee 
 
 L.indly 
 
 Potts 
 
 Trautmann 
 
 Corcoran 
 
 Gilbert 
 
 Lohman 
 
 Quinn 
 
 Wall 
 
 Corlett 
 
 Gorman 
 
 Mack 
 
 Revell 
 
 Warren 
 
 Cruden 
 
 Gray 
 
 Mayer 
 
 Rinaker 
 
 Wilson 
 
 Cutting 
 
 Green 
 
 McGuire 
 
 Shanahan 
 
 Wolff 
 
 Dawes 
 
 Hamill 
 
 Meinert 
 
 Shaw 
 
 Woodward 
 
 De Young 
 
 Hogan 
 
 Michaelson 
 
 Shuey 
 
 Mr. President 
 
 Dove 
 
 Hull 
 
 Michal 
 
 Six 
 
 Yeas—82. 
 
 Dryer 
 
 Iarussi 
 
 Mighell 
 
 
 Nays—0. 
 
 And the resolution was adopted. 
 
 Mr. Pearce offered the following resolution and moved its adop¬ 
 tion : 
 
 Resolution No. 16. 
 
 Resolved, That the President of this Convention be and he is hereby 
 directed to extend an invitation from this body to the Hon. Lawrence Y. 
 Sherman and the Hon. Medill McCormick, now representing the State of 
 Illinois in the Senate of the United States, requesting them to appear before 
 and address this Convention on Wednesday, February 25, 1920, upon the 
 general subjects involved in the work of this body. 
 
 And the resolution was adopted. 
 
 Mr. Hull moved that the Convention do now resolve itself into a 
 Committee of the Whole for the purpose of further considering Pro¬ 
 posal No. 55. 
 
 And the motion prevailed. 
 
 The President thereupon called Mr. Hull to the chair, and at the 
 hour of 11:30 o’clock a. m., the Convention went into a Committee of 
 the Whole. 
 
1920.J 
 
 CONSTITUTIONAL CONVENTION. 
 
 51 
 
 At the hour of 1:32 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Hull, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 1:35 o’clock p. m., Mr. Gale moved that the Con¬ 
 vention do now adjourn until Tuesday, February 3, 1920, at 10:00 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
52 
 
 JOURNAL OF THE 
 
 [Feb. 3, 
 
 TUESDAY, FEBRUARY 3, 1920, 10:00 O’CLOCK A. M. 
 
 t 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered hy the Rev. Phillip W. Yarrow, o'i the Morgan 
 Park Congregational Church, of Chicago. 
 
 The Journal of Thursday, January 29, was being read, when, on 
 motion of Mr. Hamill, the further reading of the same was dispensed 
 with and it was ordered to stand approved. 
 
 Upon request, the following Delegates were excused from attend¬ 
 ance at the Convention on account of sickness : Messrs. Wolff, Gee, 
 Rosenberg, Stahl, Dietz, L. C. Johnson, Pearce, Paddock, Potts and 
 Corcoran. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Lindly introduced Proposal No. 87, a Proposal to provide for 
 the apportionment of the State of representation in the General 
 Assembly. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Gilbert introduced Proposal No. 88, a Proposal to extend by 
 Constitution suffrage to absent voters. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Gilbert introduced Proposal No. 89, a Proposal to extend the 
 powers of the General Assembly relating to the Judicial Department of 
 the State Government. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mighell introduced Proposal No. 90, a Proposal to provide for 
 future Constitutional Conventions and amendments to the Constitution. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Elting introduced Proposal No. 91, a Proposal to amend 
 Article YI, being the Judicial Department. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Six introduced Proposal No. 92, a Proposal to provide for the 
 taxation of real property in the State of Illinois. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Sutherland introduced Proposal No. 93, a Proposal relating to 
 future amendments of the Constitution. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Jarman introduced Proposal No. 94, a Proposal to give to 
 cities and other municipal corporations the power to contract. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Cruden introduced Proposal No. 95, a Proposal to provide that 
 the county board shall determine the number and compensation of the 
 deputies and assistants of county officers in Cook County. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 53 
 
 Mr. Lohman introduced Proposal No. 96, a Proposal to retain for 
 cities, towns or incorporated villages the right to permit the construct¬ 
 ing, operating and regulating of public utilities. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Pincus introduced Proposal No. 97, a Proposal to preserve and 
 secure the right of trial by jury in all law cases, and in cases where a 
 person is being tried for the violation of an injunction. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Pincus introduced Proposal No. 98, a Proposal in relation to 
 athletic exhibitions. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 99, a Proposal to amend section 
 2 of Article 8 to read as follows. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 100, a Proposal to repeal sec¬ 
 tion 11 of Article 6 of the Constitution. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 101, a Proposal to amend sec¬ 
 tion 3 of Article 9 to read as follows. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 102, a Proposal to amend sec¬ 
 tion 2 of Article 6 in relation to the Supreme Court so that it shall 
 read as follows. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 81, a Proposal to provide for a system of registering 
 land titles by the State of Illinois or counties thereof. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Distinction between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 82, a Proposal to amend section 12, of Article IX, in 
 relation to indebtedness. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 83, a Proposal to provide for State supervision of 
 county fiscal affairs. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on County and Township Government. 
 
 Proposal No. 84, a Proposal to provide for the non-sectarian read¬ 
 ing of the Bible in the public schools. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Proposal No. 85, a Proposal to amend Article IX of the Constitu¬ 
 tion of 1870. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 86, a Proposal to authorize verdicts in civil cases by 
 less than a unanimous jury. 
 
54 JOURNAL OF the [Feb. 3, 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Bights. 
 
 At the hour of 10:40 o’clock a. m., Mr. Hull moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 55 
 
 % 
 
 WEDNESDAY, FEBRUARY 4, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Phillip W. Yarrow, of the Morgan 
 Park Congregational Church, of Chicago. 
 
 The Journal of yesterday was being read, when, on motion of Mr. 
 Hamill the further reading of the same was dispensed with, and it was 
 ordered to stand approved. 
 
 Upon their request, Messrs. Wall and Gilbert were granted leave 
 of absence from the Convention for the remainder of the week. 
 
 The following Delegates were excused from attendance of the Con¬ 
 vention on account of sickness: Messrs. Mack, Wolff, Brewster and 
 
 Dietz. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Dove introduced Proposal No. 103, a Proposal exempting cer¬ 
 tain real estate from taxes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gilbert introduced Proposal No. 104, a Proposal to authorize 
 holding Circuit Courts outside of county seats in cities of 5,000 inhab¬ 
 itants and over. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gilbert introduced Proposal No. 105, a Proposal to provide for 
 the election of Judges of the Appellate Court. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Wilson introduced Proposal No. 106, a Proposal to provide that 
 the right of free speech shall not authorize the use of language tending 
 to overthrow the Government. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dryer introduced Proposal No. 107, a Proposal to provide for 
 compensation for employees injured in course of employment. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No. 108, a Proposal to incorpo¬ 
 rate in the Bill of Rights a provision guaranteeing a remedy to citizens 
 for damages resulting from the acts of administrative officers. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and ref¬ 
 erence of Proposals. 
 
 Proposal No. 87, a Proposal to provide for the apportionment of 
 the state for representation in the General Assembly. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 88, a Proposal to extend by Constitution suffrage to 
 absent voters. 
 
56 JOURNAL OF the [Feb. 4, 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Suffrage. 
 
 Proposal No. 89, a Proposal to extend the powers of the General 
 Assembly relating to the Judicial Department of the State Government. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 90, a Proposal to provide for Future Constitutional 
 Conventions and amendments to the Constitution. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Future Amendment of the Constitution. 
 
 Proposal No. 91, a Proposal to amend Article YI, being the Judi¬ 
 cial Department. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 92, a Proposal for the taxation of real property in 
 the State of Illinois. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 93, a Proposal relating to future amendments of the 
 Constitution. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Future Amendments of the Constitution. 
 
 Proposal No. 94, a Proposal to give to cities and other municipal 
 corporations the power to contract. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Municipal Government. 
 
 Proposal No. 95, a Proposal to provide that the county board shall 
 determine the number and compensation of the deputies and assistants 
 of countv officers in Cook Countv. 
 
 t / 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 96, a Proposal to retain for cities, towns and incor¬ 
 porated villages the right to permit the constructing, operating and 
 regulating of public utilities. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Municipal Government. 
 
 Proposal No. 97, a Proposal to preserve and secure the right of trial 
 by jury in all law cases, and in cases where a person is being tried for 
 the violation of an injunction. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 Proposal No. 98, a Proposal in relation to athletic exhibitions. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 99, a Proposal to provide for the exemption from 
 taxation of property heretofore or hereafter donated for school purposes. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Education. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 57 
 
 Proposal No. 100, a Proposal to abolish Appellate Courts. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 101, a Proposal to provide for the exemption of cer¬ 
 tain property from taxation. 
 
 Was taken np, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 102, a Proposal to provide for a Supreme Court. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Mr. Gorman offered the following resolution, which on motion of 
 Mr. Beckman was referred to the Committee on Expenditures and Sup¬ 
 plies : 
 
 Resolution No. 17. 
 
 Whereas, Michael F. Sullivan, after a campaign for the position, was 
 elected a delegate to this Constitutional Convention from the Second Sena¬ 
 torial District; and 
 
 Whereas, Within a few days following the assembling of this Conven¬ 
 tion said Michael F. Sullivan was summoned to the Great Beyond; and 
 
 Whereas, There was a certain definite expense connected with his said 
 campaign and the needs of his family are such as to require the compensa¬ 
 tion attached to the office; now, therefore be it 
 
 Resolved, That it is the sense of this Constitutional Convention that the 
 compensation allowed to delegate members thereof be paid to the surviving 
 widow of said Michael F. Sullivan, or to his legal representatives. 
 
 The President laid before the Convention the certificate for the 
 mileage of Delegates with the following statement: 
 
 “The act under which this Convention is convened provides by section 
 6 thereof that 
 
 ‘The pay and mileage allowed to each delegate shall be certified to by 
 the President of the Convention, and entered on the Journal of the Conven¬ 
 tion.’ 
 
 The President has heretofore certified the pay of the delegates. The 
 President now presents the certificate for the mileage of the delegates and 
 directs that both certificates he made a part of the Journal of this Conven¬ 
 tion.” 
 
 The certificates above referred to are in words and figures as fol¬ 
 lows to-wit: 
 
 STATEMENT OF COMPENSATION PAID TO DELEGATES OF THE 
 
 CONSTITUTIONAL CONVENTION. 
 
 Members. Salary. 
 
 Baldwin, Percival G. .. ..$2,000 00 
 
 Barr, George A. 2,000 00 
 
 Beckman, William H. 2,000 00 
 
 Brandon, Rodney H. 2,000 00 
 
 Brenholt, John J., Jr. 2,000 00 
 
 Brewster, Edward H. 2,000 00 
 
 Carey, Archibald J. 2,000 00 
 
 Carlstrom, Oscar E. 2,000 00 
 
 Chew, William H. 2,000 00 
 
 Clarke, Elam L. 2,000 00 
 
 Conkling, Clinton L. 2,000 00 
 
 Coolley, E, B. 2,000 00 
 
 Corcoran. Edward .T. 2,000 00 
 
 Corlett, Edward . 2,000 00 
 
 Postage and 
 stationary Total 
 
 Mileage. 
 
 account. 
 
 amount paid. 
 
 $3 9 
 
 00 
 
 $50 
 
 00 
 
 $2,089 
 
 00 
 
 30 
 
 00 
 
 50 
 
 00 
 
 2,080 
 
 00 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 37 
 
 10 
 
 50 
 
 00 
 
 2,087 
 
 10 
 
 14 
 
 80 
 
 50 
 
 00 
 
 2,064 
 
 80 
 
 34 
 
 50 
 
 50 
 
 00 
 
 2,084 
 
 50 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 32 
 
 60 
 
 50 
 
 00 
 
 2,082 
 
 60 
 
 12 
 
 00 
 
 50 
 
 00 
 
 2,062 
 
 00 
 
 45 
 
 40 
 
 50 
 
 00 
 
 2,095 
 
 40 
 
 none 
 
 50 
 
 00 
 
 2,050 
 
 00 
 
 22 
 
 00 
 
 50 
 
 00 
 
 2,072 
 
 00 
 
 37 
 
 20 
 
 50 
 
 00 
 
 2,087 
 
 20 
 
 30 
 
 00 
 
 50 
 
 00 
 
 2,080 
 
 00 
 
58 
 
 JOURNAL OF THE 
 
 [Feb. 4, 
 
 STATEMENT OF COMPENSATION—Continued. 
 
 Members. Salary. 
 
 Cruden, William H. 2,000 00 
 
 Curtis, Edward C. 2,000 00 
 
 Cutting-, Charles S. 2,000 00 
 
 Davis, Abel . 2,000 00 
 
 Dawes, Rufus C. 2,000 00 
 
 Dietz, Cyrus E. 2,000 00 
 
 DeYoung-, Frederick R. 2,000 00 
 
 Dove, F. R. 2,000 00 
 
 Dryer, John L. 2,000 00 
 
 Dunlap, Henry M. 2,000 00 
 
 Dupee, Eugene H. 2,000 00 
 
 Dupuy, George A. 2,000 00 
 
 Elting, Philip E. 2,000 00 
 
 Fifer, Joseph W. 2,000 00 
 
 Frole, Thomas F. 2,000 00 
 
 Fyke, Edgar E. 2,000 00 
 
 Gale, George C. 2,000 00 
 
 Ganschow, William . 2,000 00 
 
 Garrett, Bruce H. 2,000 00 
 
 Gee, Sylvester J. 2,000 00 
 
 Gilbert, G. Gale. 2,000 00 
 
 Goodyear, A. F. 2,000 00 
 
 Gorman, John J. 2,000 00 
 
 Gray, William S. 2,000 00 
 
 Green, Henry 1. 2,000 00 
 
 Hamill, Charles H. 2,000 00 
 
 Hogan, George W. 2,000 00 
 
 Hollenbeck, Wm. T. 2,000 00 
 
 Hull, Morton D. 2,000 00 
 
 Iarussi, Michael . 2,000 00 
 
 Ireland, Charles H. 2,000 00 
 
 Jack, James P. 2,000 00 
 
 Jarman, Lewis A. 2,000 00 
 
 Johnson, Lawrence C. 2,000 00 
 
 Johnson, Watts A. 2,000 00 
 
 Kerrick, Thomas C. 2,000 00 
 
 Kunde, Ernst . 2,000 00 
 
 Latchford, George Ip. 2,000 00 
 
 Lill, Herbert F. 2,000 00 
 
 Lindley, Cicero J. 2,000 00 
 
 Lohman, George F. 2,000 00 
 
 McEwen, Willard M. 2,000 00 
 
 McGuire, S. W. 2,000 00 
 
 Mack, David E. 2,000 00 
 
 Mayer, Levi . 2,000 00 
 
 Meinert, Henry W. 2,000 00 
 
 Michael, Charles J. 2,000 00 
 
 Michaelson, M. A. 2,000 00 
 
 Mighell, Lee . 2.000 00 
 
 Miller, Amos C. 2,000 00 
 
 Mills, Andrew H. 2,000 00 
 
 Moore, Charles B. T. 2,000 00 
 
 Morris, Edward H. 2,000 00 
 
 Nichols, James . 2,000 00 
 
 O’Brien, Martin J. 2.000 00 
 
 Paddock. James H. 2,000 00 
 
 Parker, Charles V. 2,000 00 
 
 Pearce, Prince A. 2,000 00 
 
 Pincus, S. E. 2,000 00 
 
 Potts, Ernest D. 2,000 00 
 
 Quinn, Frank J. 2,000 00 
 
 Revell, Alexander H. 2,000 00 
 
 Rinaker, Thos. 2,000 00 
 
 Rosenberg, Michael . 2,000 00 
 
 Scanlan, William M. 2,000 00 
 
 Shanahan, David E. 2,000 00 
 
 Shaw, Guy L. 2,000 00 
 
 Shuey, Charles A. 2,000 00 
 
 Six, Rollo . 2,000 00 
 
 Smith, Arthur M. 2.000 00 
 
 Sneed, William J. 2,000 00 
 
 Stahl, Harry H. 2,000 00 
 
 Stewart, William . 2,000 00 
 
 Sutherland, Douglas .. 2,000 00 
 
 Taff, A. E. 2,000 00 
 
 Postage and 
 stationary Total 
 
 Mileage. 
 
 account. 
 
 amount paid. 
 
 39 
 
 40 
 
 50 
 
 00 
 
 2,089 
 
 40 
 
 31 
 
 20 
 
 50 
 
 00 
 
 2,081 
 
 20 
 
 38 
 
 80 
 
 50 
 
 00 
 
 2,088 
 
 80 
 
 38 
 
 20 
 
 50 
 
 00 
 
 2,088 
 
 20 
 
 39 
 
 60 
 
 50 
 
 00 
 
 2,089 
 
 60 
 
 32 
 
 00 
 
 50 
 
 00 
 
 2,082 
 
 00 
 
 35 
 
 00 
 
 50 
 
 00 
 
 2,085 
 
 00 
 
 12 
 
 00 
 
 50 
 
 00 
 
 2,062 
 
 00 
 
 11 
 
 20 
 
 50 
 
 00 
 
 2,061 
 
 20 
 
 18 
 
 00 
 
 50 
 
 00 
 
 2,068 
 
 00 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 20 
 
 10 
 
 50 
 
 00 
 
 2,070 
 
 10 
 
 11 
 
 80 
 
 50 
 
 00 
 
 2,061 
 
 80 
 
 37 
 
 00 
 
 50 
 
 00 
 
 2,087 
 
 00 
 
 20 
 
 60 
 
 50 
 
 00 
 
 2,070 
 
 60 
 
 25 
 
 60 
 
 50 
 
 00 
 
 2,075 
 
 60 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 54 
 
 40 
 
 50 
 
 00 
 
 2,104 
 
 40 
 
 31 
 
 60 
 
 50 
 
 00 
 
 2,081 
 
 60 
 
 32 
 
 00 
 
 50 
 
 00 
 
 2,082 
 
 00 
 
 25 
 
 40 
 
 50 
 
 00 
 
 2,075 
 
 40 
 
 37 
 
 50 
 
 50 
 
 00 
 
 2,087 
 
 50 
 
 19 
 
 20 
 
 50 
 
 00 
 
 2,069 
 
 20 
 
 18 
 
 00 
 
 50 
 
 00 
 
 2,068 
 
 00 
 
 37 
 
 40 
 
 50 
 
 00 
 
 2,087 
 
 40 
 
 40 
 
 00 
 
 50 
 
 00 
 
 2,090 
 
 00 
 
 33 
 
 40 
 
 50 
 
 00 
 
 2,083 
 
 40 
 
 38 
 
 20 
 
 50 
 
 00 
 
 2,088 
 
 20 
 
 37 
 
 00 
 
 50 
 
 00 
 
 2,087 
 
 00 
 
 18 
 
 60 
 
 50 
 
 00 
 
 2,068 
 
 60 
 
 24 
 
 20 
 
 50 
 
 00 
 
 2,074 
 
 20 
 
 16 
 
 60 
 
 50 
 
 00 
 
 2,066 
 
 60 
 
 24 
 
 00 
 
 50 
 
 00 
 
 2,074 
 
 00 
 
 35 
 
 80 
 
 50 
 
 00 
 
 2,085 
 
 80 
 
 12 
 
 20 
 
 50 
 
 00 
 
 2,062 
 
 20 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 38 
 
 20 
 
 50 
 
 00 
 
 2,088 
 
 20 
 
 24 
 
 20 
 
 50 
 
 00 
 
 2,074 
 
 20 
 
 18 
 
 80 
 
 50 
 
 00 
 
 2,068 
 
 80 
 
 38 
 
 60 
 
 50 
 
 00 
 
 2,088 
 
 60 
 
 38 
 
 40 
 
 50 
 
 00 
 
 2,088 
 
 40 
 
 31 
 
 40 
 
 50 
 
 00 
 
 2,081 
 
 40 
 
 24 
 
 20 
 
 50 
 
 00 
 
 2,074 
 
 20 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 33 
 
 00 
 
 50 
 
 00 
 
 2,083 
 
 00 
 
 38 
 
 20 
 
 50 
 
 00 
 
 2,088 
 
 20 
 
 38 
 
 20 
 
 50 
 
 00 
 
 2,088 
 
 20 
 
 37 
 
 20 
 
 50 
 
 00 
 
 2,087 
 
 20 
 
 40 
 
 00 
 
 50 
 
 00 
 
 2,090 
 
 00 
 
 8 
 
 00 
 
 50 
 
 00 
 
 2,058 
 
 00 
 
 8 
 
 00 
 
 50 
 
 00 
 
 2,05S 
 
 00 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 37 
 
 00 
 
 50 
 
 00 
 
 2,087 
 
 00 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 none 
 
 50 
 
 00 
 
 2,050 
 
 00 
 
 46 
 
 60 
 
 50 
 
 00 
 
 2,096 
 
 60 
 
 44 
 
 60 
 
 50 
 
 00 
 
 2,094 
 
 60 
 
 37 
 
 40 
 
 50 
 
 00 
 
 2,087 
 
 40 
 
 37 
 
 40 
 
 50 
 
 00 
 
 2,087 
 
 40 
 
 14 
 
 40 
 
 50 
 
 00 
 
 2,064 
 
 40 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2.088 
 
 00 
 
 12 
 
 00 
 
 50 
 
 00 
 
 2,062 
 
 00 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 26 
 
 40 
 
 50 
 
 00 
 
 2,076 
 
 40 
 
 38 
 
 00 
 
 50 
 
 00 
 
 2,088 
 
 00 
 
 10 
 
 20 
 
 50 
 
 00 
 
 2,060 
 
 20 
 
 37 
 
 60 
 
 50 
 
 00 
 
 2,087 
 
 60 
 
 16 
 
 40 
 
 50 
 
 00 
 
 2,066 
 
 40 
 
 64 
 
 00 
 
 50 
 
 00 
 
 2,114 
 
 00 
 
 42 
 
 20 
 
 50 
 
 00 
 
 2,092 
 
 20 
 
 60 
 
 00 
 
 50 
 
 00 
 
 2,110 
 
 00 
 
 24 
 
 80 
 
 50 
 
 00 
 
 2,074 
 
 80 
 
 38 
 
 60 
 
 50 
 
 00 
 
 2,088 
 
 60 
 
 19 
 
 80 
 
 50 
 
 00 
 
 2,069 
 
 8* 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 « 
 
 59 
 
 STATEMENT OF COMPENSATION—Concluded. 
 
 Postage and 
 stationary Total 
 
 Members. 
 
 Salary. 
 
 Mileage. 
 
 account. 
 
 amount paid. 
 
 Tanner, J. Mack. 
 
 . 2,000 
 
 00 
 
 22 
 
 20 
 
 50 
 
 00 
 
 2,072 
 
 20 
 
 Todd, Hiram E. 
 
 . 2,000 
 
 00 
 
 14 
 
 40 
 
 50 
 
 00 
 
 2,064 
 
 40 
 
 Torrance, H. E. 
 
 . 2,000 
 
 00 
 
 18 
 
 80 
 
 50 
 
 00 
 
 2,068 
 
 80 
 
 Traeger, John E. 
 
 . 2,000 
 
 00 
 
 38 
 
 20 
 
 50 
 
 00 
 
 2,088 
 
 20 
 
 Trautmann, William E. 
 
 . 2,000 
 
 00 
 
 20 
 
 40 
 
 50 
 
 00 
 
 2,070 
 
 40 
 
 Wall, William A. 
 
 . 2,000 
 
 00 
 
 49 
 
 20 
 
 50 
 
 00 
 
 2,099 
 
 20 
 
 Warren, Alvin . 
 
 . 2,000 
 
 00 
 
 50 
 
 00 
 
 50 
 
 00 
 
 2,100 
 
 00 
 
 Whitman, Frank S. 
 
 . 2,000 
 
 00 
 
 55 
 
 80 
 
 50 
 
 00 
 
 2,105 
 
 80 
 
 Wilson, Waiter H. 
 
 . 2,000 
 
 00 
 
 38 
 
 20 
 
 50 
 
 00 
 
 2,088 
 
 20 
 
 Wolff, Oscar . 
 
 . 2,000 
 
 00 
 
 39 
 
 60 
 
 50 
 
 00 
 
 2,089 
 
 60 
 
 Woodward, Charles . 
 
 . 2,000 
 
 00 
 
 38 
 
 80 
 
 50 
 
 00 
 
 2,088 
 
 80 
 
 Woodward, Charles E. 
 
 . 2,000 
 
 00 
 
 33 
 
 00 
 
 50 
 
 00 
 
 2,083 
 
 00 
 
 At the hour of 11:00 o’clock A. M., Mr. Green moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
60 
 
 JOURNAL OF THE 
 
 [Feb. 5, 
 
 THURSDAY, FEBRUARY 5, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Phillip W. Yarrow, of the Morgan 
 Park Congregational Church, of Chicago. 
 
 The Journal of yesterday was being read, when, on motion of Mr. 
 Sutherland, the further reading of the same was dispensed with and it 
 was ordered to stand approved. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Cruden introduced Proposal No. 109, a Proposal to provide for 
 a tax upon the income of bachelors. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Wilson introduced Proposal No. 110, a Proposal to require 
 monthly settlements by persons charged with the duty of collecting 
 county and local taxes. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Wilson, by request, introduced Proposal No. Ill, a Proposal 
 to provide for the consolidation of local governments having jurisdiction 
 wholly or partly within the city of Chicago. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Six introduced Proposal No. 112, a Proposal to establish the 
 militia of the State of Illinois. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Hull introduced Proposal No. 113, a Proposal to prevent taxa¬ 
 tion without representation. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 103, a Proposal exempting certain real estate from 
 taxes. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 104, a Proposal to authorize holding Circuit Courts 
 outside of county seats in cities of 5,000 inhabitants and over. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 105, a Proposal to provide for the election of Judges 
 of the Appellate Court. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 106, a Proposal to provide that the right of free 
 speech shall not authorize the use of language tending to overthrow the 
 Government. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 61 
 
 • _ 
 
 Was taken up, read$at large a first time, ordered printed and 
 
 referred to the Committee on Bill of Bights. 
 
 Proposal No. 107, a Proposal to provide for compensation for em¬ 
 ployees injured in course of employment. 
 
 Was taken up, read at large a first time, ordered printed and 
 
 referred to the Committee on Industrial Affairs and Labor. 
 
 Proposal No. 108, a Proposal to incorporate in the Bill of Bights a 
 provision guaranteeing a remedy to citizens for damages resulting from 
 the acts of administrative officers. 
 
 Was taken up, read at large a first time, ordered printed and 
 
 referred to the Committee on Bill of Bights. 
 
 The President, as Chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Buies and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure reports for your approval that 
 Rule 37 of Article VI of the rules of this Convention be amended to read 
 
 as follows: 
 
 “A majority of a committee shall constitute a quorum. All committee 
 reports upon Proposals shall be in writing, and shall be signed by at least 
 a majority of the members of the committee, and shall be accompanied by 
 all the papers in relation thereto. Such reports when made shall be spread 
 upon the Journal. 
 
 “Every committee report upon Proposals, shall be in proper sectional 
 form and shall contain no reasons for such Proposal, nor any recital of 
 facts which may have led to the report; but the committee or a reporting 
 minority thereof, if it choose, may present on separate paper a recital of 
 facts with an argument, which, however, shall not be entered on the Journal, 
 except when ordered by the Convention.” 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as Chairman, laid before the Convention the further 
 report from the Committee on Buies and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure to whom was referred Resolu¬ 
 tion No. 14, introduced by Delegate Jarman, respectfully submits for your 
 approval the following report: 
 
 This committee approves the suggestion made in said resolution, and 
 suggests the following amendment to the rules heretofore adopted for the 
 procedure of the Convention: 
 
 Resolved, That Rule 23 “Order of Business” be amended to read as 
 
 follows: 
 
 Opening Prayer. 
 
 Corrections, if any, and approval of the Journal. 
 
 Special orders of the day. 
 
 Reports of standing committees. 
 
 Reports of select committees. 
 
 Introduction of Proposals. 
 
 First reading and reference of Proposals. 
 
 Second reading of Proposals. 
 
 Motions and resolutions. 
 
 Unfinished business. 
 
 General cfrders of the day. 
 
62 JOURNAL or the [Feb. 0 , 
 
 Further, resolved, That there be added to the rules of this Convention 
 a new rule to be designated 23^ of Article IV to read as follows: 
 
 2314 . If on the Convention day following the day on which the printed 
 Journal for the preceding Convention day is placed on the desks of the 
 Delegates, no corrections be made of the Journal as printed for such previous 
 Convention day, the same shall stand approved. 
 
 Further, That said Resolution No. 14, as offered, lie upon the table. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as Chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure reports the following special 
 order of business for next Wednesday, February 11: 
 
 The consideration in Committee of the Whole of the various Proposals 
 concerning a proposed judicial system, and especially the consideration of 
 Proposal No. 56, introduced by Delegate Miller. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 At the hour of 10:40 o’clock a. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 1 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 63 
 
 FRIDAY, FEBRUARY 6, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Phillip W. Yarrow, of the Morgan 
 Park Congregational Church, of Chicago. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals, 
 
 Proposal No. 109, a Proposal to provide for a tax upon the income 
 of bachelors. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 110, a Proposal to require monthly settlements by 
 persons charged with the duty of collecting county and local taxes. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. Ill, a Proposal to provide for the consolidation of 
 local governments having jurisdiction wholly or partly within the city 
 of Chicago. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Chicago and Cook County. 
 
 Proposal No. 112, a Proposal to establish the militia of the State 
 
 of Illinois. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Military Affairs. 
 
 Proposal No. 113, a Proposal to prevent taxation without repre¬ 
 sentation. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 At the hour of 10:15 o’clock a, m., Mr. Hamill moved that the 
 Convention do now adjourn until Tuesday, February 10, 1920, at 10 :00 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
64 
 
 JOURNAL OF THE 
 
 [Feb. 10, 
 
 TUESDAY, FEBRUARY 10, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by Rabbi Edward L. Israel, of the B’rith Sholo- 
 mon Temple, of Springfield. 
 
 The following Delegates were excused from attendance of the Con¬ 
 vention on account of sickness: Messrs. Lindly, McGuire, Potts, Pin- 
 cus, Parker, Pearce and Barr. 
 
 Mr. Brewster was excused for the remainder of the week on ac¬ 
 count of the death of Mrs. Brewster. 
 
 Mr. Taff from the Committee on Expenditures and supplies 
 submitted the following report: 
 
 Your Committee on Expenditures and Supplies to which was referred 
 Convention Resolution No. 17 offered by Delegate Gorman of Cook County 
 respectfully report as follows: 
 
 The subject matter and purpose expressed in said resolution meets with 
 the approval of your committee. Your committee, however, deem the word¬ 
 ing of the resolution to be insufficient and inadequate to accomplish the 
 purpose for which it was offered. Your committee therefore recommend 
 the adoption of a resolution as follows: 
 
 Resolution No. 18. 
 
 “Resolved, That it is the sense of this Convention that the sum of two 
 thousand and fifty dollars ($2,050), being the amount which Michael F. Sul¬ 
 livan, a delegate-elect, would have received had he taken the oath of office 
 as such delegate, be paid to Ethel M. Sullivan, widow of the said Michael 
 F. Sullivan, deceased. 
 
 “That the President of this Convention be and he is hereby directed to 
 make, execute, and deliver a voucher to the Auditor of Public Accounts for 
 said sum of money, said voucher to be in favor of Ethel M. Sullivan, widow 
 as aforesaid, and the Auditor of Public Accounts is hereby authorized and 
 empowered to pay the same out of moneys appropriated ‘for the payment of 
 salaries and other expenses properly incidental to the Constitutional Con¬ 
 vention.’ 
 
 “Your committee further recommends that Resolution No. 17 lie upon 
 the table.” 
 
 (Signed) Walter H. Wilson. 
 
 A. E. Taff. 
 
 J. H. Paddock. 
 
 H. H. Stahl. 
 
 Rollo Six. 
 
 Committee. 
 
 The question being on the adoption of the report of the commit¬ 
 tee, a call of the roll was had, resulting as follows: Yeas 73; nays 0. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 65 
 
 Those Voting in the affirmative are: 
 
 Baldwin 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Sutherland 
 
 Beckman 
 
 Dove 
 
 Hollenbeck 
 
 Mills 
 
 Taff 
 
 Brenholt 
 
 Dunlap 
 
 Iarussi 
 
 Moore 
 
 Tanner 
 
 Carlstrom 
 
 Dupee, E. H. 
 
 Jack 
 
 Nichols 
 
 Todd 
 
 Chew 
 
 Dupuy, G. A. 
 
 Jarman 
 
 O’Brien 
 
 Torrance 
 
 Clarke 
 
 Elting 
 
 Johnson, W. A. 
 
 Paddock 
 
 Traeger 
 
 Conkling 
 
 Frole 
 
 Kerrick 
 
 Rinaker 
 
 Trautmann 
 
 Coolley 
 
 Fyke 
 
 Kunde 
 
 Rosenberg 
 
 Wall 
 
 Corcoran 
 
 Gale 
 
 Latchford 
 
 Scanlan 
 
 Whitman 
 
 Corlett 
 
 Garrett 
 
 Lill 
 
 Shanahan 
 
 Wilson 
 
 Cruden 
 
 Gee 
 
 Lohman 
 
 Shaw 
 
 Wolff 
 
 Curtis 
 
 Gilbert 
 
 Mack 
 
 Shuey 
 
 Woodward 
 
 Cutting 
 
 Gorman 
 
 McEwen 
 
 Six 
 
 Mr. President 
 
 Davis 
 
 Gray 
 
 Michaelson 
 
 Smith 
 
 Yeas—73. 
 
 Dawes 
 
 Green 
 
 Michal 
 
 Stahl 
 
 Nays—0. 
 
 And the report of the committee was 
 
 adopted. 
 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Curtis introduced Proposal No. 114, a Proposal to provide for 
 the exemption of bonds, obligations and other evidence of indebtedness 
 of the State and governmental sub-divisions thereof from taxation. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Cutting introduced Proposal No. 115, a Proposal to amend 
 and adopt sections 18, 19 and 20 of Article VI of the Constitution of 
 1870 relating to county and probate courts. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gilbert introduced Proposal No. 116, a Proposal for additional 
 Judges of County Courts, with Justice of the Peace and f other juris¬ 
 diction in county seat or such other places as court may select, always 
 in session. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gilbert introduced Proposal No. 117, a Proposal to establish 
 a Probate Court in each county having a population of 20,000 inhab¬ 
 itants. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee introduced Proposal No. 118, a Proposal to provide for 
 Excess Condemnation. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee introduced Proposal No. 119, a Proposal to provide for 
 Excess Condemnation. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee introduced Proposal No. 120, a Proposal relating to 
 Eminent Domain. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee introduced Proposal No. 121, a Proposal to revise Ar¬ 
 ticle 2, section 13, relating to Eminent Domain. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee introduced Proposal No. 122, a Proposal in aid of 
 Zoning. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Elting introduced Proposal No. 123, a Proposal to amend Ar¬ 
 ticle VI, being the Judicial Department relative to re-hearings in the 
 Appellate Court. 
 
 —5 C J 
 
66 
 
 JOURNAL OF THE 
 
 [Feb. 10, 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Elting introduced Proposal No. 124, a Proposal to amend 
 sections 18 and 19 of Article VI, regarding County Courts. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Taff introduced Proposal No. 125, a Proposal to provide for 
 the election of a county judge, sheriff, treasurer and a clerk of the cir¬ 
 cuit court, and fixing their term of office. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Taff introduced Proposal No. 126, a Proposal to provide for 
 the appointment of county clerks and coroners by the board of county 
 commissioners. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Taff introduced Proposal No. 127, a Proposal to provide that 
 the compensation of clerks of courts of record, county clerks, treasurer, 
 sheriff, coroner and recorder, shall be fixed by the board of county com¬ 
 missioners. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Fyke introduced Proposal No. 128, a Proposal to describe sen¬ 
 atorial districts. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Green introduced Proposal No. 129, a Proposal to guarantee 
 political freedom to the citizen. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 At the hour of 10:40 o’clock A. M., Mr. Corcoran moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 67 
 
 WEDNESDAY, FEBRUARY 11, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by Rabbi Edward L. Israel, of the B’rith Sholo- 
 mon Temple, of Springfield. 
 
 The Journals of Thursday and Friday, February 5th and 6th re¬ 
 spectively, having been printed and placed on the desks of the Delegates, 
 as provided under the rules were taken up and no corrections appearing, 
 were ordered to stand approved. 
 
 The Convention proceeding on the Order of Introduction of Pro¬ 
 posals. 
 
 Mr. Gray introduced Proposal No. 130, a Proposal to amend sec¬ 
 tion 5 of Article VIII of the Constitution of 1870 relating to county 
 superintendent of schools. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gray introduced Proposal No. 131, a Proposal to retain in the 
 proposed Constitution certain sections of the present Constitution re¬ 
 lating to the common school system. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Shaw introduced Proposal No. 132, a Proposal to provide a 
 judicial system for the State of Illinois. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Wolff introduced Proposal No. 133, a Proposal for the initia¬ 
 tive and referendum. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Wolff introduced Proposal No. 134, a Proposal for the separate 
 submission to the electors of provisions for the initiative and referendum. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gilbert introduced Proposal No. 135, a Proposal to omit men¬ 
 tion of justices of the peace, police magistrates and constables as offi¬ 
 cers in Constitution. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Morris introduced Proposal No. 136, a Proposal to add to the 
 Bill of Rights an additional section. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Morris introduced Proposal No. 137, a Proposal in relation to 
 the Illinois Central Railroad. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Six, by request, introduced Proposal No. 138, a Proposal to 
 provide for the appointment of Circuit Judges by the Governor upon 
 the recommendation of the lawyers of the district. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
68 
 
 JOURNAL OF THE [Feb. 11, 
 
 Mr. Corlett, by request, introduced Proposal No. 139, a Proposal 
 to establish a Department of Professional Education. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Corlett, by request, introduced Proposal No. 140, a Proposal to 
 establish a Department of Trades and Eegistration. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the order of First Beading and Ref¬ 
 erence of Proposals. 
 
 Proposal No. 114, a Proposal to provide for the exemption of bonds, 
 obligations and other evidences of indebtedness of the state and govern¬ 
 mental sub-divisions thereof from taxation. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 115, a Proposal to amend and adopt sections 18, 19 
 and 20 of Article VI of the Constitution of 1870 relating to County and 
 Probate Courts. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 116, a Proposal for additional Judges of County 
 Courts, with Justice of the Peace and other jurisdiction in county seat 
 or such other places as court may select, always in session. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 117, a Proposal to establish a Probate Court in each 
 county having a population of 20,000 inhabitants. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 118, a Proposal to provide for excess condemnation. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Bights. 
 
 Proposal No. 119, a Proposal to provide for excess condemnation. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Bights. 
 
 Proposal No. 120, a Proposal relating to eminent domain. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 Proposal No. 121, a Proposal to revise Article 2, section 13, relat¬ 
 ing to eminent domain. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 Proposal No. 122, a Proposal in aid of zoning. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Municipal Government. 
 
 Proposal No. 123, a Proposal to amend Article VI, being the Judi¬ 
 cial Department, relative to re-hearings in the Appellate Court. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 124, a Proposal to amend sections 18 and 19 of Ar¬ 
 ticle YT, regarding county courts. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 69 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 ProjDosal No. 125, a Proposal to provide for the election of a county 
 judge, sheriff, treasurer and a clerk of the Circuit Court, and fixing 
 their term of office. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 126, a Proposal to provide for the appointment of 
 county clerks and coroners by the board of county commissioners. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 127, a Proposal to provide that the compensation of 
 clerks of courts of record, county clerks, treasurer, sheriff, coroner and 
 recorder, shall be fixed by the board of county commissioners. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 128, a Proposal to describe Senatorial Districts. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 129, a Proposal to guarantee political freedom to the 
 citizen. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Eights. 
 
 Mr. Dryer was excused from attendance at the Convention on ac¬ 
 count of sickness. 
 
 Upon his request, Mr. Brandon was excused from attendance at the 
 Convention for the remainder of the week. 
 
 In accordance with the Special Order entered on February 5th, the 
 President called Mr. De Young to the chair. 
 
 And at the hour of 10 :45 a. m., the Convention went into the Com¬ 
 mittee of the Whole for the consideration of various Proposals concern¬ 
 ing a proposed judicial system and especially the consideration of Pro¬ 
 posal No. 56. 
 
 At the hour of 4:40 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. De Young from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 4:42 o’clock p. m., Mr. Brenholt moved that 
 the Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
70 
 
 JOURNAL OF THE 
 
 [Feb. 12, 
 
 THURSDAY, FEBRUARY 12, 1920, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by Rabbi Edward L, Israel, of the B'rith Sholo- 
 mon Temple, of Springfield. 
 
 The Journal of Tuesday February 10th having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was: 
 taken up and no corrections appearing was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure reports the following matters 
 for consideration in Committee of the Whole on next Tuesday, February 
 17th, namely: 
 
 The consideration of Proposals numbered 133 and 134, respectively. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure reports the following matters 
 for consideration in Committee of the Whole on next Wednesday, February 
 18th: 
 
 The consideration of the various proposals concerning a proposed judi¬ 
 cial system, and especially the consideration of Proposal No. 56. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The Convention proceeding on the order of First Reading and Ref¬ 
 erence of Proposals. 
 
 Proposal No. 130, a Proposal to amend section 5 of Article VIII of 
 the Constitution of 1870 relating to County Superintendent of Schools. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Education. 
 
 Proposal No. 131, a Proposal to retain in the proposed Constitution 
 certain sections of the present Constitution relating to the common 
 school system. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Education. 
 
 Proposal No. 132, a Proposal to establish a judicial system for the 
 State of Illinois. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 71 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 133, a Proposal for the initiative and referendum. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Initiative, Keferendum and Recall. 
 
 Proposal No. 134, a Proposal to provide for the separate submission 
 to the electors of provisions for the initiative and referendum. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Submission and Address, when appointed. 
 
 Proposal No. 135, a Proposal to omit mention of justices of the 
 peace, police magistrates and constables as officers in Constitution. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 136, a Proposal to add to the Bill of Eights an addi¬ 
 tional section. 
 
 Was. taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 Proposal No. 137, a Proposal in relation to the Illinois Central Rail¬ 
 road. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 138, a Proposal to provide for the appointment of 
 circuit judges by the Governor upon the recommendation of the lawyers 
 of the district. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 139, a Proposal to establish a Department of Profes¬ 
 sional Education. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Education. 
 
 Proposal No. 140, a Proposal to establish a Department of Trades 
 and Registration. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Industrial Affairs and Labor. 
 
 Mr. Trautmann offered the following resolution and moved its adop¬ 
 tion : 
 
 Resolution No. 20. 
 
 Resolved , That the Secretary of State be and he is hereby requested to 
 cause to be prepared ready for occupancy by one or more of the committees 
 of this Convention on Tuesday morning next, room 530, in the State House, 
 which said room was by the last General Assembly expressly reserved for 
 the use of this Convention and its committees. 
 
 And the resolution was adopted. 
 
 Mr. Warren offered the following resolution and moved its adoption: 
 
 Resolution No. 21. 
 
 Whereas, The delegates to the Constitutional Convention of the State of 
 Illinois have learned with sorrow of the death of Mrs. Edward H. Brewster, 
 the beloved wife of Edward H. Brewster, a Delegate to this Convention from 
 
72 JOURNAL OF the [Feb. 12, 
 
 the Thirty-fifth Senatorial District, on the seventh day of February, nineteen 
 hundred and twenty, at Dixon, Illinois; therefore be it 
 
 Resolved , That the Delegates to the Constitutional Convention express 
 their deep regret at the loss to Mr. Brewster and to his children, of the lov¬ 
 ing comradeship and counsel of a devoted wife and mother, and that they ex¬ 
 tend their sympathy to the members of the bereaved family; and, be it fur¬ 
 ther 
 
 Resolved, That this resolution be spread on the records of the Conven¬ 
 tion and that a copy thereof suitably engrossed be forwarded to the family. 
 
 And the resolution was unanimously adopted by a rising vote. 
 
 11 O’Cloce: a. m. 
 
 The hour having arrived, the time heretofore fixed by Resolution 
 No. 9, adopted on January 15th, for the holding of appropriate exercises 
 to commemorate the anniversary of the birth of Abraham Lincoln. 
 
 The President called Mr. Jarman to the chair. 
 
 Whereupon the following program was carried out: 
 
 Song, “Battle Hymn of the Republic”—Male quartette. 
 
 Address—Captain Oscar E. Carlstrom. 
 
 Address—Hon. Clinton L. Conkling. 
 
 Song, “Illinois”—Male Quartette. 
 
 Address—Former Governor Joseph W. Fifer. 
 
 At the conclusion of the exercises, on motion of Mr. Brenholt, a 
 vote of thanks was extended to the distinguished speakers and also to the 
 quartette for the excellent program rendered. 
 
 The President having resumed the chair. 
 
 At the hour of 1:15 o’clock p. m., Mr. Brenholt moved that the 
 Convention do now adjourn until Tuesday, February 17, 1920, at 10 :00 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 73 
 
 TUESDAY, FEBRUARY 17, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Father Charles Gilmartin, of the 
 Sacred Heart Church, of East St. Louis. 
 
 The Journal of Wednesday, February 11th, having been printed 
 and placed on the desks of the delegates, as provided under the rules, 
 was taken up and no corrections appearing was ordered to stand 
 approved. 
 
 Upon request, the following delegates were excused from attendance 
 at the Convention during the remainder of the week on account of 
 sickness: Messrs. Gee, Stahl, O’Brien, Potts, Hull, Revell, McEwen, 
 McGuire and Ireland. 
 
 The Convention proceeding on the Order of Introduction of Pro¬ 
 posals. 
 
 Mr. Mighell introduced Proposal No. 141, a Proposal to apportion 
 the State into Senatorial and Representative Districts. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Coolley introduced Proposal No. 142, a Proposal to prescribe 
 the manner of consideration by the General Assembly of Amendments 
 to the Constitution of the United States. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No. 143, a Proposal to amend 
 section 22, of Article 4, of the Constitution (Bill of Rights) by insert¬ 
 ing in lieu of the last sentence thereof the following: 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No. 144, a Proposal to amend Ar¬ 
 ticle VI, Judicial Department. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No. 145, a Proposal to substitute 
 new sections for sections ten (10) and twelve (12) of Article ten (10) 
 of the present Constitution entitled “counties.” 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Jarman introduced Proposal No. 146, a Proposal to amend Ar¬ 
 ticle VI of the Constitution with reference to the taking of testimony 
 in equity cases. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Jarman introduced Proposal No. 147, a Proposal to amend 
 Article VI in relation to the power of the Supreme Court to declare a 
 law unconstitutional. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
74 
 
 JOURNAL OF THE 
 
 [Feb. 17, 
 
 Committee of the Whole. 
 
 In accordance with the Special Order entered on February 12th, 
 the President called Mr. Dove to the chair. 
 
 And at the hour of 10 :30 o'clock a. m., the Convention went into 
 the Committee of the Whole for the consideration of Proposals num¬ 
 bered 133 and 134, respectively. 
 
 At the hour of 11:38 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Dove, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 11:40 o’clock p. m. Mr. Green moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 75 
 
 WEDNESDAY, FEBRUARY 18, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Father Charles Gilmartin, of the 
 Sacred Heart Church, of East St. Louis. 
 
 The Journal of Thursday, February 12th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the Order of Introduction of Propo¬ 
 sals. 
 
 Mr. Scanlan introduced Proposal No. 148, a Proposal to prevent 
 
 monopolies. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and Ref¬ 
 erence of Proposals. 
 
 Proposal No. 141, a Proposal to apportion the State into Senatorial 
 and Representative Districts. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 142, a Proposal to prescribe the manner of considera¬ 
 tion by the General Assembly of Amendments to the Constitution of 
 
 the United States. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Miscellaneous Subjects. 
 
 Proposal No. 143, a Proposal to amend section 22, of Article 4, of 
 the Constitution by inserting in lieu of the last sentence thereof the fol¬ 
 lowing. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 144, a Proposal to provide for a Judicial Department. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 145, a Proposal to substitute new sections for sec¬ 
 tions ten (10) and twelve (12) of Article ten (10) of the present Con¬ 
 stitution entitled “counties.” 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 146, a Proposal to amend Article VT of the Constitu¬ 
 tion with reference to the taking of testimony in equity cases. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 147, a Proposal to amend Article VI in relation to 
 the power of the Supreme Court to declare a law unconstitutional. 
 
76 
 
 journal of the [Feb. 18, 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Mr. Green moved that when the Convention adjourns for the week, 
 it stand suspended until Wednesday, February 25, 1920. 
 
 And the motion prevailed. 
 
 Special Order. 
 
 In accordance with the Special Order entered on February 12th, 
 the President called Mr. De Young to the chair. 
 
 And at the hour of 10:45 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the various 
 Proposals concerning a proposed judicial system and especially the con¬ 
 sideration of Proposal No. 56. 
 
 At the hour of 4:22 o’clock p. m. the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. De Young from the Committee of the Whole reported that the 
 Committee has made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 4:25 o’clock p. m., Mr. Green moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 77 
 
 THURSDAY, FEBRUARY 19, 1920, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Father Charles Gilmartin, of the 
 Sacred Heart Church, of East St. Louis. 
 
 The Journal of Tuesday, February 17, having been printed and 
 placed on the desks of the members, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Gray introduced Proposal Ho. 149, a Proposal to omit from 
 the proposed Constitution section 24 of the schedule of the Constitution 
 of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Jarman introduced Proposal Xo. 150, a Proposal to amend 
 Article X of the Constitution with reference to counties. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Jarman introduced Proposal Xo. 151, a Proposal to amend 
 Article VI of the Judicial Department with reference to the Circuit 
 Court. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Jarman introduced Proposal Xo. 152, a Proposal to amend 
 Article 6 of the Constitution with reference to County Courts. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Traeger, by request, introduced Proposal Xo. 153, a Proposal 
 for home rule for municipal corporations. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Lindly, by request, introduced Proposal Xo. 154, a Proposal to 
 exempt from taxation all funds, moneys and property used exclusively 
 for benevolent and charitable purposes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Fyke introduced Proposal Xo. 155, a Proposal relating to bank¬ 
 ing activities. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Fyke introduced Proposal Xo. 156, a Proposal relating to State 
 
 banks. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Lohman, by request, introduced Proppsal Xo. 157, a Proposal 
 to be incorporated in the Constitution relative to the charters of benevo¬ 
 lent and fraternal organizations including those heretofore organized and 
 those to be organized in t]je future. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
78 
 
 journal of the [Feb. 19, 
 
 Mr. Lill introduced Proposal No. 158, a Proposal to provide for a 
 system of county government. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 148, a Proposal to prevent monopolies. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 At the hour of 10 :20 o’clock a. m., Mr. Green moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And in accordance with the motion adopted on yesterday the Con¬ 
 vention stood adjourned until Wednesday, February 25, 1920, at 10:00 
 o’clock a. m. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 79 
 
 WEDNESDAY, FEBRUARY 25, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Lester Leake Riley, of the Christ 
 Episcopal Church, of Springfield. 
 
 The Journal of Wednesday, February 18th, having been printed 
 and placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the Order of Introduction of Pro¬ 
 posals. 
 
 Mr. Sutherland introduced Proposal No. 159, a Proposal in relation 
 to Home Rule and Consolidation for the City of Chicago and the County 
 
 of Cook. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Kerrick introduced Proposal No. 160, a Proposal to retain, as 
 amended, section 9 of Article 9, of the present Constitution. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Kerrick introduced Proposal No. 161, a Proposal to retain, as 
 amended, section 10 of Article 9, of the present Constitution. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gale introduced Proposal No. 162, a Proposal to fix the taxing 
 districts for road purposes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Garrett introduced Proposal No. 163, a Proposal to amend 
 section 13 of Article 3 of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Garrett introduced Proposal No. 164, a Proposal to compel citi¬ 
 zens to exercise their right of franchise. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal No. 165, a Proposal to repeal the 
 Fourth Amendment, adopted November 2, 1886, of the Constitution of 
 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal No. 166, a Proposal to repeal 
 Article XIII of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal No. 167, a Proposal to repeal sec¬ 
 tion 15 of Article XI of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal No. 168, a Proposal to repeal sec¬ 
 tion 13 of Article XI of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
80 
 
 JOURNAL OF the [Feb. 25, 
 
 Mr. Hamill introduced Proposal Xo. 169. a Proposal to repeal sec¬ 
 tion 12 of Article XI of the Constitution of 1870. 
 
 The Proposal was taken up, read bv title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Ho. 170, a Proposal to repeal sec¬ 
 tion 11 of Article XI of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Ho. 171, a Proposal to repeal sec¬ 
 tion 10 of x4rtiele XI of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 172, a Proposal to repeal sec¬ 
 tion 9 of Article XI of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 173, a Proposal to repeal sec¬ 
 tion 5 (except the first sentence thereof) of Article XI of the Constitu¬ 
 tion of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 174, a Proposal to repeal sec¬ 
 tion 3 of Article XI of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 175, a Proposal to repeal sec¬ 
 tion 10 of Article X of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 176, a Proposal to repeal sec¬ 
 tion 9 of Article X of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 177, a Proposal to repeal sec¬ 
 tion 8 of Article X of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 178, a Proposal to repeal sec¬ 
 tion 7 of Article X of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 179, a Proposal to repeal sec¬ 
 tion 6 of Article X of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 180, a Proposal to repeal sec¬ 
 tion 5 of Article X of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 181, a Proposal to repeal sec¬ 
 tion 13 of Article IX of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 182, a Proposal to repeal sec¬ 
 tion 5 of Article VIII of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 183. a Proposal to repeal sec¬ 
 tion 33 of Article 4 of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hamill introduced Proposal Xo. 184, a Proposal to repeal sec¬ 
 tion 32 of Article 4 of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 81 
 
 Mr. Hamill introduced Proposal No. 185, a Proposal to repeal sec¬ 
 tion 29 of Article 4 of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Scanlan introduced Proposal No, 186, a Proposal to embody 
 in the Article of the new Constitution in relation to taxation the fol¬ 
 lowing provision imposing the duty on the owners of property to list 
 the same for taxation and providing remedies for a failure to do so. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 10 :55 o'Clock A. M. 
 
 At the hour of 10 :55 a. m. the Convention suspended the order of 
 business under which it was working for the time being and in response 
 to the invitation previously extended by the Convention, United States 
 Senators Lawrence Y. Sherman and Medill McCormick were intro¬ 
 duced by the President and addressed the delegates at length upon gen¬ 
 eral subjects pertaining to the work of the Convention. 
 
 At the hour of 1:15 o’clock p. m., Mr. Davis moved that the Con¬ 
 vention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o’Clock P. M. 
 
 The hour of 2:00 o’clock p. m. having arrived the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The Convention again proceeding on the Order of Introduction of 
 Proposals. 
 
 Mr. Brenholt introduced Proposal No. 187, a Proposal to provide 
 that the General Assembly fix the compensation of all county officers, 
 and that the county boards fix the amount of clerk hire, stationery and 
 other expenses. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Cutting introduced Proposal No. 188, a Proposal to provide 
 for the establishment of Judicial Department. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Cuttiilg introduced Proposal No. 189, a Proposal to amend sec¬ 
 tions 6, 7 and 8 of Article IY of the Constitution relating to apportion¬ 
 ment and the number of Senators and Representatives in the General 
 Assembly. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Trautmann introduced Proposal No. 190, a Proposal to pro¬ 
 vide for the time of electing all officers. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Johnson introduced Proposal No. 191, a Proposal to revise 
 Article IX, Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gee introduced Proposal No. 192, a Proposal to give cities and 
 towns power to own and operate water and light systems. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 —6 C J 
 
1 
 
 82 JOURNAL OF THE [Feb. 25, 
 
 Mr. Gee introduced Proposal No. 193, a Proposal to limit the right 
 of suffrage to be a part of Article VII of the Constitution b}^ appropri¬ 
 ate section. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gee introduced Proposal No. 194, a Proposal to deny the right 
 of pardon or parole for certain crimes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Gee introduced Proposal No. 195, a Proposal to limit the right 
 to hold office to be a part of Article YII of the Constitution by appro¬ 
 priate section. 
 
 The Proposal was taken up, read bv title and advanced for reference. 
 
 Mr. Gee introduced Proposal No. 196, a Proposal to reclaim swamp 
 and overflowed lands. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mighell introduced Proposal No. 197, a Proposal to create an 
 industrial court with authority to prevent strikes and adjust industrial 
 controversies which interfere with the continuation of a necessary pub¬ 
 lic service, or which deprive the public of a necessary commodity. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mighell introduced Proposal No. 198, a Proposal respecting 
 suffrage. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Lohman introduced Proposal No. 199, a Proposal to provide 
 for the performance of the duties imposed by the Constitution. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Lohman introduced Proposal No. 200, a Proposal to prohibit 
 the appropriating of airy public funds for sectarian purposes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Kunde introduced Proposal No. 201, a Proposal in regard to 
 personal property tax. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Kunde introduced Proposal No. 202, a Proposal for the manu¬ 
 facture, distribution, transportation or sale of beverage. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dove introduced Proposal No. 203, a Proposal to provide for 
 the regulation of strikes, lockouts and industrial differences. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dove introduced Proposal No. 204, a Proposal with reference 
 to suffrage. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dove introduced Proposal No. 205, a Proposal in regard to 
 literacy test for voters. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Moore introduced Proposal No. 206, a Proposal to regulate 
 collective bargaining. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Einaker introduced Proposal No. 207, a Proposal to add the 
 following section to the article in regard to the Judicial Department. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 83 
 
 Mr. Einaker introduced Proposal Xo. 208, a Proposal to amend 
 certain sections of the Bill of Eights and add a section thereto. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. McEwen introduced Proposal Xo. 209, a Proposal to provide 
 an article relative to Initiative and Eeferendum. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hull introduced Proposal Xo. 210, a Proposal to prevent a 
 minority from framing a new organic law. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hull, by request, introduced Proposal Xo. 211, a Proposal to 
 provide for public employment control and for the classification of cer¬ 
 tain positions in the public service. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dryer introduced Proposal Xo. 212, a Proposal to provide for 
 fees of clerks of courts of record. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Shaw introduced Proposal Xo. 213, a Proposal to prevent the 
 pollution of the rivers and lakes of this State. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupuy introduced Proposal Xo. 214, a Proposal to create a 
 Commission of Education. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupuy introduced Proposal Xo. 215, a Proposal to prescribe 
 method of ratifying amendments to the Federal Constitution. 
 
 The Proposal was taken' up, read by title and advanced for reference. 
 
 Mr. Dupu}^ introduced Proposal Xo. 216, a Proposal to protect the 
 rights of employes and to prohibit strikes in certain cases. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Davis introduced Proposal Xo. 217, a Proposal to amend sec¬ 
 tions five (5), seven (7) and nine (9) of Article II of the Constitution. 
 
 The Proposal was taken up, read hv title and advanced for reference. 
 
 Mr. Jarman introduced Proposal Xo. 218, a Proposal to provide 
 for appeals in bailable criminal cases. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Jarman introduced Proposal Xo. 219, a Proposal to amend 
 Constitution Concerning Home Buie for Municipalities. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Clarke introduced Proposal Xo. 220, a Proposal to amend and 
 change the present article of the Constitution relative to the boundaries 
 of the State. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the Order of First Beading and 
 Eeference of Proposals. 
 
 Proposal Xo. 149, a Proposal to omit from the proposed Constitu¬ 
 tion section 24 of the schedule of the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Schedule. 
 
 Proposal Xo. 150, a Proposal to amend Article X of the Constitu¬ 
 tion with reference to counties. 
 
84 
 
 JOURNAL OF THE 
 
 [Feb. 25, 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 151, a Proposal to amend Article VI of the Judicial 
 Department with reference to the Circuit Court. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 152, a Proposal to amend Article 6 of the Constitu¬ 
 tion with reference to county courts. 
 
 Was taken up, read at large a. first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department, 
 
 Proposal No. 153, a Proposal for home rule for municipal corpora¬ 
 tions. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Municipal Government. 
 
 Proposal No. 154, a Proposal to exempt from taxation all funds, 
 moneys and property used exclusively for benevolent and charitable pur¬ 
 poses. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 155, a Proposal relating to banking activities. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 156, a Proposal relating to state banks. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 157, a Proposal relative to the charters of benevolent 
 and fraternal organizations including those heretofore organized and 
 those to be organized in the future. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 158, a Proposal to provide for a system of county 
 government. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 The following Delegates were excused from attendance of the Con¬ 
 vention on account of sickness: Messrs. Pearce, Hogan, Revel!, Potts, 
 Curtis and Stahl. 
 
 At the hour of 3 :15 o’clock p.- m. Mr. Lindly moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 85 
 
 THURSDAY, FEBRUARY 26, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer Avas offered by the Rev. Lester Leake Rilev, of the Christ 
 Episcopal Church, of Springfield. 
 
 The Journal of Thursday, January 19th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, Avas 
 taken up and no corrections appearing, Avas ordered to stand approved. 
 
 The Com r ention proceeding on the Order of Introduction of Pro¬ 
 posals. 
 
 Mr. Brenholt introduced Proposal Ho. 221, a Proposal to designate 
 the time when laAvs shall come into effect. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Brenholt introduced Proposal Ho. 222, a Proposal to establish 
 a judicial system for the State of Illinois. 
 
 The Proposal Avas taken up, read by title and advanced for reference. 
 
 Mr. Wall introduced Proposal Ho. 223, a Proposal to separate the 
 office of sheriff and collector in counties not under township organ¬ 
 ization and to create the office of county collector of taxes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Kunde introduced Proposal Ho. 224, a Proposal to prohibit 
 options in purchase and sale of commodities and dealing in stocks by 
 margins, or in lottery. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mayer introduced Proposal Ho. 225, a Proposal to amend 
 Article 2 the Bill of Rights, section 9, so as to read as follows . 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mayer introduced Proposal Ho. 226, a Proposal to amend 
 Article 2 (The Bill of Rights), section 5 so as to read as follows. 
 
 The Proposal Avas taken up, read by title and advanced for reference. 
 
 Mr. Elting introduced Proposal Ho. 227, a Proposal to revise, alter 
 and amend section 1, Article IX, entitled “Revenue”, of the Constitu¬ 
 tion of 18-70. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. BakLvin introduced Proposal Ho. 228, a Proposal to provide 
 that laAvs shall take effect thirty days after the adjournment of the 
 General Assembly. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Cutting introduced Proposal Ho. 229, a Proposal in regard to 
 the proposed Bill of Rights. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Cutting, by request, introduced Proposal Ho. 230, a Proposal 
 in regard to the Initiative and Referendum. 
 
 The Proposal Avas taken up, read by title and advanced for reference. 
 
86 
 
 JOURNAL OF THE [Feb. 26, 
 
 Mr. Carey introduced Proposal No. 231, a Proposal in relation to 
 the free schools. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Sneed introduced Proposal No. 232, a Proposal to insert a 
 separate article to be designated "Labor." 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Sneed introduced Proposal No. 233, a Proposal to amend 
 Article X of section VIII in relation to election and term of office of 
 county judge, county clerk, sheriff, and treasurer, and a county collector. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Beckman, by request, introduced Proposal No. 234, a Pro¬ 
 posal to provide for the establishment of military system in Illinois. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mills, by request, introduced Proposal No. 235, a Proposal to 
 amend sections 1 and 3, Article 8 of the Constitution. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Six introduced Proposal No. 236, a Proposal of provision for 
 a budget system. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 237, a Proposal to amend sec¬ 
 tions 6, 7 and 8 of Article 4 to read as follows. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mills, by request, introduced Proposal No. 238, a Proposal that 
 sections 1 and 2 of Article 8 be amended so that said sections shall be 
 amended so that they shall read as follows. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 239, a Proposal guaranteeing 
 freedom of worship. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 240, a Proposal to amend sec¬ 
 tion 18, of Article II, Bill of Bights, to read as follows. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mills introduced Proposal No. 241, a Proposal to provide for 
 the exemption from taxation of property heretofore or hereafter donated 
 for school purposes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Shuey, by request, introduced Proposal No. 242, a Proposal to 
 amend Article 14, section 1, of the Constitution of 1870, so that it will 
 read as follows. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dawes introduced Proposal No. 243, a Proposal for the crea¬ 
 tion of a death, disability or retirement fund for public officers and 
 employes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dawes introduced Proposal No. 244, a Proposal to provide for 
 raising revenue. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Fyke introduced Proposal No. 245, a Proposal relating to cor¬ 
 porations. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 87 
 
 Mr. Dupee, by request, introduced Proposal No. 246, a Proposal in 
 
 aid of zoning. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee, by request, introduced Proposal No. 247, a Proposal to 
 provide for excess condemnation. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee, by request, introduced Proposal No. 248, a Proposal to 
 revise Article 9, section 12, relating to the limitation of indebtedness of 
 municipal corporations. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee, by request, introduced Proposal No. 249, a Proposal to 
 revise Article 9, section 12, relating to the limitation of indebtedness of 
 municipal corporations. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee, by request, introduced Proposal No. 250, a Proposal to 
 revise Article 9, section 9, relating to the making of local improve¬ 
 ments. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee, by request, introduced Proposal No. 251, a Proposal 
 to authorize zoning legislation. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee, by request, introduced Proposal No. 252, a Proposal to 
 authorize restrictions on property needed for public use in the future. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee, by request, introduced Proposal No. 253, a Proposal 
 to confer authority and power to lay out a city plan and to control the 
 use and occupancy of land embraced therein. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dupee, by request, introduced Proposal No. 254, a Proposal 
 to provide for excess condemnation. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Barr, by request, introduced Proposal No. 255, a Proposal to 
 require a county superintendent of schools in each county. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Barr introduced Proposal No. 256, a Proposal to permit the 
 distribution to local taxing bodies of payments received from the Illi¬ 
 nois Central Eailroad. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Barr introduced Proposal No. 257, a Proposal to exempt par¬ 
 sonages from taxation. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Brandon introduced Proposal No. 258, a Proposal to define 
 
 education. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Brandon, by request, introduced Proposal No. 259, a Proposal 
 to provide for a commissioner of education. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Iarussi introduced Proposal No. 260, a Proposal to amend 
 section 4 of Article 9 of the Constitution of 1870. 
 
88 
 
 JOURXAL OF THE 
 
 [Feb. 26, 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Latchford introduced Proposal Xo. 261, a Proposal to amend 
 section — of Article 9 of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Six introduced Proposal Xo. 262, a Proposal relating to suf¬ 
 frage. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Six introduced Proposal Xo. 263, a Proposal to define the re¬ 
 lationship between State powers and the powers of municipalities in 
 certain cases. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Lindly, by request, introduced Proposal Xo. 264, a Proposal 
 to jDrovide for the improvement of the lakes, rivers and streams of this 
 State. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Lindly, by request, introduced Proposal Xo. 265, a Proposal to 
 prevent encroachment upon the lakes, rivers and streams of this State. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. O'Brien introduced Proposal Xo. 266, a Proposal to amend 
 sections Xo. 3 and 5 of Article Xo. 9 of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Chew introduced Proposal Xo. 267, a Proposal to provide for 
 the development of water power and for the creation of districts for 
 the purpose of affording combined outlet drainage, water power, and 
 the reclamation of lands subject to overflow, within the State of Illinois. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Chew introduced Proposal Xo. 268, a Proposal relating to 
 municipal control and regulation of public utilities. 
 
 The Proposal was taken up, read b}^ title and advanced for reference. 
 
 Mr. Barr introduced Proposal Xo. 269, a Proposal to provide for 
 the issuance of State bonds for the construction and repair of a general 
 system of hard roads and for the completion of any waterway under 
 construction. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Barr introduced Proposal Xo. 270, a Proposal to provide for 
 the exemption from taxation of State bonds issued under existing au¬ 
 thorization. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Barr introduced Proposal Xo. 271, a Proposal to provide for 
 physical education and recreation training. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. McEwen introduced Proposal Xo. 272, a Proposal to specify 
 certain courts as part of the Judicial Department. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. McEwen introduced Proposal Xo. 273, a Proposal to provide 
 for a separate election of judges of the criminal court of Cook county. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. McEwen introduced Proposal Xo. 274, a Proposal to provide 
 for the appointment of judges of the Appellate Court. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 89 
 
 Mr. McEwen introduced Proposal Xo. 275, a Proposal relative to 
 the superintendents of courts. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. McEwen introduced Proposal Xo. 276, a Proposal to vest in 
 the General Assembly the power to provide for appeals, writs of error 
 and methods of review of decisions. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. McEwen introduced Proposal Xo. 277, a Proposal to vest in 
 the General Assembly power to make rules of pleading practice and 
 ^procedure for the judicial department. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. McEwen introduced Proposal Xo. 278, a Proposal to withdraw 
 hearings before masters in chancery and place the same in the circuit 
 court or a branch thereof. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. McEwen introduced Proposal Xo. 279, a Proposal to provide 
 for authority of impeachment and removal of judges, officers and em¬ 
 ployes of courts. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Wolff, by request, introduced Proposal Xo. 280, a Proposal 
 for the method of amending the Constitution. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Cruden introduced Proposal Xo. 281, a Proposal to provide 
 that words importing the masculine gender shall include the feminine 
 gender. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Cruden introduced Proposal Xo. 282, a Proposal to provide 
 for the removal of snow and ice from sidewalks. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Hull introduced Proposal Xo. 283, a Proposal to amend sec¬ 
 tion 10 of Article 5 of the Constitution. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Lohman introduced Proposal Xo. 284, a Proposal to provide 
 for the issuance of bonds by the State or municipalities to encourage 
 the building of homes and buying of lands by citizens of the State. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Lohman introduced Proposal Xo. 285, a Proposal for public 
 •ownership of public utilities. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Michaelson introduced Proposal Xo. 286, a Proposal to pro¬ 
 vide proper publicity of this Constitution (or of amendments to the 
 Constitution) by printing and mailing the same to the post office ad¬ 
 dress of each qualified voter in the State of Illinois, at least ninety 
 days before the election at which they are to be voted upon. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Mjchaelson introduced Proposal Xo. 287, a Proposal to em¬ 
 power the General Assembly of the State of Illinois to enact laws pro¬ 
 viding for old age pensions and social and industrial justice. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
90 
 
 JOURNAL OF THE 
 
 [Feb. 26, 
 
 Mr. Michaelson introduced Proposal Xo. 288, a Proposal to pro¬ 
 hibit persons or corporations from entering into agreement to fix or 
 establish the purchasing price or selling price of food commodities. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Michaelson introduced Proposal No. 289, a Proposal to pro¬ 
 vide revenue by taxation. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Michaelson introduced Proposal No. 290, a Proposal to vest 
 all powers in townships lying wholly within any city of more than 5,000 
 population, in the city council of such city. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Dryer introduced Proposal No. 291, a Proposal to provide for 
 an act to compel legal voters to exercise their right of suffrage. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Ireland introduced Proposal No. 292, a Proposal with respect 
 to banks. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the Order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 159, a Proposal in relation to Home Rule and Con¬ 
 solidation for the City of Chicago and the county of Cook. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Chicago and Cook County. 
 
 Proposal No. 160, a Proposal to amend section 9 of Article IX of 
 the Constitution of 1870 with reference to the assessment and collection 
 of taxes by municipal corporations for corporate purposes. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal Xo. 161, a Proposal to amend section 10 of Article IX 
 of the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred nto the Committee on Revenue, Taxation and Finance. 
 
 Proposal Xo. 162, a Proposal to fix the taxing districts for road 
 purposes. 
 
 Was taken up, read at large a first time,,ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal Xo. 163, a Proposal to amend section 13 of Article IV of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal Xo. 164, a Proposal to compel citizens to exercise their 
 right of franchise. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Suffrage. 
 
 Proposal Xo. 165, a Proposal to repeal the Fourth Amendment, 
 adopted November 2, 1886, of the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Industrial Affairs and Labor. 
 
 Proposal Xo. 166, a Proposal to repeal Article XIII of the Con¬ 
 stitution of 1870. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 91 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 167, a Proposal to repeal section 15 of Article XI of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 168, a Proposal to repeal section 13 of Article XI of 
 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 169, a Proposal to repeal section 12 of Article XI of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 170, a Proposal to repeal section 11 of Article XI of 
 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 171, a Proposal to repeal section 10 of Article XI 
 of the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 172, a Proposal to repeal section 9 of Article XI of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 173, a Proposal to repeal section 5 (except the first 
 sentence thereof) of Article XI of the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 174, a Proposal to repeal section 3 of Article XI of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 175, a Proposal to repeal section 10 of Article X of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 176, a Proposal to repeal section 9 of Article X of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 177, a Proposal to repeal section 8 of Article X of 
 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 178, a Proposal.to repeal section 7 of Article X of 
 the Constitution of 1870. 
 
92 
 
 JOURNAL or TF1E [Feb. 26, 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Chicago and Cook County. 
 
 Proposal No. 179, a Proposal to repeal section 6 of Article X of 
 the Constitution of 1870. 
 
 Was taken np, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 180, a Proposal to repeal section 5 of Article X of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 181, a Proposal to repeal section 13 of Article IX of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Eevenue, Taxation and Finance. 
 
 Proposal No. 182, a Proposal to repeal section 5 of Article VIII of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Education. 
 
 Proposal No. 183, a Proposal to repeal section 33 of Article 4 of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 184, a Proposal to repeal section 32 of Article 4 of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 185, a Proposal to repeal section 29 of Article 4 of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Industrial Affairs and Labor. 
 
 Proposal No. 186, a Proposal to embody in the article of the new 
 Constitution in relation to taxation the following provision imposing 
 the duty on the owners of property to list the same for taxation and 
 providing remedies for a failure to do so. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 187, a Proposal to provide that the General Assembly 
 to fix the compensation of all county officers and that the county boards 
 fix the amount of clerk hire, stationery and other expenses. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 188, a Proposal to establish a judicial department. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 189, a Proposal to amend sections six (6), seven (7) 
 and eight (8) of Article IV of the Constitution relating to the appor¬ 
 tionment and number of Senators and Representatives in the General 
 Assembly. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 93 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 190, a Proposal to provide for the time of electing 
 
 all officers. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Suffrage. 
 
 Proposal No. 191, a Proposal to revise Article IX, Constitution of 
 
 1870. 
 
 Was taken up* read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Pinance. 
 
 Proposal No. 192, a Proposal to give cities and towns power to 
 own and operate water and light systems. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Municipal Government. 
 
 Proposal Xo. 193, a Proposal to limit the right of suffrage to be 
 a part of Article VII of the Constitution by appropriate section. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Suffrage. 
 
 Proposal Xo. 194, a Proposal to deny the right of pardon or parole 
 for certain crimes. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Executive Department. 
 
 Proposal Xo. 195, a Proposal to limit the right of holding office 
 to be a part of Article VII of the Constitution by appropriate section. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Miscellaneous Subjects. 
 
 Proposal Xo. 196, a Proposal to reclaim swamp and overflowed 
 lands. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Agriculture. 
 
 Proposal Xo. 197, a Proposal to create an industrial court with au¬ 
 thority to prevent strikes and adjust industrial controversies which 
 interfere with the continuation of a necesary public service, or which 
 deprive the public of a necessary commodity. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Industrial Affairs and Labor. 
 
 Proposal Xo. 198, a Proposal respecting suffrage. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Suffrage. 
 
 Proposal Xo. 199, a Proposal to provide for the performance of 
 the duties imposed by the Constitution. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal Xo. 200, a Proposal to prohibit the appropriating of any 
 public funds for sectarian purposes. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Education. 
 
 Proposal Xo. 201, a Proposal to exempt certain property from 
 taxation. 
 
94 
 
 JOURNAL OF THE [Feb. 26, 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Eevenue, Taxation and Finance. 
 
 Proposal No. 202, a Proposal for the manufacture, distribution, 
 transportation or sale of beverage. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 203, a Proposal to provide for the regulation of 
 strikes, lockouts and industrial differences. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Industrial Affairs and Labor. 
 
 Proposal No. 204, a Proposal with reference to suffrage. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Suffrage. 
 
 Proposal No. 205, a Proposal to require electors to be able to read 
 and write the English language. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Suffrage. 
 
 Proposal No. 206, a Proposal to regulate collective bargaining. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Industrial Affairs and Labor. 
 
 Proposal No. 207, a Proposal to add the following section to the 
 article in regard to the judicial department. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 208, a Proposal to amend certain sections of the 
 Bill of Eights and add sections thereto. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Eights. 
 
 Proposal No. 209, a Proposal to provide an article relative to ini¬ 
 tiative and referendum. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Initiative, Eeferendum and Eecall. 
 
 Proposal No. 210, a Proposal to prevent a minority from framing 
 a new organic law. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Future Amendment of the Constitution. 
 
 Proposal No. 211, a Proposal to provide for public employment 
 control and for the classification of certain positions in the public 
 service. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 212, a Proposal to provide for fees of clerks of courts 
 of record. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 95 
 
 Proposal No. 213, a Proposal to prevent the pollution of the rivers 
 
 and lakes of this State. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 214, a Proposal to create a commission of education. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Education. 
 
 Proposal No. 215, a Proposal to prescribe method of ratifying 
 amendments to the Federal Constitution. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Miscellaneous Subjects. 
 
 Proposal No. 216, a Proposal to protect the rights of employes and 
 to prohibit strikes in certain cases. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Industrial Affairs and Labor. 
 
 Proposal No. 217, a Proposal relative to the amendment of sec¬ 
 tions five (5), seven (7) and nine (9) of Article II of the Constitution. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Eights. 
 
 Proposal No. 218, a Proposal to provide for appeals in bailable 
 criminal cases. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 219, a Proposal to amend Constitution concerning 
 home rule for municipalities. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Municipal Government. 
 
 Proposal No. 220, a Proposal to amend and change the present 
 Article of the Constitution relative to the boundaries of the State. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Miscellaneous Subjects. 
 
 Mr. Jarman offered the following resolution, which was referred 
 to the Committee on Eules and Procedure: 
 
 Resolution No. 22. 
 
 Resolved, That after the first day of March, 1920, except as specially 
 otherwise ordered, the Convention meet at 10 o’clock a. m. on each day, ex¬ 
 cept Sunday and Monday. 
 
 At the hour of 11:55 o’clock a. m., Mr. Sutherland moved that 
 the Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
96 
 
 JOURNAL OF THE 
 
 [Feb. 27 , 
 
 FRIDAY, FEBRUARY 27 , 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Lester Leake Riley, of the Christ 
 Episcopal Church, of Springfield. 
 
 The Journal of Wednesday, February 25, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the fol¬ 
 lowing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure reports the following matters 
 for consideration in Committee of the Whole on Tuesday, March 2, 1920: 
 
 The consideration of the various Proposals concerning revenue, taxa¬ 
 tion and finance. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure reports the following matters 
 for consideration in Committee of the Whole on Wednesday, March 10, 1920: 
 
 The consideration of the various Proposals relating to or affecting edu¬ 
 cation, and particularly the revenue Proposals as affecting said subject. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The Convention proceeding on the order of Introduction of Pro¬ 
 posals. 
 
 Mr. Trautmann introduced Proposal Ko. 293, a* Proposal to pro¬ 
 vide for the apportionment of the State for representation in the 
 General Assembly. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Wall introduced Proposal Ko. 294, a Proposal to establish a 
 judicial system for the State of Illinois. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Tanner introduced Proposal "Ko. 295, a Proposal to authorize 
 the reclamation of swamp and overflowed lands by the State. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Corcoran introduced Proposal Ko. 296, a Proposal to con¬ 
 solidate the taxing bodies of Cook County. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 97 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Pincus introduced Proposal No. 297, a Proposal to amend 
 schedule of Constitution of 1870. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Pincus introduced Proposal No. 298, a Proposal to amend 
 Article 11, section 4. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Lohman introduced Proposal No. 299, a Proposal to extend 
 the right of suffrage to women. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Lohman, by request, introduced Proposal No. 300, a Proposal 
 to authorize the General Assembly to enact laws relative to health. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Sneed introduced Proposal No. 301, a Proposal that the 
 General Assembly shall provide a fund for the constructing, maintain¬ 
 ing, repairing and rebuilding an inter-county system of wagon, truck 
 and automobile roads. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Brenholt, by request, introduced Proposal No. 302, a Proposal 
 to exempt certain property from taxation in the State of Illinois. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Brenholt introduced Proposal No. 303, a Proposal to authorize 
 the creation of the office of county assessor. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Brenholt introduced Proposal No. 304, a Proposal to permit 
 the establishment of the office of public defender. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Green introduced Proposal No. 305, a Proposal to define ap¬ 
 propriation and budgetary procedure for the State. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Six introduced Proposal No. 306, a Proposal for exemption 
 of the property of incorporated societies of ex-service men. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Barr, by request, introduced Proposal No. 307, a Proposal to 
 permit the use of Bible selections in the public schools. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Smith introduced Proposal No. 308, a Proposal to omit sec¬ 
 tion 8 of Article 9 of the present Constitution. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Smith introduced Proposal No. 309, a Proposal to provide for 
 local road and bridge administration. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Smith introduced Proposal No. 310, a Proposal to provide a 
 system of county government. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Taff, by request, introduced Proposal No. 311, a Proposal to 
 retain section 1 of Article IX of the present Constitution with certain 
 words omitted therefrom and certain words added thereto. 
 
 —7 C J 
 
98 
 
 JOURNAL OF THE 
 
 [Feb. 27, 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Taff introduced Proposal No. 312, a Proposal to protect the 
 rights of minority stockholders. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Beckman introduced Proposal No. 313, a Proposal to provide 
 for the initiative and referendum. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Cutting introduced Proposal No. 314, a Proposal to regulate 
 the nomination of judicial and school candidates. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Wolff introduced Proposal No. 315, a Proposal to amend sec¬ 
 tion 2 of Article VII relative to voting. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Hamill introduced Proposal No. 316, a Proposal to create an 
 executive department. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Dove introduced Proposal No. 317, a Proposal to establish the 
 Appellate Court. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Dove introduced Proposal No. 318, a Proposal concerning the 
 referendum. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Ireland introduced Proposal No. 319, a Proposal to eliminate 
 the provisions of the present Constitution requiring acts of the General 
 Assembly authorizing or creating corporations or associations with 
 banking powers, to be submitted to a vote of the people. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Hull introduced Proposal No. 320, a Proposal to amend Article 
 V of the Constitution with reference to the Executive Department. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Michal introduced Proposal No. 321, a Proposal abolishing 
 the limitation of the amount recoverable in actions arising out of in¬ 
 juries to persons resulting in death. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Michal introduced Proposal No. 322, a Proposal limiting cer¬ 
 tain defenses in suits at law to be questions of fact to be determined 
 solely by a jury. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Dunlap introduced Proposal No. 323, a Proposal to provide for 
 the improvement of roads, highways and bridges in whole or in part by 
 special assessments. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Barr introduced Proposal No. 324, a Proposal to provide for a 
 system of courts. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
 Mr. Michal introduced Proposal No. 325, a Proposal relative to the 
 judiciary. 
 
 The Proposal was taken up, read by title, and advanced for reference. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 99 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 221, a Proposal to designate the time when laws shall 
 
 come into effect. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Legislative Department. 
 
 Proposal No. 222 , a Proposal to establish a judicial system for the 
 
 State of Illinois. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 223, a Proposal to separate the office of sheriff and 
 collector in counties not under township organization and to create the 
 office of countv collector of taxes. 
 
 i/ 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on County and Township Government. 
 
 Proposal No. 224, a Proposal to prohibit options in purchase and 
 sale of commodities and dealing in stocks by margins, or in lottery. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Miscellaneous Subjects. 
 
 Proposal No. 225, a Proposal to amend Article 2 of the Bill of 
 Rights, section 9. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Rights. 
 
 Proposal No. 226, a Proposal to amend Article 2 (The Bill of 
 Rights) section 5. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Rights. 
 
 Proposal No. 227, a Proposal to revise, alter and amend section 1, 
 Article IX, entitled “Revenue” of the Constitution of 1870, so as to 
 provide for the uniform taxation of all tangible property, the classifica¬ 
 tion of intangible property and for taxation of incomes. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 228, a Proposal to provide that laws shall take effect 
 thirty days after the adjournment of the General Assembly. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Legislative Department. 
 
 Proposal No. 229, a Proposal providing a Bill of Rights. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Rights. 
 
 Proposal No. 230, a Proposal providing for the initiative and 
 referendum. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Initiative, Referendum and Recall. 
 
 Proposal No. 231, a Proposal in relation to the free schools. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Proposal No. 232, a Proposal to insert a separate article to be 
 designated “Labor.” 
 
100 JOURNAL OF the [Feb. 27, 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Industrial Affairs and Labor. 
 
 Proposal No. 233, a Proposal to amend Article X of section VIII 
 in relation to election and term of office of county judge, county clerk, 
 sheriff and treasurer, and a county collector. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on County and Township Government. 
 
 Proposal No. 234, a Proposal to provide for the establishment of 
 military system in Illinois. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Military Affairs. 
 
 Proposal No. 235, a Proposal to amend sections 1 and 3, Article 8, 
 of the Constitution to read as follows. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Proposal No. 236, a Proposal for a budget system. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Legislative Department. 
 
 Proposal No. 237, a Proposal to amend sections 6, 7 and 8 of Article 
 4 of the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Legislative Department. 
 
 Proposal No. 238, a Proposal to amend sections 1 and 2 of Article 
 8 of the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Proposal No. 239, a Proposal to guarantee freedom of worship. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Eights. 
 
 Proposal No. 240, a Proposal to amend section 18 of Article II, 
 Bill of Eights. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Eights. 
 
 Proposal No. 241, a Proposal to provide for the exemption from 
 taxation of property heretofore or hereafter donated for school purposes. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Eevenue, Taxation and Finance. 
 
 Proposal No. 242, a Proposal to amend Article 14, section 1, of the 
 Constitution of 1870 so that it will read as follows. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Future Amendment of the Constitution. 
 
 Proposal No. 243, a Proposal for the creation of a death, disability 
 or retirement fund for public officers and employees. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Legislative Department. 
 
 Proposal No. 244, a Proposal to provide for raising revenue. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Eevenue, Taxation and Finance. 
 
 Proposal No. 245, a Proposal relating to corporations. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 101 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Corporations and Co-operative Associa¬ 
 tions. 
 
 Proposal No. 246, a Proposal in aid of zoning. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Municipal Government. 
 
 Proposal No. 247, a Proposal to provide for excess condemnation. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Rights. 
 
 Proposal No. 248, a Proposal to revise Article 9, section 12, re¬ 
 lating to the limitation of indebtedness of municipal corporations. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 249, a Proposal to revise Article 9, section 12, re¬ 
 lating to the limitation of indebtedness of municipal corporations. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 250, a Proposal to revise Article 9, section 9, relating 
 to the making of local improvements. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 251, a Proposal to authorize zoning legislation. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Municipal Government. 
 
 Proposal No. 252, a Proposal to authorize restrictions on property 
 needed for public use in the future. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Rights. 
 
 Proposal No. 253, a Proposal to confer authority and power to lay 
 out a city plan and to control the use and occupancy of land embraced 
 therein. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Municipal Government. 
 
 Proposal No. 254, a Proposal to provide for excess condemnation. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Rights. 
 
 Proposal No. 255, a Proposal to require a county superintendent 
 of schools in each county. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Proposal No. 256, a Proposal to permit the distribution to local 
 taxing bodies of payments received from the Illinois Central Railroad. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Corporations and Co-operative Associa¬ 
 tions. 
 
 Proposal No. 257, a Proposal to exempt parsonages from taxation. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
102 
 
 JOURNAL OF THE 
 
 [Feb. 27, 
 
 Proposal No. 258, a Proposal to define education. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Proposal No. 259, a Proposal to provide for a Commissioner of 
 Education for the State, in place of a Superintendent of Public Instruc¬ 
 tion. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Executive Department. 
 
 Proposal No. 260, a Proposal to amend section 4 of Article 9 of the 
 Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 261, a Proposal to amend section — of Article 9 of 
 the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 262, a Proposal relating to suffrage. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Suffrage. 
 
 Proposal No. 263, a Proposal to define the relationship between 
 State powers and the powers of municipalities in certain cases. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Municipal Government. 
 
 Proposal No. 264, a Proposal to provide for the improvement of 
 the lakes, rivers and streams of this State. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Public Works and Improvements. 
 
 Proposal No. 265, a Proposal to prevent encroachment upon the 
 lakes, rivers and streams of this State. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Public Works and Improvements. 
 
 Proposal No. 266, a Proposal to amend section No. 3 and 5 of 
 Article No. 9 of the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 267, a Proposal to provide for the development of 
 water power and for the creation of districts for the purpose of afford¬ 
 ing combined outlet drainage, water power, and the reclamation of lands 
 subject to overflow, within the State of Illinois. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Public Works and Improvements. 
 
 Proposal No. 268, a Proposal relating to municipal control and 
 regulation of public utilities. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Municipal Government. 
 
 Proposal No. 269, a Proposal to provide for the issuance of State 
 bonds for the construction and repair of a general system of hard roads 
 and for the completion of any waterway under construction. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 103 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Public Works and Improvements. 
 
 Proposal No. 270, a Proposal to provide for the exemption from 
 taxation of State bonds issued under existing authorization. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Eevenue, Taxation and Finance. 
 
 Proposal No. 271, a Proposal to provide for physical education and 
 recreation training. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Proposal No. 272, a Proposal to specify certain courts as part of 
 the judicial department. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 273, a Proposal to provide for a separate election of 
 judges of the Criminal Court of Cook County. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 274, a Proposal to provide for the appointment of 
 judges of the Appellate Court. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 275, a Proposal relative to the superintendents of 
 
 courts. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 276, a Proposal to vest in the General Assembly the 
 power to provide for appeals, writs of error and methods of review of 
 
 decisions. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 277, a Proposal to vest in the General Assembly 
 power to make rules of pleading practice and procedure for judicial 
 department. > 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 278, a Proposal to withdraw hearings before Masters 
 in Chancery and place the same in the Circuit Court or a branch 
 thereof. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 279, a Proposal to provide for authority of impeach¬ 
 ment and removal of judges, officers and employees of courts. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
 Proposal No. 280, a Proposal relative to the method of calling 
 future Constitutional Conventions and to the methods of amending the 
 Constitution. 
 
104 
 
 JOURNAL OF THE 
 
 [Feb. 27, 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Future Amendment of the Constitution. 
 
 Proposal No. 281, a Proposal to provide that words importing the 
 masculine gender shall include the feminine gender. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Phraseology and Style. 
 
 Proposal No. 282, a Proposal to provide for the removal of snow 
 and ice from sidewalks. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 283, a Proposal to amend section 10 of Article 5 of 
 the Constitution. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Executive Department. 
 
 Proposal No. 284, a ^Proposal to provide for the issuance of bonds 
 by the State or municipalities; to encourage the building of homes and 
 buying of lands by citizens of the State. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 285, a Proposal for public ownership of public 
 utilities. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Municipal Government. 
 
 Proposal No. 286, a Proposal to provide proper publicity of this 
 Constitution (or of amendments to the Constitution) by printing and 
 mailing the same to the post office address of each qualified voter in the 
 State of Illinois, at least ninety days before the election at which they 
 are to be voted upon. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Submission and Address, when appointed. 
 
 Proposal No. 287, a Proposal to empower the General Assembly 
 of the State of Illinois to enact laws providing for old age pensions and 
 social and industrial justice. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Legislative Department. 
 
 Proposal No. 288, a Proposal to prohibit persons or corporations 
 from entering into agreement to fix or establish the purchasing price 
 or selling price of food commodities. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 Proposal No. 289, a Proposal to provide revenue by taxation. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 290, a Proposal to vest all powers in townships lying 
 wholly within any city of more than 5,000 population, in the city coun¬ 
 cil of such city. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 105 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on County and Township Government. 
 
 Proposal No. 291, a Proposal to provide for an act to compel legal 
 voters to exercise their right of suffrage. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Suffrage. 
 
 Proposal No. 292, a Proposal with respect to banks. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Corporations and Co-operative Associa¬ 
 tions. 
 
 The following delegates were excused from attendance of the Con¬ 
 vention on account of sickness: Messrs. Mack, Michaelson and Dawes. 
 
 At the hour of 11:30 o’clock a. m., Mr. Shanahan moved that the 
 Convention do now adjourn until Tuesday, March 2, 1920, at 10:00 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
106 
 
 JOURNAL OF THE 
 
 [Mar. 2 . 
 
 TUESDAY, MARCH 2, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. E. H. Heicke, of the West Side 
 Christian Church, of Springfield. 
 
 The Journal of Thursday, February 26th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing was ordered to stand approved. 
 
 By unanimous consent Mr. Sutherland, by request, introduced Pro¬ 
 posal Ho. 326, a Proposal for an article on Revenue. 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 By unanimous consent Mr. Sutherland, by request, introduced Pro¬ 
 posal Ho. 327, a Proposal in relation to Revenue. 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 By unanimous consent Mr. Lohman introduced Proposal Ho. 328, a 
 Proposal providing for a mortgage registration tax. 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 By unanimous consent Mr. Wilson, by request, introduced Proposal 
 Ho. 329, a Proposal to authorize zoning legislation. 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 By unanimous consent Mr. Corcoran introduced Proposal Ho. 330, 
 a Proposal to provide for the consolidation of local governments having 
 jurisdiction wholly or partly within the County of Cook. 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 By unanimous consent Mr. McEwen introduced Proposal Ho. 331, a 
 Proposal to establish a Court of Domestic Relations, with exclusive and 
 original jurisdiction in certain cases, and as a branch of the circuit court 
 in counties having a population of over fifty thousand (50,000) inhabit¬ 
 ants. 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 By unanimous consent Mr. O’Brien introduced Proposal Ho. 332, a 
 Proposal to amend section X of the “Bill of Rights,” being Article II of 
 the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 Bv unanimous consent Mr. Michaelson introduced Proposal Ho. 
 333, a Proposal in relation to the right of dower. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 107 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 The Convention proceeding on the order of First Reading and Ref¬ 
 erence of Proposals. 
 
 Proposal No. 293, a Proposal to provide for the apportionment of 
 the State for representation in the General Assembly. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 294, a Proposal to establish a judicial system for the 
 State of Illinois. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 295, a Proposal to authorize the reclamation of swamp 
 and overflowed lands by the State. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Public Works and Improvements. 
 
 Proposal No. 296, a Proposal to consolidate the taxing bodies of 
 Cook county. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Chicago and Cook County. 
 
 Proposal No. 297, a Proposal to amend schedule of Constitution 
 of 1870. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Schedule. 
 
 Proposal No. 298, a Proposal to amend Article 11, section 4. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Municipal Government. 
 
 Proposal No. 299, a Proposal to extend the right of suffrage to 
 women. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Suffrage. 
 
 Proposal No. 300, a Proposal to authorize the General Assembly to 
 enact laws relative to health. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Miscellaneous Subjects. 
 
 Proposal No. 301', a Proposal that the General Assembly shall pro¬ 
 vide a fund for the construction, maintaining, repairing and rebuilding 
 an inter-county system of wagon, truck and automobile roads. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Public Works and Improvements. 
 
 Proposal No. 302, a Proposal to exempt certain property from taxa¬ 
 tion in the State of Illinois. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 303, a Proposal to authorize the creation of the office 
 
 of county assessor. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
108 journal of the [March 2, 
 
 Proposal No. 304, a Proposal to permit the establishment of the 
 office of public defender. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 305, a Proposal to define appropriation and bud¬ 
 getary procedure for the State. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 306, a Proposal for exemption of the property of in¬ 
 corporated societies of ex-service men. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Kevenue, Taxation and Finance. 
 
 Proposal No. 307, a Proposal to permit the use of Bible selections 
 in the public schools. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 Proposal No. 308, a Proposal to omit section 8 of Article 9 of the 
 present Constitution. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 309, a Proposal to provide for local road and bridge 
 administration. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 310, a Proposal to provide a system of county govern¬ 
 ment. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on County and Township Government. 
 
 Proposal No. 311, a Proposal to retain section 1 of Article IX of 
 the present Constitution with certain words omitted therefrom and cer¬ 
 tain words added thereto. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 312, a Proposal to protect the rights of minority 
 stockholders. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 313, a Proposal to provide for the initiative and 
 referendum. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred t the Committee on Initiative, Referendum and Recall. 
 
 Proposal No. 314, a Proposal to regulate the nomination of judi¬ 
 cial and school candidates. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Miscellaneous Subjects. 
 
 Proposal No. 315, a Proposal to amend section 2 of Article VII 
 relative to voting. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Miscellaneous Subjects. 
 
 Proposal No. 316, a Proposal to create an executive department. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 109 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Executive Department. 
 
 Proposal No. 317, a Proposal to establish the appellate court. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 318, a Proposal concerning the referendum. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Initiative, Referendum and Recall. 
 
 Proposal No. 319, a Proposal to eliminate the provisions of the 
 present Constitution requiring acts of the General Assembly authoriz¬ 
 ing or creating corporations or associations with banking powers, to be 
 submitted to a vote of the people. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Corporations and Co-operative Associations. 
 
 Proposal No. 320, a Proposal to amend Article V of the Constitu¬ 
 tion with reference to the executive department. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Executive Department. 
 
 Proposal No. 321, a Proposal abolishing the limitation of the 
 amount recoverable in actions arising out of injuries to persons result¬ 
 ing in death. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 322, a Proposal limiting certain defenses in suits at 
 law to be questions of fact to be determined solely by a jury. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 323, a Proposal to provide for the improvement of 
 roads, highways and bridges in whole or in part by special assessments. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal No. 324, a Proposal to amend Article VI, being the 
 Judicial Department. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Committee of the Whole. 
 
 In accordance with the Special Order entered on February 27th, 
 the President called Mr. Gale to the chair. 
 
 And at the hour of 10 :40 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of the various Proposals 
 concerning Revenue, Taxation and Finance. 
 
 At the hour of 6 :27 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Gale from the Committee of the Whole reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 The Report of the Committee was concurred in. 
 
110 journal of the [March 2, 
 
 And at the hour of 6 :30 o’clock p. m., Mr. Shanahan moved that 
 the Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 Ill 
 
 WEDNESDAY, MAECH 3, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. H. D. Helwig, of the First Christian 
 Church, of Beardstown. 
 
 The Journal of Friday, February 27, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up, 
 and no corrections appearing was ordered to stand approved. 
 
 By unanimous consent, Mr. Eosenberg introduced Proposal No. 334, 
 a Proposal exempting and excluding of and from all and any statutes 
 pertaining to child labor and compulsory education of children engaged 
 in theatrical or musical performances. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the order of First Eeading and 
 Eeference of Proposals. 
 
 Proposal No. 326, a Proposal for an article on revenue. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Eevenue, Taxation and Finance. 
 
 Proposal No. 327, a Proposal in relation to revenue. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Eevenue, Taxation and Finance. 
 
 Proposal No. 328, a Proposal providing for a mortgage registration 
 
 tax. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Eevenue, Taxation and Finance. 
 
 Proposal No. 329, a Proposal to authorize zoning legislation. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Municipal Government. 
 
 Proposal No. 330, a Proposal to provide for the consolidation of 
 local governments having jurisdiction wholly or partly within the county 
 of Cook. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Chicago and Cook County. 
 
 Proposal No. 331, a Proposal to establish a County of Domestic 
 Eolations, with exclusive and original jurisdiction in certain cases, and 
 as a branch of the Circuit Court in counties having a population of over 
 fifty thousand (50,000) inhabitants. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Judicial Department. 
 
112 journal of the [Mar. 3, 
 
 Proposal No. 332, a Proposal to amend section X of the “Bill of 
 Eights/’ being Article II of the Constitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Bill of Eights. 
 
 Proposal No. 333, a Proposal to provide for legislation to fix the 
 value of dower or homestead, where husband or wife refuses to join in 
 conveyance and to provide a remedy to relinquish such dower or home¬ 
 stead. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Miscellaneous Subjects. 
 
 The President announced, for the information of the delegates, that 
 all errors appearing in the advance sheets of the Convention Debates, 
 where correction is desired, should be reported to the Official Eeporter so 
 that corrections may be made before the final printing of the same. 
 
 Whereupon Mr. Hull suggested that only such changes should be 
 made as will conform with the facts and that no new or additional mat¬ 
 ter should be added. 
 
 Pending discussion, Mr. Cutting moved that a committee be ap¬ 
 pointed, by the President, to supervise the printing and correcting of the 
 Convention Debates. 
 
 Mr. Hamill moved as a substitute, for the motion of Mr. Cutting, 
 that all corrections or errors in the first printing of the Debates be sub¬ 
 mitted to the President before changes are made. 
 
 Pending consideration, Mr. Hamill withdrew his substitute motion 
 and moved that the motion of Mr. Cutting be referred to the Committee 
 on Eules and Procedure. 
 
 Mr. McEwen raised the point of order that the motion of Mr. 
 Cutting was out of order for the reason that the rules now provide, under 
 division 8, page 18, Eule 51, that the President shall have supervision of 
 the printing of the Debates of the Convention. 
 
 The President ruled that the point of order was at least premature 
 and that the motion of Mr. Hamill to refer the motion of Mr. Cutting 
 to the Committee on Eules and Procedure was in order. 
 
 And the question being on the motion to refer, it was decided in 
 the affirmative. 
 
 Upon request of Mr. Whitman, Mr. Clarke was excused from fur¬ 
 ther attendance at the Convention for the week on account of the death 
 of his mother. 
 
 At the hour of 10 :40 o’clock a. m., Mr. Green moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 113 
 
 THURSDAY, MARCH 4, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. H. D. Helwig, of the First Christian 
 Church, of Beardstown. 
 
 The Journal of Tuesday, March 2, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up, 
 and no corrections appearing, was ordered to stand approved. 
 
 By unanimous consent, Mr. Revell introduced Proposal Ho. 335, a 
 Proposal to prescribe a loyalty test for all candidates seeking nomina¬ 
 tion or election to the General Assembly, or to any office of profit or 
 trust in this State. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 By unanimous consent, Mr. Revell introduced Proposal No. 336, a 
 Proposal to provide for the election of Senators in counties which con¬ 
 tain more than one senatorial district. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 334, a Proposal exempting and excluding of and from 
 all and any statutes pertaining to child labor and compulsory education 
 of children engaged in theatrical or musical performances. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Upon request the following Delegates were excused from attend¬ 
 ance at the Convention for the remainder of this week: Messrs. Bald¬ 
 win, Corlett, Pincus, Dryer, Conkling, G. A. Dupuy, Cutting, Gee, 
 Pearce, Stahl, and E. H. Dupee. 
 
 Mr. Jarman asked unanimous consent to withdraw his Resolution 
 No. 22 introduced on Thursday, February 26, from the Committee on 
 Rules and Procedure. 
 
 Mr. Trautmann raised the point of order that the resolution had 
 been referred, by the Convention, to the committee and that, under the 
 rules, it could not be withdrawn from the committee except upon an 
 affirmative vote of a majority of the Convention. 
 
 The President ruled the point of order well taken. 
 
 Mr. Jarman thereupon moved that the Committee on Rules and 
 Procedure be discharged from further consideration of the resolution. 
 
 Mr. Green moved to lay that motion on the table. 
 
 And the question being on the motion to table, Mr. Jarman raised 
 the point of no quorum. 
 
 —8 C J 
 
114 
 
 JOURNAL OF THE 
 
 [Mar. 4, 
 
 Whereupon the President ordered a call of the Convention as 
 follows: 
 
 Those answering present are: Messrs. 
 
 Barr 
 
 Gale 
 
 Lindly 
 
 Paddock 
 
 Sutherland 
 
 Brenholt 
 
 Garrett 
 
 Lohman 
 
 Potts 
 
 Taff 
 
 Carl strom 
 
 Gilbert 
 
 McGuire 
 
 Quinn 
 
 Tanner 
 
 Coolley 
 
 Gorman 
 
 Meinert 
 
 Revell 
 
 Todd 
 
 Corcoran 
 
 Green 
 
 Michaelson 
 
 Rinaker 
 
 Traeger 
 
 Cruden 
 
 Hamill 
 
 Michal 
 
 Rosenberg 
 
 Trautmann 
 
 Davis 
 
 Iarussi 
 
 Mighell 
 
 Shanahan 
 
 Wall 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Shaw 
 
 Whitman 
 
 Dove 
 
 Jarman 
 
 Moore 
 
 Shuey 
 
 Wilson 
 
 Dunlap 
 
 Kerrick 
 
 Morris 
 
 Six 
 
 Woodward 
 
 Prole 
 
 Kunde 
 
 Nichols 
 
 Smith 
 
 Mr. President 
 
 Fyke 
 
 Latchford 
 
 O’Brien 
 
 Sneed 
 
 Present—! 
 
 The President announced that a quorum of the Convention was ” 
 present. 
 
 The question then recurring on the motion to table, it was decided 
 in the affirmative. 
 
 And the motion of Mr. Jarman was ordered to lie on the table. 
 
 At the hour of 10 :25 o’clock a. m., Mr. Green moved that the Con¬ 
 vention do now adjourn until Tuesday, March 9, 1920, at 10:00 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 115 
 
 TUESDAY, MARCH 9, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was ottered by the Rev. H. B. Lewis, of the First Methodist 
 Chnrch, of Kewanee. 
 
 The Journal of Wednesday, March 3rd, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the Order of First Reading and 
 Reference of Proposals. 
 
 Proposal Ho. 335, a Proposal to prescribe a loyalty test for all can¬ 
 didates seeking nomination or election to the General Assembly, or to 
 any office of profit or trust in this State. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal Ho. 336, a Proposal to provide for the election of Senators 
 in counties which contain more than one Senatorial district. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Mr. Goodyear offered the following resolution and moved its adop¬ 
 tion: 
 
 Resolution No. 24. 
 
 Whereas, On yesterday afternoon, Almighty God out of his infinite prov¬ 
 idence called from his earthly labors to the better life our fellow-worker and 
 member, the Hon. Edward C. Curtis, a Delegate to this Constitutional Con¬ 
 vention from the Twentieth Senatorial district and a resident of Grant Park, 
 in the county of Kankakee, and, 
 
 Whereas, We recall that more than fourteen years ago, Senator Curtis 
 introduced in the legislature a resolution to call a Constitutional Convention 
 which he believed would result in giving to the people of the State of Illi¬ 
 nois, wider liberties and a better government, and ever afterward used his 
 efforts and experience to procure the adoption of a resolution providing for 
 such Convention; and due to his efforts more than to the efforts of any 
 other individual this Convention was called, organized and is now assem¬ 
 bled, and, 
 
 Whereas, We realize that by his death we have lost one whose rare 
 ability, broad judgment and high purposes were conceded by all who knew 
 him, one who wise counsels we have sought, and one whose life his con¬ 
 stituents honored by calling him to positions of high responsibility and 
 trust; and, 
 
 Whereas, In his private life, Senator Curtis was a man among men, 
 clear and pure in thought, in word and in deed, always upholding all that 
 was good, beautiful and true; that as a member of the General Assembly 
 of Illinois for more than a quarter of a century, he leaves behind him a 
 record of accomplishment that no other legislator of his time has excelled, 
 fearless in the discharge of his duty, courageous in the advocacy of public 
 measures, indefatigable and tactful in his labors, he has left an indelible 
 impress upon the legislation and administration of this State, his name 
 
116 
 
 JOURNAL OF THE 
 
 [Mar. 9, 
 
 being identified with all of the constructive measures enacted in this State 
 during the last quarter of a century. Public clamor and unjust and unfair 
 criticism never swerved him from the assertion and promotion of measures 
 which he deemed to be fair, just and true. Amiable in disposition, lovable 
 in character, steadfast in friendship, he endeared himself to his friends 
 both in public and private life. Therefore, be it 
 
 Resolved, That this Convention express its deep regret at the loss of 
 one of its most useful and honored members, and at the loss to the people 
 of the State of Illinois and to his community of one of its best citizens and 
 ablest statesmen, and that it extends its heartfelt sympathy to the members 
 of the bereaved family; and, be it further 
 
 Resolved, That a committee of fifteen members be appointed by the 
 President to represent the Convention at the funeral; that this preamble 
 and resolution be entered on the Journal of the Convention; that a suitably 
 engrossed copy thereof be forwarded to the family, and as a further mark 
 of respect to his memory that the Convention do now adjourn. 
 
 In seconding the adoption of the resolution appropriate remarks 
 were made by Messrs. Shanahan, Hull, Traeger, Wall, Barr, Gale and 
 Coolley. 
 
 The resolution was unanimously adopted by a rising vote; and, in 
 accordance therewith, at the hour of 11:35 o’clock a. m., the Convention 
 stood adjourned. 
 
 In accordance with the foregoing resolution the President ap¬ 
 pointed the following Delegates as members of the committee to attend 
 the funeral; Messrs. Goodyear, Mighell, Coolley, Dunlap, Green, Barr, 
 Hull, Lindly, Corlett, Gale, Shanahan, L. C. Johnson, Tanner, Miller 
 and Wall. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 117 
 
 WEDNESDAY, MARCH 10, 1920, 10:00 0’CLOCIv A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. H. B. Lewis, of the First Methodist 
 Church, of Kewanee. 
 
 The Journal of Thursday, March 4th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing was ordered to stand approved. 
 
 By unanimous consent, Mr. Re veil introduced Proposal No. 337, a 
 Proposal to amend Article VIII of the Constitution of 1870. 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 By unanimous consent, Mr. Mack, by request, introduced Proposal 
 No. 338, a Proposal to amend section 1 of Article IX, Revenue. 
 
 The Proposal was taken up, read by title and advanced for refer¬ 
 ence. 
 
 The Convention proceeding on the Order of Reports of Standing 
 Committees. 
 
 Mr. Beckman, from the Committee on Military Affairs, submitted 
 the following report: 
 
 Your Committee on Military Affairs to which was referred Proposals 
 numbered 14, 112, 234, and Article 12 of the Constitution of 1870. 
 
 Reports the same back with a substitute therefore, being Proposal 
 No. 339, a Proposal to provide for the militia. 
 
 And recommends that the original Proposals, above enumerated, 
 be rejected, and that the substitute Proposal No. 339 be placed on the 
 General Orders. 
 
 William H. Beckman, James Nichols, 
 
 Abel Davis, Charles B. T. Moore, 
 
 E. B. Coolley, 
 Wm. H. Cruden, 
 
 William T. Hollenbeck, 
 J. Mack Tanner, 
 
 Committee. 
 
 The report of the Committee was ordered printed, and to lie on the 
 
 table. 
 
 To the Honorable, the Delegates of the Constitutional Convention: 
 
 Your Committee, to whom was referred Article Twelve (12) of the Con¬ 
 stitution of 1870, have given careful study to each and every provision thereof 
 and after much discussion and with the help and advise of those who have 
 been in military authority in State affairs for the last decade, we have con¬ 
 cluded that the first five sections of said article are understood, applicable 
 and easily workable. 
 
 Section Six (6) seems to have outlived its original purpose and outworn 
 its usefulness. At the time that section was adopted, there was probably 
 some potent reason for it. The experience of mankind through the world- 
 war has demonstrated the fact that there are men who sincerely have con¬ 
 scientious scruples against bearing arms, hence we have submitted a sub- 
 
118 
 
 JOUENAL OP THE 
 
 [Mar. 10, 
 
 stitute providing that such man may serve in any capacity declared by the 
 Commander-in-Chief to be non-combatant. The substitute provision submit¬ 
 ted requires of each man a contribution of personal service and eliminates 
 his possibility of employing anyone else to serve for him. 
 
 Respectfully submitted, 
 
 William: H. Beckman, 
 
 - Chairman Committee on Military Affairs. 
 
 Committee of the Whole. 
 
 In accordance with, the Special Order entered on February 27th, 
 the President called Mr. Brandon to the chair. 
 
 And at the hour of 10 :15 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of the various Proposals 
 relating to or affecting education, and particularly the revenue Proposals 
 as affecting said subject. 
 
 At the hour of 11:57 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Brandon from the Committee of the Whole reported that the 
 Committee had made progress and asked leave to sit again. 
 
 The Report of the Committee was concurred in. 
 
 And at the hour of 11:59 o’clock p. m., Mr. Brenholt moved that 
 the Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 119 
 
 THURSDAY, MARCH 11, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. H. B. Lewis, of the First Methodist 
 Church, of Kewanee. 
 
 The Journal of Tuesday, March 9, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up, 
 and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 337, a Proposal to amend Article VIII of the Con¬ 
 stitution of 1870. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Education. 
 
 Proposal No. 338, a Proposal to amend section I of Article IX— 
 revenue. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 The President, as chairman, laid before the Convention the fol¬ 
 lowing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 The Committee on Military Affairs having presented its report, with a 
 Proposal on the subject matter considered by said committee, being Proposal 
 No. 339, and said report having been ordered to lie on the table and be 
 printed; 
 
 Your Committee on Rules and Procedure recommends that said report 
 be now taken from the table and the recommendations of the committee con¬ 
 curred in. 
 
 The question being on the adoption of the report of the Committee 
 on Rules and Procedure, it was decided in the affirmative. 
 
 And Proposal No. 339, was placed on the general orders. 
 
 Mr. Gorman submitted the following report and moved its adop¬ 
 tion : 
 
 According to Resolution No. 7, adopted by the Convention on Wednes¬ 
 day, January 14, 1920, the President of the Convention appointed a com¬ 
 mittee to attend the funeral of our late co-delegate, Michael F. Sullivan, of 
 the Second Senatorial District, the members of which were the following: 
 
 Messrs. Gorman, Chairman; O’Brien, Rosenberg, Michaelson, Corcoran, 
 Potts, Kunde, Pincus, Iarussi, Beckman, Traeger, Latchford, Davis, Wolff, 
 Charles Woodward, Frole, McEwen, Michal, Sutherland and Dupee. 
 
 Your committee desires to report that it attended the funeral of our 
 said late co-delegate, Michael F. Sullivan, in the city of Chicago, on the 15th 
 day of January, 1920, and that Delegate Potts of the committee accompanied 
 the funeral cortege to Logansport, Indiana, and that the following expenses 
 were incurred by your committee, as evidenced by statements hereto at¬ 
 tached: 
 
120 
 
 JOURNAL OF THE 
 
 [Mar. 11, 
 
 Schiller, the florist, for basket of roses.$50.00 
 
 O’Hara and Kehoe, for two automobiles at funeral. 25.00 
 
 Expenses of Delegate Potts to Logansport, Indiana, and return, rail¬ 
 road fare, meals, etc. 10.00 
 
 Total .$85.00 
 
 Pursuant to the following report, I have submitted bills as above out¬ 
 lined to your Committee on Expenditures and Supplies for payment. 
 Respectfully submitted, 
 
 John J. Gorman, Chairman . 
 
 Pending the adoption of the report of the committee, the President 
 made the following statement: 
 
 “The committee has reported that certain expenses were incurred in 
 attending the funeral of Delegate Sullivan. The Convention heretofore, 
 pursuant to the rules made an appropriation, as the Chair understands 
 it, by a roll call vote to pay expenses such as were incurred by this com¬ 
 mittee. The Chair does not understand under the rules therefore that 
 a roll call vote will be necessary for the report submitted by Delegate 
 Gorman.” 
 
 And the question being on the adoption of the report of the com¬ 
 mittee, it was decided in the affirmative by a unanimous vote. 
 
 At the hour of 10 :35 o’clock a. m., Mr. Green moved that the Con¬ 
 vention do now' adjourn until Tuesday, March 16, 1920, at 10:00 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 121 
 
 TUESDAY, MARCH 16, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Edward E. Hastings, of the Central 
 Presbyterian Church, of Joliet. 
 
 The Journal of Wednesday, March 10, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 By unanimous consent, Mr. Traeger, by request, introduced Pro¬ 
 posal No. 340, a Proposal relative to the election and appointment of 
 public officers. 
 
 The Proposal was taken up, read by title and advanced for reference, 
 unanimous consent, Mr. Frole introduced Proposal No. 341, a 
 Proposal to omit certain words from the preamble of the present Con¬ 
 stitution. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 Mr. Iarussi offered the following resolution which, on motion of 
 Mr. Gorman, was referred to the Committee on Education: 
 
 Resolution No. 24. 
 
 Whereas, Many good citizens of the State of Illinois are descendants of 
 persons born in Italy, and 
 
 Whereas, The Italian language has been the medium of expression in 
 literature and music for centuries, and 
 
 Whereas, As a cultural agent the Italian tongue is comparable with any 
 of the languages of modern Europe; therefore, be it 
 
 Resolved , That it is the sense of this Convention that the State Super¬ 
 intendent of Public Instruction should be advised and through him the edu¬ 
 cational system of the State should be advised that instruction in the Italian 
 language should be offered in the better high schools of the State, particu¬ 
 larly in those within whose jurisdiction there live a considerable number of 
 persons of Italian extraction. 
 
 On account of the death of Mr. Curtis, the President appointed Mr. 
 Shanahan, chairman, and Mr. Barr a member of the Committee on 
 Legislative Department and Mr. Paddock a member of the Committee 
 on Rules and Procedure. 
 
 At the hour of 10 :20 o’clock a. m., Mr. Gale moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
122 
 
 JOURNAL OF THE 
 
 [Mar. 17, 
 
 WEDNESDAY, MARCH 17, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Edward E. Hastings, of the Central 
 Presbyterian Church, of Joliet. 
 
 The Journal of Thursday, March 11th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure to which was referred the fol¬ 
 lowing resolution, t.o-wit: 
 
 Resolution No. 22. 
 
 Resolved , That after the first day of March, 1920, except as specially oth¬ 
 erwise ordered, the Convention meet at 10:00 o’clock a. m., on each day, ex¬ 
 cept Sunday and Monday. 
 
 Reported the same back with the recommendation that it be not 
 adopted. 
 
 The question being on the adoption of the report of the Committee 
 on Rules and Procedure, it was decided in the affirmative. 
 
 And Resolution No. 22 was rejected. 
 
 The Convention proceeding on the Order of Reports of Standing 
 Committee. 
 
 Mr. Brandon, from the Committee on Education, submitted the fol¬ 
 lowing report: 
 
 To the President and Delegates of the Constitutional Convention: 
 
 Your Committee on Education, to which was referred Proposal No. 84, 
 being a Proposal to provide for the non-sectarian reading of the Bible in the 
 public schools, begs leave to report, that it has considered this Proposal. 
 
 And your committee recommend that in as much as other proposals on 
 the same subject matter have been referred to the Committee on Bill of 
 Rights, and in as much as it appears to your committee that the subject mat¬ 
 ter properly belongs in the field of activity of that committee. 
 
 Your committee respectfully recommend that Proposal No. 84 be re¬ 
 referred to the Committee on Bill of Rights for final consideration and ulti¬ 
 mate report. 
 
 (Signed) Edward J. Corcoran, Rodney H. Brandon, 
 
 Michael Rosenberg, 
 Michael Iarussi, 
 Archibald J. Carey, 
 William S. Gray, 
 
 W. H. Beckman, 
 George A. Barr, 
 H. M. Dunlap. 
 
 Committee. 
 
1920.] CONSTITUTIONAL CONVENTION 123 
 
 The question being on the adoption of the Report of the Committee 
 on Education, it was decided in the affirmative. 
 
 And Proposal No. 84 was re-referred to the Committee on Bill of 
 
 Rights. 
 
 By unanimous consent, Mr. Michaelson introduced Proposal No. 
 342, a Proposal to prohibit public officials drawing more than one salary 
 at the same time from public funds. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 By unanimous consent, Mr. Dunlap introduced Proposal No. 343, 
 a Proposal to provide for the levy and collection of taxes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 By unanimous consent, Mr. Michal introduced Proposal No. 344, 
 a Proposal providing for the validation and collection of taxes. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 By unanimous consent, Mr. Michal introduced Proposal No. 345, 
 a Proposal providing for the employment of convict labor. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 By unanimous consent, Mr. Jarman introduced Proposal No. 346, 
 a Proposal to amend the Constitution concerning home rule for munici¬ 
 palities. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the Order of First Reading and Ref¬ 
 erence of Proposals. 
 
 Proposal No. 340, a Proposal relative to the election and appoint¬ 
 ment of public officers. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Suffrage. 
 
 Proposal No. 341, a Proposal to omit certain words from the Pre¬ 
 amble of the present Constitution. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Beckman to the chair. 
 
 And at the hour of 10 :55 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of Proposal No. 339. 
 
 At the hour of 12 :07 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Beckman, from the Committee of the Whole, having had 
 under consideration Proposal No. 339, reported that the committee had 
 made progress but asked that section 4, together with Amendment No. 
 1, offered by Mr. Davis to said Proposal, be re-committed to the Com¬ 
 mittee on Military Affairs and that the Committee of the Whole be 
 granted leave to sit again. 
 
 The report of the committee was concurred in. 
 
124 JOURNAL OF THE [Mar. 17, 
 
 And at the hour of 12:10 o’clock p. m., Mr. Green moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 125 
 
 THURSDAY, MARCH 18, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Edward E. Hastings, of the Central 
 Presbyterian Church, of Joliet. 
 
 The Journal of Tuesday, March 16, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal Ho. 342, a Proposal to prohibit public officials from draw¬ 
 ing more than one salary at the same time from public funds. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Miscellaneous Subjects. 
 
 Proposal Ho. 343, a Proposal to provide for the levy and collection 
 of taxes. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal Ho. 344, a Proposal providing for the validation and col¬ 
 lection of taxes. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Revenue, Taxation and Finance. 
 
 Proposal Ho. 345, a Proposal providing for the employment of 
 
 convict labor. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Industrial Affairs and Labor. 
 
 Proposal Ho. 346, a Proposal to amend the Constitution concerning 
 home rule for municipalities. 
 
 Was taken up, read at large a first time, ordered printed and 
 referred to the Committee on Municipal Government. 
 
 At the hour of 10 :35 o’clock a. m., Mr. Beckman moved that the 
 Convention do now adjourn until Tuesday, March 23, 1920. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
126 
 
 JOURNAL OF THE 
 
 [Mar. 23, 
 
 TUESDAY, MARCH 23, 1920, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Eather L. C. Tholen, of the St. 
 Peter and Paul Church, of Hauvoo. 
 
 The Journal of Wednesday, March 17th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure reports the following matters 
 for consideration in Committee of the Whole today, March 23rd, upon reach¬ 
 ing the general orders, namely: 
 
 The consideration of the various proposals relating to or affecting the 
 organization of the Judicial Department. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 It having come to the knowledge of your Committee on Rules and Pro¬ 
 cedure that the Hon. William Jennings Bryan of Nebraska will he in the 
 City of Springfield tomorrow, March 24, 1920, therefore this committee re¬ 
 ports the following resolution, and recommends its adoption: 
 
 Resolution No. 25. 
 
 Resolved, That the President of this Convention be, and he is hereby 
 requested to extend an invitation from this body to the Hon. William Jen¬ 
 nings Bryan to appear before and address this Convention at 10:15 o’clock 
 a. m., tomorrow, Wednesday, March 24, 1920. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure has been requested by the 
 chairman of the Committee on Agriculture and the chairman of the Com¬ 
 mittee on Industrial Affairs and Labor to invite the Hon. Henry J. Allen, 
 Governor of the State of Kansas, who will be in Springfield on Friday, March 
 26th, to address the Committee of the Whole of this Convention on that date 
 on the subjects of “Land Tenantry and Industrial Courts.” Therefore, be it 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 127 
 
 Resolution No. 26. 
 
 Resolved, That the President of this Convention be, and he is hereby 
 requested to extend an invitation to Governor Allen, to address the Commit¬ 
 tee of the Whole of this Convention on March 26, 1920, on the subjects of 
 ■“Land Tenantry and Industrial Courts.” 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 Committee of the Whole. 
 
 In accordance with the Special Order heretofore entered, the Presi¬ 
 dent called Mr. DeYoung to the chair. 
 
 At the hour of 10:15 o’clock a. m., the Convention went into Com¬ 
 mittee of the Whole for the consideration of the various proposals re¬ 
 lating to or affecting the organization of the Judicial Department. 
 
 At the hour of 6 :15 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. DeYoung from the Committee of the Whole reported that the 
 committee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 6 :17 o’clock p. m., Mr. Miller moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
128 
 
 JOURNAL OF THE 
 
 [Mar. 24, 
 
 WEDNESDAY, MARCH 24, 1920, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Father L. C. Tholen, of the St. 
 Peter and Paul Church, of Nauvoo. 
 
 The Journal of Thursday, March 18, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure reports the following matters 
 for consideration in the Committee of the Whole on Thursday, April 1, 1920. 
 
 The consideration of the various proposals before the Committee on 
 Municipal Government. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure to which was referred the mo¬ 
 tion of the delegate from Cook, Mr. Cutting, that a committee be appointed 
 by the President to supervise the printing and correcting of the Convention 
 debates, having duly considered said motion, recommends that a committee 
 of three to supervise the printing and correcting of the Convention debates 
 be appointed by the President, to aid and assist in that work. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President thereupon appointed as the committee provided for 
 in the above report, Messrs. Clarke, Dryer and Brandon. 
 
 The hour of 10:15 o’clock a. m., having arrived, the President, in 
 accordance with the resolution adopted on } r esterclay, introduced the 
 Hon. William Jennings Bryan, who addressed the Convention on the 
 fundamentals of Constitution making. 
 
 At the hour of 12 :05 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 129 
 
 THURSDAY, MARCH 25, 1920, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Father L. C. Tholen, of the St. 
 Peter and Paul Church, of Nauvoo. 
 
 The Journal of Tuesday, March 23, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the order of Reports of Standing 
 Committees. 
 
 Mr. Fyke submitted the following report: 
 
 To the Honorable, Charles E. Woodward, President, Constitutional Conven¬ 
 tion: 
 
 The Committee on Corporations and Co-operative Associations respect¬ 
 fully returns to the Convention, Proposal No. 157, with the request that it 
 be re-referred to the Committee on Distinction Between Legislative and 
 Constitutional Subjects. 
 
 Edgab E. Fyke, Chairman. 
 
 The question being on the adoption of the report of the committee, 
 it was decided in the affirmative. 
 
 And Proposal No. 157, was re-referred to the Committee on Dis¬ 
 tinction Between Legislative and Constitutional Subjects. • 
 
 At the hour of 10:15 o'clock a. m., Mr. Revell moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
 —9 C J 
 
130 
 
 JOURNAL OF THE 
 
 [Mar. 26, 
 
 FRIDAY, MARCH 26, 1920, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Father L. C. Tholen, of the St. 
 Peter and Paul Church, of Kauvoo. 
 
 The Journal of Wednesday, March 24, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 At the hour of 10 :10 o’clock a. m., Mr. Green moved that the Con¬ 
 vention do now take a recess until 2 :30 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:30 o'Clock P. M. 
 
 The hour of 2:30 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 In accordance with the resolution adopted on March 23, the Presi¬ 
 dent called Mr. Dunlap to the chair. 
 
 And at the hour of 2 :40 o’clock p. m., the Convention went into 
 Committee of the Whole. 
 
 Whereupon Mr. Dunlap introduced Hon. Henry J. Allen, Governor 
 of Kansas, who addressed the Committee of the Whole on the subjects 
 of land tenantry and industrial courts. 
 
 At the hour of 4:20 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Dunlap, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 And at the hour of 4:25 o’clock p. m., Mr. Hamill moved that the 
 Convention do now adjourn until Tuesday, March 30, 1920, at 10:00 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 131 
 
 TUESDAY, MARCH 30, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. 0. W. Chessman, of the First Bap¬ 
 tist Church, of Ottawa. 
 
 The Journal of Thursday, March 25th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure reports the following special 
 order of business under general orders for tomorrow, Wednesday, March 
 31st: * 
 
 Consideration in the Committee of the Whole of the various proposals 
 pending before the Committee on Initiative, Referendum and Recall. 
 
 Also as special order of business under general orders on Wednesday, 
 April 7th: 
 
 The consideration of Proposal No. 232. 
 
 The question being on the adoption of the report from the Commit¬ 
 tee on Rules and Procedure. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure suggests that under the general 
 orders of this day, the delegates composing this Convention be and they 
 are hereby requested to discuss in Committee of the Whole the general sub¬ 
 ject of the plan and policy to be followed in the preparation and draft of the 
 revised Constitution, and the fundamental ideas which should control and 
 limit the activities of this Convention. 
 
 The question being on the adoption of the report from the Commit- 
 mittee on Rules and Procedure. 
 
 It was decided in the affirmative. 
 
 By unanimous consent, Mr. Elting introduced Proposal No. 347, a 
 Proposal to amend Article 2 by adding the following section to the Bill 
 of Rights. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 By unanimous consent, Mr. Elting introduced Proposal No. 348, a 
 Proposal to amend section 3 of Article II of the Bill of Rights. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
132 
 
 JOURNAL OF THE 
 
 [Mar. 30, 
 
 By unanimous consent, Mr. Elting introduced Proposal No. 349, a 
 Proposal to amend section 3 of Article VIII, entitled Education. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 General Orders. 
 
 The Convention proceeding on the general orders, the President 
 called Mr. Barr to the chair. 
 
 And at the hour of 10 :15 o’clock a. m., the Convention went into 
 Committee of the Whole for the general discussion of the plan and pol¬ 
 icy to be followed in the preparation and draft of the revised Constitu¬ 
 tion and the fundamental ideas which should control and limit the 
 activities of this Convention. 
 
 At the hour of 6 :06 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Barr from the Committee of the WTiole reported that the com¬ 
 mittee has made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 6 :07 o’clock p. m., Mr. Trautmann moved that 
 the Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 133 
 
 WEDNESDAY, MARCH 31, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. 0. W. Chessman, of the First Bap¬ 
 tist church, of Ottawa. 
 
 The Journal of Friday, March 26th, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the order of Reports of Standing 
 Committees. 
 
 Mr. Clarke submitted the following report: 
 
 Report of Committee. 
 
 Your committee to edit the proceedings of the Convention begs leave to 
 submit the following report: 
 
 The committee recommends that a period of ten days be allowed the 
 delegates for delivery to the chairman of this committee, of corrected copy 
 of the printed proceedings as laid upon the desks, and recommends that, 
 in the event no corrections are suggested by members within that length 
 of time, it shall be the duty of the committee to complete the proof reading 
 under its own supervision. 
 
 And your committee further recommends that the policy of the con¬ 
 vention be to permit corrections in language only to an extent which will 
 not change the substance of the statement as made on the floor. 
 
 Respectfully submitted, 
 
 (Signed) Elam L. Clarke, 
 
 Rodney H. Brandon, 
 
 John L. Dryer. 
 
 Committee. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 By unanimous consent, Mr. Trautmann introduced Proposal No. 
 350, a Proposal to provide for the apportionment of the State for repre¬ 
 sentation in the General Assembly. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and Ref¬ 
 erence of Proposals. 
 
 Proposal No. 347, a Proposal to amend Article 2 by adding the fol¬ 
 lowing section to the Bill of Rights. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 Proposal No. 348, a Proposal to amend section 3 of Article II of 
 the Bill of Rights. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
134 journal of the [Mar. 31, 
 
 Proposal No. 349, a Proposal to amend section 3 of Article VIII, 
 entitled Education. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Bill of Rights. 
 
 Committee of the Whole. 
 
 In accordance with the special order entered on Tuesday, March 
 30th, the President called Mr. Dove to the chair. 
 
 And at the hour of 10 :15 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of the various proposals 
 pending before the Committee on Initiative, Referendum and Recall. 
 
 At the hour of 10 :56 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Dove from the Committee of the Whole reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 By unanimous consent, Mr. Beckman from the Committee on Mili¬ 
 tary Affairs submitted the following report: 
 
 Your Committee on Military Affairs to which was re-committed See- 
 tio<n\ No. 4 together with Amendment No. 1 of Proposal No. 339, reports as 
 follows:: Amendment No. 1 by unanimous vote was laid upon the table. 
 Section No. 4 of said Proposal No. 339 by unanimous vote is reported back 
 to the Convention with the recommendation that it be adopted. 
 
 The Committee voted unanimously to lay on the table Amendment No. 1 
 on the strength of the opinion rendered to the Committee by the Attorney 
 General of Illinois, the effect of which is, that under Section 8, Article 2 
 of the Constitution of 1870 “A member of the Militia when in active service 
 in time of war or public danger is exempt from arrest by Civil Authority”. 
 
 With this construction as a basis, the Committee recommends the re¬ 
 tention of Section 4, Article 12 of the Constitution of 1870 on the theory as 
 explained by the opinion of the Attorney General, which is attached to our 
 report—that said Section 4 supplements the effect of Section 8 of Article 2 
 giving the Members of the Militia further protection in going to and coming 
 from muster except in cases of treason, felony or breach of the peace. 
 
 The committee voted to retain the word “muster,” relying on the same 
 opinion of the Attorney General in which the word “muster” is defined. Said 
 definition of the Attorney General was adopted by the committee as its 
 opinion. 
 
 (Signed) W. H. Beckmax, 
 
 Abel Davis, 
 
 James Nichols, 
 
 E. B. Coolley, 
 
 Wm. H. Cruden, 
 
 C. B. T. Moore, 
 
 J. Mack Taxxer. 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 By unanimous consent, Mr. Cruden from the Committee on Suffrage 
 submitted the following report: 
 
 Your Committee on Suffrage and Elections, to which was referred Pro¬ 
 posals numbered 9, 20, 28, 34, 53, 88, 164, 190, 193, 198, 204, 205, 262, 291, 299, 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION 
 
 135 
 
 and 340, reports the same back with a substitute therefor, being Proposal 
 No. 351, a proposal in relation to Suffrage and Elections, and recommends 
 that the original proposals, above enumerated, be rejected, and that the 
 substitute Proposal No. 351, be placed on the general orders. 
 
 (Signed) Wm. H. Cruden, 
 
 John E. Traeger, 
 
 S. W. McGuire, 
 
 Rollo Six, 
 
 Geo. F. Lohman, 
 Andrew H. Mills, 
 
 Well Stewart, 
 
 Thomas F. Frole, 
 Committee . 
 
 The report of the committee was ordered printed, and to lie on the 
 table. 
 
 At the honr of 11:05 o’clock p. m., Mr. Brenholt moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
136 
 
 JOURNAL OF THE 
 
 [Apr. 1, 
 
 THURSDAY, APRIL 1, 1920, 10:00 O’CLOCE! A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. G-. W. Chessman, of the First Bap¬ 
 tist Church, of Ottawa. 
 
 The Journal of Tuesday, March 30, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing was ordered to stand approved. 
 
 By unanimous consent, Mr. Michal introduced Proposal No. 352, a 
 Proposal relative to powers, rights and duties of legislative committees. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 By unanimous consent, Mr. Carlstrom introduced Proposal No. 
 353, a Proposal to provide a new article in the Constitution respecting 
 cities and villages. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 350, a Proposal to provide for the apportionment of 
 the State for representation in the General Assembly. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 'Mr. Mack, by request, presented a petition from members of the 
 Elvaston community in relation to the reading of the Bible in the public 
 schools, which was referred to the Committee on Bill of Rights. 
 
 Mr. Hamill moved that when the Convention adjourns today it 
 stand adjourned until Wednesday, April 7, 1920. 
 
 Mr. Mills moved as a substitute that when the Convention adjourns 
 today it stand adjourned until tomorrow. 
 
 And the question being on the substitute motion, it was decided in 
 the negative. 
 
 The question recurring on the motion of Mr. Hamill, it was decided 
 in the affirmative. 
 
 Committee of the Whole. 
 
 In accordance with the special order entered on Wednesday, March 
 24, the President called Mr. Garrett to the chair. 
 
 And at the hour of 10:30 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of various Proposals 
 pending before the Committee on Municipal Government. 
 
 At the hour of 10:40 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 137 
 
 Mr. Garrett, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 At the hour of 10 :42 o’clock p. m., Mr. Garrett moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And in accordance with the motion heretofore adopted the Conven¬ 
 tion stood adojurned until Wednesday, April 7, 1920, at 10:00 
 
 o’clock a. m. 
 
138 
 
 JOURNAL OF THE 
 
 [Apr. 7, 
 
 WEDNESDAY, APEIL 7, 1920, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. Walter Aitken, of the First Meth¬ 
 odist Episcopal Church, of Urbana. 
 
 The Journal of Wednesday, March 31st, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the order of First Eeading and Def¬ 
 erence of Proposals. 
 
 Proposal No. 325, a Proposal relative to the Judiciary. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Judicial Department. 
 
 Proposal No. 352, a Proposal relative to Powers, Eights and Duties 
 of Legislative Committees. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Proposal No. 353, a Proposal to provide a new article in the Con¬ 
 stitution respecting cities and villages. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Municipal Government. 
 
 Committee of the Whole. 
 
 In accordance with the Special Order entered on Tuesday, March 
 30th, the President called Mr. Sneed to the chair. 
 
 And at the hour of 10:15 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of Proposal No. 232. 
 
 At the hour of 5 :47 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Sneed from the Committee of the Whole reported that the 
 committee had made progress* and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 The Convention again proceeding on the order of Eeports of Stand¬ 
 ing Committees, Mr. Lindly sumbitted the following report: 
 
 Your Committee on Public Works and Improvements to which was re¬ 
 ferred Proposal No. 47 reports the same back with a substitute therefor, be¬ 
 ing Proposal No. 354, a proposal entitled “Canals and Waterways,” and 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 139 
 
 recommends that the original proposal, above enumerated, be rejected, and 
 that the substitute Proposal No. 354 be placed on hte General Orders. 
 
 (Signed) Ciceko J. Lindley, 
 
 Chas. H. Ireland, 
 
 L. A. Jarman, 
 
 Walter H. Wilson, 
 William M. Scanlan, 
 Lawrence C. Johnson, 
 Will Stewart, 
 
 W. H. Chew. 
 
 William Ganschow. 
 
 Committee. 
 
 The report of the committee was ordered printed, and to lie on the 
 
 table. 
 
 Mr. Trantmann submitted the following report: 
 
 Your Committee on Executive Department to which was referred Pro¬ 
 posal No. 50 reports the same hack with the recommendation that it be re¬ 
 referred to the Committee on Judicial Department. 
 
 (Signed) Wm. E. Trautmann, 
 
 Frederic R. Deyoung, 
 
 Charles S. Cutting, 
 
 Frank S. Whitman, 
 
 Michael Iarussi, 
 
 Henry I. Green, 
 
 Lawrence C. Johnson, 
 
 Rollo Six, 
 
 G. W. Hogan, 
 
 J. Mack Tanner, 
 
 G. Gale Gilbert, 
 
 Cyrus E. Dietz, 
 
 Committee. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 At the hour of 5 :50 o’clock p. m., Mr. Trautmann moved that the 
 Convention do now take a recess until 8 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 8:00 o’Clock P. M. 
 
 The hour of 8 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The Convention proceeding on the general orders, the President 
 called Mr. Sneed to the chair. 
 
 And at the hour of 8 :02 o’clock p. m., the Convention again went 
 into Committee of the Whole for the further consideration of Proposal 
 No. 232. 
 
 At the hour of 11:55 o’clock p. m. the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Sneed from the Committee of the Whole reported that the Com¬ 
 mittee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 11:57 o’clock p. m., Mr. Green moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
140 
 
 JOURNAL OF THE 
 
 [Apr. 8, 
 
 THURSDAY, APRIL 8, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Walter Aitken, of the First Metho¬ 
 dist Episcopal Church, of Urbana. 
 
 The Journal of Thursday, April 1st, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 The Committee on Military Affairs having presented its amended report, 
 with the recommendation that its report be adopted, and said report having 
 been ordered to lie on the table and be printed; 
 
 Your Committee on Rules and Procedure recommends that said amended 
 report be now taken from the table and placed on the general orders; and 
 
 That consideration of the said report of the Committee on Military Af¬ 
 fairs be made special order of business for consideration in Committee of 
 the Whole under the general orders of this day. 
 
 The question being on the adoption of the report of the Committee 
 on Rules and Procedure. 
 
 It was decided in the affirmative. 
 
 Mr. Gale submitted the following report: 
 
 Your Committee on Revenue, Taxation and Finance, to which was re¬ 
 ferred Proposal No. 323, being a Proposal *to provide for the improvement of 
 roads, highways and bridges, in whole or part, by special assessment, intro¬ 
 duced by Mr. Dunlap, reports said Proposal No. 323 back to the Convention 
 with the recommendation that it be re-referred to the Committee on County 
 and Township Government. 
 
 (Signed) Geo. G. Gale, Frank S. Whitman, 
 
 Douglas Sutherland, Martin J. O’Brien, 
 
 Alvin Warren, Watts H. Johnson, 
 
 Abel Davis, Thomas C. Kerrick, 
 
 Committee. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 Mr. Dunlap submitted the following report: 
 
 Your Committee on Agriculture reports a proposal to authorize legisla¬ 
 tion for the conservation of forests and to provide for the taxation of forest 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 141 
 
 lands, being Proposal No. 355, and recommends that it be placed on the 
 general orders. 
 
 (Signed) William S. Gray, Sylvester J. Gee, 
 
 Lawrence C. Johnson, J. Mack Tanner, 
 
 Wm. T. Hollenbeck, Wm. H. Cruden, 
 
 William Stewart, H. M. Dtjnlap, 
 
 Chas. V. Parker, Guy L. Shaw, 
 
 Henry W. Meinert, Frank S. Whitman, 
 
 Chas. H. Ireland, Alvin Warren, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Mr. Elting presented a petition from members of the Methodist 
 Church congregation in relation to the reading of the Bible in the public, 
 schools, which was referred to the Committee on Bill of Bights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 called Mr. Beckman to the chair. 
 
 And at the hour of 10 :25 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal No. 
 
 339. 
 
 At the hour of 11:47 o’clock a. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Beckman from the Committee of the Whole, having had under 
 consideration Proposal No. 339, reported the same back together with 
 the following amendments thereto, to-wit: 
 
 Amend Proposal No. 339, by adding at the end of section 1, the words, 
 “Provided, no person shall, because of conscientious scruples against bearing 
 arms, be exempted from military service in any capacity that the Governor 
 shall declare to be noncombatant.” 
 
 And also by striking out section 6 thereof. 
 
 And recommended that the proposal, as amended, do pass. 
 
 The report of the committee was concurred in and the Proposal was 
 referred to the Committee on Phraseology and Style. 
 
 At the hour of 11:50 o’clock a. m., Mr. Green moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
142 
 
 JOURNAL OF THE 
 
 [Apr. 9, 
 
 FRIDAY, APRIL 9, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Walter Aitken, of the First Metho¬ 
 dist Episcopal Church, of Urbana. 
 
 The Journal of Wednesday, April 7th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure recommends as a Special Order 
 of Business under General Orders of the day on Wednesday, April 14, 1920, 
 the further consideration in Committee of the Whole of Proposal No. 232. 
 
 The question being on the adoption of the report of the Committee 
 on Rules and Procedure. 
 
 It was decided in the affirmative. 
 
 At the hour of 10:15 o’clock a. m., Mr. Green moved that the Con¬ 
 vention do now adjourn until Wednesday, April 14, 1920, at 10 o’clock 
 a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
CONSTITUTIONAL CONVENTION. 
 
 1-13 
 
 1920.] 
 
 WEDNESDAY, APRIL 14, 1920, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. I. E. Lee, of the First Baptist 
 Church, of Herrin. 
 
 The Journal of Thursday, April 8th, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Suffrage having made its report to the Convention, 
 with a substitute proposal, being Proposal No. 351, and said report under the 
 rules having been ordered to lie on the table; your Committee on Rules and 
 Procedure recommends that the said report of the Committee on Suffrage 
 with Proposal No. 351, submitted by said committee, be taken from the table 
 and placed on the general orders; and that the consideration of said report 
 and Proposal No. 351 be made a special order of business for consideration 
 in Committee of the Whole under general orders of the day on Thursday, 
 April 15, 1920. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 At the hour of 10 :10 o’clock a. m., Mr. Green moved that the Con¬ 
 vention do now take a recess until 4:00 o’clock p. m. 
 
 And the motion prevailed. 
 
 4:00 o’Clock P. M. 
 
 The hour of 4:00 o’clock p. m. having arrived the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 At the hour of 4:02 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now take a further recess until 8 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 8:00 o’Clock P. M. 
 
 The hour of 8:00 o’clock p. m. having arrived the Convention again 
 resumed its session. 
 
 The President presiding. 
 
 Committee of the Whole. 
 
 In accordance with the special order entered on Friday, April 9th, 
 the President called Mr. Fyke to the chair. 
 
144 
 
 JOURNAL OF THE 
 
 [Apr. 14, 
 
 And at the hour of 8 :02 o’clock p. m. the Convention went into 
 Committee of the Whole for the further consideration of Proposal No. 
 232. 
 
 At the hour of 10 :27 o’clock p. m. the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Fyke, from the Committee of the Whole, reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 10 :30 o’clock p. m., Mr. Moore moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 145 
 
 THURSDAY, APRIL 15, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. I. E. Lee of the First Baptist Church, 
 
 of Herrin. 
 
 The Journal of Friday, April 9th, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 By unanimous consent, Mr. Traeger introduced Proposal No. 356, 
 a Proposal to provide protection to purchasers or agents dealing in live 
 stock subject to mortgage in other States. 
 
 The Proposal was taken up, read by title and advanced for reference. 
 Mr. Mack presented two letters from Mr. C. E. Hoffsten, State 
 Chairman of the National Lutheran Council, addressed to Hon. E. M. 
 Rinaker and Rev. Wm. H. Nicholas, respectively, concerning the reading 
 of the Bible in the public schools, which were read at large for the infor¬ 
 mation of the Convention and referred to the Committee on Bill of 
 Rights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Cruden to the chair. 
 
 And at the hour of 10 :15 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of Proposal No. 351. 
 
 At the hour of 12:33 o’clock p. m. the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Cruden, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. O’Brien offered the following as a Memorial to the memory of 
 the late Roger C. Sullivan and moved its adoption: 
 
 Memorial. 
 
 This Convention learns with profound regret of the death of Mr. Roger 
 C. Sullivan. 
 
 He was one of the foremost citizens of Illinois. He was intimately iden¬ 
 tified with the social, financial, business and political life of the State. He 
 attained unusual success as a leader in the financial and business world and 
 in social and philanthropic endeavors his influence was wide and beneficent. 
 
 Conspicious not alone in the business and financial world but as well 
 in the political affairs of State and nation, his leadership reached beyond 
 faction or party. 
 
 —10 C J 
 
146 
 
 JOURNAL OF THE 
 
 [Apr. 15, 
 
 Mr. Sullivan’s wholesome influence and energetic labors contributed in 
 large measure to the calling of this Convention. He was a patriot in all 
 that the term implies. He devoted his time and energy during the trying 
 days of the great war to the work of the State Council of Defense of which 
 he was a member and the Secretary. Aided by his tact, skill, judgment and 
 wisdom, the Council of Defense rendered invaluable service to the State and 
 nation. 
 
 Financial leader and philanthropic citizen, statesman and patriot, he 
 leaves a record which will not soon be forgotten. 
 
 Mindful of his services to the State, cherishing the memory of the lov¬ 
 able qualities of his character, we here record our own sense of loss and of 
 our sympathy with his bereaved family. 
 
 Following appropriate remarks by Messrs. Whitman and Suther¬ 
 land, the Memorial was unanimously adopted by a rising vote. 
 
 After which, Mr. O’Brien moved that, out of further respect to the 
 memory of Mr. Sullivan the Convention do now adjourn. 
 
 The motion prevailed. 
 
 And at the hour of 12:45 o’clock p. m. the Convention stood ad¬ 
 journed. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 147 
 
 FRIDAY, APRIL 16, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. I. E. Lee, of the First Baptist 
 Church, of Herrin. 
 
 The Journal of Wednesday, April 14, having been printed and, 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the order of Reports of Standing 
 Committees. 
 
 Mr. O’Brien submitted the following report: 
 
 Your Committee on Miscellaneous Subjects, to which was referred Pro¬ 
 posals numbered 3 and 220, reports the same back with a substitute therefor, 
 being Proposal No. 357, a proposal relative to the boundaries of the State 
 of Illinois. 
 
 And recommends that the original Proposals, above enumerated, be 
 rejected, and that the substitute Proposal No. 357, be placed on the General 
 Orders. 
 
 (Signed) Martin J. O’Brien, 
 
 Wm. T. Hollenbeck, 
 
 Watts A. Johnson, 
 
 Herbert P. Lill, 
 
 Geo. F. Lohman, 
 
 James H. Paddock, 
 
 E. B. Coolley, 
 
 S. E. Pincus, 
 
 Rodney H. Brandon, 
 
 Committee . 
 
 The report of the committee was ordered printed, and to lie on the 
 
 table. 
 
 Mr. O’Brien submitted the further report: 
 
 Your Committee on Miscellaneous Subjects, to which was referred Pro¬ 
 posal No. 5, reports the same back with a substitute therefor, being Proposal 
 No. 358, a Proposal to provide for the separation of the government into 
 three departments. 
 
 And recommends that the original Proposal, above enumerated, be re¬ 
 jected, and that the substitute Proposal No. 358, be placed on the General 
 
 Orders. 
 
 (Signed) Martin J. O’Brien, 
 
 Geo. F. Lohman, 
 
 James H. Paddock, 
 
 Herbert F. Bill, 
 
 Wm. T. Hollenbeck, 
 
 Watts A. Johnson, 
 
 E. B. Coolley, 
 
 S. E. Pincus, 
 
 Rodney PI. Brandon, 
 
 Committee. 
 
148 JOURNAL OF THE [Apr. 16, 
 
 Tlie report of the committee was ordered printed, and to lie on the 
 table. 
 
 The Convention proceeding on the order of First Reading and 
 Reference of Proposals. 
 
 Proposal No. 356, a Proposal to provide protection to purchasers or 
 agents dealing in live stock subject to mortgage in other states. 
 
 Was taken up, read at large a first time, ordered printed and re¬ 
 ferred to the Committee on Legislative Department. 
 
 Mr. Hamill moved that the Convention do now adjourn until Tues¬ 
 day, April 20, 1920. 
 
 Mr. Whitman moved to amend the motion, of Mr. Hamill, by 
 striking out the words and figures, Tuesda}-, April 20. and substituting 
 in lieu thereof the words and figures, Wednesday, April 21. ; 
 
 Mr. Dunlap raised the point of order that a motion to amend a 
 motion to adjourn is out of order. 
 
 The President ruled that the point of order was not well taken for 
 the reason that a motion to amend a motion to adjourn to a fixed time 
 is in order. 
 
 Mr. Hamill accepted the amendment of Mr. Whitman. 
 
 Whereupon Mr. Dunlap moved as a substitute motion that when 
 the Convention adjourns todav it stand adjourned until Tuesday, April 
 20, 1920. 
 
 And the question being on the adoption of the substitute, it was 
 decided in the negative. 
 
 The question recurring on the motion of Mr. Hamill, as amended, 
 it was decided in the affirmative. 
 
 And at the hour of 10:15 o’clock a. m., the Convention stood 
 adjourned until Wednesday, April 21, 1920, at 10 :00 o’clock a. m. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 149 
 
 WEDNESDAY, APRIL 21, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. William E. Barton, of the Eirst Con¬ 
 gregational Church, of Oak Park. 
 
 The Journal of Thursday, April 15th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Cruden to the chair. 
 
 And at the hour of 10 :10 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal No. 
 
 351. 
 
 At the hour of 1:02 o’clock p. m. the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Cruden, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 The Convention again proceeding on the Order of Reports of Stand¬ 
 ing Committees, Mr. Brandon submitted the following report: 
 
 Your Committee on Education to which was referred. Proposals num¬ 
 bered 10, 24, 27, 35, 61, 99, 130, 131, 139, 182, 200, 214, 231, 235, 238, 255, 258, 
 271, 334, 337 reports the same back with a substitute therefor, being Pro¬ 
 posal No. 359, a proposal to amend Article VIII of the Constitution of 1870, 
 and recommends that the original proposals, above enumerated, be rejected, 
 and that the substitute Proposal No. 359 be placed on the General Orders. 
 
 (Signed) Rodney H. Brandon, 
 
 Edward J. Corcoran, 
 
 W. H. Bechman, 
 
 Michael Iarussi, 
 
 Michael Rosenberg, 
 
 George A. Barr, 
 
 Wm. S. Gray, 
 
 ET. M. Dunlap, except as to Sec. 4. 
 
 Committee. 
 
 The report of the committee was ordered printed, and to lie on the 
 
 table. 
 
150 
 
 JOURNAL OF THE 
 
 [Apr. 21, 
 
 Mr. Dunlap submitted the following minority report: 
 
 Committee on Education Minority Report. 
 
 This minority report concurs in the report of the Committee on Educa¬ 
 tion except as to section 4 thereof and recommends that said section 4 be 
 rejected, and that the minority report, being Proposal No. 360, be substituted 
 therefor. 
 
 H. M. Dunlap. 
 
 The minority report of the committee was ordered printed and to 
 lie on the table. 
 
 At the hour of 1:05 o’clock p. m., Mr. DeYoung moved that the 
 Convention do now take a recess until 8 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 8:00 o'Clook P. M. 
 
 The hour of 8 :00 o’clock p. m. having arrived the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 Mr. DeYoung moved that the Convention do now resolve itself into 
 Committee of the Whole. 
 
 And the motion prevailed. 
 
 Committee of the Whole;. 
 
 The President thereupon called Mr. DeYoung to the chair. 
 
 And at the hour of 8 :02 o’clock p. m. the Convention went into 
 Committee of the Whole for the purpose of further considering the vari¬ 
 ous Proposals relating to or affecting the organization of the Judicial 
 Department. 
 
 At the hour of 11:12 o’clock p. m. the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. DeYoung, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 11:15 o’clock p. m., Mr. DeYoung moved that 
 the Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 151 
 
 THURSDAY, APRIL 22, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. William EL Barton, of the First Con¬ 
 gregational Church, of Oak Park. 
 
 The Journal of Friday, April 16th, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow-- 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 The following committees having made reports with committee propo¬ 
 sals recommended by 'said committees, respectively: 
 
 Committee on Public Works and Improvements recommending Proposal 
 No. 354. 
 
 Committee on Miscellaneous Subjects recommending Proposal No. 357. 
 
 Committee on Miscellaneous Subjects recommending Proposal No. 358. 
 
 Committee on Education presenting majority and minority reports with 
 Proposals numbered 359 and 360, respectively. 
 
 And said reports and proposals having been, pursuant to the rules, or¬ 
 dered to lie upon the table and be printed. 
 
 Your Committee on Rules and Procedure recommends that the said 
 committee reports and proposals be taken from the table and placed on the 
 General Orders for consideration in the Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Cruden to the chair. 
 
 And at the hour of 10:15 o’clock a. m., the Convention went into 
 Committee of the Whole for the iurther consideration of Proposal No. 
 
 351. 
 
 At the hour of 12 :45 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Cruden, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Davis moved that it be the sense of the Convention that Tues¬ 
 day, Wednesday, Thursday and Friday of each week, from now on, be 
 designated as the regular working days. 
 
 And the motion prevailed. 
 
152 
 
 JOURNAL OF THE 
 
 [Apr. 22/ 
 
 Mr. Davis moved that the Committee on Rules and Procedure be re¬ 
 quested to present such suggestions as may be determined upon, regard¬ 
 ing the correlation of committee meetings in conjunction with the ses¬ 
 sions of the Convention. 
 
 And the motion prevailed. 
 
 At the hour of 1:00 o’clock p. m., Mr. Corcoran moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 153 
 
 FRIDAY, APRIL 23, 1920, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. William E. Barton, of the First 
 Congregational Church, of Oak Park. 
 
 The Journal of Wednesday, April 21, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, Mr. Lohman 
 moved that the Convention do now resolve itself into the Committee of 
 the Whole for the consideration of Proposal Ko. 354. 
 
 Upon the request of Mr. Lindly, chairman of the Committee on 
 Public Works and Improvements, the President called Mr. Wilson to the 
 chair. 
 
 And at the hour of 10 :10 o’clock a. m., the Convention went into 
 Committee of the Whole. 
 
 At the hour of 10:42 o’clock a. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Wilson, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 10 :45 o’clock a. m., Mr. Green moved that the 
 Convention do now adjourn until Tuesday, April 27, 1920, at 10:00 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
154: 
 
 JOURNAL OF THE 
 
 [Apr. 27, 
 
 TUESDAY, APEIL 27, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. E. G. Sandmeyer, of the First 
 Methodist Episcopal Church, of Charleston. 
 
 The Journal of Thursday, April 22, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the fol¬ 
 lowing report from the Committee on Eules and Procedure, to-wit: 
 
 Committee Report. 
 
 The Committee on Rules and Procedure reports that pursuant to the 
 motion adopted at the session on April 22, 1920, requesting the Committee 
 on Rules and Procedure to present such suggestions as may be determined 
 upon regarding the co-relation of committee meetings, the Committee on 
 Rules and Procedure is of opinion that it is neither feasible nor wise 
 for the Convention to undertake to fix times of committee meetings. How¬ 
 ever, the Committee on Rules and Procedure has made an examination of 
 the personnel of the respective committees with a view to suggesting a 
 schedule of committee meetings which will avoid conflicts so far as may be. 
 The Committee on Rules and Procedure now recommends to the chairmen 
 of the following committees that so far as practicable they call their com¬ 
 mittee meetings in accordance with schedule given, for the week of April 
 27, 1920: 
 
 Tuesday: 
 
 Judicial .2:00 p. m. 
 
 County and Township.2:00 p. m. 
 
 Industrial Affairs .2:00 p. m. 
 
 Distinction .2:00 p. m. 
 
 Legislative . 4:00 p. m. 
 
 Municipal . 4:00 p. m. 
 
 Corporations .7:30 p. m. 
 
 Future Amendment .7:30 p. m. 
 
 Chicago and Cook County.7:30 p. m. 
 
 Wednesday : 
 
 Executive .2:00 p. m. 
 
 Miscellaneous Subjects .2:00 p. m. 
 
 Revenue . 4:00 p. m. 
 
 Distinction . 4:00 p. m. 
 
 Bill of Rights.7:30 p. m. 
 
 I. and R.7:30 p. m. 
 
 Agriculture .7:30 p. m. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 155 
 
 Thursday: 
 
 Judicial . 
 
 Revenue . 
 
 County and Township. 
 
 Chicago . 
 
 Future Amendment .. 
 Miscellaneous Subjects 
 
 Agriculture . 
 
 Legislative . 
 
 Distinction . 
 
 Executive . 
 
 Municipal ..... 
 
 2:00 
 
 P. 
 
 m. 
 
 2:00 
 
 P- 
 
 m. 
 
 2:00 
 
 P. 
 
 m. 
 
 4:00 
 
 P- 
 
 m. 
 
 4:00 
 
 P. 
 
 m. 
 
 4:00 
 
 P- 
 
 m. 
 
 4:00 
 
 P- 
 
 m. 
 
 7:30 
 
 P- 
 
 m. 
 
 7:30 
 
 P. 
 
 m. 
 
 7:30 
 
 P. 
 
 m. 
 
 7:30 
 
 P- 
 
 m. 
 
 The question being on the adoption of the report of the committee. 
 It was decided in the affirmative. 
 
 Mr. Paddock presented a petition from citizens of Loami Township 
 relating to the classification of property under the new Constitution, 
 which was referred to the Committee on Revenue, Taxation and Finance. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Cruden to the chair. 
 
 And at the hour of 10 :10 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal 
 
 No. 351. 
 
 At the hour of 12:32 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Cruden, from the Committee of the Whole, reported that the 
 committee had had under consideration section 8 of Proposal No. 351, 
 and recommended that said section 8, together with the pending Amend¬ 
 ment No. 13 and the substitute therefor, be recommitted to the Com¬ 
 mittee on Suffrage and that the Committee of the Whole be granted 
 leave to sit again. 
 
 The report of the committee was concurred in and it was so ordered. 
 At the hour of 12 :35 o’clock p. m., Mr. Corcoran moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
156 
 
 JOURNAL OF THE 
 
 [Apr. 28, 
 
 WEDNESDAY, APRIL 28, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. E. G. Sandmeyer, of the First 
 Methodist Episcopal Church, of Charleston. 
 
 The Journal of Friday, April 23, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the fol¬ 
 lowing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure in furtherance of the action 
 of this Convention diligently to pursue the consideration of committee re¬ 
 ports in Committee of the Whole, recommends that the report of the Com¬ 
 mittee on Education be considered immediately upon the conclusion of the 
 debate on the pending report of the Committee on Public Works and Im¬ 
 provements, and that the sessions of the Convention on Thursday and 
 Friday of this week be devoted to that work. 
 
 The question being on the adoption of the . report of the committee. 
 
 It was decided in the affirmative. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Wilson to the chair. 
 
 And at the hour of 10 :10 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal 
 No. 354. 
 
 At the hour of 12 :57 p. m., the Convention resumed its session. 
 
 The President presiding. 
 
 Mr. Wilson, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 1:00 o’clock p. m., Mr. Green moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 157 
 
 THURSDAY, APRIL 29, 1920, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. E. G. Sandmeyer, of the First 
 Methodist Episcopal Church, of Charleston. 
 
 The Journal of Tuesday, April 27, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the order of Reports of Standing 
 Committees. 
 
 Mr. Dunlap submitted the following report: 
 
 To the Honorable, the Delegates of the Constitutional Convention: 
 
 Your Committee on Agriculture having given due consideration to the 
 problem of land credits in the State of Illinois, reports a proposal,, being 
 Proposal No. 361, a proposal in relation to land credits, and recommends 
 that said Proposal No. 361 be placed on the General Orders. 
 
 H. M. Dunlap, 
 
 Wm. S. Gray, 
 
 Lawkence C. Johnson, 
 
 Guy L. Shaw, 
 
 J. Mack Tanner, 
 
 Sylvester J. Gee, 
 
 Chas. Y. Parker, 
 
 Alvin Warren, 
 
 William Stewart, 
 
 F. R. Dove, 
 
 Wm. H. Cruden, 
 
 H. W. Meinert, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Mr. Brandon, from the Committee on Education, presented a state¬ 
 ment to accompany the committee report heretofore made on April 21, 
 which was received and ordered incorporated in the Convention debates. 
 
 Mr. Moore presented a petition from citizens of Hartsburg, relating 
 to the reading of the Bible in the public schools, which was referred to 
 the Committee on Bill of Rights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Wilson to the chair. 
 
158 
 
 JOURNAL OF THE 
 
 [Apr. 29, 
 
 And at the hour of 10 :20 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal 
 No. 354. 
 
 At the hour of 1:02 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Wilson, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 1:05 o’clock p. m., Mr. Trautmann moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 159 
 
 FRIDAY, APRIL 30, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. E. G. Sandmeyer, of the First 
 Methodist Episcopal Church, of Charleston. 
 
 The Journal of Wednesday, April 28, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the order of Reports of Standing 
 Committees. 
 
 Mr. Dietz submitted the following report: 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects to which were referred Proposal number fifteen (15) entitled, “A 
 Proposal to retain in the new Constitution the article on warehouses in the 
 present Constitution,” and Proposal number one hundred sixty-six (166) 
 entitled, “A Proposal to repeal Article XIII of the Constitution of 1870,” 
 reports that it is the opinion of the members of the committee that the said 
 Proposals relate to a constitutional subject. 
 
 Therefore, in as much as your committee is without authority to con¬ 
 sider these Proposals upon their merits, the committee recommends that the 
 said Proposals be referred to the proper committee for consideration upon 
 the merits. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number twenty-three (23) entitled, 
 “A Proposal to Declare Certain Acts by Public Officers, sedition,” reports that 
 it is the opinion of the members of the committee that the said Proposal is 
 a constitutional subject. 
 
 Therefore, as your committee is without authority to consider said Pro¬ 
 posal, upon its merits, the committee recommends that said Proposal be re¬ 
 ferred to the proper committee, for consideration of said Proposal upon its 
 
 merits. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
160 JOURNAL OF THE [Apr. 30, 
 
 Tlie report of the committee was ordered printed and to lie on the 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number two hundred and eleven 
 (211) entitled, “A Proposal to Provide Employment Control and for the 
 Classification of Certain Positions in the Public Service,” reports that it is 
 the opinion of the members of the committee that the said Proposal is a con¬ 
 stitutional subject. 
 
 Therefore, as your committee is without authority to consider said Pro¬ 
 posal, upon its merits, the committee recommends that said Proposal be re¬ 
 ferred to the proper committee, for consideration of said Proposal upon its 
 merits. 
 
 Respectfully submitted, (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEw t en, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which Proposal No. 282 entitled, “A Proposal to Provide for the 
 Removal of Snow and Ice from Sidewalks” w r as referred, reports that upon 
 consideration of the Proposal and the authorities, which control the question 
 involved, it is the opinion of the members of the committee that the Proposal 
 is a constitutional subject. 
 
 Therefore, as your committee is without authority to consider the Pro¬ 
 posal, upon its merits, the committee recommends that the Proposal be re¬ 
 ferred to the proper committee for consideration of the Proposal upon its 
 merits. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEwen, 
 
 John L. Dryer, 
 
 E. H. Brewster, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number two hundred and eighty- 
 four (284) entitled, “A Proposal for the Issuance of Bonds by the State or 
 Municipalities to Encourage the Building of Homes and Buying of Lands 
 by Citizens of the State,” reports that it is the opinion of the members of 
 the committee that the said Proposal is a constitutional subject. 
 
 Therefore, as your committee is without authority to consider said Pro¬ 
 posal, upon its merits, the committee recommends that said Proposal be re¬ 
 ferred to the proper committee for consideration of said Proposal upon its 
 merits. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 161 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number seventy-three (73) enti¬ 
 tled, “A Proposal Defining Intoxicating Liquors and Beverages,” reports that 
 it is the opinion of the members of the committee that said Proposal is a 
 legislative and not a constitutional subject. 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Wellard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number seventy-four (74) entitled, 
 “A Proposal Granting Power and Authority to Municipalities to License and 
 Regulate Boxing Contests,” reports that it is the opinion of the members of 
 the committee that said Proposal is a legislative and not a constitutional 
 subject. 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Wellard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number seventy-five (75) entitled, 
 “Prohibiting Professional Wrestling Exhibitions,” reports that it is the opin¬ 
 ion of the members of the committee that said Proposal is a legislative and 
 not a constitutional subject. 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Wellard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett. 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number seventy-seven (77) entitled, 
 “For the Manufacture, Sale and Distribution of Beers,” reports that it is the 
 
 —11 C J 
 
JOURNAL OF THE 
 
 162 
 
 [Apr. 30, 
 
 opinion of the members of the committee that said Proposal is a legislative 
 and not a constitutional subject. 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number ninety-eight (98) entitled, 
 “In Relation to Athletic Exhibitions,” reports that it is the opinion of the 
 members of the committee that said Proposal is a legislative and not a con¬ 
 stitutional subject. 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number one hundred and forty- 
 eight (148) entitled, “To Prevent Monopolies,” reports that it is the opinion 
 of the members of the committee that said Proposal is a legislative and not 
 a constitutional subject. 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Wellard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the j 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number one hundred and fifty- 
 seven (157) entitled, “Relative to the Charters of Benevolent and Fraternal 
 Organizations, including those heretofore organized and those to be organ¬ 
 ized in the future,” reports that it is the opinion of the members of the com¬ 
 mittee that said Proposal is a legislative and not a constitutional subject. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 163 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Wellard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number one hundred and eighty-six 
 (186) entitled, “A Proposal to embody in the article of the new Constitution 
 in relation to taxation the following provision imposing the duty on the own¬ 
 ers of property to list the same for taxation and providing remedies for fail¬ 
 ure to do so,” reports that it is the opinion of the members of the committee 
 that said Proposal is a legislative and not a constitutional subject. 
 
 Therefore your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number two hundred and two (202) 
 entitled, “A Proposal for the manufacture, distribution, transportation or 
 sale of beverage,” reports that it is the opinion of the members of the com¬ 
 mittee that said proposal is a legislative and not a constitutional subject. 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number two hundred and twenty- 
 four (224) entitled, “A Proposal to prohibit options in purchase and sale of 
 commodities and dealing in stocks by margins, or in lottery,” reports that 
 it is the opinion of the members of the committee that said Proposal is a 
 legislative and not a constitutional subject. 
 
164 JOURNAL OF THE [Apr. 30, 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal number two hundred and eighty- 
 eight (288) entitled, “A Proposal to prohibit persons or corporations from 
 entering into agreement to fix or establish the purchasing price or selling 
 price of food commodities,” reports that it is the opinion of the members of 
 the committee that said Proposal is a legislative and not a constitutional 
 subject. 
 
 Therefore, your committee recommends that the said Proposal do not 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 D. E. Mack, 
 
 Willard M. McEwen, 
 
 E. H. Brewster, 
 
 John L. Dryer, 
 
 Edward M. Corlett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. Wolff submitted the following report: 
 
 The Committee on Qualifications and Election of Delegates, to whom 
 was referred the matter of the complaint of Robert Emmet Burke concerning 
 the election held in the 31st Senatorial District, would respectfully report 
 that they convened and that due notice was sent to Mr. William H. Beck¬ 
 man and Mr. Eugene H'. Dupee, delegates heretofore seated as delegates of 
 this Convention upon their taking the oath of office as such delegates, and 
 to Mr. Robert Emmet Burke, of a hearing before the committee, to be held 
 on March 3, 1920, at 2 p. m., in the committee room of this committee in the 
 Capitol Building, city of Springfield, on the said complaint; that the com¬ 
 plainant, Robert Emmet Burke did not attend upon such notice; that a hear¬ 
 ing was had wherein it appeared that on the holding of the said election the 
 candidates received the votes, respectively, following: 
 
 William H. Beckman. 9,141 
 
 Eugene H. Dupee. 8,576 
 
 Donald L. Merrill. 4,654 
 
 James F. Burns. 4,487 
 
 Robert Norburg . 1,350 
 
 Robert E. Burke. 2,452 
 
 John Vogel . 1,404 
 
 and that Certificates of Election were duly issued to William H. Beckman 
 and Eugene H. Dupee, respectively, and that Commissions signed by the Gov¬ 
 ernor under the great seal of State were likewise afterwards issued to them, 
 and that they appeared before the Convention and took the oath of office 
 and were duly enrolled; that no evidence was adduced before the committee 
 of any irregularity, fraud or error in the holding of said election, and they, 
 therefore, report that the said complaint has no foundation, and that the 
 same should stand dismissed, and the action of the Convention heretofore in 
 
1920 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 165 
 
 seating said William H. Beckman and Eugene H'. Dupee should be final and 
 undisturbed. 
 
 Respectfully submitted, 
 
 (Signed) Oscar Wolff, 
 
 Joseph W. Fifer, 
 
 Michael Rosenberg, 
 
 Willard M. McEwen, 
 
 George C. Gale, 
 
 Guy L. Shaw, 
 
 Committee. 
 
 And the question being on the adoption of the report of the 
 committee. 
 
 It was decided in the affirmative by a unanimous vote. 
 
 The Convention having reached the General Orders, Mr. Lindly 
 raised the point of no quorum and thereupon a call of the Convention 
 was had resulting as follows: Present, 48. 
 
 Answering present: Messrs. 
 
 Barr 
 
 Dawes 
 
 Goodyear 
 
 Lindly 
 
 Smith 
 
 Brenholt 
 
 Dietz 
 
 Green 
 
 Mills 
 
 Sutherland 
 
 Brewster 
 
 Dove 
 
 Hamill 
 
 Morris 
 
 Taff 
 
 Carlstrom 
 
 Dunlap 
 
 Hull 
 
 Nichols 
 
 Torrance 
 
 Chew 
 
 Elting 
 
 Ireland 
 
 Rinaker 
 
 Wall 
 
 Clarke 
 
 Fifer 
 
 Johnson, L. C. 
 
 Scanlan 
 
 Whitman 
 
 Coolley 
 
 Fvke 
 
 Johnson, W. A. 
 
 Shanahan 
 
 Wilson 
 
 Corcoran 
 
 Gale 
 
 Kerrick 
 
 Shaw 
 
 Wolff 
 
 Corlett 
 
 Garrett 
 
 Latchford 
 
 Shuey 
 
 Mr. President 
 
 Davis 
 
 Gilbert 
 
 Lill 
 
 
 Present—48. 
 
 The President announced that the roll showed less than a quorum 
 
 present. 
 
 Whereupon Mr. Shanahan moved that the Convention do now 
 adjourn until Tuesday, May 4, 1920. 
 
 The motion prevailed. 
 
 And at the hour of 10:15 o’clock a. m., the Convention stood 
 adjourned. 
 
166 
 
 JOURNAL OF THE 
 
 [May 4 > 
 
 TUESDAY, MAY 4, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. E. C. Lumsden, of the First Metho¬ 
 dist Episcopal Church, of Dixon. 
 
 The Journal of Thursday, April 29, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Wilson to the chair. 
 
 And at the hour of 10 :20 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal No. 
 354. 
 
 At the hour of 12:32 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Wilson, from the Committee of the Whole, reported that the 
 Committee had had under consideration Proposal No. 354 and recom¬ 
 mended that said Proposal, as amended in Committee of the Whole, 
 together with the substitute therefor, offered by Mr. Corlett, and the 
 entire subject matter therein referred to be recommitted to the Com¬ 
 mittee on Public Works and Improvements. 
 
 The report of the Committee was concurred in. 
 
 And it was so ordered. 
 
 At the hour of 12:35 o’clock p. m., Mr. Green moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 167 
 
 WEDNESDAY, MAY 5, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. E. C. Lumsden, of the First Metho¬ 
 dist Episcopal Church, of Dixon. 
 
 The Journal of Friday, April 30th, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully recommends that 
 the Convention shall at 12:30 o’clock p. m., today, recess until 4:00 o’clock 
 p. m., and that on Thursday, May 6th, the Convention shall meet at the hour 
 of 9:00 o’clock a. m., and again at the hour of 4:00 o’clock p. m. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully reports as a Special 
 Order for Thursday morning, May 6th, the consideration in Committee of the 
 Whole of the reports of the Committee on Distinction Between Constitutional 
 and Legislative Subjects, shown in the Journal of April 30th. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 Mr. Latchford called the attention of the Convention to the death 
 of the mother of Delegate O’Brien and asked that he be excused from 
 attendance at the Convention for the remainder of the week. 
 
 And the request was granted. 
 
 Mr. Revel-1 moved that the Convention request its President to com¬ 
 municate to Delegate O’Brien its deep sympathy in his bereavement. 
 
 And the motion was unanimously adopted. 
 
 Mr. Carlstrom presented a petition from citizens of Viola, Illinois, 
 relating to the reading of the Bible in the Public Schools, which was 
 referred to the Committee on Bill of Rights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Brandon to the chair. 
 
168 
 
 JOURNAL OP THE 
 
 [May 5, 
 
 And at the hour of 10:15 o’clock a. m., the Convention went into 
 Committee of the Whole for the purpose of considering the majority 
 and minority reports of the Committee on Education, being Proposals- 
 numbered 359 and 360. 
 
 At the hour of 12 :42 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Corcoran, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 12 :45 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now take a recess until 4:00 o’clock p. m. 
 
 And the motion prevailed. 
 
 4:00 o’Clock P. M. 
 
 The hour of 4:00 o’clock p. m. having arrived the Convention re¬ 
 sinned its session. 
 
 The President presiding. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders the Presi¬ 
 dent called Mr. Brandon to the chair. 
 
 And at the hour of 4:05 o’clock p. m., the Convention went into 
 Committee of the Whole for the further consideration of the majority 
 and minority reports of the Committee on Education. 
 
 At the hour of 6 :22 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Brandon, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Davis moved that further consideration of Proposals numbered 
 359 and 360 be made a Special Order in Committee of the Whole for 
 tomorrow ahead of the other Special Orders set for that date. 
 
 And the motion prevailed. 
 
 At the hour of 6 :25 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920 .] 
 
 CONSTITUTIONAL CONVENTION 
 
 169 
 
 THURSDAY, MAY 6, 1920, 9 :00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. E. C. Lumsden, of the First Metho¬ 
 dist Episcopal Church, of Dixon. 
 
 The Journal of Tuesday, May 4, having been printed and placed on 
 the desks of the Delegates, as provided under the rules, was taken up and 
 no corrections appearing, was ordered to stand approved. 
 
 Mr. Rosenberg offered the following resolution and moved its 
 
 adoption: 
 
 Resolution No. 27. 
 
 Whereas, On the 4th day of May, 1920, Almighty God in His infinite 
 wisdom summoned to her final reward, after a lifetime filled with devotion 
 to her family and kindness to all, Mrs. Bridgett O’Brien, beloved mother 
 
 of Delegate Martin J. O’Brien of the nineteenth senatorial district- there¬ 
 fore be it. 
 
 Resolved, That we, the Delegates to the Constitutional Convention ex¬ 
 tend our heartfelt sympathy to our fellow member in his bereavement- 
 and, be it further 
 
 * Res °l ve d’ That this preamble and resolution be spread on the records 
 of the Convention and that a suitably engrossed copy of the same be nre- 
 sented to Hon. Martin J. O’Brien. 
 
 The resolution was unanimously adopted by a rising vote. 
 
 Mr. Green moved that when the Convention adjourns today it stand 
 adjourned until Tuesday, May 11, 1920, at 10 :00 o’clock a. m. 
 
 And the motion prevailed. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Brandon to the chair. 
 
 And at the hour of 10:20 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the majority 
 and minority reports of the Committee on Education. 
 
 At the hour of 1:07 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr Brandon, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in 
 At the hour of 1:10 o'clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now take a recess until 4:00 o'clock p. m. 
 
 And the motion prevailed. 
 
170 
 
 JOURNAL OF THE 
 
 [May 6, 
 
 4:00 o'Clock P. M. 
 
 The hour of 4:00 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the Presi¬ 
 dent called Mr. Brandon to the chair. 
 
 And at the hour of 4:02 o’clock p. m., the Convention went into 
 Committee of the Whole for the further consideration of the majority 
 and minority reports of the Committee on Education. 
 
 At the hour of 6:57 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Brandon, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Gale moved that the Convention do now take a recess until 
 8 :00 o’clock p. m. 
 
 And the motion was lost. 
 
 At the hour of 7 :00 o’clock p. m., Mr. Brenliolt moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And in accordance with the motion heretofore adopted, the Conven¬ 
 tion stood adjourned until Tuesday, May 11, 1920, at 10 :00 o’clock a. m. 
 
1920 .] 
 
 CONSTITUTIONAL CONVENTION:. 
 
 171 
 
 TUESDAY, MAY 11, 1920, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. S. A. Matthews, of the Grace Metho¬ 
 dist Episcopal Church, of Mound City. 
 
 The Journal of Wednesday, May 5th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 Geneeal Oedees. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Brandon to the chair. 
 
 And at the hour of 10 :10 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal Yo 
 
 359. 1 
 
 At the hour of 12:17 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Brandon, from the Committee of the TV hole, having had under 
 consideration Proposals numbered 359 and 360, being the majority and 
 minority reports of the Committee on Education, reported Proposal Yo. 
 359 back, together with the following amendments thereto, to-wit: 
 
 Amend Section 1 by striking out in lines 4, 5, and 6 the words: “The 
 General Assembly shall also provide for the care and education of dependent, 
 defective, delinquent and other children requiring special consideration ” 
 
 Amend Section 4 by substituting the following: 
 
 Sec. 4. Neither the General Assembly nor any county, city, town, town¬ 
 ship, school district or other public corporation shall ever make any appro¬ 
 priation or pay from any public fund whatever, anything to any church or 
 for any sectarian purpose, or to any school, academy, seminary, college, 
 university or other literary or scientific institution controlled by any church 
 or sectarian denomination whatever, otherwise than through the power of 
 eminent domain; 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. This section shall not applv to 
 any institution which has, within two years, prior to January 1, 1920, received 
 public funds for services rendered, until fifteen years after the adoption of 
 this Constitution. 
 
 Amend by inserting a section to be known as Section 2, to read as fol¬ 
 lows : 
 
 Sec. 2. “The General Assembly shall make adequate provision for the 
 maintenance and development of the University of Illinois.” 
 
 And recommended that the Proposal, as amended, do pass. 
 
 The report of the committee was concurred in and the Proposal was 
 referred to the Committee on Phraseology and Style. 
 
172 
 
 JOURNAL OF THE 
 
 [May 11, 
 
 Mr. Lindly presented petitions from citizens of Greenville, Illinois, 
 relative to the reading of the Bible in the public schools, which was re¬ 
 ferred to the Committee on Bill of Bights. 
 
 At the hour of 12:30 o’clock p. m., Mr. Trautmann moved that the 
 Convention do now adjourn until 9 :30 o’clock a. m., tomorrow. 
 
 Whereupon Mr. L. C. Johnson moved to amend by making the hour 
 9 :00 o’clock a. m. instead of 9 :30 o’clock a. m. 
 
 And the amendment was adopted. 
 
 The question then being on the motion of Mr. Trautmann, as 
 amended, it was decided in the affirmative. 
 
 And the Convention stood adjourned until 9:00 o’clock a. m., to¬ 
 morrow. 
 
1920 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 173 
 
 WEDNESDAY, MAY 12, 1920, 9:00 O’ CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. S. A. Matthews, of the Grace Meth¬ 
 odist Episcopal Church, of Mound City. 
 
 The Journal of Thursday, May 6, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the Order of Reports of Standing 
 Committees. 
 
 Mr. Smith submitted the following report: 
 
 Your Committee on County and Township Government to which was re¬ 
 ferred Proposals numbered 12, 41, 45, 52, 59, 60, 64, 65, 83, 95, 125, 126, 127, 
 145, 150, 158, 162, 175, 176, 177, 179, 180, 187, 212, 223, 233, 290, 303, 309, 310, 
 323, also Article 10 except sections 7 and 13, of the Constitution of 1870, 
 reports the same hack with a substitute therefor, being Proposal No. 362, 
 a Proposal entitled “Counties,” and recommends that the original Proposals, 
 above enumerated, except section 9, Article 10, of the Constitution of 1870, 
 be rejected, and that the substitute Proposal No. 362, be placed on the 
 General Orders. 
 
 (Signed) A. M. Smith, 
 
 F. R. Dove, 
 
 S. W. McGuire, 
 
 Herbert F. Lill, 
 
 A. E. Taff. 
 
 George W. Hogan, 
 
 Lewis A. Jarman, 
 William S. Gray, 
 
 James Nichols, 
 
 Martin J. O’Brien, 
 
 Wm. Ganschow. 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Mr. Jarman submitted the following minority report: 
 
 This minority report concurs in the report of the Committee on County 
 and Township Government, except as to Section 6 thereof, and recommends 
 that said Section 6 be rejected and that the minority report, being Proposal 
 No. 363, be substituted therefor. 
 
 Respectfully submitted, 
 
 L. A. Jarman, 
 
 Member Committee on County and Township Government. 
 
 The minority report of the committee was ordered printed and to 
 
 lie on the table. 
 
 Mr. Stewart offered the following resolution and moved its adop¬ 
 tion : 
 
 Resolution No. 28. 
 
 Resolved, That Rule 29 of the Rules of this Convention be amended by 
 
 adding the following: 
 
174 
 
 JOURNAL OF THE 
 
 [May 12., 
 
 No delegate shall 'speak to exceed 10 minutes on any one question ex¬ 
 cept that the proponent of any question shall be entitled to speak 15 min¬ 
 utes in favor of such question and shall have five minutes in which to close 
 the debate thereon.” 
 
 Pending consideration, Mr. Goodyear moved that the resolution be 
 referred to the Committee on Pules and Procedure. 
 
 The motion prevailed. 
 
 And it was so ordered. 
 
 General Orders. 
 
 r 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Dietz to the chair. 
 
 And at the hour of 9 :25 o’clock a. m., the Convention went into 
 Committee of the Whole for the purpose of considering the several 
 reports from the Committee on Distinction Between Constitutional and 
 Legislative Subjects. 
 
 At the hour of 11:12 a. m., the Convention resumed its session. 
 
 The President presiding. 
 
 Mr. O’Brien, from the Committee of the Whole,* having had uuder 
 consideration Proposals numbered 357 and 358, reported the same back 
 and recommended that they do pass. 
 
 The report of the committee was concurred in and Proposals num¬ 
 bered 357 and 358 were referred to the Committee on Phraseology and 
 Style. 
 
 Mr. Corlett, from the Committee of the Whole, having had under 
 consideration the several reports from the Committee on Distinction Be¬ 
 tween Constitutional and Legislative Subjects, reported that the Com¬ 
 mittee of the Whole had considered separately each report from the 
 Committee on Distinction Between Constitutional and Legislative Sub¬ 
 jects and recommended that the report on Proposals numbered 15 and 
 166 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the Wdiole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole rec¬ 
 ommended that the report on Proposal jSTo. 23 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal Ho. 211 be adopted. 
 
 The question being on the adontion of the report of the Committee 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal Ho. 282 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the Whole. 
 
 It was decided in the affirmative. 
 
1920.] 
 
 CONSTITUTIONAL CONTENTION. 
 
 I D 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 284 he adopted. 
 
 The question being on the adoption of the report of the Committee 
 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 73 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 74 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the Whole, on demand of five delegates a call of the roll was had, 
 resulting as follows: Yeas, 59; nays, 17. 
 
 Those voting in the affirmative are 
 
 : Messrs. 
 
 
 Barr 
 
 Dryer 
 
 Ireland 
 
 Miller 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Taff 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Moore 
 
 Tanner 
 
 Carlstrom 
 
 Elting 
 
 Johnson, D. C. 
 
 Nichols 
 
 Todd 
 
 Chew 
 
 Gale 
 
 Johnson, W. A. Paddock 
 
 Torrance 
 
 Clarke 
 
 Garrett 
 
 Kerrick 
 
 Parker 
 
 Wall 
 
 Coolley 
 
 Gilbert 
 
 Dill 
 
 Revell 
 
 Warren 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Rinaker 
 
 Whitman 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 Shaw 
 
 Wilson 
 
 Davis 
 
 Hogan 
 
 McGuire 
 
 Shuey 
 
 Woodward 
 
 De Young 
 
 Hollenbeck 
 
 Meinert 
 
 Six 
 
 Mr. President 
 
 Dove 
 
 Hull 
 
 Mighell 
 
 Stew-art 
 
 Yeas— 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Brenholt 
 
 Fyke 
 
 Latchford 
 
 Michal 
 
 Pincus 
 
 Corcoran 
 
 Gee 
 
 Lohman 
 
 Morris 
 
 Scanlan 
 
 Dawes 
 
 Iarussi 
 
 Michaelson 
 
 O’Brien 
 
 Traeger 
 
 Dupee, E. H. 
 
 Kunde 
 
 
 
 Nays— 
 
 And the report of the Committee of the Whole was adopted. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 75 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 77 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 98 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 148 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 
 of the Whole. 
 
 It was decided in the affirmative. 
 
176 
 
 JOURNAL OF THE 
 
 [May 12, 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 157 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 186 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 202 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the Committee on Distinction Between Constitutional 
 and Legislative Subjects be granted permission to withdraw its report 
 on Proposal No. 224. 
 
 The question being on the adoption of the report of the Committee 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 Mr. Corlett further reported that the Committee of the Whole 
 recommended that the report on Proposal No. 288 be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the A hole, on demand of five delegates, a call of the roll was had, re¬ 
 sulting as follows: Yeas, 60; nays, 19. 
 
 Those voting in the affirmative are 
 
 : Messrs. 
 
 
 Barr 
 
 Dryer 
 
 Ireland 
 
 Miller 
 
 Stahl 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Stewart 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Nichols 
 
 Sutherland 
 
 Chew 
 
 Fifer 
 
 Johnson, L. C. 
 
 Paddock 
 
 Taft 
 
 Clarke 
 
 Fyke 
 
 Johnson, W. A. Parker 
 
 Tanner 
 
 Coolley 
 
 Gale 
 
 Kerrick 
 
 Revell 
 
 Todd 
 
 Corlett 
 
 Garrett 
 
 Lill 
 
 Rinaker 
 
 Torrance 
 
 Cruden 
 
 Gilbert 
 
 Lindly 
 
 Shanahan 
 
 Wall 
 
 Davis 
 
 Goodyear 
 
 Mack 
 
 Shaw 
 
 Warren 
 
 Dawes 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Whitman 
 
 De Young 
 
 Hollenbeck • 
 
 Meinert 
 
 Six 
 
 Woodward 
 
 Dove 
 
 Hull 
 
 Mighell 
 
 Sneed 
 
 Mr. President 
 Yeas— 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Brenholt 
 
 Gee 
 
 Latchford 
 
 Moore 
 
 Scanlan 
 
 Carlstrom 
 
 Hogan 
 
 Lohman 
 
 Morris 
 
 Smith 
 
 Corcoran 
 
 Iarussi 
 
 Michaelson 
 
 O’Brien 
 
 Traeger 
 
 Dupee, E. H. 
 
 Kunde 
 
 Michal 
 
 Pincus 
 
 Nays—: 
 
 And the report of the Committee of the Whole was adopted. 
 
 The Convention again proceeding on the Order of Reports of Stand¬ 
 ing Committees. 
 
 Mr. Cruden submitted the following report: 
 
 Your Committee on Suffrage, to which was re-committed Section No. 8 
 of Proposal No. 351, together with Amendment No. 13 and the substitute 
 therefor relating thereto, reports as follows: The amendments by unani¬ 
 mous vote were laid upon the table. Upon reconsideration of the subject 
 matter contained in the original Section No. 8 the committee by unanimous 
 agreement made such changes as it deemed necessary, and reports it back 
 to the Convention as Sections 8, 9 and 10, herewith appended, with the 
 further recommendation that they be adopted. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION 
 
 177 
 
 Section 8. Regular and final elections to fill offices created by this 
 Constitution, or which are or shall be established by law, shall be held on 
 the first Tuesday after the first Monday of November in each year and at 
 no other time. Special elections to fill vacancies in elective offices, except 
 as otherwise provided in this Constitution, shall be held on the day of the 
 regular election. 
 
 Section 9. When a vacancy shall happen in an elective office and the 
 unexpired term is less than fifteen months, the appointing power shall fill 
 such vacancy by appointment. When the unexpired term is fifteen months 
 or more, such vacancy shall be filled at a special election to be held on 
 the day of the first regular election occurring more than ninety days next 
 ensuing such vacancy; but a temporary appointment may be made to ex¬ 
 pire upon the qualification of the person elected at such special election. 
 
 Section 10. All election days 'shall be legal holidays. 
 
 (Signed) Wm. H. Cruden, 
 
 Andrew H. Mills, 
 
 John E. Traeger, 
 
 Hiram E. Todd, 
 
 Geo. F. Lohman, 
 
 Will Stewart, 
 
 S. W. McGuire, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Mr. Cruden moved that the report of the Committee on Suffrage 
 he taken from the table and placed on the General Orders. 
 
 And the motion prevailed. 
 
 Mr. Fyke submitted the following report: 
 
 Your Committee on Corporations and Co-operative Associations, to 
 which was referred Proposals numbered 13, 30, 49, 137, 155, 156, 157, 167, 
 168, 169, 170, 171, 172, 173, 174, 245, 256, 292, 312, 319; and Article 11, ex¬ 
 cept Section 4, and separate Section 1, of the Constitution of 1870, reports 
 the same back with a substitute therefore, being Proposal No. 364, a Propo¬ 
 sal entitled “Corporations,” and recommends that the original Proposals, 
 above enumerated, be rejected, and that the substitute Proposal No. 364, be 
 placed on the General Orders. 
 
 (Signed) Edgar E. Fyke, 
 
 Geo. F. Lohman, 
 
 Ernest Kunde, 
 
 Hiram E. Todd, 
 
 Charles J. Michal, 
 
 Chas. V. Parker, 
 
 John J. Brenholt, Jr., 
 Chas. H. Ireland, 
 
 \v m. H. Beckman, 
 
 Alvin Warren, 
 
 Rufus C. Dawes, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Mr. Elting submitted the following minority report: 
 
 The undersigned, being a minority of the members of the Committee 
 on Corporations and Co-operative Associations, herewith submit a minority 
 report of the Committee on Corporations and Co-operative Associations, 
 which does not concur in the majority report of said committee, submitted 
 herein, and recommend that the said majority report of the Committee on 
 Corporations and Co-operative Associations be rejected; and that this 
 
 —12 C J 
 
17S 
 
 JOURNAL OF THE 
 
 [May 12 , 
 
 minority report of said committee be substituted therefor and placed on the 
 General Orders, said report being Proposal No. 365. 
 
 Respectfully submitted, 
 
 Philip E. Elting, 
 
 Member of the Committee on Corporations and Co-operative Associations. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 By unanimous consent, Messrs. Hamill and Green were excused 
 from attendance at the Convention for the day. 
 
 At the hour of 11:50 o'clock a. m., Mr. Corcoran moved that the 
 Convention do now adjourn until 10:00 o’clock a. m. tomorrow. 
 
 Mr. Miller moved to amend by making the hour 9 :00 o’clock a. m., 
 instead of 10:00 o’clock a. m. 
 
 And the motion prevailed. 
 
 The question then being on the motion of Mr. Corcoran, as amend¬ 
 ed, it was decided in the affirmative. 
 
 And the Convention stood adjourned until 9 :00 o’clock a. m. to¬ 
 morrow. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 179 
 
 THURSDAY, MAY 13, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. S. A. Matthews, of the Grace Metho¬ 
 dist Episcopal Church, of Mound City. 
 
 The Journal of Tuesday, May 11, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, towit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully recommends that 
 the reports of the Committees on County and Township G-overnment and on 
 Corporations and Co-operative Associations he taken from the table and 
 placed upon the General Orders and that they he respectively considered 
 upon the conclusion of the debate on the pending supplemental report of 
 the Committ on Suffrage. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The Convention proceeding on the Order of Reports of Standing 
 Committees. 
 
 Mr. Smith submitted the following report: 
 
 The Committee on County and Township Government respectfully re¬ 
 turns to the Convention section nine (9) of Article X of the Constituiton 
 with the request that it be re-referred to the Committee on Chicago and 
 Cook County. 
 
 (Signed) A. M. Smith, Chawman. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, in conformity with the action of the Convention on 
 yesterday in adopting the report of the Committee on Distinction Be¬ 
 tween Constitutional and Legislative Subjects, re-referred the several 
 Proposals as follows: 
 
 Proposals numbered 15 and 166 to the Committee on Agriculture. 
 
 Proposal No. 23 to the Committee on Legislative Department. 
 
 Proposal No. 211 to the Committee on Legislative Department. 
 
 Proposal No. 282 to the Committee on Bill of Rights. 
 
 Proposal No. 284 to the Committee on Revenue, Taxation and Fi¬ 
 nance. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Cruden to the chair. 
 
180 
 
 JOURNAL OF THE 
 
 [May 13, 
 
 And at the hour of 9 :25 o’clock a. m. .the Convention went into 
 Committee of the Whole for the further consideration of Proposal No. 
 351. 
 
 At the hour of 1:32 o’clock p. m. the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Cruden, from the Committee of the Whole, having had under 
 consideration Proposal No. 351, being the Suffrage Proposal, reported 
 the same back together with the following amendments thereto, towit: 
 
 Amend section 6 by adding after the word “appointment” the following: 
 “or who is unable to read and write the English language.” 
 
 Amend Proposal No. 351 by striking out all of section 7 of the printed 
 Proposal and substituting in lieu thereof the following: 
 
 Section 7. No idiot or person adjudged insane, or person convicted of 
 any infamous crime, shall be entitled to the privilege of an elector, unless 
 restored to civil rights. 
 
 Amend section 8 by substituting in lieu thereof the following: 
 
 Section 8. Except as otherwise provided by General Law concurred in 
 by two-thirds of the members elected to each branch of the General Assem¬ 
 bly, and passed after January 1, 1927, all regular final elections to fill offices 
 created by this Constitution, or which are or may be established by law, 
 shall be held on the first Tuesday after the first Monday in November in 
 each year and at no other time. Special elections to fill vacancies in elective 
 offices, except as otherwise provided in this Constitution, shall be held on 
 the day of the regular election. 
 
 Amend Proposal No. 351, sections 9, 10 and 11 thereto as follows: 
 
 Section 9. When a vacancy shall happen in an elective office and the 
 unexpired term is less than fifteen months, the appointing power shall fill 
 such vacancy by appointment. When the unexpired term is fifteen months 
 or more, such vacancy shall be filled at a special election to be held on the 
 day of the first regular election occurring more than ninety days next ensu¬ 
 ing such vacancy; but a temporary appointment may be made to expire 
 upon the qualification of the person elected at such special election. 
 
 Section 10. All regular final election days shall be legal holidays. 
 
 Section 11. The General Assembly may pass laws conducive to the full 
 exercise of the right of suffrage by all persons possessing such right. 
 
 And recommended that the Proposal, as amended, do pass. 
 
 The report of the committee was concurred in and the Proposal re¬ 
 ferred to the Committee on Phraseology and Style. 
 
 The Convention again proceeding on the Order of Reports of Stand¬ 
 ing Committees. 
 
 Mr. O’Brien submitted the following report: 
 
 Your Committee on Miscellaneous Subject, to which was referred Pro¬ 
 posals Nos. 195, 314, 315, 342 and 333, beg leave to report the same back 
 with recommendation that they be rejected. 
 
 Respectfully submitted, 
 
 (Signed) Martin J. O’Brien, 
 
 H. W. Meinert, 
 
 Rodney H. Brandon, 
 
 E. B. Coolley, 
 
 Watts A. Johnson, 
 
 Wm. T. Hollenbeck, 
 
 M. A. Michaelson, 
 Herbert T. Lill, 
 
 Committee. 
 
1920.j 
 
 CONSTITUTIONAL CONVENTION. 
 
 181 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 At the hour of 1:35 o'clock p. m. Mr. Shanahan moved that the 
 Convention do now adjourn until Tuesday, May 18, 1920, at 10.00 
 
 o'clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
182 
 
 JOURNAL OF THE 
 
 [May 18, 
 
 i TUESDAY, MAY 18, 1920, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 Mr. Shanahan, President pro tern, presiding. 
 
 Prayer was offered by the Eev. J. W. Ferris, of the First Methodist 
 Episcopal Church, of Carthage. 
 
 The Journal of Wednesday, May 12th, having been printed and 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 pro tern called Mr. Smith to the chair. 
 
 And at the hour of 10:10 o'clock a. m., the Convention went 
 into Committee of the Whole for the purpose of considering the majority 
 and minority reports of the Committee on County and Township Gov¬ 
 ernment, being Proposals numbered 362 and 363. 
 
 At the houi of 6 .22 o clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 Mr. Shanahan, President pro tern, presiding. 
 
 Mr. Smith, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 6 :25 o'clock p. m., Mr. Brenholt moved that the 
 Contention do now adjourn until 9:00 o'clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 183 
 
 WEDNESDAY, MAY 19, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. . _ , n T 
 
 Praver was offered by the Rev. S. A lllis McFadden, of the \ est- 
 
 minster Presbyterian Church, of Springfield. 
 
 The Journal of Thursday, May 13th, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the Order of Reports of Standing 
 
 Committees: 
 
 Mr. Shanahan submitted the following report: 
 
 Your Committee on Legislative Department to which was referred Sec¬ 
 tions 1, 2, 3, 4, 5, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 
 24 25 27, 28, 30, 31, 32, 33 of Article 4, reports the same hack in the form ol 
 a substitute, being Proposal No. 366, “A Proposal relative to the Legislative 
 Department,” and recommends that the original sections, abo\ e enumerate , 
 as amended and reported herewith as Proposal No. 366, be placed on the 
 
 General Orders. _ „ 
 
 (Signed) David E. Shanahan, 
 
 John E. Traeger, 
 
 Geo. P. Latchford, 
 Cicero J. Lindly, 
 Joseph W. Fifer, 
 Morton D. Hull, 
 
 Frank J. Quinn, 
 
 Tiios. Rinaker, 
 
 James H. Paddock, 
 Edward H. Morris, 
 
 H. M. Dunlap, 
 
 George A. Barr, 
 
 Lee Migiiell, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Smith to the chair. 
 
 And at the hour of 9 :20 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the majority 
 and minority reports of the Committee on County and Township Govern¬ 
 ment, being Proposals numbered 362 and 363. 
 
 At the hour of 6:27 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Smith, from the Committee of the Whole, reported flint the 
 committee had made progress and asked leave to sit again. 
 
184 
 
 JOURNAL OF THE 
 
 [May 19, 
 
 And the report of 1 the committee was concurred in. 
 
 The Convention again proceeding on the Order of Reports of Stand¬ 
 ing Committees. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 The Committee on Miscellaneous Subjects, having filed its report recom¬ 
 mending that Proposals numbered 195, 314, 315, 342, and 333 be rejected, and 
 said report having been ordered to lie on the table and be printed. 
 
 Your Committee on Rules and Procedure recommends that said report 
 of the Committee on Miscellaneous Subjects be taken from the table and 
 placed on the General Orders. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure recommends that Proposal No. 
 366, reported by the Committee on Legislative Department, be taken from the 
 table and placed on the General Orders. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 At the hour of 6 :30 o'clock p. m., Mr. Shanahan moved that the 
 Convention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 185 
 
 THURSDAY, MAY 20, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. J. W. Ferris, of the First Methodist 
 Episcopal Church, of Carthage. 
 
 The Journal of Tuesday, May 18th, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the Order of Reports of Standing 
 
 Committees. 
 
 Mr. Dove submitted the following majority report: 
 
 Your Committee on Initiative, Referendum and Recall to which was 
 referred Proposals numbered 133, 209, 230, 313, and 318, reports the same 
 back with a substitute therefor, being Proposal No. 367, a Proposal providing 
 for a legislative Initiative and Referendum, hereto attached, and recom¬ 
 mends that the original Proposals, above enumerated, be rejected, and that 
 the substitute Proposal No. 367 be placed on the General Orders. 
 
 (Signed) Oscar E. Carlstrom, 
 
 E. D. Potts, 
 
 Ernest Kunde, 
 
 James D. Jack, 
 
 (signed for purpose of bringing the subject before the Convention for 
 consideration), 
 
 Geo. P. Latchford, 
 
 Thomas F. Frole, 
 
 Oscar Wolff, 
 
 Edward J. Corcoran, 
 
 (signed for purpose of getting on the floor and reserving the right to 
 introduce minority report), 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Mr. Dove submitted the following minority report: 
 
 A minority of your Committee on Initiative, Referendum and Recall, 
 recommends that no Proposal or provision for the Initiative, Referendum 
 and Recall be incorporated in the Constitution of 1920. 
 
 (Signed) A. H. Mills, 
 
 T. C. Kerrick, 
 
 S. W. McGuire, 
 
 A. E. Taff, 
 
 A. F. Goodyear, 
 
 Geo. A. Dupuy, 
 
 F. R. Dove, 
 
 Committee. 
 
 The minority report was ordered printed and to lie on the table. 
 Mr. Corcoran, from the Committee on Initiative, Referendum and 
 Recall, submitted a further minority report, being Proposal No. 368, 
 and recommended that it be placed on the General Orders. 
 
 The minority report was ordered printed and to lie on the table. 
 
186 
 
 JOURNAL OF THE 
 
 [May 20, 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Smith to the chair. 
 
 And at the hour of 9 :35 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal No. 
 362. 
 
 At the hour of 3 :33 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Smith, from the Committee of the Whole, having had under 
 consideration Proposals numbered 362 and 363, being the majority and 
 minority reports of the Committee on County and Township Govern¬ 
 ment, reported Proposal No. 362 back, together with the following 
 amendments thereto, to-wit: 
 
 Amend section 2 by striking out the first four lines and substituting in 
 lieu thereof the following: 
 
 Section 2. No county shall be divided nor any territory be added to* 
 or taken from any county, unless such question shall be submitted to a vote 
 of the people of each county affected and a majority of the electors of each 
 county affected voting on the question shall vote for the same. 
 
 Amend section 6 by substituting in lieu thereof the following: 
 
 Section b. 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, 1922, and every four years thereafter: a County Clerk, 
 who shall also be Clerk of the County Court; a County Treasurer, who 
 shall be ex-officio Collector of Taxes, and a Sheriff; and at the general elec¬ 
 tion to be held on the Tuesday after the first Monday in November, 1924, 
 and every four years thereafter: a Coroner; a Clerk of the Circuit Court, 
 who shall be ex-officio recorder of deeds in counties having less than 60,000 
 inhabitants, and a recorder of deeds in counties having 60,000 and more 
 inhabitants. There shall also be a County Assessor, who 'shall be selected 
 as the General Assembly may direct. Provided, that no person having 
 once been elected to the office of Treasurer shall be eligible to said office 
 for four years after the expiration of the term for which he shall have been 
 elected. 
 
 Amend section 8 by inserting in line 2, after the word “laws” the words 
 “uniform as to classes of counties.” 
 
 Amend section 12 by substituting in lieu thereof the following: 
 
 Section 12. County authorities shall never assess taxes the aggregate 
 of which shall exceed seventy-five cents per one hundred dollars valuation, 
 unless authorized by a vote of the people of the county; but if the General 
 Assembly shall provide that the county shall be the unit for the levy and 
 collection of taxes for road and bridge purposes, then county authorities 
 may assess an additional tax for the construction, improvement and main¬ 
 tenance of public highways and bridges, which additional tax shall not ex¬ 
 ceed seventy-five cents per one hundred dollars valuation unless authorized 
 by a vote of the people of the county. 
 
 Amend section 13 by substituting in lieu thereof the following: 
 
 Section 13. The General Assembly shall have authority to enact laws 
 providing for the construction ajid improvement of public roads and high¬ 
 ways in part by special assessments to be levied upon the property benefited 
 by such construction and improvement whether such construction and im¬ 
 provement lie within one township or county or two or more townships or 
 counties. Provided, that such laws shall contain provisions that all such 
 construction and improvements shall be initiated by a petition signed by 
 a majority of the owners of the lands proposed to be subjected to such spe¬ 
 cial assessment, who shall be the owners of not less than one-third in area 
 of the same lands. 
 
CONSTITUTIONAL CONVENTION. 
 
 187 
 
 1920.] 
 
 And recommended that the Proposal, as amended, do pass. 
 
 The report of the committee was concurred in and the Proposal 
 referred to the Committee on Phraseology and Style. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the Presi¬ 
 dent called Mr. Fyke to the chair. 
 
 And at the hour of 3 :35 o’clock p. m., the Convention went into 
 Committee of the Whole for the purpose of considering the majority 
 and minority reports of the Committee on Corporations and Co-opera¬ 
 tive Associations, being Proposals numbered 364 and 365. 
 
 At the hour of 6 :25 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Fyke, from the Committee of the Whole, reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 6 :30 o’clock p. m., Mr. Green moved that the 
 Convention do now adjourn until Tuesday, May 25, 1920, at 10.00 
 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
188 
 
 JOURNAL OF THE 
 
 [May 25, 
 
 TUESDAY, MAY 25, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. John EL Ryan, of the Methodist 
 Episcopal Church, of Kankakee. 
 
 The Journal of W ednesday, May 19th, having been printed and 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Fyke to the chair. 
 
 And at the hour of 10 :10 o’clock a. m., the Convention went into 
 Committee of the Whole for the purpose of further considering the ma¬ 
 jority and minority reports of the Committee on Corporations and Co¬ 
 operative Associations, being Proposals numbered 364 and 365. 
 
 At the hour of 6 :43 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Fyke, from the Committee of the Whole, reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 6 :45 o’clock p. m., Mr. Shanahan moved that the 
 Convention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 189 
 
 WEDNESDAY, MAY 26, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. John H. Ryan, of the Methodist 
 Episcopal Church, of Kankakee. 
 
 The Journal of Thursday,, May 20th, having been printed and 
 placed on the desk of the delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 The Convention proceeding on the Order of Peports of Standing 
 
 Committees. 
 
 Mr. Hamill submitted the following report: 
 
 Your Committee on Phraseology and Style, to which was referred a Pro¬ 
 posal to provide for the Militia (Intr. No. 339, Ref. No. 2) as amen e i 
 C ommittee of the Whole, respectfully reports that it has considered said Pro¬ 
 posal and recommends that the following amendments he made therein; 
 
 P 1. In line 5 of section 1, of Ref. No. 2, strike out the word provided 
 
 after the words “of this State.” 
 
 2 In line 5 of said section, strike out the word shall after the words 
 “no person” and add the word “shall” in the sixth line of said section be¬ 
 tween the words “arms” and “be.” , 
 
 3. In line 6 of said section, after the word “exempted and before the 
 
 word “from” add the words “by the laws of this State.” <{ 
 
 4. In line 7 of said section insert the word “any” before the word mill- 
 
 tary 
 
 5. In lines 7 and 8 of said section, strike out the words “in any capacity 
 that the Governor shall declare to be non-combatant” and insert m lieu 
 thereof “declared by the Governor to he non-combatant. 
 
 6. In line 1 of section 4 before the initial word “The ’ insert the words 
 “members of.” After the initial word “The” insert the word “organized. 
 
 7. In line 2 of section 4 at the end thereof, after the word “and insert 
 
 the word “military.” „ , 
 
 8 In line 1 of section 4, after the word “militia” and before the word 
 
 “in,” strike out the word “shall,” and in line 2 of said section 4 after the 
 word “peace” and before the word “be,” insert the word “shall.” 
 
 9 In line 2 of section 4 after the word “at” and before the word mus¬ 
 ters” insert the words, “and in going to and returning from,” and m line 3 
 of said section 4 strike out the words, “and in going to and returning from 
 
 10. In lines 2, 3 and 4 of section 5 strike out the words “and it shall 
 be the duty of the General Assembly to provide by law for the safe keeping 
 of. the same;” in line 2 of said section 5, after the word “preserved” ancl 
 before the word “as,” insert the words “and safely kept;” and in line 2 ol 
 said section 5, after the words “valor of” and before the word “Illinois, ’ in¬ 
 sert the words “the men of.” . .. . , 
 
 Your Committee on Phraseology and Style have thought it inexpedient 
 
 on the first reference to this committee to attempt a comparison of each sep¬ 
 arate Article with the corresponding Article in the original instrument evi¬ 
 dencing the Constitution of 1870, because of the inconvenience which would 
 be so occasioned to the Secretary of State, the custodian of that instrument. 
 Such comparison will be made by your committee on the final reference. 
 The draft of the Article now under consideration which same to your Com* 
 
190 
 
 JOURNAL OF THE 
 
 mittee on Phraseology and Style has been compared with the existing Con¬ 
 stitution, as it appears in a copy printed under the authority of the State in 
 1917. Such comparison shows some departures in punctuation and in sec¬ 
 tion 1 a change of the figures “18” and “45” to the words “eighteen” and 
 “forty-five.” Your committee recommends that the punctuation of the ex¬ 
 isting Constitution be preserved and the words “eighteen” and “forty-five” 
 of the Proposal retained. 
 
 (Signed) Charles H. Hamill, 
 
 Eugene H. Dupee, 
 
 C. H. T. Moore, 
 
 Elam L. Clarke, 
 
 H. E. Torrance, 
 
 Thos. Rinaker, 
 
 George A. Barr, 
 
 Committee. 
 
 The report of the committee was ordered printed and Proposal ISTo. 
 339 was placed on the order of second reading. 
 
 Messrs. Fyke, McEwen and Dryer presented several petitions from 
 citizens of Effingham, Cook and Montgomery counties, respectively, rela¬ 
 tive to the reading of the Bible in the public schools, all of which were 
 referred to the Committee on Bill of Eights. 
 
 The President announced the appointment of Mr. Taff as a member 
 of the Committee on Schedule, vice Mr. Curtis. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Fyke to the chair. 
 
 And at the hour of 9:15 o’clock a. m., the Convention went into 
 Committee of the Whole for the purpose of further considering the 
 majority and minority reports of the Committee on Corporations and 
 Co-operative Associations, being Proposals numbered 364 and 365. 
 
 At the hour of 12:35 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Fyke from the Committee of the Whole having had under con¬ 
 sideration Proposals numbered 364 and 365, being the majority and 
 minority reports of the Committee on Corporations and Co-operative 
 Associations, reported Proposal ISTo. 364 back, together with the follow¬ 
 ing amendments thereto, to-wit: 
 
 Amend section 1 by substituting in lieu thereof the following: 
 
 Section 1. No corporation shall be created by special laws, or its char¬ 
 ter extended, changed, or amended, except those for charitable, educational, 
 penal or reformatory purposes, which are to be and remain under the patron¬ 
 age and control of the State, but the General Assembly shall provide by gen¬ 
 eral laws, for the organization of all corporations hereafter to be created. 
 
 Amend section 2 by adding at the end thereof the following: 
 
 “But provision may be made by law for the issuance of classes of stock 
 with restricted, or without any, voting power and every certificate of stock 
 shall show on its face its voting or non-voting character.” 
 
 Amend section 3 by striking out all of lines 4 to 9 inclusive, except 
 the word “created” in said line 4. 
 
 Amend section 4 by striking out lines 6, 7, 8, 9 and 10. 
 
 Amend Proposal No. 364 by striking out section No. 5. 
 
CONSTITUTIONAL CONVENTION. 
 
 191 
 
 1920 .] 
 
 Amend section 8 by substituting in lieu thereof section 1 of the separate 
 
 sections of the Constitution of 1870, to-wit: 
 
 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 Februaiy tenti, 
 in the year of our Lord one thousand eight hundred and fifty-one, 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 appro¬ 
 priated and set apart for the payment of the ordinary expenses of the State 
 Government, and for no other purpose whatever. 
 
 Amend Proposal No. 364 by adding a new section thereto to be known as 
 
 section 9, to-wit: , 
 
 Section 9. 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. 
 
 Amend Proposal No. 364 by adding a new section thereto to be known 
 
 as section 10, to-wit: 
 
 Section 10. The General Assembly shall pass laws to correct abuses and 
 prevent unjust discrimination and extoriton in the rates of freight and pas¬ 
 senger tariffs on the different railroads in this State, and enforce such laws, 
 by adequate penalties, to the extent, if necessary, for that purpose, of for¬ 
 feiture of their property and franchises. 
 
 And recommended that the Proposal, as amended, do pass. 
 
 The report of the committee was concurred in and the Proposal re¬ 
 ferred to the Committee on Phraseology and Style. 
 
 Mr. Fyke further reported that the Committee of the Whole recom¬ 
 mended that Section 14 of the minority report be referred to the Com¬ 
 
 mittee on Bill of Rights. 
 
 An d the report of the committee was concurred in. 
 
 At the hour of 12 :45 o’clock p. m., Mr. Trautmann moved that the 
 Convention do now take a recess until 4:00 o’clock p. m. 
 
 And the motion prevailed. 
 
 4:00 o'Clock P. M. 
 
 The hour of 4:00 o’clock p. m. having arrived the Convention re¬ 
 sumed its sessions. 
 
 The President presiding. 
 
 The Convention again proceeding on the General Orders, the 
 President called Mr. Shanahan to the chair. 
 
 And at the hour of 4:03 o’clock p. m. the Convention went into 
 Committee of the Whole for the consideration of matters on the General 
 Orders. 
 
 At the hour of 6:37 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Shanahan, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
192 
 
 JOURNAL OF THE 
 
 [May 26 , 
 
 Mr. Shanahan further reported that the committee of the Whole 
 recommended that the amendments offered by Mr. Michal to Proposal 
 No. 366 be referred to the Committee on Legislative Department. 
 
 The question being on the adoption of the report of the committee, 
 it was decided in the affirmative. 
 
 The Convention again proceeding on the Order of Reports of 
 Standing Committees. 
 
 Mr. Trautmann submitted the following report: 
 
 Your Committee on Executive Department, to which was referred Pro* 
 Posals Nos. 7, 33, 42, 194, 259, 283, 316 and 320; also Article 5 of the Con¬ 
 stitution of 1870, and 'section 13 of Article 10 of the Constitution of 1870, 
 reports the same back with a substitute therefor, being Proposal No. 369, a 
 Proposal entitled “Executive Department,” and recommends that the original 
 Proposals above enumerated be rejected, and that the substitute Proposal No. 
 369 be placed on the General Orders. 
 
 (Signed) Wm. E. Trautmann, 
 
 Frederic R. DeYoung, 
 
 Charles S. Cutting, 
 
 George W. Hogan, 
 
 Lawrence C. Johnson, 
 
 Henry I. Green, 
 
 Rollo Six, 
 
 J. Mack Tanner, 
 
 G. Gale Gilbert, 
 
 E. H. Brewster, 
 
 Cyrus E. Dietz, 
 
 Amos C. Miller, 
 
 Frank S. Whitman, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. Trautmann submitted the further report: 
 
 Your Committee on Executive Department further reports that there 
 should be submitted to the people of the State of Illinois to be separately 
 voted on the following section, which if adopted shall become an addition to 
 section 1, Article V of the Constitution of 1920. 
 
 This is Proposal No. 370 and we recommend that Proposal No. 370 be 
 placed on the General Orders. 
 
 (Signed) Wm. E. Trautmann, 
 
 Frederic R. DeYoung, 
 
 Charles S. Cutting, 
 
 G. Gale Gilbert, 
 
 Henry I. Green, 
 
 Frank S. Whitman, 
 
 Cyrus E. Dietz, 
 
 Lawrence C. Johnson, 
 
 Amos C. Miller, 
 
 E. H. Brewster, 
 
 Rollo Six, 
 
 George W. Hogan, 
 
 J. Mack Tanner, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 At the hour of 6:40 o’clock p. m., Mr. Hamill moved that the 
 Cenvention do now adjourn until 9 :00 o’clock a. m. ; tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
194 
 
 JOURNAL OF THE 
 
 [May 27, 
 
 THURSDAY, MAY 27, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. John H. Ryan, of the Methodist 
 Episcopal Church, of Kankakee. 
 
 The Journal of Tuesday, May 25th, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Depoet. 
 
 Your Committee on Rules and Procedure recommends that Proposal No. 
 369 reported by the Committee on Executive Department, he taken from the 
 table and placed on the General Orders for consideration in Committee of 
 the Whole. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 Mr. Brenholt presented a petition from citizens of Madison county 
 relating to the reading of the Bible in the Public Schools which was re¬ 
 ferred to the Committee on Bill of Rights. 
 
 The Convention proceeding on the Order of Proposals on Second 
 Reading. 
 
 The report of the Committee on Phraseology and Style on Proposal 
 Ko. 339, a. Proposal to provide for the militia, was taken up. 
 
 And the question being on the adoption of the amendments proposed 
 to section 1, by the Committee on Phraseology and Style, Mr. Hamill 
 moved that the same be adopted. 
 
 And the motion prevailed. 
 
 Mr. Cruden moved to amend the Proposal by striking out all of sec¬ 
 tion 2. 
 
 And on that motion a division was had resulting as follows: Yeas, 
 34; na} r s, 29. 
 
 The motion prevailed and section 2 was stricken out. 
 
 The amendments to section 4 proposed by the Committee on Phrase¬ 
 ology and St}de being taken up, Mr. Hamill moved their adoption. 
 
 And the motion prevailed. 
 
 The amendments to section 5 proposed by the Committee on Phrase- 
 olog} r and Style being taken up, Mr. Hamill moved their adoption. 
 
 And the motion prevailed. 
 
 The Proposal was then taken up and read at large, as amended, and 
 the question being, “Shall the Proposal pass,” a call of the roll was had 
 resulting as follows: Yeas, 54; nays, 15. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION, 
 
 195 
 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Brewster 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corcoran 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Dawes 
 
 De Young 
 
 Those 
 
 Brenholt 
 
 Carlstrom 
 
 Elting 
 
 Dove 
 
 Dryer 
 
 Dunlap 
 
 Gale 
 
 Goodyear 
 
 Gorman 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hollenbeck 
 
 Hull 
 
 voting in the 
 
 Ganschow 
 
 Gee 
 
 Hogan 
 
 Ireland 
 Jack 
 
 Johnson, W. 
 
 Kunde 
 
 Latchford 
 
 Lindly 
 
 McEwen 
 
 McGuire 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 negative are: 
 
 Jarman 
 
 Kerrick 
 
 Lohman 
 
 Moore 
 Morris 
 
 A. Nichols 
 O’Brien 
 Paddock 
 Quinn 
 Revell 
 Rinaker 
 Shanahan 
 Shuey 
 Smith 
 
 Messrs. 
 
 Mack 
 
 Michaelson 
 
 Michal 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tanner 
 
 Todd 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Whitman 
 
 Mr. President 
 
 Yeas—54. 
 
 Parker 
 
 Rosenberg 
 
 Six 
 
 Yeas—15. 
 
 The Proposal having received the votes of a majority of the dele¬ 
 gates elected was declared passed. 
 
 The Proposal was then re-referred, under the rules, to the Commit¬ 
 tee on Phraseology and Style for action as provided by Pule 20. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Shanahan to the chair. 
 
 And at the hour of 9 :15 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal A o. 
 
 366. ., 
 
 At the hour of 11:37 o’clock a. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. _ , ,, 
 
 Mr. Shanahan, from the Committee of the Whole, reported that the 
 
 Committee had made progress and asked leaie to sit again. 
 
 Mr. Shanahan further reported that the Committee ot the Whole 
 recommended that section 30 be recommitted to the C ommittee on Legis¬ 
 lative Department. J .,, 
 
 The question being on the adoption of the report of the committee, 
 
 it was decided in the affirmative. 
 
 At the hour of 11:40 o’clock a. m., Mr. Trautmann moved that the 
 Convention do now adjourn until Tuesday, June 1, 1920, at 10:00 
 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
196 
 
 JOURNAL OF THE 
 
 [June 1, 
 
 TUESDAY, JUKE 1, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Pev. David McMeekin Conn, of the First 
 Presbyterian Church, of Sparta. 
 
 The Journal of Wednesday, May 26th, having been printed and 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up and no corrections appearing was ordered to 'stand approved. 
 
 Mr. El ting presented several petitions from citizens of Carbondale 
 and Kirkwood, relating to the reading of the Bible in the public schools, 
 which were referred to the Committee on Bill of Rights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Shanahan to the chair. 
 
 And at the hour of 10:10 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal Ko. 
 366. 
 
 At the hour of 7 :03 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Shanahan, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 The Convention again proceeding on the order of Reports of Stand¬ 
 ing Committees. 
 
 Mr. Shanahan submitted the following report: 
 
 Your Committee on Legislative Department, to which was referred Pro¬ 
 posal No. 211, a proposal to provide for public employment control and for 
 the classification of certain positions in the public service, reports the same 
 hack with the recommendation that same be rejected for the reason that it 
 is considered legislative matter. 
 
 (Signed) D. E. Shanahan, Lee Mighell, 
 
 Geo. P. Latchfoed, Thos. Stahl, 
 
 John E. Traegeb, Thos. Rinaker, 
 
 M. D. Hull, James H. Paddock, 
 
 Cicero J. Lindly, Joseph W. Fifer, 
 
 H. M. Dunlap, Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 The President, as chairman, laid before the Convention the following 
 report from the Committee on Rules and Procedure, to-wit: 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 19? 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure recommends tliat Proposal No. 
 361, reported by the Committee on Agriculture, be taken from the table and 
 placed on General Orders for consideration in the Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 It was decided in the affirmative. 
 
 At the hour of 7 :05 o’clock p. m., Mr. Brenholt moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
198 
 
 JOUENAL OF THE 
 
 [June 2, 
 
 WEDNESDAY, JUNE 2, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Bev. David McMeekin Conn, of the First 
 Presbyterian Church, of Sparta. 
 
 The Journal of Thursday, May 27th, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing was ordered to stand approved. 
 
 Mr. McGuire presented several petitions from citizens of Bandolph 
 and Jackson counties relating to the reading of the Bible in the public 
 schools, which were referred to the Committee on Bill of Bights. 
 
 Mr. Ganschow presented several petitions from citizens of Cook 
 county relating to the reading of the Bible in the public schools, which 
 were referred to the Committee on Bill of Bights. 
 
 Mr. DeYoung presented several petitions from citizens of Cook 
 county relating to the reading of the Bible in the public schools, which 
 were referred to the Committee on Bill of Bights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Trautmann to the chair. 
 
 And at the hour of 9 :20 o’clock a. m., the Convention went into 
 Committee of the Whole for the purpose of considering the two reports 
 from the Committee on Executive Department, being Proposals num¬ 
 bered 369 and 370. 
 
 At the hour of 6 :27 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Trautmann, from the Committee of the Whole, reported that 
 the committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 The Convention again proceeding on the Order of Beports of Stand¬ 
 ing Committees: 
 
 Mr. Shanahan submitted the following reports : * 
 
 Your Committee on Legislative Department, having heretofore re¬ 
 ported, in part, Proposal No. 366, now further reports sections 6, 7 and 
 8 of said Proposal as a majority report and recommends that they be 
 placed on the General Orders for consideration in Committee of the 
 Whole as a part of Proposal No. 366. 
 
 Hon. D. E. Shanahan, Chairman: 
 
 The undersigned, Sub Committee on Legislative Apportionment, com¬ 
 posed of down State members of your committee, respectfully report the fol¬ 
 lowing proposal on that subject to be reported to the Convention, to-wit- 
 
CONSTITUTIONAL CONVENTION. 
 
 199 
 
 1920.] 
 
 Section 6. The General Assembly shall apportion the State every ten 
 years, beginning with the year 1921, into fifty-one Senatorial districts, each 
 of which shall elect one Senator, whose term of office shall be four years, and 
 the basis of Senatorial apportionment shall be the number of electors who 
 voted at the last regular election at which a Governor was elected previous 
 to the apportionment. 
 
 The territory now constituting the County of Cook shall be divided by 
 the General Assembly into nineteen Senatorial districts and the number of 
 such electors in that territory shall be divided by the number nineteen, and 
 the quotient shall be the ratio of representation in the Senate for that ter¬ 
 ritory. 
 
 The territory now constituting the remainder of the State shall be 
 divided by the General Assembly into thirty-two Senatorial districts, and 
 the number of such electors in that territory shall be divided by the number 
 thirty-two, and the quotient shall be the ratio of representation in the Senate 
 for that territory. 
 
 When a county contains two or more ratios of the territory it shall be 
 divided by the General Assembly into as many senatorial districts as it has 
 of such ratios. Districts in counties so divided shall be bounded by precinct 
 lines all other Senatorial districts shall be bounded by county lines. 
 
 All Senatorial districts shall be formed of compact and contiguous terri¬ 
 tory, and the districts in each territory shall contain, as nearly as practica¬ 
 ble, an equal number of such electors, but in no case less than four-fifths of 
 
 the ratio for that territory. . , „ 
 
 Senators shall be so elected that the term of those now in office shall 
 not be disturbed. They shall be divided into two classes, so that one-half, 
 as nearly as practicable, shall be chosen biennially. 
 
 Section 7. Members of the House of Representatives shall be elected for 
 the term of two years, one from each county or district. 
 
 The State shall be reapportioned at the session of the General Assembly 
 
 next after each Decennial Federal Census. 
 
 Each county shall be entitled to one Representative in the House of 
 Representatives, and, by the first apportionment hereunder it shall also be 
 entitled to one other Representative for each fifty thousand of its population 
 as ascertained by such census for the year 1920, as the unit of repi csentation 
 
 by population. , , ■ 
 
 The representation of each county, as fixed by any apportionment, shall 
 not be thereafter reduced, and additional representation by population shall 
 be apportioned to each county, but shall be based only on its inci eased popu¬ 
 lation above that required for the last preceding apportionment, and the unit 
 of representation shall be doubled at each succeeding apportionment. 
 
 Every ten years, beginning with the year A. D. 1921, each county enti¬ 
 tled to more than one Representative, shall be divided by the General As¬ 
 sembly into as many Representative districts as there are Representatives, 
 to be elected from such county. Such districts shall be formed of compact 
 and contiguous territory bounded by precinct lines, and contained as nearly 
 as practicable, an equal number of inhabitants, but in no case less than four- 
 fifths of the quotient resulting from dividing the population of that county 
 by the number of representatives to which it is entitled. 
 
 Section 8. In case the General Assembly fail to make an apportionment 
 at its first session following the taking of the Decennial Federal Census, it 
 shall be the duty of the Secretary of State, Auditor of Public Accounts, and 
 Attorney General to meet at the office of the Governor and make an appor¬ 
 tionment in accordance herewith within ninety days after the adjoin nment 
 
200 
 
 JOURNAL OF THE 
 
 [June 2 , 
 
 or dissolution of such session of the General Assembly, and file the same in 
 the office of the Secretary of State, whereupon it shall become effective. 
 
 (Signed) George A. Barr, 
 
 G. H. Stahl, 
 
 H. M. Dunlap, 
 
 James A. Paddock, 
 Thos. Rinaker, 
 
 Lee Mighell, 
 
 Joseph W. Fifer, 
 Cicero J. Lindly, 
 
 Committee. 
 
 Your Committee on Legislative Department submits the following minor¬ 
 ity report on sections 6, 7 and 8 of Proposal No. 366 and recommends that it 
 be placed on the General Orders for consideration in the Committee of the 
 Whole as part of Proposal No. 366. 
 
 (Signed) D. E. Shanahan, 
 
 Geo. P. Latchford, 
 
 John E. Traeger, 
 Morton D. Hull, 
 
 Committee. 
 
 APPORTIONMENT. 
 
 Senatorial. 
 
 Section 6. The General Assembly shall apportion the State every ten 
 years, beginning with the year 1921, by dividing the population of the State, 
 as ascertained by the Federal census, by the number fifty-one, and the quo¬ 
 tient shall be the ratio of representation in the Senate. The State shall be 
 •divided into fifty-one Senatorial districts, each of which shall elect one Sen¬ 
 ator, whose term of office shall be four years. Senators from the districts 
 hearing odd numbers shall be elected in the year 1922, and Senators from the 
 districts bearing even numbers shall be elected in the year 1921f. Senatorial 
 districts shall be formed of contiguous and compact territory, bounded by 
 county lines, and contain, as nearly as practicable, an equal number of in¬ 
 habitants; but no district shall contain less than four-fifths of the Senatorial 
 ratio. Counties containing not less than the ratio and three-fourths shall 
 be divided into separate districts and shall be entitled to two Senators and 
 to one additional Senator for each number of inhabitants equal to the ratio 
 contained by such counties in excess of twice the number of said ratio. 
 
 Representative. 
 
 Section 7. The General Assembly shall apportion the State every ten 
 years, beginning with the year 1921, by dividing the population of the State, 
 as ascertained by the Federal census, by the number one hundred fifty^ 
 three, and the quotient shall be the ratio of representation in the House of 
 Representatives. The State shall be divided into one hundred and fifty-three 
 Representative districts, each of which shall elect one Representative, whose 
 term of office shall be two years. Representative districts shall be formed of 
 contiguous and compact territory, bounded by county lines, and contain, as 
 nearly as practicable, an equal number of inhabitants ,* but no district shall 
 contain less than four-fifths of the Representative ratio. Counties contain¬ 
 ing not less than the ratio and three-fourths shall be divided into separate\ 
 districts and shall be entitled to two Representatives and to one additional 
 Representative for each number of inhabitants equal to the ratio contained 
 l)y such counties in excess of twice the number of said ratio. 
 
 Section 8. If the General Assembly shall fail, neglect or refuse to make 
 any apportionment required by this Constitution, it shall be the duty of the 
 Hover nor, Secretary of State and Attorney General, unthin sixty days after 
 the adjournment of the regular session of the General Assembly upon which 
 
CONSTITUTIONAL CONVENTION. 
 
 201 
 
 '920 ] --- 
 
 h rhitu devolved to apportion the State in accordance with the requii e- 
 ments of this Article, and the Governor shall make official announcement of 
 ZZ apportionment under the great seal of the State. Apportionments so 
 , obnii ?)p a <? effective as if made by the General Assembly. 
 
 “VrGuilin'hrfmthe^Committee on Legislative Department flies a min¬ 
 ority repo^ sections 6, 7 and 8 of Proposal No. 366 as hereinafter set 
 
 £crt The maioritv report agreed to fails to provide for proportionate repre¬ 
 sentation for minorities, and seeks to limit the representation of Cook county 
 
 in t ^^™ e j^ r ity S report agreed to fails to provide for proportionate repre- 
 
 Sent ¥ht\ f n r de“ i . n g 0 ned le respectf U lly disagrees with both reports, and urges 
 their rejection for the reasons above given. Frank j Quinn . 
 
 The reports of the committee were ordered printed and to lie on the 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully recommends that 
 the reports of the Committee on Legislative Department, and the repo ts 
 tb Committee on Initiative, Referendum and Recall, being Proposals num¬ 
 bered 367 and 368, be taken from the table and placed upon the General 
 Orders for respecti’ve consideration in Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the furthei 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure recommends Proposal No^ 
 
 211 reported back by the Committee on Legislative Department, be ta 
 from the table and placed on the General Orders for consideration in the 
 
 Committee of the Whole. . . 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 At the hour of 6:30 o'clock p. m., Mr. Shanahan moved that the 
 Convention do now adjourn until 9 :00 o'clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
202 
 
 JOURNAL OF THE 
 
 [June 3, 
 
 THURSDAY, JUNE 3, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 Conn, of the First 
 
 Presbyterian Church, j une 1, having been printed and P lac ® d 
 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing was ordered to stand approved 
 
 Mr. Meinert presented several petitions from citizens of Eandolph 
 and Jackson Counties relating to the reading o: the Bible m the pub 
 schools, which were referred to the Committee on Bill f “f A, Pa „ e 
 Air Corlett presented several petitions from citizens o » 
 
 County^ relating^ to the reading of the Bible in the public schools, which 
 
 were referred to the Committee on Bil o 1^1 s. TinPacr#* 
 
 Mr. Corlett also presented a petition from el “ D "^ 
 County relating to Chicago’s representation in the Legislature, 
 
 S Z P SS .1 ike E'kle in the public »h,d, ™ 
 
 referred to the Committee on Rill o i& p pi 
 
 Mr. Tanner presented several petitions from citizens of C a Effing 
 ham and Marion Counties relating to the reading of Bib.e in he 
 public schools, which were referred to the Committee onBiJ <Bg£ 
 The Convention proceeding on the oidei of Rep 
 
 Air. Dove submitted the following report: 
 
 A minority of your Substi- 
 
 initiative, be piaced on the Gen- 
 
 eral Orders. (Signed) Geo. P. Latchford, 
 
 Ernest Kunde, 
 
 Ernest D. Potts, 
 
 Oscar Wolff. 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 ttStRSttSStt. the Co—we^mto 
 
 Committee of the Whole for the further consideration of Proposa - • 
 
 3 69. 
 
CONSTITUTIONAL CONVENTION. 
 
 203 
 
 g<jO J uujnojlj-xu --- 
 
 At the hour of 11:20 o’clock a. m., the Convention resumed its 
 
 session. 
 
 Mr. Hamill, President pro torn., presiding. 
 
 Mr. Trantmann from the Committee of the Whole, reported t a 
 the Committee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 11:25 o’clock a. m. Mr Trautmann.moved that 
 the Convention do now adjourn until Tuesday, June lo, 19.0, at 
 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
204 
 
 JOURNAL OF THE 
 
 [June 15, 
 
 TUESDAY, JUNE 15, 1920, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. J. G. W right, of the Episcopal 
 Church, of Greenville. 
 
 The Journal of Wednesday, June 2d, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 called Mr. Trautmann to the chair. 
 
 And at the hour of 10:15 o’clock A. M. the Convention went into 
 Committee of the Whole for the further consideration of Proposal A o. 
 369 and also for consideration of Proposal No. 370. 
 
 At the hour of 12:55 o’clock P. M. the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Trautmann from the Committee of the Whole, having had 
 under consideration the two reports from the Committee on Executive 
 Departments, being Proposals numbered 369 and 370, reported Proposal 
 No. 369 back, together with the following amendments thereto, to-wit : 
 
 Amend by adding on page 3, Section 10, after line 6, the following: 
 “Provided, however, that the. appointment of notaries public need not be 
 confirmed by the Senate.” 
 
 Amend in line 2, Section 13, after the word “offenses” by adding the 
 words “either unconditionally or”. 
 
 Amend Section 16 by striking out in lines 15, 18 and 24 the words or 
 
 parts thereof”. , _ ^ 
 
 Amend Section 29 by striking out in lines 2 and 3 the words tor 
 
 the conduct of the fiscal affairs and” and insert the word “of” before 
 accounts in line 3, and change the word “of” after “accounts to *pr 
 
 Section 29 would then read “The Auditor of Public Accounts in addition 
 to his duties prescribed by law shall be required to establish a uniform 
 system of accounts for all county, town and school officers, and to supervise 
 'such system and to audit the account of such officers. 
 
 And recommend that the Proposal, as amended, do pass. 
 
 The report of the committee was concurred in, and the Proposal 
 referred to the Committee on Phraseology and Style. # 
 
 Mr. Trautmann also reported Proposal No. 370 back, with the 
 
 recommendation that it do not pass. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
1920.] 
 
 CONSTITUTIONAL CONTENTION. 
 
 205 
 
 Mr. Dunlap from the Committee of the Whole, having had under 
 consideration Proposal No. 361, reported that the committee had made 
 progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 1:05 o’clock p. m., Mr. Eevell moved that the 
 Convention do now adjourn until 9 :00 o’clock A. M. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
206 
 
 JOURNAL OF THE 
 
 [June 16, 
 
 WEDNESDAY, JUNE 16, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. J. G. Wright, of the Episcopal 
 Church, of Greenville. 
 
 r ihe Journal of Thursday, June 3d, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing was ordered to stand approved. 
 
 Mr. Traeger presented several petitions from citizens of Cook 
 county, relative to the reading of the Bible in the public schools, which 
 were referred to the Committee on Bill of Rights. 
 
 Mr. McEwen presented a petition from citizens of Cook county, 
 relative to the reading of the Bible in the public schools, which was 
 referred to the Committee on Bill of Rights. 
 
 Mr. Shuey presented a petition from citizens of Mattoon, Illinois, 
 relative to the reading of the Bible in the public schools, which was 
 referred to the Committee on Bill of Rights. 
 
 Mr. Brenholt presented several petitions from citizens of Madison 
 county relative to the reading of the Bible in the public schools, which 
 were referred to the Committee on Bill of Rights. 
 
 Mr. DeToung presented a petition from citizens of Cook county 
 relative to the reading of the Bible in the public schools, which was 
 referred to the Committee on Bill of Rights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Dunlap to the chair. 
 
 And at the hour of 9:15 o’clock a. m. the Convention went into 
 Committee of the Whole for the consideration of matters on the General 
 Orders. 
 
 At the hour of 6:30 o’clock p. m. the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Dunlap from the Committee of the Whole reported that the 
 committee having had under consideration the report from the Commit¬ 
 tee on Agriculture, being Proposal No. 361, had made progress and 
 asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Shanahan from the Committee of the Whole reported that the 
 committee, having had under consideration the report from the Com¬ 
 mittee on Legislative Department, being Proposal No. 366, had made 
 progrcofc and asked leave to sit again. 
 
CONSTITUTIONAL CONVENTION. 
 
 207 
 
 1920.] 
 
 And the report of the committee was concurred in. 
 
 The Convention again proceeding on the Order of Reports oi 
 
 Standing Committees: 
 
 Mr. Dietz submitted the following report: # 
 
 Vour Committee on Distinction Between Constitutional and Legislative 
 SuDjects, to which was referred Proposal Number Eighty-one (81) entitled 
 “A Proposal to Provide for a System of Registering Land Titles by the 
 State of Illinois or Counties Thereof” reports that it is the opinion of the 
 members of the committee that the said Proposal is a Constitutional subject 
 Therefore, as your committee is without authority to consider sau 
 Proposal upon its merits, the committee recommends that said Proposal 
 be referred to the proper committee for consideration of said Proposal upo 
 
 its merits. „ . ... , 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 Edward Coreett, 
 
 J. L. Dryer, 
 
 E. H. Brewster, 
 
 Willard M. McEwex, 
 
 M. A. Michaelson, 
 
 D. A. Mack, 
 
 Committee. 
 
 Your Committee on Distinction Between Constitutional and Legislative 
 Subjects, to which was referred Proposal Number Two Hundred ant 
 Thirteen (213), entitled, “A Proposal to Prevent the Pollution of the Rivers 
 and Lakes of This State,” reports that it is the opinion of the members oi 
 the committee that the said proposal is non-constitutional. 
 
 Therefore, your committee recommends that the said Proposal do net 
 
 become a part of the proposed Constitution. 
 
 Respectfully submitted, 
 
 (Signed) Cyrus E. Dietz, 
 
 Edward Coreett, 
 
 J. L. Dryer, 
 
 E. H. Brewster. 
 
 Wellard M. McEwex, 
 
 M. A. Michaelson, 
 
 D. A. Mack, 
 
 
 The report of the committee was ordered printed and to lie on 
 
 the table. 
 
 At the hour of 6:35 o’clock p. m., Mr. Morris moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood ajourned. 
 
208 
 
 JOURNAL OF THE 
 
 [June 17, 
 
 THURSDAY, JUXE 17, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. J. G. Wright, of the Episcopal 
 church, of Greenville. 
 
 The Journal of Tuesday, June 15th, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing was ordered to stand approved. 
 
 Hr. Michaelson presented a petition from citizens of Cook county, 
 relative to the reading of the Bible in the public schools, which was 
 referred to the Committee on Bill of Bights. 
 
 Hr. Cruden presented a petition from citizens of Cook county, rela¬ 
 tive to the reading of the Bible in the public schools, which was referred 
 to the Committee on Bill of Bights. 
 
 Mr. DeToung presented a petition from citizens of Cook county, 
 relative to the reading of the Bible in the public schools, which wa£ 
 referred to the Committee on Bill of Bights. 
 
 Hr. Moore presented a petition from citizens of Decatur, Illinois, 
 relative to the reading of the Bible in the public schools, which was 
 referred to the Committee on Bill of Bights. 
 
 Mr. Corlett presented a petition from citizens of DuPage county 
 relative to the reading of the Bible in the public schools, which was 
 referred to the Committee on Bill of Bights. 
 
 Mr. Beckman presented a petition from citizens of Cook county 
 relative to the reading of the Bible in the public schools, which was 
 referred to the Committee on Bill of Bights. 
 
 The Convention proceeding on the Order of Reports of Standing 
 Committees. 
 
 Mr. O’Brien submitted the following report: 
 
 Your Committee on Miscellaneous Subjects, to which was referred Pro¬ 
 posal No. 300, beg leave to report the same back without recommendations. 
 
 (Signed) Martin J. O’Brien, 
 
 E. B. Coolley, 
 
 Geo. F. Lohman, 
 
 Henry W. Meinert. 
 
 M. A. Michaels on , 
 
 S. E. Pincus, 
 
 J. H. Paddock, 
 
 Wm. T. Hollenbeck, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
CONSTITUTIONAL CONVENTION. 
 
 200 
 
 1920.] 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Dunlap to the chair. 
 
 And at the hour of 9:28 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of matters on the General 
 
 Orders. 
 
 At the hour of 7:05 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Shanahan from the Committee of the Whole, having had under 
 consideration the supplemental majority report of the Committee on 
 Legislative Department, on Sections 6, 7 and 8, of Proposal Xo. 366, 
 reported the same back, as amended in Committee of the Whole, as 
 follows: 
 
 Section 6. The General Assembly shall apportion the State every twelve 
 years, beginning with the year one thousand, nine hundred and twenty-one, 
 into fifty-seven Senatorial Districts, each of which shall elect one senator 
 whose term of office shall be four years, and the basis of senatoiial appor¬ 
 tionment shall be the number of electors who voted for Governor at the last 
 regular election at which a Governor was elected previous to the appor¬ 
 
 tionment. i -.••ill. 
 
 The territory now constituting the County of Cook shall be divided by 
 
 the General Assembly into nineteen Senatorial Districts, and the number of 
 such electors in that territory shall be divided by the number nineteen and 
 the quotient shall be the ratio of representation in the Senate for that 
 
 The territory now constituting the remainder of the State shall be divided 
 by the General Assembly into thirty-eight Senatorial Districts, and the 
 number of such electors in that territory shall be divided by the number 
 thirty-eight and the quotient shall be the ratio of representation in the 
 
 Senate for that territory. . . ...... 
 
 When a county contains two or more ratios of its territory it shall be 
 
 divided by the General Assembly into as many Senatorial Districts as it has 
 such ratios. Districts in counties so divided shall be bounded by precinct 
 or ward lines; all other Senatorial Districts shall be bounded by county lines. 
 
 All Senatorial Districts shall be formed of compact and contiguous ter¬ 
 ritory and the districts in each territory shall contain as nearly as practi¬ 
 cable an equal number of such electors but in no case less than four-filths 
 of the ratio for that territory. 
 
 Senators shall be so elected that the term of those now in office shall 
 not be disturbed. They shall be divided into two classes so that one-half, 
 as nearly as practicable, shall be chosen biennially. 
 
 Section 7. The General Assembly shall apportion the State every twelve 
 years beginning with the year one thousand nine hundred and twenty-one, 
 into one hundred and fifty-three Representative Districts, each of which shall 
 elect one Representative whose term of office shall be two years, and the 
 basis of representative apportionment shall be the number of electors who 
 voted for Governor at the last regular election at which a Governor was 
 elected, previous to the apportionment. 
 
 Representative Districts shall be formed of contiguous and compact ter¬ 
 ritory, bounded by county lines, or in the case of counties entitled to more 
 than one representative, by precinct or ward lines, and shall contain as 
 nearly as practicable an equal number of electors, but no district shall 
 contain less than four-fifths of the representative ratio. 
 
 —14 C J 
 
210 
 
 JOURNAL OF THE 
 
 [June 17, 
 
 Counties containing not less tlian the ratio and four-fifths may be 
 divided into separate districts and shall be entitled to two Representatives, 
 and to one additional Representative for each number of electors equal to 
 the ratio contained by such counties in excess of twice the number of said 
 ratio. 
 
 The territory of any county as constituted at the time of the adoption 
 of this Constitution shall never be entitled to more than seventy-six repre¬ 
 
 sentatives. 
 
 Section 8. In case the General Assembly fail to make an apportionment, 
 at its first session following the time fixed in this Constitution for making 
 any such apportionment, it shall be the duty of the Secretary of State, 
 Auditor of Public Accounts, and Attorney General, to meet at the office of 
 the Governor and make an apportionment in accordance herewith within 
 
 ninety days after the adjournment. 
 
 And recommended that the same be incorporated in and made a 
 part of Proposal Ho. 366 when reported for passage. 
 
 The question being on the adoption of the report of the committee, 
 a call of the roll was had, resulting as follows: Yeas, 43; nays, 19. 
 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Garrett 
 
 Johnson, W. A. 
 
 Paddock 
 
 Brenholt 
 
 Gee 
 
 Kerrick 
 
 Rinaker 
 
 Brewster 
 
 Gilbert 
 
 Lill 
 
 Scanlan 
 
 Carlstrom 
 
 Goodyear 
 
 Lindly 
 
 Shaw 
 
 Coolley 
 
 Gray 
 
 Meinert 
 
 Shuey 
 
 Dunlap 
 
 Green 
 
 Mi,shell 
 
 Six 
 
 Elting 
 
 Hogan 
 
 Mills 
 
 Smith 
 
 Fifer 
 
 Jack 
 
 Moore 
 
 Stahl 
 
 Gale 
 
 Jarman 
 
 Nichols 
 
 
 Those voting in the negative are: Messrs. 
 
 Chew 
 
 Dupee, E. 
 
 H. 
 
 Gorman 
 
 McEwen 
 
 Cruden 
 
 Dupuy, G. 
 
 A. 
 
 Hamill 
 
 Michal 
 
 De Young 
 
 Fyke 
 
 
 Hull 
 
 Miller 
 
 Dove 
 
 Ganschow 
 
 
 Latchford 
 
 Shanahan 
 
 Taff 
 
 Tanner 
 
 Todd 
 
 Torrance 
 
 Trautmann 
 
 Warren 
 
 Whitman 
 
 Mr. President 
 
 Teas—43. 
 
 Sutherland 
 
 Traeger 
 
 Wolff 
 
 Nays—19. 
 
 And the report of the committee was concurred in. 
 
 Preceeding the roll call the following pairs were announced: Messrs. 
 Corlett and Cutting, Dietz and Kevell, and Hollenbeck and Beckman. 
 
 The following gentlemen were excused on account of illness: Messrs. 
 Mack, Davis, Wall and Dawes. 
 
 Mr. Dunlap from the Committee of the Whole, having had under 
 consideration the report from the Committee on Agriculture, being Pro¬ 
 posal Ho. 361, reported the same back together with the following 
 amendment thereto, to-wit: 
 
 Amend Proposal No. 361 by inserting after the word Constitution, in 
 line 5, the following sentence: “The State, however, shall not make any 
 appropriations or become indebted in any manner for the establishment, 
 maintenance and administration of such funds unless the question of making 
 such appropriations or incurring such indebtedness shall be submitted to 
 the voters at a general election and be approved by a majority of those 
 
 voting on the question.” 
 
 And recommended that the Proposal, as amended, do pass. 
 
 The report of the committee was concurred in, and the Proposal 
 referred to the Committee on Phraseology and Style. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Pules and Procedure, to-vit: 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 211 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure submits the following report 
 and recommends: 
 
 (1) That beginning Tuesday morning, June 22, 1920, the Convention 
 remain in session, from day to day, until all propositions pending before the 
 Convention, or any of its committees, are disposed of in Committee of the 
 Whole and referred to the Committee on Phraseology and Style. 
 
 (2) That beginning Tuesday morning, June 22, 1920, the Convention 
 hold two or more sessions each week day, until all pending matters are 
 disposed of. 
 
 (3) That when all matters pending before the Convention or its com¬ 
 mittees are referred to the Committee on Phraseology and Style, the Con¬ 
 vention take a recess. * 
 
 (4) That your committee is of opinion that all matters may be dis¬ 
 posed of in Committee of the Whole and referred to the Committee on 
 Phraseology and Style on or before the tenth day of July, A. D. 1920. 
 
 (5) That the reports of the respective committees be considered in 
 
 the following order: 
 
 (a) Distinction between Constitutional and Legislative Subjects. 
 
 (b) Agriculture. 
 
 (c) Chicago and Cook County. 
 
 (d) Municipal Government. 
 
 (e) Public Works and Improvements. 
 
 (f) Bill of Rights. 
 
 (g) Judicial Department. 
 
 (h) Revenue, Taxation and Finance. 
 
 (i ) Industrial Affairs and Labor. 
 
 (j ) Miscellaneous Subjects. 
 
 (k) Future Amendments to the Constitution. 
 
 (1 ) Initiative, Referendum and Recall. 
 
 The question being on the adoption of the report of the committee. 
 It was decided in the affirmative. 
 
 Mr. Michal moved that when the Convention adjourns today it 
 stand adjourned until 10:00 o’clock a. m., Thursday, July 1, 1920, in 
 order to permit delegates desiring to do so to attend the National Dem¬ 
 ocratic Convention in San Francisco. 
 
 And the motion was lost. 
 
 Mr. Barr moved that the delegates to the Democratic Convention be 
 excused from attendance at this Convention during the period of the 
 National Convention at San Francisco, including necessary time going 
 
 and returning to their homes. 
 
 And the motion prevailed. 
 
 At the hour of 7:25 o’clock p. m., Mr. Hamill moved that the 
 Convention do now adjourn until 10 :00 o’clock a. m., Tuesday, June 
 
 22, 1920. 
 
 The motion prevailed. 
 
 And'the Convention stood adjourned. :•» 
 
212 
 
 JOURNAL OF THE 
 
 [June 22, 
 
 TUESDAY, JUNE 22, 1920, 10 :00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Kev. C. B. Grubb, of the First Christian 
 Church, of Watseka. 
 
 The Journal of Wednesday, June 16th, having been printed and 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up and no corrections appearing was ordered to stand approved. 
 Mr. Michaelson raised the point of no quorum. 
 
 Whereupon a call of the Convention was had, resulting as follows: 
 Those answering present are: Messrs. 
 
 Barr 
 
 Dupee, E. H. 
 
 Hollenbeck 
 
 Mighell 
 
 Smith 
 
 Brenholt 
 
 Elting 
 
 Hull 
 
 Miller 
 
 Sneed 
 
 Carlstrom 
 
 Fifer 
 
 Jack 
 
 Mills 
 
 Sutherland 
 
 Corcoran 
 
 Gale 
 
 Jarman 
 
 Moure 
 
 Taff 
 
 Corlett 
 
 Garrett 
 
 Johnson, W. A. 
 
 Nichols 
 
 Todd 
 
 Cruden 
 
 Gee 
 
 Kerrick 
 
 Paddock 
 
 Traeger 
 
 Cutting 
 
 Gilbert 
 
 Lindly 
 
 Parker 
 
 Trautmann 
 
 Davis 
 
 Goodyear 
 
 Lohman 
 
 Revell 
 
 Warren 
 
 Dawes 
 
 Gray 
 
 McEwen 
 
 Rinaker 
 
 Whitman 
 
 De Young 
 
 Green 
 
 McGuire 
 
 , Scanlan 
 
 Wilson 
 
 Dietz 
 
 Hamill 
 
 Meinert 
 
 Shanahan 
 
 Woodward 
 
 Dunlap 
 
 Hogan 
 
 Michaelson 
 
 Shuey 
 
 Mr. President 
 Present—60. 
 
 The President announced that a quorum was present. 
 
 The Convention then proceeding on the Order of Eeports of Stand¬ 
 ing Committees: 
 
 Mr. Shanahan submitted the following report: 
 
 Your Committee on Legislative Department, to which was referred 
 Amendment No. 4, to Section 27, of Proposal No. 366 (trading stamps or 
 trade premiums), reports the same back with the recommendation that it 
 be not adopted. 
 
 (Signed) D. E. Shanahan, 
 
 Cicero Lindly, 
 
 Edward H. Morris, 
 
 Morton D. Hull, 
 
 Thos. Rinaker, 
 
 J. W. Fifer, 
 
 Lee Mighell, 
 
 H. H. Stahl, 
 
 George A. Barr, 
 
 Committee. 
 
 The report of the committee was ordered printed and placed on the 
 General Orders. 
 
 Mr. Shanahan submitted the further report: 
 
 Your Commitete on Legislative Department, to which was referred 
 Amendment No. 3, to be known as Section 23^4, of Proposal No. 366, reports 
 the same back with a subtitute therefor as follows, to-wit: 
 
 The General Assembly may by joint resolution, approved on roll call by 
 a majority of the members elected to each branch thereof, designate or 
 appoint any committee for the purpose of holding and conducting hearings 
 and investigations or conducting any legislative business, the rights, duties, 
 
CONSTITUTIONAL CONVENTION. 
 
 213 
 
 1920.] 
 
 powers and functions of such commitee shall not cease, end and determine 
 with and upon the sine die adjournment of the General Assembly so appoint¬ 
 ing or designating such committee, but shall continue in force, effect and 
 operation until the work and object of such committee shall be completed; 
 provided, however, that the life and existence of such committee shall not 
 extend into and beyond the next following biennial session of the General 
 Assembly. 
 
 And recommends that the original amendment be rejected and that the 
 substitute be placed on the General Orders. 
 
 (Signed) D. E. Shanahan, 
 
 Cicero Lindly, 
 
 Edward H. Morris, 
 
 Morton D. Hull, 
 
 Thos. Rinaker, 
 
 J. W. Fifer, 
 
 Lee Mighell, 
 
 H. H. Stahl, 
 
 George A. Barr, 
 
 Committee. 
 
 The report of the committee was ordered printed and placed on the 
 General Orders. 
 
 Mr. Dunlap submitted the following report: 
 
 Your Committee on Agriculture, to which was referred Article XIII, of 
 the present Constitution, reports the same back with amendments and rec¬ 
 ommends that the same be placed on the General Orders as Proposal No. 372, 
 and that it be made a part of the Constitution of 1920. 
 
 (Signed) H. M. Dunlap, 
 
 S. J. Gee, 
 
 Lawrence C. Johnson, 
 
 J. Mack Tanner, 
 
 Wm. S. Gray, 
 
 F. R. Dove, 
 
 Henry W. Meinert, 
 
 Chas. H. Ireland, 
 
 Wm. H. Cruden, 
 
 Chas. V. Parker, 
 
 Frank S. Whitman, 
 
 Wm. T. Hollenbeck, 
 
 Alvin Warren, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Pules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure recommends that Proposal No. 
 372, reported by the Committee on Agriculture, be taken from the table and 
 placed on the General Orders for consideration in Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure recommends that the reports 
 of the Committee on Distinction Between Constitutional and Legislative 
 
214 
 
 JOURNAL OF THE 
 
 [June 22, 
 
 Subjects on Proposals numbered 81 and 218 be taken from the table and 
 placed on the General Orders for consideration in Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 Mr. Cruden presented a petition from citizens of Cook county rela¬ 
 tive to the reading of the Bible in the public schools, which was referred 
 to the Committee on Bill of Bights. 
 
 Mr. McGuire presented several petitions from citizens of Cook, Ban- 
 dolph and Jackson counties relative to the reading of the Bible in the 
 public schools, which were referred to the Committee on Bill of Bights. 
 
 Mr. Gee presented several petitions from citizens of the Forty-eighth 
 District relative to the reading of the Bible in the public schools, which 
 were referred to the Committee on Bill of Bights. 
 
 Mr. Sneed presented a petition from citizens of Pulaski county rel¬ 
 ative to the reading of the Bible in the public schools, which was referred 
 to the Committee on Bill of Bights. 
 
 Mr. Dawes presented a petition from citizens of Cook county rela¬ 
 tive to the reading of the Bible in the public schools, which was referred 
 to the Committee on Bill of Bights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Shanahan to the chair. 
 
 And at the hour of 10 :25 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of matters on the General 
 Orders. 
 
 At the hour of 10 :52 o’clock a. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Shanahan from the Committee of the Whole, having had under 
 consideration Proposal No. 366, reported that the Committee had made 
 progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Shanahan from the Committee of the Whole further reported 
 that the Committee had had under consideration Proposal No. 211 and 
 recommended that the same be rejected. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the Presi¬ 
 dent called Mr. Dietz to the chair. 
 
 And at the hour of 10 :55 o’clock a. m. the Convention went into 
 Committee of the Whole for the consideration of the two reports from 
 the Committee on Distinction Between Constitutional and Legislative 
 Subjects. 
 
 At the hour of 10 :57 o’clock a. m., the Convention resumed its 
 session. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 215 
 
 The President presiding. 
 
 Mr. Dietz from the Committee of the Whole, having had under 
 consideration Proposals numbered 81 and 213, reported that the com¬ 
 mittee recommended that Proposal Xo. 81 be re-referred to the proper 
 committee for consideration, on its merits, and that Proposal Xo. 213 
 be rejected. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President accordingly re-referred Proposal Xo. 81 to the Com¬ 
 mittee on Judicial Department. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the Presi¬ 
 dent called Mr. Dunlap to the chair. 
 
 And at the hour of 11:00 o'clock a. m., the Convention went into 
 Committee of the Whole for the consideration of the report from the 
 Committee on Agriculture, being Proposal Xo. 372. 
 
 At the hour of 6:52 o'clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Dunlap, from the Committee of the Whole, having had under 
 consideration Proposal Xo. 372, reported the same back with amendments 
 as follows: 
 
 Amend Proposal No. 372 by substituting Sections 1, 2, 3, 4 and 5, oi 
 Article 13, of the Constitution of 1870, and by amending Sections 6 and 7 
 thereof to read as follows: 
 
 Section 6. It shall be the duty of the General Assembly to pass all 
 necessary laws to prevent the issue of false and fraudulent warehouse re¬ 
 ceipts, and to give full effect to this article of the Constitution, which shall 
 be liberally construed so as to protect producers, shippers, consumers and 
 others interested. And the enumeration of the remedies herein named shall 
 not be construed to deny to the General Asembly the power to prescribe by 
 law such other and further remedies as may be found expedient, or to de¬ 
 prive any person of existing common law remedies. 
 
 Section 7. The General Assembly shall pass laws for the inspection of 
 grain and produce and for the protection of producers, shippers, receivers 
 and consumers of grain and produce. 
 
 And recommended that the Proposal, as amended, do pass. 
 
 The question being on the adoption of the report of the committee, 
 a call of the roll was had, resulting as follows: 
 
 Yeas, 35; nays, 24. 
 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Chew 
 
 Corlett 
 
 Cruden 
 
 Dunlap 
 
 Elting 
 
 Fifer 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Hogan 
 
 Hollenbeck 
 
 Jack 
 
 Jarman 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Lindly 
 
 McEwen 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Parker 
 
 Scanlan 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Traeger 
 
 Warren 
 
 Whitman 
 
 Yeas—35. 
 
 Those 
 
 Corcoran 
 Cutting 
 Davis 
 Dawes 
 De Young 
 
 voting in the negative are: Messrs. 
 
 Dietz 
 
 Dupee, E. H. 
 Gale 
 
 Garrett 
 
 Green 
 
 Hamill 
 
 Hull 
 
 Miller 
 
 Paddock 
 
 Revell 
 
 Rinaker 
 
 Shanahan 
 
 Sutherland 
 
 TaflC 
 
 Todd 
 
 Trautmann 
 Wilson 
 Woodward 
 Mr. President 
 
 Nays— 24. 
 
216 
 
 JOURNAL OF THE 
 
 [June 22, 
 
 The report of the committee was adopted and Proposal No. 372, as 
 amended, was referred to the Committee on Phraseology and Style. 
 
 The Convention again proceeding on the Order of Reports of Stand¬ 
 ing Committees: 
 
 Mr. Shanahan submitted the following report: 
 
 Your Committee on Legislative Department, to which was referred Pro¬ 
 posals numbered 6, 25, 37, 57, 80, 87, 128, 141, 143, 163, 183, 184, 189, 221, 
 228, 237, 243, 293, 305, 335, 336, 350, 356, 352, reports the same back with 
 the recommendation that they be rejected. 
 
 (Signed) D. E. Shanahan, 
 
 Cicero J. Lindly, 
 
 John E. Treager, 
 
 M. D. Hull, 
 
 Lee Mighell, 
 
 H. M. Dunlap, 
 
 J. W. Fifer, 
 
 Thos. Rinaker, 
 
 George A. Barr, 
 
 Commitee. 
 
 The report of the committee was ordered placed on the General 
 Orders for consideration in conjunction with Proposal No. 366. 
 
 Mr. Shanahan submitted the further report: 
 
 Your Committee on Legislative Department, to which was recommitted 
 Section 30 of Proposal No. 366, reported the same back with the recommen¬ 
 dation that Section 30 of the present Constitution be adopted, instead of 
 Section 30, as previously reported. 
 
 (Signed) D. E. Shanahan, 
 
 Cicero J. Lindly, 
 
 John E. Treager, 
 
 M. D. Hull, 
 
 Lee Mighell, 
 
 H. M. Dunlap, 
 
 J. W. Fifer, 
 
 Thos. Rinaker, 
 
 George A. Barr, 
 
 Commitee. 
 
 The report of the committee was ordered printed and placed on the 
 General Orders. 
 
 Mr. Dunlap submitted the following report: 
 
 Your Committee on Agriculture, to which was referred Proposal No. 196, 
 a proposal to reclaim swamp and overflow lands, reports the same back with 
 a substitute therefor, being Proposal No. 373, a proposal to provide for 
 drainage for agricultural, sanitary and mining purposes, and recommends 
 that the original proposal be rejected and that the substitute Proposal 
 No. 373 be placed on the General Orders. 
 
 (Signed) H. M. Dunlap, 
 
 Wm. T. Hollenbeck, 
 
 Henry W. Meinert, 
 
 Chas. V. Parker, 
 
 S. J. Gee, 
 
 Wm. H. Cruden, 
 
 Wm. S. Gray, 
 
 Alvin Warren, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. Hull submitted the following report: 
 
217 
 
 1920.] CONSTITUTIONAL CONVENTION. 
 
 Joint Repoet of Committee on Municipal Government and Chicago and 
 
 Cook County. 
 
 Your Committee on Municipal Government and your Committee on 
 Chicago and Cook County, to which were referred Proposals relative to 
 Home Rule for Chicago and for other Municipalities report hack a substitute 
 therefor as a partial report of these committees, being Proposal No. 374, 
 a proposal to provide home rule for municipalities. 
 
 And recommend that the substitute Proposal No. 374 be placed on the 
 General Orders. 
 
 (Signed) Bruce H. Garrett, 
 
 Charles Woodward, 
 
 L. A. Jarman, 
 
 George W. Hogan, 
 
 William M. Scanlan, 
 
 Edward J. Corcoran, 
 
 Oscar E. Carlstrom, 
 
 S. J. Gee, 
 
 Watts A. Johnson, 
 
 James P. Jack, 
 
 Morton D. Hull, 
 
 John E. Traeger, 
 
 Charles J. Michal, 
 
 Ernest Kunde, 
 
 Walter H. Wilson, 
 
 Amos C. Miller, 
 
 W. H. Chew, 
 
 Arthur M. Smith, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Messrs. Brenholt and Lindly presented petitions from citizens of 
 Madison county relative to the reading of the Bible in the public schools, 
 which were referred to the Committee on Bill of Rights. 
 
 At the hour of 6 :05 o’clock p. m., Mr. Shanahan moved that the 
 Convention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
218 
 
 JOURNAL OF THE 
 
 [June 23 y 
 
 WEDNESDAY, JUNE 23, 1920, 9 :00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. C. B. Grubb, of the First Christian 
 Church, of Watseka. 
 
 The Journal of Thursday, June 17th, having been printed and 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up and no corrections appearing was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Pules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully recommends that 
 Proposal No. 374, reported by the Committees on Chicago and Cook County 
 and Municipal Government, be taken from the table and placed on General 
 Orders for consideration in Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Pules and Procedure, to-wit: 
 
 Committee Report. 
 
 4 
 
 lour Committee on Rules and Procedure respectfully recommends that 
 Proposal No. 373, reported by the Committee on Agriculture, be taken from 
 the table and placed on General Orders for consideration in Committee of 
 the Whole. 
 
 I he question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 Messrs. Mills and Goodyear presented several petitions relative to 
 the reading of the Bible in the public schools, which were referred to the 
 Committee on Bill of Rights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Shanahan to the chair. 
 
 And at the hour of 9:15 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the report from 
 the Committee on Legislative Department, being Proposal No. 366. 
 
 At the hour of 11:32 o’clock a. m. the Convention resumed its 
 session. 
 
 The President presiding. 
 
CONSTITUTIONAL CONVENTION. 
 
 1920.] 
 
 219 
 
 Mr. Shanahan from the Committee of the Whole,, having had under 
 consideration Proposal No. 366, reported the same back with the recom¬ 
 mendation that the Proposal, as amended in Committee of the Y hole, 
 in addition to and including Sections 6, 7, and 8, previously reported on 
 
 June 17th to the Convention, do pass. 
 
 Which said amendments, exclusive of Sections 6, 7, and 8, are as 
 
 follows: 
 
 Amend Section 22 by adding after the word “fish” in line 24, the follow¬ 
 ing: “But reasonable classification of waters may be made”. 
 
 Amend by adding a new section to be known as Section 23%, as follows: 
 
 Section 23%. The General Assembly may by joint resolution, approved 
 on roll-call by a" majority of the members elected to each branch thereof des¬ 
 ignate or appoint any committee, for the purpose of holding and conducting 
 hearings and investigations or conducting any legislative business, the 
 rights, duties, powers and functions of such committee shall not cease, end 
 and determine with and upon the sine die adjournment of hte General 
 Assembly so appointing or designating such committee, but shall continue 
 in force, effect and operation until the work and object of such committee 
 shall be completed; provided, however, that the life and existence of such 
 committee shall not extend into and beyond the next following biennial 
 session of the General Assembly. 
 
 Amend by striking out all of Section 31 and substituting in lieu thereof 
 a new section as follows: 
 
 Section 31. The General Assembly may pass laws: (1) Permitting the 
 owners and lessees of lands and of minerals to construct drains, ditches and 
 levees upon or across the lands of others for agricultural, sanitary, and 
 mining purposes; (2) providing for the organization of drainage districts 
 and investing their corporate authorities with powers of eminent domain, 
 and special assessment, and with such other appropriate powers as the General 
 Assembly may deem necessary, for the development, construction, and main¬ 
 tenance of flood control, irrigation and of drainage for sanitary, agricultural 
 and mining purposes; and (3) may provide for the development, construction 
 and maintenance of such projects in whole by such drainage districts or for 
 the purpose of making surveys and straightening and improving water 
 courses in part at the expense of such drainage districts and in part by 
 the State or any political subdivision thereof. 
 
 The authority given for the accomplishment of the purposes set forth in 
 ,.his section shall not deprive the General Assembly of the power to provide 
 other means for the accomplishment thereof. 
 
 Amend by striking out Section 33 and substituting in lieu thereof the 
 following: 
 
 Section 33. Whenever any death, disability or retirement fund shall 
 have been or shall be created by law, and a part of the compensation of a 
 public officer or employee is required to be deferred and contributed thereto, 
 as the whole or as a part thereof, such public officer or employee or his 
 beneficiary may have such vested interest therein as may be provided by law, 
 but such interest shall attach only to the fund accumulated, and shall impose 
 no obligation upon the State to create or maintain such fund. 
 
 Amend by striking out all of Section 30 and substituting in lieu thereof 
 the following: 
 
 Section 30. The General Assembly may provide for establishing and 
 opening roads and cartways connected with a public road, for private and 
 
 public use. 
 
 The question being on the adoption of the report of the committee, 
 a call of the roll was had, resulting as follows: Yeas, 49, nays, 23. 
 
220 
 
 JOURNAL OF THE 
 
 [June 23, 
 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Fifer 
 
 Hollenbeck 
 
 Brenholt 
 
 Gale 
 
 Jack 
 
 Brewster 
 
 Garrett 
 
 Jarman 
 
 Carlstrom 
 
 Gee 
 
 Kerrick 
 
 Chew 
 
 Gilbert 
 
 Dill 
 
 Coolley 
 
 Goodyear 
 
 Lindly 
 
 Corlett 
 
 Gray 
 
 Mack 
 
 Dryer 
 
 Green 
 
 McGuire 
 
 Dunlap 
 
 Hamill 
 
 Meinert 
 
 Elting 
 
 Hogan 
 
 Mighell 
 
 Those voting in the negative are: 
 
 Beckman 
 
 Dawes 
 
 Iarussi 
 
 Corcoran 
 
 De Young 
 
 Latchford 
 
 Cruden 
 
 Dupee, E. H. 
 
 Lohman 
 
 Cutting 
 
 Dupuy, G. A. 
 
 McEwen 
 
 Davis 
 
 Hull 
 
 Michaelson 
 
 The 
 
 report of the committee wa 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Rinaker 
 
 Scanlan 
 
 Shaw 
 
 Shuey 
 
 Six 
 
 Miller 
 
 R.evell 
 
 Shanahan 
 
 Sutherland 
 
 Smith 
 
 Stahl 
 
 Taff 
 
 Tanner 
 
 Todd 
 
 Trautmann 
 Warren 
 Whitman 
 Mr. President 
 
 Yeas—49. 
 
 Traeger 
 
 Wilson 
 
 Wolfl 
 
 Woodward 
 
 Nays—23. 
 
 366 referred to the Committee on Phraseology and Style. 
 
 Mr. Hamill gave notice that he would move to reconsider the vote 
 by which the report of the Committee of the AVhole on Proposal No. 366 
 was adopted. 
 
 Mr. Shanahan further reported that the Committee of the Whole 
 had had under consideration the report from the Committee on Legis¬ 
 lative Department recommending that Proposals numbered 6, 25, 37. 
 57, 80, 87, 128, 141, 143, 163, 183, 184, 189, 221, 228, 237, 243,' 
 29o, 305, 535, 336, 350, 356, 352, be rejected, and that the Committee 
 of the Whole recommended that the same be adopted. 
 
 The question being on the adoption of the report of the Committee 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 And the Proposals above enumerated were rejected. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the Presi¬ 
 dent called Mr. Hull to the chair. 
 
 And at the hour of 11:35 o’clock a. m., the Convention went into 
 Committee of the AY hole for the purpose of considering the joint report 
 from the Committees on Municipal Government and Chicago and Cook 
 County, being Proposal No. 374. 
 
 At the hour of 6:20 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Hull from the Committee of the Whole reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 ^ And at the hour of 6 :23 o’clock p. m., Mr. Shanahan moved that the 
 Convention do now adjourn until 9 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 221 
 
 THURSDAY, JUNE 24, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. C. B. Grubb, of the First Christian 
 Church, of Watseka. 
 
 The Journal of Tuesday, June 22d, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing was ordered to stand appi^ ed. 
 
 Mr. Hamill in accordance with his notice moved that the vote 
 py which the Convention on yesterday adopted the report of the Com¬ 
 mittee on Legislative Department be reconsidered.. 
 
 Whereupon Mr. Rinaker moved that the consideration of said motion 
 
 be postponed until Wednesday June 30th. 
 
 And the motion prevailed. 
 
 Mr. Brenholt presented several petitions from citizens of Madison 
 county relating to the reading of the Bible in the public schools, which 
 were referred to the Committee on Bill of Rights. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Hull to the chair. 
 
 And at the hour of 9 :20 o’clock a. m. the Convention went into 
 Committee of the Whole for the further consideration of the joint repoit 
 from the Committee on Municipal Government and Chicago and Cook 
 County, being Proposal No. 374. 
 
 At the hour of 6:12 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Hull from the Committee of the Whole reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 And the report of the Committee w 7 as concurred in. 
 
 The Convention again proceeding on the Order of Reports of Stand¬ 
 ing Committees: 
 
 Mr. Rinaker submitted the following report: 
 
 Your Committee on Bill of Rights, to which was referred Proposals 
 numbered 2 and 341, in relation to the Preamble of the Constitution, re¬ 
 ports the same back with the recommendation that Proposal No. 341 
 be rejected and that the preamble to the Constitution of 1870 be adopted as 
 
222 
 
 JOURNAL OF THE 
 
 [June 24 :, 
 
 “acedT ’ b t I h e e t Ge t ne e ra[°OM e e?s UeW Constitution and that Pro P osaI No. 375 be 
 
 (Signed) Thos. Rinaker, 
 
 E. B. Coolley, 
 
 Alexander H. Revell, 
 
 Phillip E. Elting, 
 
 Edward Corlett, 
 
 James Nichols, 
 
 William M. Scanlan, 
 
 C. A. Shuey, 
 
 Rufus C. Dawes, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. Rinaker submitted a further report: 
 
 lour Committee on Bill of Rights to which was referred Proposals 
 numbered 4, 31, 32, 70, 79, 86, 97, 106, 108 118 119 120 121 208 
 217, 225, 226, 229, 239, 240, 247, 252, 254, 307, 330, 332! 347 348 repoA the 
 
 enHt e iPd a Biii W1 f h i?^ ^ bstltl f te therefor, being Proposal No. 376, a proposal 
 entitled Bill of Rights, and recommends that the original proposals, above 
 
 bG i r ® J ® cted » and that the subtitute Proposal No. 376 be placed 
 on the General Orders. 
 
 (Signed) Thos. Rinaker, 
 
 E. B. Coolley, 
 
 Rufus C. Dawes, 
 *Abel Davis, 
 tW illiam M. Scanlan, 
 Philip E. Elting, 
 Alexander. H. Revell, 
 James Nichols, 
 
 $C. A. Shuey, 
 
 CfOUTWlittiBG 
 
 ^Reserving right to file minority report on Section 3 
 
 or n7o^fSther S: se t ct e ioS ht t0 “ e a minority report °» Section 3 and possibly one 
 $Reserving right to file minority report. 
 
 The report of the Committee was ordered printed and to lie on the 
 table. 
 
 Mr. Revell gave notice that on next Tuesday he would introduce a 
 resolution relative to the Convention taking a recess. 
 
 At the hour of 6 :15 o'clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until 9 o'clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 223 
 
 FRIDAY, JUNE 25, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. J . ,. 
 
 Prayer was. offered by the Rev. C. B. Grubb, of the First Christian 
 
 Church, of Watseka. . , , , 
 
 The Journal of Wednesday, June 23, having been printed and 
 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 Mr Dunlap moved that Proposal No. 373 be recalled from the 
 General Orders and ordered to lie on the table, for the reason that the 
 subject matter of the Proposal had been incorporated m section 31 o± 
 
 Proposal No. 366. 
 
 And the motion prevailed. , , 
 
 The President, as chairman, laid before the Convention the fol¬ 
 lowing report from the Committee on Rules and Procedure, to-wit. 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully recommends that 
 Proposals numbered 375 and 376 reported by the Committee on Bill of Rights 
 be taken from the table and placed on the General Orders for consideration 
 
 in Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit. 
 
 * 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully recommends that 
 Proposal No. 300, reported back by the Committee on Miscellaneous Subjects 
 be taken from the table and placed on the General Orders for consideiation 
 in Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 Mr. Sutherland moved, as a substitute, that Proposal No. 300 do 
 
 not become a part of the Constitution. 
 
 Mr. Green raised the point of order that that motion was, under 
 
 the rules, out of order. 
 
 And the Chair ruled the point of order well taken. 
 
 Whereupon, Mr. Sutherland moved that further consideration of 
 the report of the Committee on Rules and Procedure be postponed, 
 until Tuesday, June 29, 1920. 
 
 And the motion prevailed. 
 
224 
 
 JOURNAL OF THE 
 
 [June 25. 
 
 Messrs. Woodward and Corcoran presented several petitions from 
 citizens of Cook County relative to the Home Buie, which were referred 
 to the Committee of the Whole. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Hull to the chair. 
 
 And at the hour of 9 :25 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the joint report 
 from the Committees on Municipal Government and Chicago and Cook 
 County, being Proposal Ho. 374. 
 
 At the hour of 10:32 o’clock a. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Hull from the Committee of the Whole, reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the Presi¬ 
 dent called Mr. Binaker to the chair. 
 
 And at the hour of 10:35 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of the reports from the 
 Committee on Bill of Bights, being Proposals numbered 375 and 376. 
 
 At the hour of 11:17 o’clock a, m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Binaker, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 11:20 o’clock a. m., Mr. Hamill moved that the 
 Convention do now adjourn until Monday, June 28, 1920, at 10:00 
 o’clock a. m. 
 
 Mr. Whitman moved to amend that motion by inserting Tuesday, 
 June 29, 1920, at 10:00 o’clock a. m. 
 
 Mr. Trautmann moved as a substitute for all pending motions that 
 the Convention adjourn until Monday, June 28, 1920, at 3:00 
 o’clock p. m. 
 
 The motion prevailed. 
 
 And at the hour of 11:25 o’clock a. m., the Convention stood 
 adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 MONDAY, JUNE 28, 1920, 3:00 O’CLOCK P. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by Rev. F. D. Butler, of St. Paul’s Episcopal 
 Church, of Alton. 
 
 The Journal of Thursday, June 24th, having been printed and 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up and, no corrections appearing, was ordered to stand approved. 
 
 The following delegates presented petitions relative to Proposal No. 
 300, which were referred to the Committee on Miscellaneous Subjects, 
 Messrs. Moore, Mills, Sutherland, Whitman, Todd, Dawes, Rinaker, 
 Shaw, Jarman, Trautmann and Brewster. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Coolley to the chair. 
 
 And at the hour of 3 :45 o’clock p. m., the Convention went into 
 Committee of the Whole for the consideration of matters on the General 
 
 Orders. 
 
 At the hour of 4:27 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Coolley, from the Committee of the Whole, having had under 
 consideration the report of the Committee on Miscellaneous Subjects, 
 submitted to the Convention on May 13th, recommending the rejection 
 of Proposals numbered 195, 314, 315, 342 and 333, reported that the 
 Committee of the Whole had concurred in the report of the Committee 
 on Miscellaneous Subjects except as to Proposal No. 342, and asked leave 
 to sit again. 
 
 The question being on the adoption of the report of the Committee 
 
 of the Whole. 
 
 It was decided in the affirmative. 
 
 And Proposals numbered 195, 314, 315 and 333 were rejected. 
 
 Sufficient excuses were presented to the Convention on account of 
 the absence of Delegates Chew, Scanlan, Wall, Fifer and DeYoung. 
 
 Mr. Hamill then raised the point of no quorum. 
 
 Whereupon a call of the Convention was had, resulting as follows: 
 
 —15 C J 
 
226 
 
 JOURNAL OF THE 
 
 [June 28, 
 
 Brewster 
 Carlstrom 
 Coolley 
 Corcoran 
 Corlett 
 Cruden 
 Dawes 
 
 Hull 
 
 Ireland 
 
 Jarman 
 
 Kerrick 
 
 Latchford 
 
 Lindly 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Rinaker 
 
 Shanahan 
 
 Shaw 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Trautmann 
 Whitman 
 Mr. President 
 Present—37 
 
 Those present were: Messrs. 
 
 Brenholt Dietz Hogan 
 
 Dunlap 
 Dupuy, G. A. 
 
 Garrett 
 Gilbert 
 Goodyear 
 Green 
 
 :S Ham ill , 
 
 The President announced that less than a quorum was present 
 Whereupon Mr. Jarman made the following motion: That it is 
 ordered by the Convention that the delegates absent, for whom msu 
 cient or no excuses are made, he sent for and taken into custody wier 
 
 ever found by the Sergeant at Arms.” ,. - 
 
 Pending discussion, Mr. Green moved to lay the motion oi Mr. 
 
 Jarman on the table. 
 
 The motion prevailed and it was so ordered. 
 
 At the hour of 4:30 o’clock p. m. Mr. Green moved that the Conven¬ 
 tion do now adjourn until 9 :00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 227 
 
 TUESDAY, JUNE 29, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Pev. F. D. Butler, of St. Paul s Episcopal 
 
 Church, of Alton. , 
 
 The Journal of Friday, June 25th, having been printed and placed 
 
 on the desks of the delegates, as provided under the rules, was taken up 
 and, no corrections appearing, was ordered to stand approved. 
 
 Mr. Michaelson presented a petition from citizens of Cook county 
 relative’to Home Pule, which was referred to the joint committee on 
 Municipal Government and Chicago and Cook County. 
 
 Mr. Traeger presented a petition from citizens of Cook county 
 1 dative'to the reading of the Bible in the public schools, which was 
 
 refened to the Committee on Bill of Rights. 
 
 The following delegates presented petitions relative to Proposal 
 E'o. 311, which were respectively referred to the Committee on Miscella¬ 
 neous subjects, viz: 
 
 Messrs. Wilson, Hamill, Woodward, Latchford, Goodyear, Kernck, 
 Beckman, Dawes, Dupuy, Wolff, Coolley, Hollenbeck, Brenholt, Six, 
 Brandon, Shaw, Ireland, Traeger, W. A. Johnson, Brewster, Hull, Gar¬ 
 rett, Stahl, Mighell, Moore, Cruden, Scanlan, Todd, Green, Clarke, 
 Smith, Shuey, McEwen, Warren, Nichols, DeYoung, and Mills. 
 
 The consideration of the report of the Committee on Rules and 
 Procedure, recommending that Proposal No. 300 be taken from the 
 table and placed on the General Orders, having been postponed on June 
 25th, was again taken up. 
 
 Whereupon Mr. Green moved that the report of the Committee on 
 
 Pules and Procedure be non-concurred in. 
 
 Mr. Sutherland moved to amend that motion by adding “and that 
 Proposal No. 300 do not become a part of the Constitution,” which 
 
 amendment was accepted by Mr. Green. 
 
 Pending further consideration, Mr. Mighell moved the previous 
 
 question. 
 
 And the question being, “shall the main question be now put. 
 
 It was decided in the affirmative. 
 
 The question then being on the motion of Mr. Green, as amended, a 
 call of the roll was had, resulting as follows Yeas, 59; nays, 9. 
 
228 
 
 JOURNAL OF THE 
 
 [Tune 29, 
 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Dunlap 
 
 Hull 
 
 Moore 
 
 Stahl 
 
 Beckman 
 
 Dupee, E. H. 
 
 Ireland 
 
 Morris 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jack 
 
 Nichols 
 
 Taff 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Parker 
 
 Tanner 
 
 Carlstrom 
 
 Garrett 
 
 Johnson, W. A. 
 
 Revell 
 
 Todd 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Rinaker 
 
 Traeger 
 
 Corcoran 
 
 Gilbert 
 
 Lill 
 
 Scanlan 
 
 Whitman 
 
 Corlett 
 
 Gray 
 
 Mack 
 
 Shanahan 
 
 Wilson 
 
 Cruden 
 
 Green 
 
 McEwen 
 
 Shaw 
 
 Wolff 
 
 Dawes 
 
 Hamill 
 
 Meinert 
 
 Shuey 
 
 Woodward 
 
 De Young 
 
 Hogan 
 
 Mighell 
 
 Six 
 
 Mr. President 
 
 Dietz 
 
 Hollenbeck 
 
 Mills 
 
 Sneed 
 
 Yeas— 
 
 Those voting in the negative are: Messrs. 
 
 Brenholt Dryer Lindly Smith Warren 
 
 Coolley Goodyear Lohman Trautmann Nays—9. 
 
 The motion prevailed and Proposal No. 300 was ordered to lie on 
 the table. 
 
 Mr. Revell, in accordance with his notice, entered on Thursday, 
 June 24th, moved "That when the Convention adjourns this week it 
 stand adjourned until Thursday, November 11, 1920/’ 
 
 And then moved that further consideration of the motion be post¬ 
 poned until tomorrow. 
 
 And the motion prevailed. 
 
 » 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Hull to the chair. 
 
 And at the hour of 11:00 o’clock a. m. the Convention went into 
 Committee of the Whole for the further consideration of the joint report 
 from the Committees on Municipal Government and Chicago and Cook 
 County, being Proposal No. 374. 
 
 At the hour of 12:45 o’clock p. m. the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Hull, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 12 :50 o’clock p. m., Mr. Hamill moved that the 
 Convention do now take a recess until 4:00 o’clock p. m. 
 
 And the motion prevailed. 
 
 4:00 o'Clock P. M. 
 
 The hour of 4:00 o’clock p. m. having arrived, the Convention 
 resumed its session. 
 
 The President presiding. „ 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the 
 President called Mr. Hull to the chair. 
 
 And at the hour of 4:02 o’clock p. m. the Convention went into 
 Committee of the Whole for the further consideration of the joint 
 report from the Committees on Municipal Government and Chicago and 
 Cook County, being Proposal No. 374. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 At the hour of 4:32 o’clock p. m. the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Hull, from the Committee of the Whole, having had under 
 consideration Proposal Ho. 374, reported back Sections 5 and 8 thereof, 
 as amended, to read as follows: 
 
 Section 5. No law shall be passed by the General Assembly granting 
 the right to construct or operate any public utility within any city, village or 
 incorporated town requiring the occupation or use of streets, alleys or public 
 ways by permanent fixtures or equipment, without requiring the consent of 
 the corporate authorities. 
 
 Section 8. In aid of the public health, safety, comfort and welfare, and 
 for the conservation of the taxable value of property throughout the munici¬ 
 pality, any city, village or incorporated town may adopt equitable regulations 
 governing the character and intensity of the use of lot areas and limiting 
 buildings and structures of every kind according to their use or construction, 
 or both, to specified districts of such municipality. Authority to adopt such 
 regulations shall be deemed to be included within the police power and 
 within the powers of local government vested in cities, villages and incor¬ 
 porated towns under this constitution. This provision shall apply to any 
 statute or ordinance heretofore passed whose provisions are within the terms 
 of this section. Nothing in this provision shall be construed to diminish in 
 any way the police power in the full extent in which it would obtain without 
 this provision. 
 
 And recommend that said sections do pass. 
 
 The report of the committee was concurred in and Sections 5 and 8 
 referred to the Committee on Phraseology and Style. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the 
 President called Mr. Einaker to the chair. 
 
 And at the hour of 4:35 o’clock p. m. the Convention went into 
 Committee of the Whole for the further consideration of Proposal 
 
 No. 376. 
 
 At the hour of 7:00 o’clock p. m. the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Einaker, from the Committee of the Whole, reported that the 
 Committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 The Convention proceeding on the Order of Eeports of Standing 
 Committees. 
 
 Mr. Lindly submitted the following report: 
 
 Your Committee on Public Works and Improvements, to which was re¬ 
 referred Proposal numbered 354 with amendments thereto, reports the same 
 back with a substitute therefore, being Proposal No. 377, a proposal entitled 
 Canals and Waterways, and recommends that the original proposal and 
 amendments, above enumerated, be rejected, and that the substitute Proposal 
 No. 377 be placed on the General Orders. 
 
 (Signed) Cicero J. Lindly, 
 
 Chas. H. Ireland, 
 
 William M. Scanlan, 
 
 Walter H. Wilson, 
 
 *L. A. Jarman, 
 
 Will Stewart, 
 
 *But not in favor of it. 
 
 Committee. 
 

 
 
 230 
 
 JOURNAL OF THE 
 
 [June 29, 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. Binaker submitted the following report: 
 
 Your Committee on Bill of Rights, to which was referred Proposal No 
 129 reports the same back with the recommendation that it he ma 
 a part of the Bill of Rights. 
 
 y (Signed) Thos. Rinaker, 
 
 W. M. SCANLAN, 
 
 Edward H. Morris, 
 
 James Nichols, 
 
 Philip E. Elting, 
 
 C. A. Shuey, 
 
 Rufus C. I? awes, 
 
 Alexander H. Revell, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr Rinaker submitted the further report: 
 
 Your Committee on Bill of Rights, to which was referred Proposal No 
 136. reports the same back with the recommendation that it be made 
 a part of the Bill of Rights. 
 
 p (Signed) *Thos. Rinaker, 
 
 Rufus C. Dawes, 
 
 C. A. Shuey, 
 
 Edward H. Morris, 
 
 William M. Scanlan, 
 
 Philip E. Elting, 
 
 Alexander H. Reyell, 
 
 ♦With reservations. i x v 4-V.r. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Mr Rinaker submitted the further report: 
 
 Your Committee on Bill of Rights, to which was referred Proposal num- 
 Your Committee on Bill of Rights, to which was referred Proposal No. 
 
 282 reports the same back with the recommendation that it be rejected, 
 icpu (Signed) Thos. Rinaker, 
 
 William M. Scanlan, 
 
 Edward H. Morris, 
 
 Edward Corlett, 
 
 James Nichols, 
 
 Philip E. Elting, 
 
 C. A. Shuey, 
 
 Rufus C. Dawes, 
 
 Alexander H. Revell, 
 
 The report of the committee was ordered printed and to lie on the 
 
 "t/Elbl-G *i_ 
 
 At the hour of 7:05 o’clock p. m., Mr. Lindlv moved that the 
 
 Convention do now adjourn until 9:00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 231 
 
 WEDNESDAY, JUNE 30, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. . 
 
 Prayer was offered by the Pev. F. D. Butler, of St. Paul s Episcopal 
 
 Church, of Alton. . 
 
 The Journal of Monday, June 28th, having been printed and 
 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up and, no corrections appearing, was ordered to stand approved. 
 
 Mr. W. A. Johnson presented a petition from citizens of Cook 
 county relative to Proposal No. 300, which was referred to the Com¬ 
 mittee on Miscellaneous Subjects. 
 
 Mr. Kerrick presented a petition from pupils of the public schools 
 of Danvers, Illinois, relative to the reading of the Bible in the public 
 schools, which was referred to the Committee on Bill of Rights. 
 
 The consideration of the motion of Mr. Revell “That when the 
 Convention adjourns this week it stand adjourned until Thursday, 
 November 11, 1920/’ having been put on yesterday and postponed until 
 
 today, was again taken up. 
 
 Pending discussion, Mr. Davis moved the previous question. 
 
 And the question being, “Shall the main question be now put?” 
 It was decided in the affirmative. 
 
 The question then being on the motion of Mr. Revell, a call of the 
 roll was had, resulting as follows: Yeas, 8; nays, 68. 
 
 Those voting in the affirmative are: Messrs. 
 
 Brandon Elting Lohman Revell 
 
 Corcoran F'role Michaelson 
 
 Wolff 
 
 Yeas— 8 . 
 
 Those voting in the negative are: Messrs. 
 
 Barr 
 
 Dryer 
 
 Hollenbeck 
 
 Miller 
 
 Beckman 
 
 Dunlap 
 
 Hull 
 
 Mills 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Ireland 
 
 Moore 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jack; 
 
 Morris 
 
 Carlstrom 
 
 Fifer 
 
 Jarman 
 
 Nichols 
 
 Clarke 
 
 Gale 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Coollev 
 
 Garrett 
 
 Kerrick 
 
 Scanlan 
 
 Corlett 
 
 Gee 
 
 Latchford 
 
 Shanahan 
 
 Cruden 
 
 Gilbert 
 
 Lill 
 
 Shaw 
 
 Cutting 
 
 Goodyear 
 
 Lindly 
 
 Shuey 
 
 Davis 
 
 Gray 
 
 Mack 
 
 Six 
 
 Dawes 
 
 Green 
 
 McEwen 
 
 Smith 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Sneed 
 
 • 
 
 Dietz 
 
 Hogan 
 
 Mighell 
 
 
 Stahl 
 
 Stewart 
 
 Sutherland 
 
 Taff 
 
 Tanner 
 
 Todd 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Nays—68. 
 
 And the motion was lost. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procudure, to-wit. 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully recommends that 
 reports of the Committee on Bill of Rights on Proposals numbered 129, 136, 
 
2 32 journal OF THE [June 30, 
 
 282, be taken from the table and placed on General Orders for consideration 
 in Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 The President, as chairman, laid before the Convention the further 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Repoet. 
 
 Your Committee on Rules and Procedure respectfully recommends that 
 Proposal No. 377, reported by the Committee on Public Works and Improve¬ 
 ments as a substitute for Proposal No. 354, which was recommitted to said 
 committee, be taken from the table and placed upon the General Orders for 
 consideration in Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 Mr. Barr called up the motion made by Mr. Hamill on June 23d, 
 “That the vote by which the report of the Committee on Legislative 
 Department was adopted, be reconsidered,” the consideration of which 
 motion was postponed until today. 
 
 And moved that consideration of said motion be further postponed 
 until Wednesday, July 7, 1920. 
 
 And the motion prevailed. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the Presi¬ 
 dent called Mr. Einaker to the chair. 
 
 And at the hour of 10 :20 o'clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of Proposal 
 Ho. 376. 
 
 At the hour of 6:15 o’ clock p. m. the Convention resumed its session. 
 
 The President presiding. 
 
 Mr. Rinaker, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 The report of the committee was concurred in. 
 
 And at the hour of 6 :18 o’clock p. m., Mr. Hamill moved that the 
 Convention do now adjourn until 9 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 OQQ 
 w o o 
 
 THURSDAY, JULY 1, 1920, 9:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. F. D. Butler, of St. Paul's Episcopal 
 Church, of Alton. 
 
 The Journal of Tuesday, June 29th, having been printed and 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Rinaker to the chair. 
 
 And at the hour of 9 :30 o'clock a. m. the Convention went into 
 Committee of the Whole for the further consideration of the reports of 
 the Committee on Bill of Rights, being Proposals numbered 376, 129, 
 136, and 282. 
 
 At the hour of 10:57 o'clock a. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr- Rinaker, from the Committee of the whole, having had under 
 consideration Proposals numbered 375, 376, 136 and 282, reported back 
 Proposal Yo. 376, together with the following amendments thereto, 
 including the added amended section of Proposal No. 136, and recom¬ 
 mended that the Proposal, as amended and reported, do pass. Which 
 said amendments are as follows, to-wit: 
 
 Amend Section 5 by adding at the end thereof the words “but shall 
 not be required to serve,” so that the last sentence will read as follows: 
 ‘‘Women shall be eligible to jury service but shall not be required to 
 serve.” 
 
 Amend Section 5 by striking out in line 4 the words “and less than an 
 unanimous verdict in civil cases.” 
 
 Amend Section 8 by inserting after the word “of” in line 3 the letter 
 “a” and after the word “court” in line 3 the words “of record.” 
 
 Amend Section 13 by adding at the end of said section after the word 
 “excess” the words “or any part thereof.” 
 
 Amend Section 17 by striking out the entire section and substituting 
 in lieu thereof the following: “All elections shall be free and equal.” 
 
 Amend Section 19 by striking out in lines 4 and 5 the words “The 
 State is and shall ever remain representative in its system of government 
 and not a pure democracy.” 
 
 Amend Proposal No. 376 by striking out all of Section 20 thereof. 
 
 Amend Proposal No. 376 by adding thereto the amended section of Pro¬ 
 posal No. 136, towit: 
 
 Amended Section of Proposal No. 136. 
 
 The laws of this State shall be applicable alike to all citizens, without 
 regard to race or color, and no citizen shall be prohibited from doing any- 
 
234 
 
 JOURNAL OF THE 
 
 [July 1, 
 
 thing that any other citizen may do, because or by reason of the race or 
 color of such citizen. ‘ . „ 
 
 The report of the committee was concurred in and Proposal No. 376 
 
 referred to the Committee on Phraseology and ^t)le. 
 
 Mr. Einaker submitted a further report with the recommendation 
 the Proposal No. 375, as reported from the Committee on Bill of Eights, 
 
 ^ The report of the committee was concurred in and Proposal No. 
 375 referred to the Committee on Phraseology and Style. 
 
 Mr. Einaker submitted a further report with the recommendation 
 
 that Proposal No. 282 be rejected. . _ _ _ , T 
 
 The report of the committee was concurred m and Proposal Ao. 
 
 282 ordered to lie on the table. ^ 
 
 Mr. Einaker submitted a further report recommending that Pro¬ 
 posals numbered 4, 31, 32, 70, 79, 86, 97, ^8, 118, 
 
 208. 217, 225, 226, 229, 239, 240, 247, 252, 2o4, 30 i, 330, 33l, 347, 
 
 and 348, be rejected. _ _ ^ i 
 
 The report of the committee was concurred m, and the Proposals 
 
 above numberated were ordered to lie on the table. 
 
 General Orders. 
 
 The Convention again proceeding on the General Ordeis, the Presi¬ 
 dent called Mr. Lindly to the chair. 
 
 4nd at the hour of 11:00 o’clock a. m., the Convention went into 
 
 Committee of the Whole for the consideration of the report from the 
 Committee on Public Works and Improvements, being Proposal ISIo . 37 <. 
 At the hour of 1:07 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. _ , ,, 
 
 Mr. Lindly, from the Committee of the hole, reported that the 
 
 Committee had made progress and asked iea'^ e to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 1:10 o’clock p. m., Mr. Hamill moved that the 
 Convention do now take a recess until 8 :00 o clock p. m. 
 
 And the motion prevailed. 
 
 # 
 
 8:00 o'Cloce; P. M. 
 
 The hour of 8 :00 o’clock p. An. having arrived, the Convention 
 
 resumed its session. 
 
 The President presiding. 
 
 General Orders. 
 
 The Convention again proceeding on the General Orders, the Presi¬ 
 dent called Mr. Lindly to the chair. , . , 
 
 And at the hour of 8 :02 o’clock p. m. the Convention went into 
 
 Committee of the Whole for the further consideration of the report of 
 the Committee on Public Works and Improvements, being Proposal 
 
 No. 377. 
 
CONSTITUTIONAL CONVENTION. 
 
 235 
 
 19^20.] LUJ CHJ-t; JLiw.> -iii 
 
 At the hour of 10:42 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Lindly,’ from the Committee of the Whole, reported that the 
 Committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Green moved that when the Convention adjourns today, it 
 stand adjourned until Tuesday, July 6, 1920, at 10:00 o clock a. m. 
 
 And the motion prevailed. 
 
 The Convention proceeding on the Order of Deports of Standing 
 Committees. 
 
 Mr. Gale submitted the following report: 
 
 Your Committee on Revenue, Taxation and Finance, to which was 
 referred Proposals numbered 1, 11, 43, 44, 54, 62, 63, 66, 69, 71, <2, 76, 82, 8o, 
 92, 101, 103, 109, 110, 113, 114, 154, 160, 161, 181, 191, 201, 227, 241, 244, 248, 
 249, 250, 257, 260, 261, 266, 270, 284, 289, 302, 306, 308, 311, 323, 326, 327, 
 
 328, 338, 343, 344, and Article IX of the Constitution of 1870 reports the 
 
 same back with a substitute therefor, being Proposal No. 378, a Proposal 
 for a revenue article for the Constitution of 1920. 
 
 And recommends that the original proposals, above enumerated, be 
 
 rejected, and that the substitute Proposal No. 378 be placed on the General 
 
 Orders. 
 
 (Signed) Geo. C. Gale, 
 
 *C. A. Shuey, 
 fE. E. Fyke, 
 
 JMartin J. O’Brien, 
 
 Frank S. Whitman, 
 
 * John J. Brenholt, Jr., 
 Watts A. Johnson, 
 
 Douglas Sutherland, 
 
 George A. Barr, 
 
 Rufus C. Dawes, 
 
 Abel Davis, 
 
 Eugene H. Dupee, 
 
 ♦Except Section l. Committee . 
 
 t Except Section 3. 
 
 % Except Section 4. ,, 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 Mr. DeYoung submitted the following report: 
 
 Your Committee on Judicial Department, to which was referred Pio- 
 posals numbered 29, 56, 91, 132, 144, 222, 294, 317, 324, reports the same back 
 with a substitute therefor, being Proposal No. 379, a proposal entitled Ju¬ 
 dicial Department. , , . . 
 
 And recommends that the original Proposals, above enumerated, be 
 
 rejected, and that the substitute Proposal No. 379 be placed on the General 
 Orders 
 
 (Signed) C. S. Cutting, 
 
 *A. F. Goodyear, 
 
 * John L. Dr yer, 
 
 ♦Henry I. Green, 
 
 ♦David E. Mack, 
 
 *S. J. Gee, 
 
 Geo. A. Duptjy, 
 
 Willard M. McEwen, 
 Frederic R. DeYoung, 
 Committee . 
 
 ♦Reserving right to amend Section 5, or file minority report providing for 7 
 instead of 9 Supreme Court justices. 
 
236 JOURNAL OF THE [July ,1, 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 At the hour of 10:55 o’clock p. m., Mr- Cutting moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And, in accordance with the motion heretofore adopted, the 
 Convention stood adjourned until Tuesday, July 6, 1920, at 10:00 
 o’clock a. m. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 237 
 
 TUESDAY, JULY 6, 1920, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. W. E. Bennett, of the First Meth¬ 
 odist Episcopal church, of McLeansboro. 
 
 The Journal of Wednesday, June 30th, having been printed and 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up, and, no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding on the Order of Eeports of Standing 
 Committees: 
 
 Mr. Kerrick submitted the following minority report: 
 
 The undersigned members of the Committee on Revenue, Taxation and 
 Finance, being a minority of said committee, not in agreement with the 
 report of the majority of said committee as to Section 1 as set forth in 
 the report of said majority, do hereby report and recommend the adoption 
 of Section 1, as hereinafter set forth, being Proposal No. 380, in lieu of Sec¬ 
 tion 1 as set forth in the majority report of said committee. 
 
 “Section 1. The General Assembly shall provide for the levy of taxes 
 upon all property 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 
 shall be ascertained by some person or persons to be elected or appointed 
 in such manner as the General Assembly shall direct, and not otherwise, 
 hut the General Assembly shall have power to levy taxes upon franchises, 
 privileges and occupations uniform as to the class upon which they operate. 
 
 “The General Assembly shall provide that concurrently with the levy 
 of taxes by valuation as aforesaid a tax shall be levied upon all incomes 
 from whatever source derived. Such income tax shall be levied at an 
 uniform rate, except that a lower rate may be imposed upon incomes de¬ 
 rived otherwise than from property, than upon incomes derived from prop¬ 
 erty. 
 
 “Taxes levied on property by valuation and paid shall be deducted from 
 the income tax derived from such property for the same year. Exemption 
 of taxation of net incomes derived from any source in an amount not ex¬ 
 ceeding $500 to a person not the head of a family whose total net income 
 is less than $1,000, and not exceeding $1,000 to the head of a family whose 
 total net income is less than $2,000, may be exempted from taxation.” 
 
 (Signed) T. C. Kerrick, 
 
 Alvin Warren, 
 
 J. J. Brenholt, Jr., 
 
 Wm. J. Sneed, 
 
 Minority of the Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 called Mr. Lindly to the chair. 
 
238 
 
 JOURXAL OF THE 
 
 [July 6, 
 
 2 the words “for purposes of 
 
 And at the hour of 10:25 o’clock a. m. the Convention went into 
 Committee of the Whole for the further consideration of the report of the 
 Committee on Public Works and Improvements, being Proposal Ko. 377. 
 At the hour of 4:22 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Lindly, from the Committee of the Whole, having had under 
 consideration Proposal ISTo. 377, reported the same hack, together witu 
 
 the following amendments thereto: 
 
 Amend Section 4 by inserting after the word “State” in line 3 the words 
 
 “at a general election”. 
 
 Amend Section 5 by striking out in line 
 transportation or”. 
 
 Amend Section 6 by striking out in line 
 nance and preservation thereof”, and in line 
 
 Amend Section 6 by adding at the end thereof the following: Otherwise 
 than as in this article provided, the General Assembly shall never loan t e 
 credit of the State or make appropriation from the treasury thereof, m aid 
 
 of canals ., 
 
 Amend Section 7 by adding after the word “power” in line 1 the words 
 
 “or railway or terminal purposes”. 
 
 And recommended that the Proposal, as amended, do pass. 
 
 The report of the committee was concurred in and Proposal Ao. 
 377 was referred to the Committee on Phraseology and Style. 
 
 At the hour of 4:25 o’clock p. m., Mr. Sutherland moved that the 
 Convention do now adjourn until 9 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
 the words “for the mainte- 
 the words “any fund other 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 239 
 
 WEDNESDAY, JULY 7, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Pev. W. E. Bennett, of the First 
 Methodist Episcopal Church, of McLeansboro. 
 
 The Journal of Thursday, July 1, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken 
 up, and no corrections appearing, was ordered to stand approved. 
 
 Mr. Michaelson presented a petition from citizens of Cook County 
 relative to the reading of the Bible in the public schools, which was 
 referred to the Committee on Bill of Rights. 
 
 The Convention proceeding on the order of Reports of Standing 
 
 Committees. 
 
 Mr. Shuey submitted the following minority report: 
 
 The undersigned member of the Committee on Revenue, Taxation and 
 Finance, being a minority of said committee, not in agreement with the 
 report of said committee as to section one as set forth in the report of said 
 majority, do hereby report and recommend the adoption of section one as 
 hereinafter set forth, being Proposal No. 381, in lieu of section one as set 
 forth in the majority report of said committee: 
 
 The General Assembly shall have power to levy taxes by valuation on 
 all property in this State uniform as to persons and property without dis¬ 
 crimination. 
 
 The General Assembly shall have power to levy taxes without dis¬ 
 crimination as to persons or property according to valuation on all real 
 estate and tangible personal property; and in lieu of all other taxes on 
 intangible personal property, and General Assembly shall have power (and 
 in case no other taxes are levied on intangible personal property, the 
 General Assembly shall) levy an income tax, at a rate to be determined by 
 the General Assembly, on all incomes including those arising out of property 
 upon which the income-taxpayer shall be required to pay ad valorem taxes. 
 
 In the event that the General Assembly, by virtue of the foregoing pro¬ 
 vision, levy an income tax in accordance therewith the General Assembly 
 shall provide that taxpayer paying ad valorem taxes, shall return his entire 
 income, including income arising out of property subject to ad valo'i em 
 taxes, and that such taxpayer may deduct the amount of ad valotem taxes 
 he is required to pay from that part of his income taxes computed on in¬ 
 come arising out of property, upon which he is required to pay ad valotem 
 
 tclX6S. 
 
 In the construction of the provision allowing ad valorem taxes to be 
 deducted from income taxes arising out of property upon which ad valorem 
 taxes are required to be paid, in all cases where it is impossible to determine 
 whether the income arises out of such property, or is attributable to the 
 personal endeavors of the taxpayer, and in all cases where the income aiises 
 out of both endeavor and such property, the deduction shall be allowed. 
 
 The General Assembly shall also have power to impose taxes upon 
 franchise privileges and occupations by general law uniform as to class 
 upon ■which it operates. 
 
240 
 
 JOURNAL OF TRIE 
 
 [July 7, 
 
 Not exceeding five hundred dollars to a person not the head of a family 
 whose total net income is less than one thousand dollars, and not exceeding 
 one thousand dollars to a head of a family whose total net income is less 
 than two thousand dollars, may be exempted from income tax. 
 
 The income tax levied may be graduated, but the rates provided for by 
 the General Assembly must be graduated only according to amounts of 
 income and the difference in rate shall not be greater than six to one. 
 
 The income tax shall be a substantial tax and shall approximate the 
 ad valorem tax burden. 
 
 (Signed) C. A. Shuey, 
 
 Member of the Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. Revel 1 called up the matter of taking a recess and moved that 
 it be the sense of the Convention that a recess be taken. 
 
 Pending discussion, Mr. Carlstrom moved as a substitute that the 
 Convention first proceed to consider the reports of the Committee on 
 Revenue, Taxation and Finance; Judiciary; Chicago and Cook County 
 and other matters on the General Orders now before the Convention. 
 
 The question being on the substitute motion, a call of the roll was 
 had, resulting as follows: Yeas, 40; nays, 39. 
 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Nichols 
 
 Sutherland 
 
 Brenholt 
 
 Dawes 
 
 Hogan 
 
 Rinaker 
 
 Taff 
 
 Carlstrom 
 
 Dietz 
 
 Jack 
 
 Scanlan 
 
 Tanner 
 
 Chew 
 
 Dunlap 
 
 Lill 
 
 Shanahan 
 
 Torrance 
 
 Clarke 
 
 Dupuy, G. A. 
 
 Lindly 
 
 Shuey 
 
 Traeger 
 
 Coolley 
 
 Gale 
 
 McEwen 
 
 Six 
 
 Trautmann 
 
 Corlett 
 
 Gee 
 
 Meinert 
 
 Smith 
 
 Wa rren 
 
 Cruden 
 
 Gray 
 
 Mills 
 
 Stewart 
 
 Mr. President 
 
 Yeas— 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Brewster 
 
 Frole 
 
 Ireland 
 
 Michaelson 
 
 Revell 
 
 Corcoran 
 
 Ganschow 
 
 Jarman 
 
 Mighell 
 
 Sneed 
 
 Cutting 
 
 Garrett 
 
 Johnson, W. A. 
 
 Miller 
 
 Todd 
 
 De Young 
 
 Gilbert 
 
 Kerrick 
 
 Moore 
 
 Wall 
 
 Dryer 
 
 Goodyear 
 
 Kunde 
 
 Morris 
 
 Whitman 
 
 Dupee, E. H. 
 
 Gorman 
 
 Latchford 
 
 Paddock 
 
 Wilson 
 
 Elting 
 
 Hollenbeck 
 
 Lohman 
 
 Parker 
 
 Woodward 
 
 Fifer 
 
 Hull 
 
 Mack 
 
 Potts 
 
 Nays—! 
 
 And the motion prevailed. 
 
 Mr. Hamill called up his. motion, heretofore entered on June 24 
 and postponed until today, to reconsider the vote by which the Conven¬ 
 tion adopted the report of the Committee of the Whole on Legislative 
 Department. 
 
 Whereupon Mr. Barr moved that further consideration of said 
 motion be deferred until a later date. 
 
 Pending consideration, at the hour of 11:55 o’clock a. m., Mr. 
 Gale moved that the Convention do iioav take a recess until 2:00 
 o’clock p. m. 
 
 And on that motion a division was had, resulting as follows: Yeas, 
 35; nays, 37. 
 
 And the motion was lost. 
 
 Pending further consideration, at the hour of 12 :30 o’clock p. m., 
 Mr. Dietz moved that the Convention do now take a recess until 2 :30 
 o’clock p. m. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 241 
 
 And on that motion a division was had, resulting as follows: Yeas, 
 
 41; nays, 34. 
 
 The motion prevailed. 
 
 2:30 o'Clock P. M. 
 
 The hour of 2:30 o'clock p. m. having arrived, the Convention 
 
 resumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being, the 
 motion of Mr. Barr to defer action on the motion to reconsidei, the 
 same was again taken up. 
 
 Whereupon, Mr. Barr, by unanimous consent, withdrew his motion. 
 And the question then being on the motion of Mr. Hamill to recon¬ 
 sider the vote by which the Convention adopted the report of the Com¬ 
 mittee of the Whole on Legislative Department. 
 
 It was decided in the affirmative. 
 
 Mr. Barr thereupon moved that the report of the Committee of the 
 Whole on Legislative Department be now placed on the General Orders. 
 And the motion prevailed. 
 
 Mr. Gale moved that the majority and minority reports of the 
 Committee on Pevenue, Taxation and Finance he placed on the General 
 Orders. 
 
 And the motion prevailed. 
 
 Mr. Dupuy moved that the Convention do now adjourn until Tues¬ 
 day, September 21, 1920, at 10 :00 o'clock a. m. 
 
 Mr. Lindly moved to amend said motion by striking out “Sep¬ 
 tember 21" and inserting in lieu thereof “November 9." 
 
 And the question being on the amendment, it was decided m the 
 
 negative. 
 
 The question recurring on the motion of Mr. Dupuy, a call of the 
 roll was had, resulting as follows: Yeas, 4-4; nays, 35. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Barr 
 
 Dupee, E. H. 
 
 Gorman 
 
 Mack 
 
 Shuey 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Gray 
 
 McEwen 
 
 Smith 
 
 Clarke 
 
 Elting 
 
 Green 
 
 Meinert 
 
 Sneed 
 
 Cutting 
 
 Fifer 
 
 Hollenbeck 
 
 Michaelson 
 
 Traeger 
 
 Davis 
 
 Frole 
 
 Hull 
 
 Miller 
 
 Trautmann 
 
 Dawes 
 
 Gale 
 
 Johnson, W. A. 
 
 Mooire 
 
 Wall 
 
 De Young 
 
 Garrett 
 
 Kerrick 
 
 Morris 
 
 Whitman 
 
 Dietz 
 
 Gilbert 
 
 Latchford 
 
 Paddock 
 
 Wilson 
 
 Dryer 
 
 Goodyear 
 
 Lohman 
 
 Parker 
 
 Yeas- 
 
 16 C J 
 
242 
 
 JOURNAL OF THE 
 
 [July 7, 
 
 Those 
 
 voting in 
 
 the negative 
 
 Brenholt 
 
 Gee 
 
 Lill 
 
 Carlstrom 
 
 Hamill 
 
 Lindly 
 
 Coolley 
 
 Hog-an 
 
 Mighell 
 
 Corcoran 
 
 Ireland 
 
 Mills 
 
 Corlett 
 
 Jack 
 
 Nichols 
 
 Cruden 
 
 Jarman 
 
 Potts 
 
 Ganschow 
 
 Kunde 
 
 Revell 
 
 The motion prevailed. 
 
 And at the hour of 3 :45 o’clock 
 joumed until Tuesday, September 21, 
 
 Messrs. 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shaw 
 
 Six 
 
 Stewart 
 
 Sutherland 
 
 Taft 
 
 Tanner 
 
 Todd 
 
 Torrance 
 
 Warren 
 
 Wolff 
 
 Woodward 
 
 Nays—35. 
 
 p. m., the Convention stood ad- 
 1920, at 10:00 o’clock a. m. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 243 
 
 TUESDAY, SEPTEMBER 21, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Abram G. Bergen, ot the hirst 
 
 Presbyterian Church, of Springfield. , 
 
 The Journal of Tuesday, July 6, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up, 
 and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the fol¬ 
 lowing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully reports the follow¬ 
 ing resolution and recommends its adoption: 
 
 Resolution No. 29. 
 
 Resolved , That when this Convention adjourns today it adjourns to meet 
 at 10:00 o’clock a. m., on Monday, November 8, 1920, and that when t 
 Convention meets at that time it shall sit six days a week, and the President 
 be instructed to enforce the attendance of the delegates. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 Mr. Michal offered the following resolution and moved its adoption: 
 
 Resolution No. 30. 
 
 Whereas, It is very generally complained of and charged in Chicago and 
 other of the larger centers of this State, by the patrons of State banks, t a 
 such institutions, are systematically violating the laws ot this State, t 
 rate of interest charges by demanding not only the maximum interest rates 
 allowed by law, but under the guise and pretext of charging commissions or 
 bonuses for securing or granting loans, are exacting in many instances fi om 
 ten to twenty-five per cent of the amounts loaned. 
 
 Whereas, This practice tends to throw unnecessary burdens on business 
 and agriculture; resulting in preventing building operations, the movement 
 and storing of crops, the employment of labor in industrial lines and in 
 keeping up the present high cost of all commodities required by our people. 
 If these reports are true, this Convention should know the facts so as to 
 more clearly suggest remedies for the correction of this evil. 
 
 Therefore , he it Resolved, That the President be, and he is hereby 
 directed, to appoint a committee of seven members of this body to fully 
 investigate the subject of bank loans in this State, and report to this bo y 
 its findings, conclusions and recommendations. Said committee to be em¬ 
 powered to compel the attendance of witnesses by subpoena or otheiwise, 
 the production by them of books and papers, and to administer oaths and to 
 do all things so as to become fully advised in the premises. 
 
244 
 
 JOURNAL OF THE 
 
 [Sept. 21, 
 
 Pending 1 consideration, Mr. Hamill moved to lav the resolntion on 
 the table. 
 
 And the question being on the motion to table. 
 
 It was decided in the affirmative. 
 
 The Convention proceeding on the order of Reports of Standing 
 Committees. ° 
 
 Mr. O'Brien submitted the following report: 
 
 Your Committee on Miscellaneous Subjects, to wbicb was referred 
 Proposal No. 224, beg leave to report the same back with recommendation 
 that it be rejected. 
 
 (Signed) Martin J. O’Brien, 
 
 Watts A. Johnson, 
 
 E. B. Coolley, 
 
 Henry W. Meinert, 
 Herbert F. Lull, 
 
 M. A. Michaelson, 
 
 Geo. F. Lohman, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. O'Brien submitted the following further report: 
 
 Your Committee on Miscellaneous Subjects, to which was referred 
 Proposals No. 142 and 215, beg leave to report the same back with a substi¬ 
 tute therefor, as follows, being Proposal No. 382 “A Proposal relative to 
 amendments to the Federal Constitution.” 
 
 Resolved, That the following shall become part of the Constitution of 
 Illinois: 
 
 TV henever the Congress of the United States shall by appropriate reso¬ 
 lution, propose an amendment to the Federal Constitution, such resolution 
 shall be filed and remain in the office of the Governor until after the mem- 
 hers of the next General Assembly shall have been elected. 
 
 TT hen pursuant to law and this election, the General Assembly shall 
 have been organized, the Governor shall present such resolution and pro¬ 
 posed amendment for consideration.” 
 
 -And recommend that the same be placed on the general orders. 
 
 (Signed) Martin J. O’Brien, 
 
 Wm. T. Hollenbeck, 
 Rodney H. Brandon, 
 
 E. B. Coolley, 
 
 H. W. Meinert, 
 
 M. A. Michaelson, 
 
 Geo. F. Lohman, 
 
 Herbert T. Lull, 
 
 J. H. Paddock, 
 
 S. E. Pixctjs, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. Green moved that the Secretary be instructed to print in 
 pamphlet form all reference proposals now pending before the Conven¬ 
 tion. 
 
 Mr. Michal moved to lay the motion on the table. 
 
 And the question being on the motion to table, it was decided in the 
 negative. 
 
 The question recurring on the motion of Mr. Green, it was decided 
 in the affirmative. 
 
CONSTITUTIONAL CONVENTION. 
 
 245 
 
 1920.] 
 
 At the hour of 11:05 o'clock a. m., Mr. Green moved that the Com 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And in accordance with the resolution heretofore adopted, the Con¬ 
 vention stood adjourned until Monday, November 8, 1920, at 10:00 
 o'clock a. m. 
 
 / 
 
246 
 
 JOURNAL OF THE 
 
 [Xov. 8, 
 
 MOXDAY, NOVEMBER 8, 1920, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The' President presiding. 
 
 Prayer was offered by the Eev. M. P. Botmton, of the Woodlawn 
 Baptist Church, of Chicago. 
 
 The Journal of Wednesday, July 7, having been printed and placed 
 on the desk of the delegates, as provided under the rules, was taken up, 
 and no corrections appearing, was ordered to stand approved. 
 
 Mr. Paddock offered the following resolution and moved its adop¬ 
 tion : 
 
 Resolution No. 31. 
 
 Whereas. The members of the Constitutional Convention have learned 
 with the deepest regret of the death of the Hon. Clinton L. Conkling, at 
 Springfield, Illinois, on the twelfth day of October, 1920; and 
 
 Whereas. Mr. Conkling at the time of his death was an honored and 
 respected member of this Convention from the forty-fifth senatorial district; 
 
 and Whereas, We desire to note that Mr. Conkling was horn in Sangamon 
 County in 1843, and that he has been a resident thereof all his life; that at 
 the time of his death he was the oldest and leading member of the bar of 
 that county; and that he took an active interest in all political, civic and 
 religious matters affecting the people among whom he lived; now, there¬ 
 fore be it 
 
 Resolved, That we express our esteem and respect for the honored dead, 
 and our sympathy for those to whom the sorrow of his death is most keen, 
 
 and, be it further . 
 
 Resolved, That we express our deep regret at the loss of one of our most 
 
 useful and respected associates, and at the loss to the State of Illinois and 
 his community of an honored and respected citizen; and, he it further 
 
 Resolved, That this preamble and resolution be spread upon the records 
 of this Convention; that a suitably engrossed copy thereof be sent to the 
 members of the bereaved family; and that as a further mark of respect to 
 his memory the Convention do now adjourn. 
 
 The resolution was unanimously adopted by a rising vote. and,, in 
 accordance therewith, at the hour of 10 :45 o clock a. m., the Convention 
 stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 247 
 
 TUESDAY, NOVEMBER 9, 1920, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. .. 
 
 Prayer was offered by the Rev. M. P. Boynton, of the V oodlawn 
 
 Baptist Church, of Chicago. . . , , , 
 
 The Journal of Tuesday, September 21, having been printed and 
 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the fol¬ 
 lowing report from the Committee on Pules and Procedure, to-wit. 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully suggests the 
 adoption of the following schedule and order for consideration of committee 
 
 reports in Committee of the Whole. . , 
 
 Beginning Tuesday morning, November 9th, committee reports m the 
 
 following order: 
 
 1st: Revenue, Taxation and Finance. 
 
 2nd: Initiative, Referendum and Recall. 
 
 3rd: Judicial Department. 
 
 4th: Chicago and Cook County. » 
 
 Upon agreement between the Delegates having under consideration of 
 the subject of legislative apportionment, the foregoing schedule and calen¬ 
 dar will yield place to conform with their report, for any specmc time agreed 
 
 P Otlfer committee reports and propositions remaining undisposed of will 
 be put upon the calendar by subsequent order or when reached at the con¬ 
 clusion of the foregoing schedule. 
 
 The question being on the adoption of the report of the committee. 
 It was decided in the affirmative. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Gale to the chair. 
 
 And at the hour of 10:10 o'clock a. m., the Convention went into 
 Committee of the Whole for the consideration of the three reports from 
 the Committee on Revenue, Taxation and Finance, being Proposals 
 
 numbered 378, 380 and 381. ... 
 
 At the hour of 5:40 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. j _ ^ , .. 
 
 Mr. Whitman from the Committee of the Whole reported that the 
 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred m. 
 
248 
 
 JOURiSTAL OF THE 
 
 [Xov. 9, 
 
 At the hour of o .43 o clock p. m., Mr. Trautmann moved that the 
 Convention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 249 
 
 WEDNESDAY, NOVEMBER 10, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. M. P. Boynton, of the Woodlawn 
 
 Baptist Church, of Chicago. , , ... , 
 
 The Journal of Monday, November 8, having been printed and 
 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Gale to the chair. 
 
 And at the hour of 9 :05 o’clock A. M., the Convention went into 
 Committee of the Whole, for the further consideration of the three 
 reports from the Committee on Revenue, Taxation and Finance, being 
 
 Proposals numbered 378, 380 and 381. 
 
 At the hour of 12:32 o’clock P. M., the Convention resumed its 
 
 session. 
 
 The President presiding. # 
 
 Mr. Whitman from the Committee of the Whole, reported that the 
 Committee had made progress and asked leave to sit. again. 
 
 And the report of the Committee was concurred m. . 
 
 The President, as Chairman, laid before the Convention the follow - 
 ing report from the Committee on Pules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure recommends that upon the 
 convening of the Convention tomorrow morning at nine o clock appropriate 
 exercTses in commemoration of Armistice Day be held and that General 
 Davis, Captain Carlstrom and Lieutenant Six be invited to address the Co 
 
 vent yo ^CommitTee further recommends that the President send invita¬ 
 tions to the Grand Army of the Republic, Spanish American War Vetei- 
 ans, the Woman’s Relief Corps, the American Legion, the Daughters of the 
 American Revolution, the Chamber of Commerce of |P r ngfield and all 
 elective officers of the Executive Department of the State whose offices 
 are in Springfield, to attend the exercises, and that, through the public 
 press, an invitation be extended to the public generally to be present at 
 
 such ^exercises^^^ on the a ,l 0 ption of the report of the Committee. 
 
 It was decided in the affirmative. . 
 
 At the hour of 12:35 o’clock P. M., Mr. Lmdly moved that the 
 
 Convention do now take a recess until 2:00 o’clock P. M. 
 
 And the motion prevailed. 
 
250 
 
 JOURNAL OF THE 
 
 [Yov. 10, 
 
 2 :00 o'Clock P. M. 
 
 The hour of 2 :00 o’clock P. M. having arrived the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Whitman to the chair. 
 
 And at the hour of 2 :03 o’clock P. M., the Convention again went 
 into Committee of the Whole, for the further consideration of the 
 reports from the Committee on Revenue, Taxation and Finance. 
 
 At the hour of 6 :32 o’clock P. M. the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. Whitman, from the Committee of the Whole, reported that the 
 Committee had made progress and asked leave to sit again. 
 
 And the report of the Committee was concurred in. 
 
 The Convention again proceeding on the Order of Reports of stand¬ 
 ing committees. 
 
 Mr. DeYoung submitted the following report: 
 
 Your Committee on Judicial Department to which was referred Pro¬ 
 posals numbered 29, 56, 91, 132, 144, 222, 294, 317 and 324, and having hereto¬ 
 fore, on July 1, reported the same back with a substitute therefor, being 
 Proposal No. 379, now reports an additional Proposal as a substitute for all, 
 being Proposal No. 383, a Proposal entitled Judicial Department. 
 
 And recommends that the same be placed on the General Orders. 
 
 (Signed) Fredeeic R. DeYoung, 
 
 Willard M. McEwen, 
 Sylvester J. Gee, 
 George A. Dupuy, 
 Charles S. Cutting, 
 
 A. F. Goodyear, 
 Henry I. Green, 
 
 D. E. Mack, 
 
 B. H. Garrett, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 At the hour of 6 :35 o’clock P. M., Mr. Sutherland moved that the 
 Convention do now take a recess until 8:00 o’clock P. M. 
 
 Mr. DeYoung moved as a substitute that the Convention do now 
 adjourn until 9 :00 o’clock A. M., tomorrow. 
 
 The question being on the adoption of the substitute it was decided 
 in the affirmative. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 251 
 
 THURSDAY, NOVEMBER 11, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. . , ,, w 
 
 Prayer was offered by the Rev. M. P. Boynton, of the V oodlav n 
 
 Baptist Church, of Chicago. . . , i 
 
 [ The Journal of Tuesday, November 9, having been printed 
 
 placed on the desks of the Delegates, as provided under the rules, jas 
 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 Special Exercises. 
 
 In accordance with the special order entered on yesterday, appro¬ 
 priate exercises were held in commemoration of Armistice Da) 
 which the following Delegates addressed the Convention: 
 
 Captain Oscar E. Carlstrom. 
 
 General Abel Davis. . . i- „ 
 
 The Convention proceeding on the Order of Reports of Standing 
 
 Mr Mack, from the Committee on Revenue, Taxation and Finance, 
 submitted a minority report, being Proposal No. S 8 -E a proposal rela¬ 
 tive to sections 5, 6 and 7 of Proposal No. 383, entitled Judicial De- 
 
 Pa The report was ordered printed and to lie on the table. 
 
 At the hour of 12:32 o’clock p. m., Mr. Gale moved that the Con¬ 
 vention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o'Clock P. M. 
 
 The hour of 2:00 o’clock p. m. having arrived, the Convention 
 resumed its session. 
 
 Mr. Gale moved that the amended section 1 of Proposal No. 3. , 
 together with the proposed substitute and all pending amendments, be 
 recommitted to the Committee on Revenue, Taxation and Finance for 
 
 further consideration. 
 
 And the motion prevailed. 
 
 The Convention again proceeding on the Order of Reports of Stan - 
 
 Mr. Gale from the Committee on Revenue, Taxation and I < 
 reported back the following as a substitute for section 1 of Proposa 
 
 Sectiox 1. The power of taxation shall never be surrendered, sus 
 pended, or contracted away. All taxes shall he levied and collected unc c 
 
252 
 
 JOURNAL OF THE 
 
 [Nov. 11, 
 
 general law and for public purposes only. The General Assembly shall pro¬ 
 vide for the levy of taxes upon property 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. 
 
 Taxes may be levied also on incomes; if the income tax be graduated 
 and progressive the highest rate shall not exceed six times the lowest rate; 
 and not exceeding $500 to a person not the head of a family whose total 
 net income is less than $1,000 and not exceeding $1,000 to the head of a 
 family whose total net income is less than $2,000 may be exempted from 
 income tax. Taxes levied by valuation upon property in this State and paid 
 shall be deducted from the tax on income derived therefrom by the person 
 or corporation paying such property tax. 
 
 In lieu of any property tax thereon, the General Assembly may provide 
 a tax on. income derived from any personal property in which case the rate 
 of such income tax shall be a uniform real and substantial tax, and there 
 shall be no exemptions therefrom except as provided in section 3 of this 
 article. 
 
 Taxes may also be levied on privileges, franchises and occupations 
 uniform as to class. 
 
 The above specifications of the objects and subjects of taxation shall not 
 deprive the General Assembly of the power to require other objects or sub¬ 
 jects to be taxed in such manner as may be consistent with the principles 
 of taxation fixed in this Constitution. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. Gale called up the report of the Committee on Revenue, Tax¬ 
 ation and Finance with reference to section 1 of Proposal No. 378, and 
 the same having been printed, moved that it be placed on the General 
 Orders. 
 
 And the motion prevailed. 
 
 Mr. Hamill raised the point of no quorum and thereupon a call of 
 the Convention was had resulting as follows: Present 65. 
 
 Answering present: Messrs. 
 
 Barr 
 
 Dunlap 
 
 Hamill 
 
 Meinert 
 
 Shuey 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Hogan 
 
 Mighell 
 
 Six 
 
 Brandon 
 
 Elting 
 
 Hull 
 
 Miller 
 
 Stewart 
 
 Brenholt 
 
 Fifer 
 
 Jack 
 
 Mills 
 
 Sutherland 
 
 Carlstrom 
 
 Frole 
 
 Jarman 
 
 Moore 
 
 Taff 
 
 Clarke 
 
 Fyke 
 
 Johnson, L. C. 
 
 Nichols 
 
 Tanner 
 
 Coolley 
 
 Gale 
 
 Johnson, W. A. 
 
 Paddock 
 
 Trautmann 
 
 Corcoran 
 
 Garrett 
 
 Kerrick 
 
 Parker 
 
 Wall 
 
 Cruden 
 
 Gee 
 
 Lill 
 
 Quinn 
 
 Warren 
 
 Davis 
 
 Gilbert 
 
 Lindly 
 
 Rinaker 
 
 Whitman 
 
 Dawes 
 
 Goodyear 
 
 Mack 
 
 Scanlan 
 
 Woodward. 
 
 De Young 
 
 Gray 
 
 McEwen 
 
 Shanahan 
 
 Mr. President 
 
 Dietz 
 
 Green 
 
 McGuire 
 
 Shaw 
 
 
 Dove Present—65. 
 
 Preceding the roll call the following delegates were excused from 
 attendance at the Convention on account of sickness, Messrs: Chew, 
 Traeger, Dryer, Sneed, Morris, Todd, Cutting, Gorman, Corlett and 
 O’Brien. 
 
 The President announced that a quorum was present and called Mr. 
 Whitman to the chair. 
 
 Whereupon at the hour of 2 :20 o’clock p. m., the Convention went 
 into Committee of the Whole for the further consideration of the reports 
 of the Committee on Revenue, Taxation and Finance. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 253 
 
 At the hour of 6:02 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Whitman from the Committee of the Whole reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 6 :25 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
254 
 
 JOURNAL OF THE 
 
 [Xov. 12, 
 
 FRIDAY, NOVEMBER 12, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. M. P. Boynton, of the Woodlawn 
 Baptist Church, of Chicago. 
 
 The Journal of Wednesday, November 10, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders the President 
 called Mr. Whitman to the chair. 
 
 And at the hour of 9 :15 o’clock a. m., the Convention went into 
 Committee of the Whole, for the further consideration of the reports 
 from the Committee on Revenue, Taxation and Finance. 
 
 At the hour of, 12:47 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Whitman, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 By unanimous consent, upon their request, Messrs. Dupuy and Wood¬ 
 ward were excused from attendance at the Convention on next Monday. 
 
 At the hour of 12 :50 o’clock p. m., Mr. Gale moved that the Con¬ 
 vention do now take a recess until 2 :00 o’clock p. m. 
 
 Mr. Miller moved as a substitute that the Convention do now ad¬ 
 journ until Monday, November 15, 1920, at 3 :00 o’clock p. m. 
 
 The motion prevailed. 
 
 The question being on the adoption of the substitute. 
 
 It was decided in the affirmative and the Convention stood ad¬ 
 journed. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 255 
 
 MONDAY, NOVEMBER 15, 1920, 3:00 O’CLOCK P. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Abram G. Bergen, of the First Pies- 
 
 bvterian Church, of Springfield. . . , , A 
 
 The Journal of Thursday, November 11, having been printed and 
 
 placed on the desks of the Delegates, as provided under the rules, uas 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the Prebident 
 
 called Mr. W hitman to the chair. , • . 
 
 And at the hour of 3 :20 o’clock p. m., the Convention went into 
 
 Committee of the Whole for the further consideration of the reports 
 from the Committee on Revenue, Taxation and Finance. 
 
 At the hour of 10:32 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. ,,,,,,, 
 
 Mr. Whitman from the Committee of the W hole, reported that the 
 
 Committee had had under consideration sections 2 and 3 of Proposal 
 No 378 and recommended that section 2 of said Proposal be recom¬ 
 mitted to the Committee on Revenue, Taxation and Finance for further 
 
 consideration^ ^ ^ committee was concurred in and section 2 was 
 
 recommitted to the Committee on Revenue, Taxation and police 
 
 At the hour of 10:35 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
256 
 
 JOURNAL OF THE 
 
 [Nov. 16, 
 
 TUESDAY, NOVEMBER 16, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was ottered by the Rev. Abram G. Bergen, of the First 
 Presbyterian Church, of Springfield. 
 
 The Journal of Friday, November 12, having been printed and 
 placed on the desks of the Delegates, as provided under the rules was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 n C °U ventlcm P roc eeding on the General Orders, the President 
 called Mr. Whitman to the chair. 
 
 And at the hour of 9 :10 o’clock a. m., the Convention went into 
 ommittee of tlie Whole for the further consideration of the reports 
 from the Committee on Revenue, Taxation and Finance. 
 
 . ^ ^ le h° lir of 5:22 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. V hitman from the Committee of the Whole reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 5 :35 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now take a recess until 8 :00 o’clock p. m. 
 
 Mr. Hamill moved as a substitute that the Convention do now ad¬ 
 journ until 9 :00 o’clock a. m., tomorrow. 
 
 The question being on the adoption of the substitute motion a 
 division was had resulting as follows: Yeas, 39; nays, 19. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
CONSTITUTIONAL CONVENTION. 
 
 257 
 
 1920.1 
 
 WEDNESDAY, NOVEMBER 17, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Abram 0. Bergen, of the First Pres¬ 
 byterian Church, of Springfield. 
 
 The Journal of Monday, November 15, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Whitman to the chair. 
 
 And at the hour of 9 :05 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the reports from 
 the Committee on Revenue, Taxation and Finance. 
 
 At the hour of 5:02 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Whitman, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Latchford moved that the consideration of the report of the 
 Commiftee on Initiative, Referendum and Recall next on the General 
 Orders be postponed until Monday, November 22, 1920. 
 
 Mr. Hamill moved as a substitute that the consideration of the 
 report of the Committee on Initiative, Referendum and Recall be post¬ 
 poned until the report of the Committee on Judicial Department is 
 disposed of. 
 
 The question being on the adoption of the substitute motion, it was 
 decided in the affirmative. 
 
 Geenral Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. DeYoung to the chair. 
 
 And at the hour of 5 :10 o’clock p. m., the Convention again went 
 into Committee of the Whole for the consideration of the reports from 
 the Committee on Judicial Department, being Proposals numbered 383 
 
 and 384. 
 
 At the hour of 6:28 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 —17 C J 
 

 
 258 
 
 l 
 
 JOUKXAL OF 
 
 THE 
 
 [Xov. 17, 
 
 Mr. Cutting, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 6:30 o’clock p. m., Mr. Sutherland moved that the 
 Convention do now take a recess until 8 :00 o’clock p. m. 
 
 Mr. Green moved as a substitute that the Convention do now 
 adjourn until 9 :00 o’clock a. m. tomorrow. 
 
 The question being on the adoption of the substitute. 
 
 It was decided in the affirmative. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 259 
 
 THURSDAY, NOVEMBER 18, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Abram G. Bergen, of the Eust Pres¬ 
 byterian Church, of Springfield. . . , , , 
 
 The Journal of Tuesday, November 16, having been printed and 
 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 called Mr. Cutting to the chair. . . 
 
 And at the hour of 9:05 o’clock a. m., the Convention vent into 
 
 Committee of the Whole, for the further consideration of the reports 
 
 from the Committee on Judicial Department, being Proposals numbered 
 
 383 and 384. .. 
 
 At the hour of 7:06 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Cutting, from the Committee of the Whole, reported that the 
 
 committee had made progress and asked lea^ e to sit again. 
 
 And the report of the committee was concurred in. 
 
 The Convention again proceeding on the Order of Reports of Stands 
 
 ing Committees: 
 
 Mr. Hull submitted the following report: 
 
 Your Committee on Chicago and Cook County, to which was referred 
 
 Proposals numbered 21, 22, 55, 111, 159, 178, 290, 296, 3o0. . 
 
 Reports the same back with a substitute therefor, being Proposal No. 
 
 385, a proposal concerning Chicago and Cook County. 
 
 And recommends that the original proposals, above enumerated, be re¬ 
 jected, and that the substitute Proposal No. 385, be placed on the General 
 
 Orders 
 
 (Signed) Morton D. Hull, 
 
 Amos C. Miller, 
 
 Douglas Sutherland. 
 Charles Wood^vard, 
 
 W. A. Wall, 
 
 A. M. Smith, 
 
 Frank J. Quinn, 
 
 Oscar E. Carlstrom, 
 
 John E. Traeger, 
 
 Elam L. Clarke, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 

 260 
 
 JOURNAL OP THE 
 
 [Nov. 18, 
 
 At the hour of 7 :07 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn until 3 :00 o’clock p. m., Monday, November 
 22, 1920. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 261 
 
 MONDAY, NOVEMBER 22, 1920, 3 :00 O’CLOCK P. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. W. S. Phillips, of the Methodist 
 Episcopal Church, of Carlinville. 
 
 The Journal of Wednesday, November 17, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Cutting to the chair. 
 
 And at the hour of 3:10 o’clock p. in., the Convention went into 
 Committee of the Whole, for the further consideration of the reports 
 from the Committee on Judicial Department, being Proposals num¬ 
 bered 383 and 384. 
 
 At the hour of 4:02 o’clock p. m., the Convention resumed its ses¬ 
 sion. 
 
 The President presiding. 
 
 Mr. DeYoung, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Dove to the chair. 
 
 And at the hour of 4:05 o’clock p. m., the Convention again went 
 into Committee of the Whole for the consideration of the reports from 
 the Committee on Initiative, Referendum and Recall being Proposals 
 numbered 367, 368, 371, and the report of Mr. Dove presented May 20. 
 
 At the hour of 11:10 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Dove from the Committee of the Whole reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Shanahan moved that when the Convention adjourns today, it 
 stand adjourned until 9 :00 o’clock a. m., tomorrow. 
 
 And the motion prevailed. 
 
 Mr. Dupuy offered the following resolution and move its adoption: 
 
262 
 
 JOURNAL OF THE 
 
 [Xov. 22, 
 
 Resolution No. 32. 
 
 Wheeeas, The Convention has learned this day of the death of the 
 beloved wife of Mr. Charles S. Cutting, a delegate to this Convention; there¬ 
 fore, be it 
 
 Resolved, That we hereby express to Mr. Cutting our profound sorrow 
 at the loss of his beloved wife and extend to him and to the members of his 
 bereaved family our deep and earnest sympathy; and, be it further 
 
 Resolved, That this memorial be entered upon the records of the Con¬ 
 vention; that a suitably engrossed copy be transmitted to Mr. Cutting and as 
 a further mark of respect that the Convention do now adjourn. 
 
 The resolution was unanimously adopted by a rising vote and in 
 accordance with the motion heretofore adopted the Convention stood 
 adjourned until 9 :00 o'clock a. m., tomorrow. 
 
 t 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 263 
 
 TUESDAY, NOVEMBER 23, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. W. S. Phillips, of the Methodist 
 
 Episcopal Church, of Carlinville. . . 
 
 The Journal of Thursday, November 18, having been printed and 
 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand appioved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 called Mr. Dove to the chair. * . , 
 
 \nd at the hour of 9 :15 o’clock a. m., the Convention went into 
 
 Committee of the Whole, for the further consideration of the reports 
 from the Committee on Initiative, Beferendum and Becall being Pro 
 posals numbered 367, 368, 371 and the report presented by Mr. Dove 
 
 ° n M \t the hour of 10:42 o’clock a. m., the Convention resumed its 
 session. 
 
 The President presiding. , 
 
 Mr. Dove from the Committee of the V hole reported that the 
 
 committee recommended the rejection of Proposals numbered 367, 368 
 and 371 and the adoption of the minority report submitted to the Con¬ 
 vention on May 20, 1920, which report is m words as follows: That no 
 Proposal or provision for the Initiative Referendum and Becall be in¬ 
 corporated in the Constitution of 1920. 
 
 1 \nd the question being on the adoption of the report of the Com- 
 mitte’ of the Whole, a call of the roll was had, resulting as follows: 
 
 Yeas, 54; nays, 21. 
 
 Those voting in the affirmative are: 
 
 ~ * Hollenbeck 
 
 Barr 
 
 Brenholt 
 
 Brewster 
 
 Carey 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Dawes 
 
 De Young 
 
 Dove 
 
 Dunlap 
 
 Dupuy, G. A. 
 Fifer 
 
 Fyke 
 
 Gale 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Ham ill 
 Hogan 
 
 Hull 
 Ireland 
 Jack 
 Jarman 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Lill 
 Lindly 
 McGuire 
 
 Messrs. 
 
 Meinert 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Quinn 
 
 Pinaker 
 
 Shanahan 
 
 Shaw 
 
 Sutherland 
 
 Taf¥ 
 
 Tanner 
 
 Todd 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas—54. 
 
264: 
 
 JOURNAL OF THE 
 
 [Xov. 23, 
 
 Those voting in the negative are: Messrs. 
 
 Baldwin 
 
 Elting 
 
 Kunde 
 
 Michaelson 
 
 Scanlan 
 
 Carlstrom 
 
 Frole 
 
 Latchford 
 
 O’Brien 
 
 Traeger 
 
 Clarke 
 
 Ganschow 
 
 Lohman 
 
 Pincus 
 
 Whitman 
 
 Corcoran 
 
 Dupee, E. H. 
 
 Iarussi 
 
 McEwen 
 
 Potts 
 
 Wolff 
 
 Nays—21. 
 
 And the report was adopted. 
 
 Mr. Michaelson, thereujion, moved that the Convention do now ad¬ 
 journ sine die. 
 
 And on that motion a call of the roll was had, resulting as follows: 
 Yeas, 9; nays, 65. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Corcoran 
 
 Ganschow 
 
 Kunde 
 
 Michaelson 
 
 Wolff 
 
 Frole 
 
 Iarussi 
 
 Lohman 
 
 Potts 
 
 Yeas— 
 
 Those voting in the negative are: Messrs. 
 
 
 Baldwin 
 
 Dunlap 
 
 Hogan 
 
 McGuire 
 
 Shanahan 
 
 Barr 
 
 Dupee, E. H. 
 
 Hollenbeck 
 
 Meinert 
 
 Shaw 
 
 Brenholt 
 
 Dupu 3 r , G. A. 
 
 Hull 
 
 Mighell 
 
 Sutherland 
 
 Brewster 
 
 Elting 
 
 Ireland 
 
 Miller 
 
 Taff 
 
 Carey 
 
 Fifer 
 
 Jack 
 
 Mills 
 
 Tanner 
 
 Carlstrom 
 
 Fyke 
 
 Jarman 
 
 Moore 
 
 Todd 
 
 Clarke 
 
 Gale 
 
 Johnson, L. C. 
 
 Nichols 
 
 Traeger 
 
 Coolley 
 
 Gee 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Trautmann 
 
 Corlett 
 
 Gilbert 
 
 Kerrick 
 
 Paddock 
 
 Wall 
 
 Cruden 
 
 Goodyear 
 
 Latchford 
 
 Parker 
 
 Warren 
 
 Dawes 
 
 Gray 
 
 Lill 
 
 Quinn 
 
 Whitman 
 
 De Young 1 
 
 Green 
 
 Lindly 
 
 Rinaker 
 
 Wilson 
 
 Dove 
 
 Hamill 
 
 McEwen 
 
 Scanlan 
 
 Mr. President 
 
 Nays—65. 
 
 And the motion was lost. 
 
 General Orders. 
 
 The Convention‘proceeding on the General Orders, the President 
 called Mr. Hull to the chair. 
 
 And at the hour of 10:55 o’clock a. m., the Convention again went 
 into Committee of the Whole for the consideration of the report from 
 the committee on Chicago and Cook County being Proposal Ho. 385. 
 
 At the hour of 6:02 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Wilson, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 The Convention again proceeding on the Order of Eeports of Stand¬ 
 ing Committees. 
 
 Mr. Dupuy submitted the following report: 
 
 Your Committee on Schedule, to which was referred Proposal numbered 
 297 entitled, a Proposal to amend Schedule of Constitution of 1870. 
 
 Reports the same back, and recommends that it be rejected. 
 
 (Signed) George A. Dupuy. 
 
 Phillip E. Eltixg, 
 
 A. E. Taff, 
 
 , W. E. Tkautmayx, 
 
 A. H. Mills. 
 
 Committee. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 265 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. 
 
 At the hour of 6 :05 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
266 
 
 JOURNAL OF THE 
 
 [Nov. 24, 
 
 WEDNESDAY, NOVEMBER 24, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. W. S. Phillips, of the Methodist 
 Episcopal Church, of Carlinville. 
 
 The Journal of Monday, November 22, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Wilson to the chair. 
 
 And at the hour of 9 :25 o’clock a. m., the Convention went into 
 Committee of the Whole, for the further consideration of the report from 
 the Committee on Chicago and Cook County, being Proposal No. 385. 
 At the hour of 10:55 o’clock a. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Wilson, from the Committee of the Whole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 The Convention again proceeding on the Order of Reports of 
 Standing Committees: 
 
 Mr. Hamill submitted the following report: 
 
 Your Committee on Phraseology and Style, to which was referred a 
 proposal regulating warehouses (Introduction No. 372, Reference No. 11) as 
 amended in Committee of the Whole, respectfully reports that it has con¬ 
 sidered such proposal and herewith sets forth in parallel columns said 
 proposal as adopted in Committee of the Whole on the left and a substitute 
 therefor as recommended by this committee on the right. 
 
 Resolved, That the following shall become a part of the Constitution 
 
 of Illinois: 
 
 Section 1. All elevators or store¬ 
 houses where grain or other property 
 is stored for a compensation, whether 
 the property stored be kept separate 
 or not, are declared to be public 
 warehouses. 
 
 Section 1. Elevators and store¬ 
 houses where property is stored for 
 compensation are public warehouses. 
 
 Section 2. The owner, lessee or 
 manager of each and every public 
 warehouse situated in any town or 
 city of not less than one hundred 
 thousand inhabitants, shall make 
 weekly statements under oath, be¬ 
 fore some officer to be designated by 
 law, and keep the same posted in 
 some conspicuous place in the office 
 
 Section 2. The manager of every 
 public warehouse in cities of over 
 one hundred thousand inhabitants 
 shall post conspicuously each week, 
 in the office of the warehouse, a 
 sworn statement of the amount and 
 grade of grain and also of the other 
 property stored therein, and of the 
 warehouse receipts outstanding, and 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 267 
 
 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 different grades 
 of grain shipped in separate lots, 
 shall not be mixed with inferior or 
 superior grades, without the consent 
 of the owner or consignee thereof. 
 
 Section 3. The owners of prop¬ 
 erty stored in any warehouse, or 
 holder of a receipt for the same, 
 shall always be at liberty to examine 
 such property stored, and all the 
 books and records of the warehouse 
 in regard to such property. 
 
 Section 4. All railroad companies 
 and other common carriers on rail¬ 
 roads shall weigh or measure grain 
 at points where it is shipped, and 
 receipt for the full amount, and shall 
 be responsible for the delivery of 
 such amount to the owner or con¬ 
 signee thereof, at the place of desti¬ 
 nation. 
 
 Section 5. All railroad companies 
 receiving and transporting grain in 
 bulk or otherwise, shall deliver the 
 same to any consignee thereof, or 
 any elevator or public warehouse to 
 which it may be consigned, provided 
 such consignee at the elevator or 
 public warehouse can be reached by 
 any track owned, leased or used, or 
 which can be used, by such railroad 
 companies and all railroad companies 
 shall 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 railroad. 
 
 Section 6. It shall be the duty of 
 the General Assemoly 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 
 
 shall file a copy of the statement in 
 a place designated by law. Changes 
 in quantity and grade of grain 
 stored shall be noted daily upon the 
 statement in the warehouse. Unless 
 the owner or consignee consents, 
 different grades of grain shipped in 
 separate lots shall not be mixed. 
 
 Section 3. The holder of a public 
 warehouse receipt may always ex¬ 
 amine the property and the ware¬ 
 house records thereof. 
 
 Section 4. Railroads and common 
 carriers thereon shall, at the point 
 of shipment, weigh or measure, and 
 receipt for, the full amount of grain 
 and deliver it to the consignee or 
 owner. 
 
 Section 5. Railroads shall deliver 
 grain to any consignee who can be 
 reached by an available track, and 
 shall permit connections so that any 
 public warehouse, coal bank or coal 
 yard may be reached by cars. 
 
 Sections 6 and 7 combined. The 
 General Assembly shall give full 
 effect to this article and provide for 
 the inspection of grain and produce, 
 the protection of producers, ship¬ 
 pers, consumers and others inter¬ 
 ested, and the prevention of fraudu- 
 
268 
 
 JOURNAL OF THE 
 
 [Nov. 24, 
 
 / 
 
 protect producers, shippers, con¬ 
 sumers and others interested, 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 
 
 lent warehouse receipts. Nothing in 
 this article implies a limitation upon 
 the power of the General Assembly 
 or abridges common law remedies. 
 
 person of existing common law 
 remedies. 
 
 Section 7. The General Assembly 
 shall pass laws for the inspection of 
 grain and produce and for the pro¬ 
 tection of producers, shippers, re¬ 
 ceivers and consumers of grain and 
 produce. 
 
 Respectfully submitted, 
 
 Charles H. Hamill, 
 
 George A. Barr, 
 
 Thos. Rinaker, 
 
 C. B. T. Moore, 
 
 Elam L. Clarke, 
 
 Eugene Dupee, 
 
 Committee on Phraseology and Style. 
 
 The report of the committee was ordered printed and Proposal No. 
 372 was placed on the order of second reading. 
 
 Mr. Hamill submitted the further report: 
 
 Your Committee on Phraseology and Style, to which was referred a 
 proposal to provide for the separation of the government into three depart¬ 
 ments (Introduction No. 358, Reference No. 5) as amended in Committee of 
 the Whole, respectfully reports that it has considered such proposal and 
 herewith sets forth in parallel columns said proposal as adopted in Com¬ 
 mittee of the Whole on the left, and, a substitute therefor as recommended 
 by this committee on the right. 
 
 Resolved, That the following shall become a part of the Constitution 
 of Illinois: 
 
 Article 3—Distribution of Powers. 
 
 The legislative, executive and ju¬ 
 dicial departments shall be separate, 
 and no one of them shall exercise 
 properly belonging to an- 
 
 The powers of the government of 
 this State are divided into three dis¬ 
 tinct departments—the legislative, 
 executive and judicial; and no per- powers 
 son, or collection of persons, being other, 
 one of these departments, shall exer¬ 
 cise any power properly belonging to 
 either of the others, except as here¬ 
 inafter expressly directed or per¬ 
 mitted. 
 
 Respectfully submitted, 
 
 Chas. H. Hamill, 
 
 George A. Barr, 
 
 Tilos. Rinaker, 
 
 C. B. T. Moore, 
 
 Elam L. Clarice, 
 
 Eugene Dupee, 
 
 Committee on Phraseology and Style. 
 The report of the committee was ordered printed and Proposal No. 
 358 was placed on the order of second reading. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 269' 
 
 At the hour of 11:05 o’clock a. m., Mr. Hamill moved that the 
 Convention do now adjourn until Monday, November 29, 1920, at 3 :00 
 
 o’clock p. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
270 
 
 JOURNAL OF THE 
 
 [Nov. 29, 
 
 MONDAY, NOVEMBER 29, 1920, 3 :00 O’CLOCK P. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Herbert Hines, of the Baptist 
 Church, of El Paso. 
 
 The Journal of Tuesday, November 23, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Wilson to the chair. 
 
 And at the hour of 3 :30 o’clock p. m., the Convention went into 
 Committee of the Whole for the further consideration of the report from 
 the Committee on Chicago and Cook County, being Proposal No. 385. 
 At the hour of 11:22 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Wilson, from the Committee of the Whole, having had under 
 consideration Proposal No. 385, being the report from the Committee on 
 Chicago and Cook County, reported the same back together with the 
 
 following amendments thereto, to-wit: 
 
 Amend section 1 by striking out the first six words in line 1 and insert¬ 
 ing in lieu thereof the words “except as expressly limited by- law” and 
 striking out all after the word “purposes” in line 3 down to and including 
 the word “law” in line 6. 
 
 Amend section 2 by changing the word “laws” in line 16 to read 
 
 Amend section 2 by striking out in line 17 the words “not be in conflict 
 with” and insecting in lieu thereof the words “conform to the.” 
 
 Amend section 4 by inserting in line 2 after the words “to sell” the 
 words “the same or,” also by adding at the end of line 3 the following “but 
 may be reasonably regulated by general law.” _ 
 
 Amend section 5 by striking out in line 2 the word acquisition and in 
 line 3 the words “ownership, leasing, maintenance and operation of public 
 or” and all of line 4. Insert before the word “local” the word “of” in line 3. 
 
 Amend section 6 by striking out in line 2 the words “government or to 
 the” and inserting in lieu thereof the words “Governmental” and also m line 
 5 by striking out the words “governmental or the” and inserting “Govern- 
 montcil 
 
 Amend section 13 by striking out the period after the figures “1915” in 
 line 7 and inserting the following “or any amendment thereof.” 
 
 Amend section 17 by inserting before the words “The General Assem¬ 
 bly” in line 1 the following “subject to sections 8, 9, 10, 11 and 1- of the 
 Rgygiiug A^ticlG. ,, 
 
 Amend section 17 by adding thereto a new paragraph to read as fol¬ 
 lows: “Such an ordinance shall not be adopted oftener than once m ten 
 years and the maximum limit of indebtedness when so extended shall never 
 exceed ten per cent of the full value of taxable property within the cor- 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 271 
 
 porate limits of the city of Chicago as ascertained by the last assessment 
 for State and county taxes.” 
 
 Amend section 17 by adding thereto a second new paragraph to read as 
 follows: “Such an ordinance if rejected shall not be resubmitted within 
 two years from the date of such original submission.” 
 
 Amend section 17 by adding thereto a third new paragraph to read as 
 •follows: 
 
 “The limit of special indebtedness made possible under sections 9, 10 
 and 11 of the Revenue Article shall in no case be increased under the pro¬ 
 visions of this section.” 
 
 Amend section 17 in line 2 after the word “Chicago” by adding the 
 following “after the consolidation with said city of all of the municipal 
 corporations lying wholly or partly within said city.” 
 
 Amend section 2 of article 2 by striking out in lines 3 and 4 the words 
 “who shall be clerk of the County Court.” 
 
 Amend section 4 by striking out in lines 3 the following words “re¬ 
 ceived by any county officer.” 
 
 Amend section 4 by inserting after the word “treasurer” in line 4 the 
 words “at least monthly.” 
 
 Amend section 5 by striking out in line 1 the words “a semi-annual” 
 and by inserting the words “at least semi-annually” after the word “oath” 
 in line 2. 
 
 Amend section 8 by inserting after the word “law” in line 23 the words 
 “enacted thereafter.” 
 
 And recommended that the Proposal, as amended, do pass. 
 
 The question being on the adoption of the report of the committee, 
 a call of the roll was had resulting as follows : Yeas, 38; nays, 4. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Barr Dove 
 
 Brenholt Dunlap 
 
 Brewster Gale 
 
 Clarke Ganschow 
 
 Coolley Gilbert 
 
 Cruden Hamill 
 
 Cutting Hogan 
 
 Dawes Hollenbeck 
 
 Hull 
 
 Jack 
 
 J arman 
 
 Kunde 
 
 Latchford 
 
 Lindly 
 
 McEwen 
 
 Meinert 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Sutherland 
 
 Taff 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Mr. President 
 
 Total—38. 
 
 Those voting in the 
 
 negative are: 
 
 Messrs. 
 
 
 Green Mayer 
 
 Rinaker 
 
 Wilson 
 
 Total—4. 
 
 The report of the committee was adopted. 
 
 
 And Proposal Yo. 385 was referred to the Committee on Phraseology 
 
 and Style. 
 
 At the hour of 11:25 o’clock p. m., Mr. Mighell moved that the 
 Convention do now adjourn until 9 :00 o’clock a. nr., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
272 
 
 JOURNAL OF THE 
 
 [Nov. 30, 
 
 TUESDAY, NOVEMBER 30, 1920, 9:00 O’CLOCK A. M. 
 
 4 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Herbert Hines, of the Baptist 
 Church, of El Paso. 
 
 The Journal of Wednesday, November 24, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. DeYoung to the chair. 
 
 And at the hour of 9 :10 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the reports from 
 the Committee on Judicial Department being Proposals numbered 383 
 and 384. 
 
 At the hour of 5:32 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Cutting, from the Committee of the Whole, reported that the 
 committee had considered all matters referred to it in reference to Pro¬ 
 posals numbered 383 and 384 and recommended that sections 6 and 7 
 of the majority and minority report and the three proposed amendments 
 offered b}^ Messrs. Jarman, Michal and Miller be committed to the 
 Committee on Judicial Department for further consideration and recom¬ 
 mendation. 
 
 And the report of the committee was concurred in. 
 
 Mr. Michal moved that Chief Justice Olson of the Municipal Court 
 of the city of Chicago be invited to address the Committee of the Whole 
 regarding the Judicial Article. 
 
 And the motion was lost. 
 
 At the hour of 5:40 o’clock p. m., Mr. Hamill moved that the 
 Convention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 273 
 
 WEDNESDAY, DECEMBER 1, 1920, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Herbert Hines, oi the Baptist 
 
 C1 ^Pe Journal of Monday, November 29, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure respectfully recommends that 
 Proposal No 355 being a report from the Committee on Agricultuie, Pro 
 
 posals numbered ’224 and 382 being reports from the Committee “mitteTon 
 lanpons Subiects and Proposal No. 297 being a report from the Committee on 
 
 Schedule, be taken from the table and placed on General Orders for con¬ 
 sideration in Committee of the Whole. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. WVin . 
 
 Mr Lindlv moved that consideration m Committee ol the Whole 
 
 on the report of the Committee on Legislative Department, on 1 roposal 
 Mo. 366, which had been set for this morning be postponed until ~ .00 
 
 o’clock p. m., today. 
 
 And the motion prevailed. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 pnlWl Mr O’Brien to the chair. , . . 
 
 Cd at the hour of 10 :00 o’clock a. m, the Convention went into 
 
 Committee of the whole for the consideration of matters on the Genera 
 Ordere. ^ ^ of 1Q ;45 0 , clock a . m . ; the Convention resumed its 
 session. 
 
 The President presiding. , ,, , +ll „ 
 
 Mr. Brandon, from the Committee of the Whole reported that tiie 
 
 committee had had under consideration Proposals numbered p7 
 
 224 and 342 and recommended that Proposals numbeied c - 
 297 be rejected and that Proposal No. 382 do pass. 
 
 And the report of the committee was concurred m and 1 roposal 
 
 number 382 referred to the Committee on Phraseology and Stylo. 
 
 Mr. Brandon further reported that the Committee of the W hole 
 recommended to the Convention that the Attorney General be requested 
 to render an opinion in reference to Proposal No. 382. 
 
 And the report of the committee was concurred m. 
 
 —18 C J • 
 
274 journal of the [Dec. 1, 
 
 The Convention again proceeding on the Order of Reports of 
 
 Standing Committees: 
 
 Mr. Gale submitted the following report: 
 
 Your Committee on Revenue, Taxation and Finance, to which section 2 
 of the proposed revenue article was recommitted respectfully reports the 
 following section as section 2 of the revenue article, and recommends its 
 adoption: 
 
 The income tax herein authorized shall be levied and collected by some 
 State authority; all income taxes collected from within each county shall he 
 apportioned and divided between the State and the county in the same pro¬ 
 portion as the real estate taxes collected within the county for the same >ear 
 is divided between the State and the county, and the income tax so appoi- 
 tioned to any county shall be apportioned and divided between the county 
 and all the taxing authorities within the county, in the same proportion as 
 all the real estate taxes collected within the county for the same year is 
 apportioned and divided between the county and all the taxing authorities 
 within the county for the same year. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 Mr. Gale moved that the report of the Committee on Revenue, 
 Taxation and Finance on section 2 be placed on the Geneial Orders. 
 And the motion prevailed. 
 
 At the hour of 10 :50 o’clock a. m., Mr. Hamill moved that the Con¬ 
 vention do now take a recess until 2 :00 o’clock p. m., todav. 
 
 And the motion prevailed. 
 
 2 :00 o’Clock P. M. 
 
 The hour of 2:00 o’clock p. m., having arrived, the Convention 
 
 resumed its session. 
 
 The President presiding. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 called Mr. Shanahan to the chair. 
 
 And at the hour of 2 :05 o’clock p. m., the Convention went into 
 Committee of the Whole for the further consideration of the report from 
 the Committee on Legislative Department, being Proposal Xo. 366. 
 
 At the hour of 5:47 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Shanahan, from the Committee of the Whole, reported that 
 the committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 5 :50 o’clock p. m., Mr. Davis moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 THURSDAY, DECEMBER 2, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. ^ , 
 
 Prayer was offered by the Rev. Herbert Hines, o± the Baptist 
 
 The Journal of Tuesday, November 30, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 called Mr. Shanahan to the chair. , . , 
 
 And at the hour of 9:15 o'clock a. nr., the Convention went into 
 
 Committee of the Whole for the further consideration of the report from 
 the Committee on Legislative Department, being Proposal No. 366 
 
 At the hour of 2:00 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. . i j i 
 
 Mr Shanahan, from the Committee of the Whole, having had undei 
 
 consideration Proposal No. 366, on a re-consideration of sections 6 and 
 7' thereof, reported the same back with the following amendments 
 
 thereto. 
 
 Amend sections 6 and 7 of Proposal No. 366 to re ^ f llo J t S . ges _ 
 
 Section 6. The General Assembly shall apportion the State at any se 
 sion which may be then pending, of, if none, then at its first session fo - 
 ine the adoption of this Constitution and in the year 1931 and every ten 
 (10) years thereafter, into fifty-seven (57) senatorial ^ ls ^s, each e ° g 
 which shall elect one senator whose term of office shall be four (4) yeais 
 and the basis of senatorial apportionment shall be the number of voters who 
 voted for Governor at the last regular election at which a Governor was 
 
 elected previous to the apportionment. . hv 
 
 The territory now constituting the county of Cook shall be divided 
 the General Assembly into nineteen (19) senatorial districts and the nu - 
 her of such voters in that territory shall be divided by'the number nineteen 
 (19) and the quotient shall be the ratio of representation in the Senate tor 
 
 that The n te$tory now constituting the remainder of the State shall be 
 divided by the General Assembly into thirty-eight (38) senatorial distri . 
 and the number of such voters in that territory shall be divided by the 
 number thirty-eight (38) and the quotient shall be the ratio of representa- 
 
 tion in the Senate for that territory. , ,, 
 
 When a county contains two (2) or more ratios of its territory it sha 
 be divided by the General Assembly into as many senatoi lal disti icts as it 
 
276 
 
 JOURNAL OF THE 
 
 [Dec. 2, 
 
 has such ratios. Districts in counties so divided shall be bounded by pre¬ 
 cinct or ward lines, or both; all other senatorial districts shall be bounded 
 by county lines. 
 
 All senatorial districts shall be formed of compact and contiguous terri¬ 
 tory and the districts in each territory shall contain as nearly as practicable 
 an equal number of such electors but in no case less than four-fifth (%) of 
 the ratio for that territory. 
 
 Senators shall be so elected that the term of those now in office shall 
 not be disturbed. They shall be divided into two classes so that one-half 
 as nearly as practicable shall be chosen biennially. 
 
 Section 7. At the same time that the senatorial apportionment is made 
 the State shall be apportioned into representative districts. 
 
 Members of the House of Representatives shall be elected for the term 
 of two (2) years from each county or district. 
 
 Each county shall be entitled to one representative in the House of Re¬ 
 presentatives. Each county having a population in excess of fifty thousand 
 (50,000) shall have one additional representative for each additional fifty 
 thousand (50,000) population, or major fraction thereof. 
 
 Each county entitled to more than one representative shall be divided 
 by the General Assembly into as many representative districts as there are 
 representatives to be elected from such county. Such districts shall be 
 formed of compact and contiguous territory bounded by precinct lines and 
 containing as nearly as practicable an equal number of inhabitants but in 
 no case less than four-fifths (%) of the quotient resulting from dividing 
 the population of that county by the number of representatives to which 
 it is entitled. 
 
 And recommended that the Proposal, as amended, be adopted. 
 
 Mr. Dove called attention to the absence of his colleague Mr. Chew 
 who was ill and requested that his vote be recorded in the affirmative. 
 Objections being raised by Mr. Hull to the recording of the vote. 
 The request was not granted. 
 
 The question being on the adoption of the report of the committee, 
 a call of the roll was had resulting as follows: Yeas, 56; nays, 27. 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Dietz 
 
 Dove 
 
 Dryer 
 
 Dunlap 
 
 Elting 
 
 Those 
 
 Beckman 
 
 Corcoran 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Fifer 
 
 Jack 
 
 Moore 
 
 Stahl 
 
 Gale 
 
 Jarman 
 
 Nichols 
 
 Stewart 
 
 Garrett 
 
 Johnson, L. C. 
 
 Paddock 
 
 Taff 
 
 Gee 
 
 Johnson, W. A. 
 
 Parker 
 
 Tanner 
 
 Gilbert 
 
 Kerrick 
 
 Rinaker 
 
 Todd 
 
 Goodyear 
 
 Dill 
 
 Scanlan 
 
 Torrance 
 
 Gray 
 
 Dindly 
 
 Shaw 
 
 Trautmann 
 
 Green 
 
 Mack 
 
 Shuey 
 
 Wall 
 
 Hogan 
 
 Meinert 
 
 Six 
 
 Warren 
 
 Hollenbeck 
 
 Mighell 
 
 Smith 
 
 Whitman 
 
 Ireland 
 
 Mills 
 
 Sneed 
 
 Mr. President 
 Yeas— 
 
 voting in the negative are: Messrs. 
 
 De Young Iarussi Michal 
 
 Dupee, E. H. Kunde Miller 
 
 Dupuy, G. A. Latchford Morris 
 
 Ganschow Mayer Pincus 
 
 Hamill • McEwen Sha.nahan 
 
 Hull 
 
 -56. 
 
 Sutherland 
 
 Traeger 
 
 Wilson 
 
 Wolff 
 
 Woodward. 
 
 Nays—27. 
 
 The report of the committee was concurred in and Proposal No. 
 366 was again referred to the Committee on Phraseology and Style. 
 
 Mr. Shanahan, from the Committee of the Whole, submitted the 
 
 further report: 
 
 The Committee of the Whole recommends to the Convention the adoption 
 of the following resolution and requests that it be referred to the Committee 
 
 on Schedule. 
 
CONSTITUTIONAL CONVENTION. 
 
 1920.] 
 
 o A; 
 
 6 i 
 
 Resolved, That there be submitted to the voters of the State as an alter¬ 
 native proposition to be voted upon separately and become effective only as 
 a substitute for section 7 of the Article -on Legislative Department, if the 
 Constitution shall be adopted, and if such substitute be also adopted, as 
 shall be provided in the Article on Schedule, the following: 
 
 Section 7. The General Assembly, whenever the State shall be appor¬ 
 tioned into senatorial districts, shall apportion the State by dividing the 
 population of the State, as ascertained by the (last preceding) Federal 
 census, by the number one hundred fifty-three, and the quotient shall be the 
 ratio of representation in the House of Representatives. 
 
 The State shall be divided into one hundred and fifty-three representative 
 districts, each of which shall elect one representative, whose term of office 
 shall be’two years. Representative districts shall be formed of contiguous 
 and compact territories 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 representative ratio. . ^ „ . 
 
 Counties containing not less than the ratio and three-fourths shall be 
 divided into separate districts and shall be entitled to two representatives 
 and to one additional representative for each number of inhabitants equal 
 to the ratio contained by such counties in excess of twice the number of 
 
 said ratio. 
 
 The question being on the adoption of the report of the committee, 
 a call of the roll was had resulting as follows: Yeas, 5S; nays, 22. 
 TVmcp votino’ in the affirmative are: Messrs. 
 
 Dryer 
 
 Hogan 
 
 Moore 
 
 Dunlap 
 
 Hollenbeck 
 
 Nichols 
 
 Dupuy, G. A. 
 Elting 
 
 Jack 
 
 Paddock 
 
 Jarman 
 
 Parker 
 
 Fifer 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Gale 
 
 Johnson, W. A. 
 
 Shaw 
 
 Garrett 
 
 Kerrick 
 
 Shuey 
 
 Gee 
 
 Lill 
 
 Six 
 
 Gilbert 
 
 Lindly 
 
 Smith 
 
 Goodyear 
 
 Mack 
 
 Sneed 
 
 Gray 
 
 Green 
 
 Mighell 
 
 Mills 
 
 Stahl 
 
 Barr 
 Beckman 
 Brenholt 
 Brewster 
 Carlstrom 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 Cutting 
 Dietz 
 Dove 
 
 Those voting in the negative are: 
 
 Corcoran 
 Davis 
 De Young 
 Dupee, E. H. 
 Ganschow 
 
 Hamill 
 
 Hull 
 
 Iarussi 
 
 Ireland 
 
 Kunde 
 
 Datchford 
 
 Mayer 
 
 McEwen 
 
 Meinert 
 
 Messrs. 
 
 Michal 
 
 Miller 
 
 Morris 
 
 Pincus 
 
 Stewart 
 
 Sutherland 
 
 TafC 
 
 Tanner 
 
 Todd 
 
 Torrance 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Whitman 
 
 Mr. President 
 
 Yeas—58. 
 
 Shanahan 
 
 Traeger 
 
 Wolff 
 
 Woodward. 
 
 Nays—22. 
 
 The report of the committee was concurred and the resolution re¬ 
 ferred to the Committee on Schedule. 
 
 At the hour of 2:15 o’clock p. m., Mr. Gale moved that the Con¬ 
 vention do now adjourn until 3 :00 o’clock p. m., Monday, December 6, 
 
 1920. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
278 
 
 JOURNAL OF THE 
 
 [Dec. 6, 
 
 
 MONDAY, DECEMBER 6, 1920, 3:00 O’CLOCK P. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. .. , 
 
 Prayer was offered by the Rev. Willis Ray Wilson, of the Methodist 
 
 Episcopal Church, of Prophetstown. . . , , 
 
 The Journal of Wednesday, December 1, having been printed and 
 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Tanner to the chair. 
 
 And at the hour of 3 :30 o’clock p. m., the Convention went into 
 Committee of the Whole for the consideration of the report from the Com¬ 
 mittee on Agriculture in relation to forestry, being Proposal No. 355. 
 
 At the hour of 5:03 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. , ,, , ,, 
 
 Mr. Tanner, from the Committee of the Whole, reported that the 
 
 Committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 5 :05 o’clock p. m., Mr. Sutherland moved that the 
 
 Convention do now take a recess until 8 :00 o’clock p.. m. 
 
 Mr. Mighell moved as a substitute that the Convention do now 
 
 adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The substitute motion prevailed. 
 
 And the Convention stood adjourned. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 279 
 
 TUESDAY, DECEMBER 7, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. Willis Ray Wilson, of the Methodist 
 Episcopal Church, of Prophetstown. 
 
 The Journal of Thursday, December 2, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 
 taken up. 
 
 Whereupon, Mr. Whitman moved to correct the hour at which the 
 Convention stood adjourned to read 2:15 o’clock a. m., Friday, December 
 3, instead of 11:55 o’clock p. m., Thursday, December 2. 
 
 And the motion prevailed. 
 
 There being no further corrections, the Journal was ordered to 
 stand approved. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Tanner to the chair. 
 
 And at the hour of 9 :50 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the report from 
 the Committee on Agriculture, in relation to Forestry, being Proposal 
 
 No. 355. 
 
 At the hour of 11:15 o’clock a. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Tanner, from the Committee of the Whole, having had under 
 consideration Proposal No. 355. in relation to Forestry, reported the 
 same back, together with the following amendments thereto, to-wit: 
 Amend Proposal No. 355 to read as follows: 
 
 Resolved, That the following shall become a part of the Constitution of 
 Illinois: Sec. — The General Assembly shall pass laws for the encourage¬ 
 ment of forestry, and may classify for taxation areas devoted to forests and 
 forest culture. 
 
 And recommended that the Proposal as amended do pass. 
 
 The report of the committee was concurred in and Proposal No. 355, 
 referred to the Committee on Phraseology and Style. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 called Mr. Rinaker to the chair. 
 
 And at the hour of 11:20 o’clock a. m., the Convention again went 
 into Committee of the Whole for the consideration of Proposal No. 129 
 
JOURNAL OR THE 
 
 280 
 
 [Dec. 
 
 < . 
 
 reported from the Committee on Bill of Rights with the recommendation 
 that it be made a part of the proposed Constitution. 
 
 At the hour of 3:57 o'clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Rinaker, from the Committee of the Whole, having had under 
 consideration Proposal No. 129, reported that the Committee of the 
 Whole recommended to the Convention that the Proposal be rejected. 
 
 Whereupon, Mr. Gale offered the following as a substitute for the 
 report of the Committee of the Whole, and moved its adoption: 
 
 Resolved, That the following shall become a part of the Constitution 
 of Illinois: 
 
 No law shall require primary elections except for county officials or 
 for delegates to nominating conventions. 
 
 Mr. Hull raised the point of order that the substitute was not in 
 order. 
 
 And the point of order was sustained by the Chair. 
 
 Mr. Gale thereupon appealed from the decision of the Chair. 
 
 And the question being, "Shall the decision of the Chair stand as 
 the decision of the Convention?" 
 
 It was decided in the affirmative. 
 
 The question recurring on the adoption of the report of the Com¬ 
 mittee of the Whole offered by Mr. Rinaker. 
 
 It was decided in the affirmative, and Proposal No. 129 was rejected. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Whitman to the chair. 
 
 And at the hour of 4:00 o'clock p. m., the Convention again went 
 into Committee of the Whole for the further consideration of the report 
 from the Committee on Revenue, Taxation and Finance, being Proposal 
 No. 378. 
 
 At the hour of 4:57 o'clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Whitman, from the Committee of the Whole, reported that the 
 Committee had had under consideration the reports from the Committee 
 on Revenue, Taxation and Finance, being Proposals numbered 378, 380 
 and 381, and reported back Proposal No. 378, together with the follow¬ 
 ing amendments thereto, to-wit: 
 
 Amend Proposal No. 378 by substituting in lieu of Section 1 the follow¬ 
 ing: 
 
 Section 1. The power of taxation shall never be surrendered, sus¬ 
 pended, or contracted away. All taxes shall be levied and collected under 
 general law and for public purposes only. The General Assembly shall 
 provide for the levy of taxes upon property by valuation so that every per¬ 
 son 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 di¬ 
 rect and not otherwise. 
 
 Taxes may be levied also on incomes; if the income tax be graduated 
 and progressive the highest rate shall not exceed four times the lowest rate; 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 281 
 
 and not exceeding $500 to a person not the head of a family whose total 
 net income is less than $1000 and not exceeding $1000 to the head of a 
 family whose total net income is less than $2000 may be exempted from in¬ 
 come tax. Taxes levied by valuation upon property in this State and paid 
 shall be deducted from the tax on income derived therefrom by the person 
 or corporation paying such property tax. 
 
 In lieu of any property tax thereon, the General Assembly may pro¬ 
 vide a uniform tax on all income derived from intangible property in which 
 case the rate of such income tax shall be a uniform real and substantial 
 tax, and there shall be no exemptions therefrom except as provided in Sec¬ 
 tion 3 of this Article. 
 
 Taxes may also be levied on privileges, franchises and occupations 
 uniform as to class. 
 
 The above specifications of the objects and subjects of taxation shall 
 not deprive the General Assembly of the power to require other objects 
 or subjects to be taxed in such manner as may be consistent with the prin¬ 
 ciples of taxation fixed in this Constitution. 
 
 Amend Proposal No. 378 by substituting the following for Section 2: 
 
 The income tax herein authorized shall be levied and collected by some 
 State authority; all income taxes collected from within each county shall be 
 apportioned and divided between the State and the county in the same 
 proportion as the real estate taxes extended within the county for the same 
 year are divided between the State and the county,, and the income tax so 
 apportioned to any county shall be apportioned and divided between the 
 county and all the taxing authorities within the county, in the same pro¬ 
 portion as all the real estate taxes extended within the county for the same 
 year are apportioned and divided between the county and all the taxing 
 authorities within the county for the same year. 
 
 Amend Proposal No. 378 by substituting the following for Section 3 
 
 as amended: 
 
 The property of the State, counties and other municipal corporations 
 both real and personel, household furniture actually in use as such to the 
 extent of five hundred dollars in value, and such other property as may be 
 used exclusively for agricultural, and horticultural societies, for incorporated 
 societies of war veterans, for school, religious, cemetery and charitable 
 purposes including parsonages owned and occupied as such by religious 
 organizations entitled to exemptions under this section, may be exempted 
 from taxation, but such exemptions 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. 
 
 Amend Proposal No. 378 by substituting the following in lieu of Sec¬ 
 tion 4: 
 
 No sale of real estate for delinquent taxes and special assessments shall 
 be made except upon a judgment of a court of record after notice to the 
 owner and not less than two years shall be allowed the owner and parties 
 interested, to redeem from the sale and there shall be no such sale except 
 on application of and conducted by the county treasurer. But the legis¬ 
 lature may provide for enforcing the lien of such taxes or assessments by 
 a proceeding in the nature of a foreclosure in equity after the period of 
 redemption has expired. 
 
 Amend Section 6 in line 2 by adding after the word “village” the fol¬ 
 lowing “and Park Districts.” 
 
 Amend Section 6 in line 3 by inserting after the word “‘assessment 
 the word “or.” 
 
 Amend Section 7 by inserting in line 4 after the word “taxes” the 
 parenthesis and the words “(but not taxes upon income)” and in line 5 
 after the word “taxes” the parenthesis and words “(but not taxes upon 
 income).” 
 
 Amend Proposal No. 378 by adding three new sections thereto to be 
 known as Sections 9, 10 and 11 to read as follows: 
 
282 
 
 JOURNAL OF THE 
 
 [Dec. 7, 
 
 Section 9. For the purposes (or any one or more of them) of acquir¬ 
 ing, constructing, owning, leasing, maintaining, and operating such in¬ 
 come-producing properties as it is by law authorized to own or operate 
 (or to own and operate) for the supply of transportation, communication, 
 light, heat, power, water (or any of them) the General Assembly may by 
 general law authorize any city to issue interest-bearing bonds, in excess of 
 any limitation of indebtedness otherwise prescribed in this Constitution, 
 to an amount not at any time exceeding in the aggregate fifteen per centum 
 on the full value of the taxable real property therein, to be ascertained by 
 the last assessment for State and county purposes previous to the issuance 
 of such bonds. Any city issuing such bond shall, before or at the time of 
 doing so, provide for the collection of a direct annual tax sufficient to pay 
 the interest thereon as it falls due and also to pay and discharge the prin¬ 
 cipal thereof within thirty years from the date thereof. 
 
 Section 10. Unless otherwise provided in the Act of any city, author¬ 
 izing the issuance of any bonds for the purpose of financing any income- 
 producing public utility, such bonds shall be held to be issued in excess of 
 the limitation prescribed by Section 8 of this Article. Each issue of bonds, 
 or of other securities, by any city for the aforesaid purpose, shall be payable 
 in substantially equal annual installments of principal and interest combined, 
 beginning not more than five years from the date thereof. No such bonds 
 or other securities shall be issued until the proposition therefor shall have 
 been consented to by a vote of three-fifths of the legal voters of such city 
 voting upon the question. 
 
 Sec. 11. Any city issuing bonds in excess of the limitation of indebted¬ 
 ness prescribed by Section 8 of this Article, for the purpose of financing any 
 income-producing public utility, shall, not less than four months prior to the 
 time when any tax for the payment and discharge of the principal of and in¬ 
 terest on such bonds, or of the principal of and interest on any other indebt¬ 
 edness incurred for the purpose of financing the same utility, shall by law 
 become collectible, deposit, or cause to be deposited, with the treasurer 
 thereof, out of the gross earnings of the utility for the financing of which 
 indebtedness to be discharged by such tax was incurred, a sum equivalent 
 in amount to such tax, the funds so deposited to be used solely for the pur¬ 
 pose of paying and discharging such indebtedness, both as to principal and 
 interest, as the same falls due. To the extent that funds to be used for the 
 payment of any such indebtedness, as to either principal or interest, shall 
 be deposited with the treasurer of any such city prior to the collection of 
 such tax, such tax shall not be collected, but no subsequent loss or mis¬ 
 appropriation of the funds so deposited shall relieve such city of its liability 
 to pay such indebtedness. Any city owning or operating any public utility 
 shall conform to all requirements with respect to the keeping of accounts 
 and the audit thereof and to the making of reports that shall be prescribed 
 by law with respect to such matters for any other persons or corporations 
 owning or operating a like utility. Any city issuing bonds in excess of the 
 limitation of indebtedness prescribed by Section 8 of this Article, for the 
 purpose of financing any income-producing public utility, shall thereafter 
 (irrespective of the subsequent amortization of the debt evidenced by any 
 bonds or other securities whatsoever, issued for the financing of such 
 utility) establish and maintain such rates or charges for the service supplied 
 as are necessary to provide sufficient revenue (in addition to amounts re¬ 
 quired for the payment of the principal of and interest on all outstanding 
 bonded or other indebtedness incurred for the financing of such utility) 
 to pay and discharge at least all costs and expenses involved in or incidental 
 to the ownership, operation, and maintenance of such utility, including 
 expenditures and reserves for repairs and renewals necessary to maintain 
 the properties in first class condition in every respect at all times. 
 
 The provisions of this section and of Sections 8, 9 and 10 of this Article, 
 except as otherwise provided herein, shall be self-executing, but laws not in 
 conflict therewith may be passed to facilitate their operation. Any taxpayer 
 of any city owning or operating any such utility shall have the right to 
 enforce all provisions of said sections by appropriate proceedings in any 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 283 
 
 court of competent jurisdiction, but the right of such taxpayer with lespect 
 to the enforcement thereof shall not be exclusive. It shall be the duty of 
 courts of general jurisdiction to enforce all such provisions and for such 
 purpose they shall have all necessary powers, including the power to control 
 
 and regulate the service supplied by any such utility. _ , . , T ,^ TT7 „ 
 
 Amend Proposal No. 378 by adding thereto the following to be known 
 
 No municipal corporation shall incur any debt for acquiring, constiuct- 
 ing or operating any income-producing property for the supply of transpor¬ 
 tation, communication, light, heat, power, or water, unless such debt shall 
 be authorized and provision for the payment thereof and intei est thereon 
 be made as in Sections 9, 10 and 11 of this Article. 
 
 And recommended that the Proposal, as amended, do pass^ 
 
 The report of the committee was concurred in and Proposal No. 378 
 referred to the Committee on Phraseology and Style. 
 
 At the hour of 5:00 o’clock p. m., Mr. Pdnaker moved that the 
 Convention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
284 
 
 JOURNAL OF THE 
 
 [Dec. 8. 
 
 WEDNESDAY, DECEMBER 8, 1920, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Willis Ray Wilson, of the Methodist 
 Episcopal Church, of Prophetstown. 
 
 The Journal of Monday, December 6, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The President laid before the Convention the appointment of Mr. 
 Clarke as chairman of the Committee on Phraseology and Style vice Mr.’ 
 Hamill, resigned, and Mr. Brewster as a member of said committee to 
 fill the vacancy. 
 
 The Convention proceeding on the order of reports of standing com¬ 
 mittees. 
 
 Mr. DeYoung submitted the following report: 
 
 Your Committee on Judicial Department, to which, at its request, were 
 recommitted sections 33 and 47 of Proposal No. 383 entitled “Judicial De¬ 
 partment,” begs to submit the following report: 
 
 1 st.—Amend section 33 by inserting before the word “sessions-,” in 
 line 5 of said section, the words: “criminal branches of said court shall be 
 provided by the county of Cook. All other branches or” and further by 
 striking out the word provided, in line six of said section and inserting in 
 lieu thereof, the words: “held in quarters furnished,” and further by in¬ 
 serting before the word sessions, in line 7 of said section, the word's: 
 “branches or,” so that said section 33 when so amended shall read as fol¬ 
 lows: 
 
 Sec. 33. Sessions of the District Court of Cook County 'shall be held at 
 the city of Chicago. The General Assembly may, however, provide for the 
 holding of branches of said court in cities, villages, and incorporated towns, 
 within said county, other than the city of Chicago, which have a population 
 of at least five thousand inhabitants. Suitable quarters for the holding of 
 the criminal branches of said court shall be provided by the county of 
 Cook. All other branches or sessions of said court shall be held in quarters 
 furnished respectively by the city of Chicago, and such other cities, villages 
 and incorporated towns in which such branches or sessions shall be held, 
 without expense to the county or the State. 
 
 2nd.—Amend section 47 by inserting after the word “officer,” in line 5 
 of said section, a comma, and the words: “after it ha's been fixed by_ law,” 
 and further by inserting after the words “Circuit or,” in the beginning of 
 line 7, in said section 47, the words: “County Court or the” so that said 
 section 47 when so amended shall read as follows: 
 
 Sec. 47. The salaries of the justices of the Supreme Court and of the 
 judges of the Appellate, Circuit and County Courts and the District Court of 
 Cook County shall be fixed by law, and, except as otherwise prescribed in 
 this article, shall be paid out of the State treasury. The salary of no judicial 
 officer, after it has been fixed by law, shall be increased or decreased during 
 the term for which he is elected or appointed, and no justice of the Supreme 
 Court or judge of the Appellate, Circuit or County Courts or the District 
 Court of Cook County shall receive any other compensation, perquisite or 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 285 
 
 benefit in any form whatever, nor shall he perform any duties, other than 
 judicial, from which he shall derive any emolument. 
 
 3rd.—Incorporate in said Proposal No. 383 an additional section to be 
 known as section 38, in the words following: 
 
 Sec. 38. Whenever electors of Cook County equal in number to one- 
 tenth of the vote cast for all candidates for president of the county board 
 of commissioners at the last preceding election thereof shall petition the 
 Chief Justice of the Circuit Court of said county to submit to a vote of the 
 electors thereof the proposition as to whether said county shall adopt the 
 system for the appointment of the judges of the Circuit and District Courts 
 of Cook County hereinafter provided, it shall be the duty of such Chief 
 Justice to submit such proposition to a special county election to be called 
 by such judge within ninety days, by entering of record in said court an 
 order to that effect. But if at any such special election such proposition 
 shall not be adopted, said proposition shall not be again submitted for two 
 years. Such election shall be held under the election laws in force in Cook 
 County. If such proposition receives the affirmative vote of a majority of 
 those voting thereon such system of appointment shall be adopted; and the 
 Chief Justice shall proclaim the adoption thereof. The form of such peti¬ 
 tion, and of its verification, and of the ballots to be used in such election 
 and the manner of voting therein, and the public notice thereof to be given, 
 and the method of certification and recording of the result of said election, 
 shall be prescribed by law, or by the Supreme Court in case the same shall 
 not have been prescribed by law. After the adoption of such proposition, 
 the method of choosing judges of the Circuit and District Courts of Cook 
 County shall be as follows: Upon the occurrence of a vacancy in the office 
 of any judge in .said county, the Governor shall fill such vacancy by appoint¬ 
 ment, from a list of eligible persons furnished to him by a majority of the 
 justices of the Supreme Court, including a majority of the justices thereof 
 from the Seventh Supreme Judicial District, which list shall contain the 
 names of four or more persons for each judge to be appointed, not more 
 than half of whom shall be affiliated with the same political party. Except¬ 
 ing as in this section is otherwise provided, each judge appointed by the 
 Governor for said county of Cook shall hold hi's office during good behavior. 
 At the annual election in November of every sixth year after the adoption 
 of such system of appointment, an election shall be held in the county of 
 Cook to enable the duly qualified electors thereof to express their approval 
 or disapproval of the judges so appointed and then in office. The method of 
 voting and the form of ballots to be used at such elections shall be pre¬ 
 scribed by law. If at any such election a majority of the electors of said 
 county voting at such election shall by their votes express their disapproval 
 of any such judge, his office shall, after the expiration of ninety days there¬ 
 from become vacant, and he shall be ineligible to appointment as a judge 
 of said court for a period of six years thereafter. 
 
 4th.—Incorporate in said Proposal No. 383 a further additional sec¬ 
 tion, to be known as section 46, in the words following: 
 
 “Section 46. No action or proceeding shall be open to objection on the 
 ground that a merely declaratory judgment or decree or order is sought 
 thereby, and the court may make a binding declaration of. right, whether 
 any consequential relief is or could be claimed, or not, as may be provided 
 by law. 
 
 5th.—Renumber sections 38, 39, 40, 41, 42, 43 and 44 of printed Proposal 
 No. 383, so that they will be numbered respectively sections 39, 40, 41, 42, 
 
 43, 44 and 45. 
 
 6th.—Renumber sections 45, 46, 47, 48, 49, 50, 51 and 52 of printed Pro¬ 
 posal No. 383, so that they will be numbered 47, 48, 49, 50, 51, 52, 53 and 54. 
 
JOURNAL OF THE 
 
 [Dec. 8, 
 
 286 
 
 7th.—That your Committee on Judicial Department has been unable to 
 agree upon a revision of sections 6 and 7 of said Proposal ^o. 383, and foi 
 that reason refers said sections to the Committee of the Whole of the Con¬ 
 vention for consideration and disposition. 
 
 Respectfully submitted, 
 
 (Signed) Frederic R. DeToung, 
 
 D. E. Mack, 
 
 Charles S. Cutting, 
 
 Heart I. Greek, 
 
 G. A. Dupuy, 
 
 Willard M. McEwen, 
 
 B. H. Garrett, 
 
 S. J. Gee. 
 
 A. F. Goodyear, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. . 
 
 Mr. Green, from a minority of the Committee on Judicial Depait- 
 
 ment, submitted the further report: 
 
 The members of the Committee on Judicial Department who heretofore 
 reported to the Convention Proposal No. 384, respectfully report and resub¬ 
 mit to the Convention to become a part of the proposed Constitution, section 
 6 of Proposal No. 384, as originally reported, as follows: 
 
 “Section 6. The State shall be divided into seven districts for the elec¬ 
 tion of the justices, and, until otherwise provided by law, they shall remain 
 as now constituted. One justice shall be elected from each district. 
 
 The report of the committee was ordered printed and to lie on the 
 
 table. . . . 
 
 Mr. DeYoung moved that the reports of the Committee on Judicial 
 
 Department be taken from the table and placed on the General Orders. 
 
 And the motion prevailed. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Cutting to the chair. 
 
 And at the hour of 9:30 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the reports of 
 the Committee on Judicial Department, being Proposals- numbered 383 
 
 and 384. 
 
 At the hour of 3:52 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Cutting, from the Committee of the W hole, reported that the 
 committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Whitman offered the following resolution and moved its adop¬ 
 tion : 
 
 Resolution No. 33. 
 
 Resolved, That when the Convention adjourns today it stand adjourned 
 until the first Tuesday in September, 1921, at 10:00 o’clock a. m. 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 28? 
 
 The question being on the adoption of the resolution, a division was 
 had resulting as follows: Yeas, 28; nays, 27. 
 
 And the resolution w T as adopted. 
 
 At the hour of 4:45 o’clock p. m., Mr. Carlstrom moved that the 
 Convention do now adjourn. 
 
 And on that motion a call of the roll was had, resulting as follows: 
 
 Yeas, 27; nays, 35. 
 
 Those voting in the affirmative are 
 
 Brandon De Young Goodyear 
 
 Carlstrom Dietz Hamill 
 
 Chew Dupuy, G. A. Hull 
 
 Cutting Frole McEwen 
 
 Davis Gale Morris 
 
 Dawes Garrett 
 
 Those voting in the negative are: 
 
 Brenholt 
 
 Brewster 
 
 Clarke 
 
 Coolley 
 
 Dove 
 
 Dunlap 
 
 Gee 
 
 Gilbert 
 
 Gray 
 
 Green 
 
 Hogan 
 
 Hollenbeck 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Kerrick 
 
 Lindly 
 
 Mack 
 
 Meinert 
 
 Mighell 
 
 Messrs. 
 
 Parker 
 
 Quinn 
 
 Revell 
 
 Scanlan 
 
 Six 
 
 Messrs. 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Shaw 
 
 Shuey 
 
 Sutherland 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Yeas—27. 
 
 Smith 
 
 Sneed 
 
 Tanner 
 
 Todd 
 
 Wall 
 
 Mr. President 
 Nays—35. 
 
 And the motion was lost. 
 
 Pending the call of the roll, the absence of Messrs. Corlett, Fifer. 
 and Tatf was noted on account of illness and also that of Mr. Barr, who 
 had accompanied Mr. Corlett to his home. 
 
 Mr. Mack moved to reconsider the vote by which the resolution 
 offered by Mr. Whitman was adopted. 
 
 And the motion prevailed. 
 
 Pending discussion, at the hour of 6:20 o’clock p. m., Mr. Gale 
 moved that the Convention do now take a recess until 9 :00 o’clock a. m., 
 tomorrow. 
 
 And the motion prevailed. 
 
 The hour of 9 :00 o’clock a. m., of Thursday, December 9, having 
 arrived, the Convention resumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess, on yesterday, 
 being the adoption of the resolution offered by Mr. Whitman, the same 
 was, by unanimous consent, withdrawn. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Cutting to the chair. 
 
 And at the hour of 9 :55 o’clock a. m., the Convention again went 
 into Committee of the Whole for the further consideration of the reports 
 of the Committee on Judicial Department, being Proposals numbered 
 
 383 and 384. 
 
 At the hour of 11:05 o’clock a. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
288 
 
 JOURNAL OF THE 
 
 [Dec. 8, 
 
 Third District: 
 Fourth District: 
 Fifth District: 
 Sixth District: 
 
 Mr. Cutting, from the Committee of the Whole, having had under 
 consideration Proposals numbered 383 and 38-4, reported back Proposal 
 Xo. 383, together with the following amendments thereto, to-'wit: 
 
 Amend Proposal No. 383, as follows: 
 
 Amend section 1 by striking out the word “the” in line 4, after the 
 
 word “and.” „ . • 
 
 Amend section 5 by substituting in lieu thereof the following: 
 
 Section 5. The Supreme Court shall consist of seven justices, one of 
 whom, to be chosen by themselves, shall he Chief Justice. A majority of the 
 justices shall constitute a quorum and the concurrence of four shall be 
 necessary to every decision. 
 
 Amend section 6 bv substituting in lieu thereof the following: 
 
 Section 6. The State shall be divided into six districts for the election 
 of justices. The first district shall consist of the county of Cook and two 
 justices shall be elected from that district. The State, outside of the county 
 of Cook, shall be divided into five districts for the election of justices, and 
 until otherwise provided by law, they shall be as follows: 
 
 Second District: (Herein insert names of counties.) 
 
 (Herein insert names of counties.) 
 
 (Herein insert names of counties.) 
 
 (Herein insert names of counties.) 
 
 (Herein insert names of counties.) 
 
 One justice shall be elected from each of said districts numbered 2, 3, 
 
 4, 5 and 6. . . 
 
 Amend section 7 by substituting in lieu thereof the following: 
 
 Section 7. The justices of the Supreme Court in office at the time cu 
 the adoption of this Constitution shall continue to hold office during the 
 respective terms for which they were elected or appointed and until their 
 successors are elected and shall qualify. The term of office of justices of the 
 Supreme Court elected after the adoption of this Constitution, other than 
 justices elected or appointed to fill unexpired terms, shall be ten years from 
 the day of their election. 
 
 (Herein insert provisions for the extension of the terms of the presen 
 justices, if necessary, to conform to the re-apportionment plan and the elec¬ 
 tion hereafter of justices in as nearly equal numbers as possible every third 
 year. Provision shall also be made for the election of the additional justice 
 from the first district in the year 1924 and for the election of the two justices 
 
 from that district in different years.) 
 
 Amend section 10 in line 8 by adding after the words _ Mount \ ernon 
 the words “until otherwise provided by law.” Also by placing a comma (,) 
 
 after the word each in line 9. „ 
 
 Amend section 11 in line 4 by inserting the words death or after the 
 
 word “is.” , .. „_„ 
 
 Amend section 13 in line 2 by changing the word of to or. . 
 
 Amend section 16 by striking out the last word in said section and in¬ 
 serting in lieu thereof the word “observed.” . . ,, 
 
 Amend section 19 by inserting after the word “city m line 4 the words 
 “wholly or partly” and also by inserting in line 6 after the word city the 
 
 words “or part thereof.” ,,, . 
 
 Amend section 20 by striking out all words after the word court m 
 
 11116 Amend section 22 in line 11 by striking out the word “of” after the word 
 
 Pla Amend section 28 by inserting at the end of line 8 the words “or ap- 
 
 Amend section 31 by inserting in line after the void 01 lf. L’^the 
 
 “thirty” also by striking out in line 6 preceding the word. J 8 
 word “the” also by inserting the words “elected or appointed m 1 
 the word “judges.” 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 289 
 
 Amend section 32 by striking out in line 1 the words “not less than five” 
 after the w r ord “designate.” 
 
 Amend section 33 by inserting in line 5 before the word “sessions” the 
 words “criminal branches of said court shall be provided by the county of 
 Cook. All other branches or” and also by striking out in line 6 the word 
 “provided” and inserting in lieu thereof the words “held in quarters fur¬ 
 nished” also in line 7 by inserting after the word “such” the words “branches 
 or.” 
 
 Amend section 34 in line 4 by changing the word “justice” to read 
 
 “justices.” 
 
 Amend section 35 by adding the letter “s” to the word “court” in line 1 
 making it read “courts.” 
 
 Amend Proposal No. 383 by adding a new section thereto to be known 
 as section 38, after a renumbering of the sections, which is to read as fol¬ 
 lows: 
 
 Sec. 38. Whenever electors of Cook County equal in number to one- 
 tenth of the vote cast for all candidates for president of the county board of 
 commissioners at the last preceding election thereof shall petition the Chief 
 Justice of the Circuit Court of said county to submit to a vote of the electors 
 thereof the proposition as to whether said county shall adopt the system for 
 the appointment of the judges of the Circuit and District Courts of Cook 
 County hereinafter provided, it shall be the duty of 'such Chief Justice to 
 submit such proposition to a special county election to be called by such 
 judge within ninety days, by entering of record in said court an order to 
 that effect. But if at any such special election such proposition shall not be 
 adopted, said proposition shall not be again submitted for two years. Such 
 election shall be held under the election law’s in force in Cook County. If 
 such proposition receives the affirmative vote of a majority of those voting 
 thereon such system of appointment shall be adopted, and the Chief Justice 
 shall proclaim the adoption thereof. The form of such petition, and of its 
 verification, and of the ballots to be used in such election and the manner 
 of voting therein, and the public notice thereof to be given, and the method 
 of certification and recording of the result of said election, shall be pre¬ 
 scribed by law, or by the Supreme Court in case the same shall not have 
 been prescribed by law. After the adoption of such proposition, the method 
 of choosing judges of the Circuit and District Courts of Cook County shall 
 be as follows: Upon the occurrence of a vacancy in the office of any judge 
 of said county, the Governor shall fill such vacancy by appointment, from a 
 list of eligible persons furnished to him by a majority of the justices of the 
 Supreme Court, including a majority of the justices thereof from the 
 Seventh Supreme Judicial District, which list shall contain the names of 
 four or more persons for each judge to be appointed, not more than half of 
 whom shall be affiliated with the same political party. Excepting as in this 
 section is otherwise provided, each judge appointed by the Governor for said 
 county of Cook shall hold his office during good behavior. At the annual 
 election in November of every sixth year after the adoption of such system 
 of appointment, an election shall be held in the county of Cook to enable the 
 duly qualified electors thereof to express their approval or disapproval of 
 the judges so appointed and then in office. The method of voting and the 
 form of ballots to be used at such election shall be prescribed by law. If at 
 any such election a majority of the electors of said county voting at such 
 election 'shall by their votes express their disapproval of any such judge, his 
 office shall, after the expiration of ninety days therefrom become vacant, 
 and he shall be ineligible to appointment as a judge of said court for a 
 period of six years thereafter. 
 
 Amend section 45 in line 5 by changing the word “the” before the word 
 “Constitution” to “this.” 
 
 Amend Proposal No. 383 by adding thereto a new section to be known 
 as section 46, after a renumbering of the sections, which is to read as 
 
 follows: 
 
 -19 C .1 
 
JOURNAL OF THE 
 
 | Dec. 8, 
 
 290 
 
 Section 46. No action or proceeding 'shall be open to objection on the 
 ground that a merely declaratory judgment or decree or order is sought 
 thereby and the court may make a binding declaration of right, whether any 
 consequential relief is or could be claimed, or not, as may be provided b\ 
 
 law. , , 
 
 Amend section 47 by inserting in line 2 after the words “Appellate and 
 
 “Circuit” the word “court” also in lines 6 and 7 after the words “Appellate 
 and “Circuit.” Also in line 5 by inserting after the word “officer” the words 
 “after it has been fixed by law T ,” also in line 7 by inserting before the word 
 “district” the words “County Court or the.” And also by striking out all 
 after the word “judicial” in line 9 and inserting the following “or engaged 
 in the practice of the law so long as he shall hold the office of such justice oi 
 judge.” 
 
 Amend section 49 by adding at the end of line 1 the words ‘ of each 
 house” and by changing the word “journals” to “journal.” 
 
 And recommended that the Proposal, as amended, do pass. 
 
 The report of the committee was concurred in and Proposal Xo. 
 383, referred to the Committee on Phraseology and Style. 
 
 By unanimous consent, Mr. Sneed submitted the following report: 
 Your Committee on Industrial Affairs and Labor, to which was referred 
 Proposals numbered 107, 46, 140, 216, 206, 165, 185, 203 and 232. 
 
 Recommends that Proposals numbered 107, 46, 140, 216, 206, 165, 185 and 
 203 be rejected and that Proposal No. 232 be placed on the General Orders. 
 Respectfully submitted, 
 
 (Signed) Wm. J. Sneed, 
 
 Chas. V. Parker, 
 
 Guy L. Shaw, 
 
 J. J. Brexholt, Jr., 
 
 E. E. Fyke, 
 
 Lee Mighell, 
 
 Michael Iarussi, 
 Thomas Frole, 
 
 Committee. 
 
 The report of the committee was ordered printed and to lie on the 
 table. 
 
 By unanimous consent, Mr. Miller submitted the following minority 
 report: 
 
 A minority of the Committee on Industrial Affairs and Labor, respect¬ 
 fully recommends that all of the original Proposals submitted to said com¬ 
 mittee be rejected and that the following become a part of the Constitution 
 of Illinois: 
 
 LABOR. 
 
 Section 1. The labor of the human being is an attribute of life and is 
 
 not property. 4 _ 
 
 Section 2. The right of workmen to organize into trade and labor 
 unions and to deal and speak through representatives chosen by themselves, 
 is declared and it shall not be abridged. 
 
 Respectfully submitted, 
 
 (Signed) Amos C. Miller. 
 
 Charles J. Miciial. 
 
 The foregoing minority report was ordered printed and to lie on 
 the table. 
 
 Mr. Whitman offered the following resolution and moved its adop¬ 
 tion : 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 291 
 
 Resolution No. 34. 
 
 Whereas, The reports of the several committees heretofore made to this 
 Convention have been referred to the Convention sitting as a Committee 
 of the Whole, and have been disposed of in the Convention and referred to 
 the Committee on Phraseology and Style; 
 
 And Whereas, All matters on the general orders have been finally dis¬ 
 posed of by this Convention, leaving no pending matters for consideration 
 in Committee of the Whole; 
 
 And Whereas, Before the Convention can proceed further with its de¬ 
 liberations it will be necessary to have before it the reports of the Com¬ 
 mittee on Phraseology and Style on the several matters referred to such 
 committee; 
 
 And Whereas, The Committee on Phraseology and Style has not had 
 the opportunity to consider its report on the subjects of revenue, judicial 
 department, Chicago and Cook County, and other matters referred to it since 
 November 8, 1920, and has not yet completed its report on several other 
 matters heretofore referred to it; 
 
 And Whereas, In the judgment of this Convention it is wise and ex¬ 
 pedient not to proceed with second readings until all matters heretofore 
 referred to the Committee on Phraseology and Style have been reported to 
 this Convention; 
 
 And Whereas, The General Assembly will convene in this hall on the 
 first Wednesday, after the first Monday, in January, A. D. 1921, and in all 
 probability will occupy the hall until on or about the first day of July, 
 A. D. 1921; now, therefore be it 
 
 Resolved , That when the Convention adjourns today it stand adjourned 
 until the first Tuesday in September, A. D. 1921, at ten o’clock a. m.> on 
 said day. 
 
 And the resolutoin was adopted. 
 
 Mr. Dupuy moved that the President be granted authority to call 
 the Convention to order at any time during the recess, should any 
 emergency arise. 
 
 And the motion prevailed. 
 
 The President laid before the Convention the appointment of Mr, 
 Gray as chairman of the Committee to Edit Debates vice Mr. Clarke, 
 who resigned to accept the chairmanship of the Committee on Phrase¬ 
 ology and Style, and Mr. Jarman, as a member of the Committee on 
 Judicial Department vice Mr. Conkling, deceased. 
 
 The President laid before the Convention the following communi¬ 
 cation from the Attorney General, which was ordered placed on file: 
 
 State of Illinois, 
 
 Law Department. 
 
 Springfield, December 9, 1920. 
 
 Edward J. Brundage, Attorney General. 
 
 File No. 10620. 
 
 Constitutional Convention—Proposal on Ratification of Amendments to 
 
 Federal Constitution. 
 
 Honorable Charles E. Woodward, President, Constitutional Convention of 
 1920, Springfield, Illinois. 
 
 Dear Sir: Your letter of December 2 informs me that the Constitu¬ 
 tional Convention has, by resolution, requested the opinion of the Attorney 
 General on the constitutionality of Proposal No. 382, reading as follows: 
 
292 
 
 JOURNAL OF THE 
 
 [Dec. S. 
 
 “Whenever the Congress of the United States shall by appropriate 
 resolution, propose an amendment to the Federal Constitution, such 
 resolution shall be filed and remain in the office of the Governor until 
 after the members of the next General Assembly shall have been elected. 
 
 “When pursuant to law and this election, the General Assembly 
 shall have been organized, the Governor shall present such resolution 
 and proposed amendment for consideration.” 
 
 Article V of the Constitution of the United States provides two methods, 
 and only two, of ratifying a proposed amendment thereof—ratification by 
 legislatures of three-fourths of the several states, or by conventions in three- 
 fourths thereof. The language of the first paragraph of said Proposal 
 applies to either method and the plain effect is to prevent ratification of 
 such proposed amendment, either by convention or by legislature “until 
 after the members of the next General Assembly shall have been elected.” 
 
 The second paragraph of said Proposal requires the Governor to present 
 such proposed amendment and the resolution of Congress proposing same, 
 to the “next General Assembly” for consideration, after it shall have been 
 organized pursuant to law. This paragraph requires submission of the pro¬ 
 posed amendment to the legislature, notwithstanding that Congress may 
 provide for ratification by conventions instead of by legislatures. While it 
 may be doubted whether this paragraph prohibits the Governor from sub¬ 
 mitting such resolution and proposed amendment to a convention (when 
 ratification by conventions is the method proposed by Congress), it certainly 
 doe's not authorize the Governor so to do. In case ratification by conventions 
 is proposed by Congress, leaving the states to provide for the assembling of 
 such conventions, still the General Assembly in existence or in session at 
 the time when such amendment is proposed by Congress is precluded by 
 this Proposal from considering the resolution of Congress, even to the extent 
 of providing for the assembling of such convention. 
 
 It is not wholly irrelevant to remark that the meaning of the words 
 “next General Assembly” is somewhat uncertain. Do these words mean, 
 the next General Assembly whose members are elected after the passage of 
 such resolution of Congress, or do they mean, the first General Assembly 
 which convenes and organizes after the passage of such resolution? 
 
 In Hawke v. Smith, U. S. Supreme Court (decided June 1, 1920), 40 
 Sup Ct. Rep. 495, the court had under consideration the validity of a pro¬ 
 vision in the State Constitution of Ohio which, in substance, prevented the 
 legislature of that 'state from ratifying a proposed amendment to the Federal 
 Constitution, except in accordance with the will of the voters of that state 
 expressed in a referendum election on the question of ratification thereof. 
 
 The court decided: - x 
 
 That ratification by a legislature of a proposed amendment to the 
 Federal Constitution is not an act of legislation within the proper use of 
 the word, but the expression of the assent of the state to the proposed 
 
 amendment. . , , , , 
 
 That the power of a 'state legislature to ratify a proposed amendment to 
 
 the Federal Constitution is not derived from the people of the. state, but has 
 
 its source in such Constitution. 
 
 That it is not a function of the state to alter the method of ratifying a 
 proposed amendment to the Federal Constitution which the Constitution has 
 
 fixed. 
 
 That the Constitution provides only two methods of ratification of a 
 proposed amendment thereof, one by the legislatures of three-fourths of the 
 states, the other by conventions in three-fourths thereof, as Congress may 
 
 That a state has no authority to require the submission of the ratifica¬ 
 tion of a proposed amendment to the Federal Constitution to a referendum 
 
 under the 'state Constitution. , 
 
 The Proposal now under discussion does not contemplate any methoa 
 cf ratifying a proposed amendment to the Federal Constitution different 
 
1920.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 293 
 
 from that provided by the Federal Constitution. Said Proposal does not 
 deal with the method of ratification. The evident purpose of this Proposal 
 is to afford the people of this State an opportunity to consider such pro¬ 
 posed amendment and to choose the members of their legislature in view 
 of the impending question of ratification thereof, which such members must 
 consider. 
 
 The practical effect of this Proposal, should it become part of the 
 State Constitution, is that the people of Illinois prohibit their Legislature 
 existing at the time of the passage of the act of Congress proposing such 
 amendment, from ratifying or even considering the same. The Federal 
 Supreme Court holds that the power to ratify is not conferred by the people 
 of the State but by the Constitution of the United States. It seems reason¬ 
 able to conclude that the power of ratification cannot be restricted in any 
 way by the people of the State, and the Proposal here in question does, in 
 substance and effect, restrict the power of the Legislature conferred upon 
 it by the Federal Constitution. I think it may be strongly argued on the 
 basis of the opinion in the Hawke case, that the Constitution commits to 
 the Legislature itself the power to determine for itself, and free from restric¬ 
 tion or limitation imposed by State authority, what consideration, and the 
 time and manner thereof, it shall give to a proposed amendment to the 
 Federal Constitution, or to a resolution of Congress proposing the same. 
 
 I have been unable to find that the validity of such a provision has been 
 passed upon by the Federal courts, but in the adoption of a recent amend¬ 
 ment by one of the states the validity of a similar provision in its Consti¬ 
 tution has been strongly asserted. In the absence of definite judicial ex¬ 
 pression, I hesitate to express a definite opinion on the validity of this 
 Proposal, but I feel constrained to say that there is at least a strong prob¬ 
 ability that said Proposal is repugnant to the Constitution of the United 
 States. 
 
 Very truly yours, 
 
 Edward J. Brundage, Attorney General. 
 
 At the hour of 11:20 o’clock a. m., Mr. Hamill moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And in accordance with the resolution, heretofore adopted, the Con¬ 
 vention stood adjourned until the first Tuesday in September, A. D. 
 1921, at 10:00 o’clock a. m. 
 
294 
 
 JOURNAL OF THE 
 
 [Sept, G, 
 
 TUESDAY, SEPTEMBER 6, 1921, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Abram G. Bergen, of the Fifth Pres¬ 
 byterian Church, of Springfield. 
 
 The Journal of Tuesday, December 7, 1920, having been printed, 
 and placed on the desks of the Delegates, as provided under the rules, 
 was taken up and, no corrections appearing, was ordered to stand 
 approved. 
 
 The Convention proceeding on the Order of Reports of Standing 
 Committees, Mr. Clarke submitted the following reports: 
 
 Report No. 7. 
 
 YOUR COMMITTEE OK PHRASEOLOGY AND STYLE, TO 
 WHICH WAS REFERRED A PROPOSAL IK RELATIOK TO 
 SUFFRAGE AKD ELECTIOKS (IKTRODUCTIOK KO. 351, 
 REFEREKCE KO. 6) AS AMEKDED IK COMMITTEE OF 
 THE WHOLE, RESPECTFULLY REPORTS THAT IT HAS 
 COKSIDERED SUCH PROPOSAL AKD HEREWITH SETS 
 FORTH IK PARALLEL COLUMKS SAID PROPOSAL AS 
 ADOPTED IK COMMITTEE OF THE WHOLE OK THE 
 LEFT AKD A SUBSTITUTE THEREFOR AS RECOM- 
 MEKDED BY THIS COMMITTEE OK THE RIGHT. 
 
 Resolved, That the following shall become a part of the Constitu¬ 
 
 tion of Illinois: 
 
 Section 1. Every citizen of the 
 United States having resided in this 
 State one year, in the county ninety 
 days, and in the election district 
 thirty days next preceding any elec¬ 
 tion therein, and who shall be above 
 the age of twenty-one years, shall be 
 a qualified elector at such election. 
 No person, however, shall he entitled 
 to vote who has not been a resident 
 of the United States for five years, 
 unless he or she shall have acquired 
 citizenship within less than five years 
 by reason of service in the military 
 or naval forces of the United States. 
 
 Section 2. All votes shall he by 
 ballot. 
 
 Section 1. Excepting only idiots 
 and persons adjudged insane or con¬ 
 victed of infamous crime and not re¬ 
 stored to civil rights, every citizen 
 of the United States above the age 
 of twenty-one years who has resided 
 in the State one year and (unless 
 naturalized because of military or 
 naval service) in the United States 
 five years, shall be a qualified elector, 
 but may vote only in the election 
 district and county in which he has 
 resided thirty and ninety days re¬ 
 spectively next before such election. 
 
 Section 3. All votes shall be by 
 ballot. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 295 
 
 Section 3. Electors shall, in all 
 cases except treason, felony or breach 
 of the peace, be privileged from ar- 
 rest during their attendance at elec¬ 
 tions and in going to and returning 
 from the same. And no elector shall 
 he obliged to do military duty on the 
 days of election, except in time of 
 war or public danger. 
 
 Section 4. No elector shall he 
 deemed to have lost his residence in 
 this State by reason of his absence on 
 the business of the United States or 
 of this State, or in the military or 
 naval service of the United States. 
 
 Section 5. No soldier, seaman or 
 marine in the army or navy of the 
 United States shall be deemed a resi¬ 
 dent of this State in consequence of 
 being stationed therein. 
 
 Section 6. No person shall be elect¬ 
 ed 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, or who Is unable to 
 read and write the English language. 
 
 Section 7. No idiot or person ad¬ 
 judged insane, or person convicted of 
 any infamous crime, shall he entitled 
 to the privilege of an elector unless 
 restored to civil rights. 
 
 Section 8. Except as otherwise 
 provided by general law, concurred 
 in by two-thirds of the members elect¬ 
 ed to each branch of the General As¬ 
 sembly, and passed, after January 1, 
 1927, all regular final elections to fill 
 offices created by this constitution, 
 or which are or may be established 
 by law, shall be held on the first 
 Tuesday after the first Monday in 
 November in each year and at no 
 other time. Special elections to fill 
 vacancies in elective offices, except 
 as otherwise provided in this Consti¬ 
 tution, shall be held on the day of 
 the regular election. 
 
 Section 9. When a vacancy shall 
 happen in an elective office and the 
 unexpired term is less than fifteen 
 months, the appointing power shall 
 fill such vacancy by appointment. 
 When the unexpired term is fifteen 
 
 Section 4. Except for treason, fel¬ 
 ony or breach of the peace, electors 
 shall be privileged from arrest dur¬ 
 ing attendance at and in going to 
 and returning from elections. Mili¬ 
 tia duty shall not be required of elec¬ 
 tors on election days except in time 
 of war or public danger. 
 
 Section 2. No person shall be 
 deemed to have lost his voting resi¬ 
 dence because of absence in the ser¬ 
 vice of the State or the United States 
 nor to have a voting residence be¬ 
 cause he has been stationed as a 
 soldier, seaman or marine in this 
 State. 
 
 (Included in Section 2.) 
 
 Section 5. No person shall hold 
 any office in this State unless he is 
 a citizen of the United States, resi¬ 
 dent in this State one year, and able 
 to read and write the English lan¬ 
 guage. 
 
 (Included in Section 1.) 
 
 Section 6. No final election of 
 officers shall be held save on the 
 Tuesday after the first Monday of 
 November which shall be a holiday; 
 but after the first day of January, 
 1927, the General Assembly, by a two- 
 thirds vote of the members elected 
 to each House, may provide for the 
 election of officers at other times. 
 
 Section 7. Every vacancy in an 
 elective office which would continue 
 a year or more beyond the first regu¬ 
 lar election occurring after ninety 
 days shall be filled at such election; 
 but such vacancy prior to the quali- 
 
296 
 
 JOURNAL OR TILE 
 
 [Sept. 0. 
 
 months or more, such vacancy shall 
 be filled at a special election to be 
 held on the day of the first regular 
 election occurring more than ninety 
 days next ensuing such vacancy; but 
 a temporary appointment may be 
 made to expire upon the qualification 
 of the person elected at such special 
 election. 
 
 Section 10. All regular final elec¬ 
 tion days shall be legal holidays. 
 
 Section 11. The General Assembly 
 may pass laws conducive to the full 
 exercise of the right of suffrage by 
 all persons possessing such right. 
 
 I fication of the person elected, and all 
 other vacancies may be filled by ap¬ 
 pointment. 
 
 (Included in Section 6.) 
 
 Section 8. The General Assembly 
 may pass laws conducive to the full 
 exercise of the suffrage by all those 
 entitled thereto. 
 
 Section 9. This article shall ap¬ 
 ply to all elections under this con¬ 
 stitution or other law. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 Thos. Rinakek. 
 
 Charles B. T. Moore. 
 
 E, H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edw t ard H. Brewster. 
 
 IN RE PROPOSAL NO. 351. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 351, being a Proposal 
 entitled Suffrage and Elections. 
 
 Section 1 . The reference draft departs in five particulars from 
 the Constitution of 1870. 
 
 1. The section there appears in a single sentence, while in the ref¬ 
 erence draft it is phrased in two sentences. 
 
 2. The section there contains a provision with reference to persons 
 who had the right to vote prior to 1848, which is omitted in the refer¬ 
 ence draft. 
 
 3. The guarantee of suffrage to persons naturalized m any couit 
 
 of record is eliminated. # a 
 
 4. A provision is added requiring residence in the United States 
 
 for five years, except in the case of a person naturalized because of mili¬ 
 tary service. 
 
 5. The word “male” is omitted. 
 
 • The section in the reference draft contains the following require¬ 
 ments : 
 
 1st. Citizenship in the United States. . i n . 
 
 2nd. Residence of (a) thirty days in the election district, (b) 
 
 ninety days in the county, and (c) one year in the State. . 
 
 3rd. ” The residence must be next preceding the election. 
 
 4th. The elector must be over 21 years of age. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 297 
 
 5th. Residence in the United States for five years—unless natural¬ 
 ized within that time because of service in the military or naval forces. 
 
 In section 7 of the reference draft the qualifications for voting are 
 further limited. There it is provided that no person (unless lestoied 
 to civil rights) shall be “entitled to the privilege of an elector” who is: 
 
 6th. An idiot. 
 
 7th. Adjudged insane. 
 
 8th. Convicted of infamous crime. 
 
 Inasmuch as sections 1 and 7 deal with the same subject mattei. 
 
 they should be consolidated. . 
 
 The two sections characterize the right of suffrage in three diiiei- 
 ent ways; namely, (a) qualified electors, (b) persons entitled to vote, 
 and (c) persons entitled to the privilege of an elector. Each oi these 
 three phrases in the reference draft is intended to mean the same thing 
 but the} r are susceptible of different meanings. Where the person en¬ 
 titled to the privilege or franchise of voting is described, the noun 
 “qualified elector” seem to your committee the best expression. Where 
 the meaning intended is that, although a person may be a qualified elec ¬ 
 tor, he shall be entitled to vote only in a particular precinct, youi com¬ 
 mittee believes the best expression is “may vote only.” There seems to 
 vour committee no occasion for a third classification, and according } 
 the phrase “persons entitled to the privilege of an elector has been 
 
 ^ There are really two kinds of residence referred to. First, the resi¬ 
 dence which is required of a qualified voter as such, including residence 
 in the State for one year, and in the United States for five years; second, 
 the residence which determines where a “qualified voter” may vote, i. e., 
 residence in the county and election district for ninety and thirty days 
 respectively. The first goes to the right to vote at all, the second only 
 to the place at which the ballot may be cast. The two kinds of residence 
 should be differentiated, and your committee has distinguished them m 
 
 • its- draft. . , , , • 
 
 The phrase “infamous crime” is difficult to construe. As used in 
 
 the present Constitution the words have three possible meanings, t ie.\ 
 may describe crimes which are made infamous, (1) by common law, ( ) 
 by the statutes in force in 1870, or (3) by statute law as it may change 
 from time to time. It cannot be said which of these meanings was in¬ 
 tended by the Constitution of 1870. Furthermore the General Assembly 
 has defined an “infamous crime” in one way in the criminal code (Hurd s 
 Revised Statutes 1917, Chapter 38, Section 279), and in another way m 
 the election laws. (Hurd’s Revised Statutes, 1917, Chapter 4b, Sec¬ 
 tion 70). An infamous crime, as that term is usually understood, is 
 equivalent to a felony, and a felony is generally described as a crime 
 punishable by imprisonment in the State penitentiary. It should be 
 noted that in the Constitution of 1870 the General Assembly was di¬ 
 rected to exclude from the suffrage, persons convicted of infamous crimes. 
 The Committee of the Whole has changed this provision from a mandate 
 to the General Assembly, to a self-executing disfranchisement of persons 
 convicted of such crimes. It is assumed by your committee that m mak¬ 
 ing this change, the Committee of the Whole did not intend to deny is 
 
298 
 
 JOURNAL OF THE 
 
 [Sept. (), 
 
 power of the General Assembly to change from time to time the defini¬ 
 tion of “infamous crime” and thus determine who may be excluded 
 from the franchise under this provision. Such construction appears to 
 be logical and necessary for two reasons. First, because the General 
 Assembly necessarily has the power to control the definition of felonies 
 or infamous crimes, since that body has the power to determine what 
 crimes shall be punishable by imprisonment in the penitentiary; and 
 second, because, in the nature of things, the term “infamous crimes” 
 must be an elastic one to meet changing times and conditions. 
 
 Under a literal construction of the Constitution of 1870 idiots and 
 persons adjudged insane apparently were not denied the right to vote. 
 The Supreme Court however, has recognized that by common law prin¬ 
 ciples such persons cannot vote. (Behrensmeyer v. Kreitz, 135 UL 
 591, 1891; Welsh v. Shumwmj, 232 Ill. 54, 1908). The section as 
 adopted by the Convention and as redrafted by your Committee con¬ 
 forms to the policy announced in these decisions. 
 
 The question has arisen as to whether or not the first section of 
 the article on suffrage in the constitution of 1870 makes unconstitutional 
 an absentee voting law. There is such a law in Illinois but its constitu¬ 
 tionality has never been tested. At the time it was passed the Attorney 
 General expressed some doubt as to its validity under this section. (Re¬ 
 port, Attorney General, 1918, pp. 300, 345). The changes recommended 
 by your committee are intended to remove this doubt. 
 
 Under Section 1 of the Constitution of 1870 it is not necessary 
 that a person should have resided in the State, county and district for 
 the requisite periods after he became a citizen. A person having the 
 necessary qualifications could vote the day after he became naturalized. 
 Your committee understands that there was no intention on the part 
 of the Convention to alter this rule by changing the phrase “every 
 person * * * having resided” to the words “every citizen * * * 
 
 having resided.” Nor does your committee intend any change in this 
 construction by the language recommended. 
 
 Section 2. This section of the reference draft has been made 
 Section 3 of this report and no change is suggested. 
 
 Section 3. This section has been made Section 4 of your com¬ 
 mittee’s report. 
 
 In the Constitution of 1818 this section contained only the first 
 sentence. In 1848 the first and second sentences of the reference draft 
 appeared as separate sections and the same form was adopted in the 
 rejected Constitution of 1862. The Convention of 1870 combined the 
 two sections. 
 
 In the first sentence the verb “be privileged” is separated from the 
 auxiliary “shall” by several words, making the sentence difficult to read. 
 The use of the adjective “same” as a pronoun is objectionable for reasons 
 heretofore stated. Your committee believes that the exception “for 
 treason, felony or breach of the peace” can more easily be comprehended 
 if placed at the beginning of the sentence. 
 
 The second sentence is doubtless intended to protect the suffrage 
 of persons in the military service of the State, rather than of the United 
 States. Obviously the State of Illinois could not, by its Constitution, 
 
CONSTITUTIONAL CONVENTION. 
 
 299 
 
 1921.] 
 
 cr-uarantee the soldiers in the service of the Federal Government the right 
 to vote. Yonr committee has therefore substituted the word “militia 
 for the* word “military” thus restoring the wording used prior to 1870. 
 The sentence has been otherwise rephrased with some economy of words. 
 
 Sections 4 and 5 combined. These sections of the reference draft 
 have been combined in Section 2 of this report for the reason that they 
 are concerned with the same subject matter. The new section has been 
 renumbered since it logically follows Section 1. 
 
 is the substantive used generally throughout the article and for the 
 further reason that a person who has lost his residence 1 cannot be con¬ 
 sidered an “elector.” ,, . _ . 
 
 The word “voting” has been added before the word residence to 
 
 insure that the rule laid down is a rule for determining the residence 
 necessary in order to vote, and not a rule for determining residence 
 for other purposes such as divorce or attachment. 
 
 The word “service” as used in your committee’s draft includes both 
 
 “business” and “military or naval service.” 
 
 Section 6. This section of the reference draft becomes Section 5 
 
 of this report. 
 
 The reference draft leaves some doubt whether a person would be 
 eligible to office whose one year of residence was completed after his elec¬ 
 tion but before he assumed office. This has always been a moot ques¬ 
 tion and has frequently been litigated with varying results. (See Article 
 by Floyd R. Mechem in 1 Michigan Law Rev. p. 17). Your committee 
 believes that the Convention intends to require an eligible officer rather 
 than an eligible candidate and has therefore changed the words to read 
 
 “no person shall hold any office.”. 
 
 Section 7. This section of the reference draft has been discussed 
 
 in Section 1 of this report. 
 
 Section 8. This section becomes Section 6 of your committee's 
 draft. It is a new section. If it is analyzed, it will be found to contain 
 
 the following ideas: x 1 J , , , 
 
 1. It applies to all regular final elections, (a) whether created by 
 
 the Constitution, or (b) created by law. 
 
 2. All elections shall occur on a single day in each year. 
 
 3. The same provisions shall apply to special elections and general 
 elections, except as otherwise provided by the Constitution. . 
 
 4. But the General Assembly may change the provisions ot this 
 section upon certain conditions; (a) after January 1, 1927, (b) by 
 general law, (c) concurred in by two-thirds of the membeis electee o 
 
 each house. 
 
 Since the section is essentially a limitation on the General Assembly 
 it seems best to phrase the section directly as a limitation, rather than 
 
 in the indirect form of the reference draft. 
 
 The clause “offices created by the Constitution or which may be 
 created by law” was doubtless inserted to overcome the effect of the 
 case of Scown v. Czamecki, 264 Ill. 305, 1914. An additional section 
 (Section 9) has been added by your committee because this case holds 
 
JOURNAL OF THE 
 
 300 
 
 i). 
 
 in effect that this entire article has no application to statutory elections. 
 This section will be discussed later. 
 
 The phrase “except as otherwise provided in this Constitution* 5 
 seems unnecessary. The section is in the form of a general provision 
 as to elections and as such will be controlled by any inconsistent special 
 provision in the Constitution. 
 
 Section 10 of the reference draft concerning holidays has been in¬ 
 corporated in this section for the purpose of brevity. A day declared 
 by law to be a “holiday 55 is necessarily a “legal holiday. 55 
 
 The last part of this section in the reference draft referring to 
 special elections, has been dropped. If all elections are required to be 
 held on the day specified, special elections to fill vacancies are included. 
 This is clearly indicated by the next section. 
 
 Section 9. This section of the reference draft is Section 7 in the 
 draft recommended by your committee. 
 
 This section also is new with this Convention. If analyzed it will 
 be found to contain the following elements: 
 
 1. Vacancies in elective offices shall be filled by election, except 
 when the period of vacancy would be less than one year. 
 
 2. Whenever a vacancy is to be filled by an election, the election 
 shall not occur within 90 days after the vacancy. 
 
 3. The period up to the time when the person elected qualifies 
 may he filled by appointment. 
 
 4. There shall be no election if the unexpired term is for less than 
 one year. 
 
 5. All vacancies not filled by election as thus provided shall be 
 filled by the appointing power. 
 
 As it appears in the reference draft this section might lead to an 
 unfortunate result. If an officer died on August 15, 1920, while holding 
 an office for a term expiring December 1, 1921, no election of a successor 
 could be held in November, 1920, but would be held in November, 1921, 
 and the successor then elected would hold office barely three weeks. 
 Your committee has rephrased the section to avoid this result and to 
 retain its full meaning. 
 
 Section 10. This section of the reference draft is included in Sec¬ 
 tion 6 of the draft of your committee. 
 
 Section 11. This section is Section 8 in the draft of your com¬ 
 mittee. Your committee has many times called attention to the prin¬ 
 ciple that a provision of the Constitution affecting the General Assembly 
 must be construed as a limitation and not as a grant of power. It will 
 therefore be seen that this section could only hamper the General As¬ 
 sembly in passing a compulsory voting law. Thus the words “by all 
 persons possessing such right 55 might prevent the General Assembly 
 from exempting from a compulsory voting law persons sick or physically 
 
 unable to vote. 
 
 Again the use of the word “full 55 might render invalid any com¬ 
 pulsory voting law which did not compel the voter to vote for all officers 
 and upon all issues and to do this at ever} r election. In other words 
 this section might be held to require the compulsory voting law to denv 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 301 
 
 a voter’s discretion in voting—as for example in refusing to vote for 
 
 either of two equally bad candidates. > . . x . 
 
 Your committee has made but two minor changes m this seeu on. 
 
 The words “right of suffrage” have been shortened to lead su lage 
 because the term “suffrage” means the right or privilege of voting. 
 (Oxford Dictionary). The words “persons possessing such rignt ha\e 
 
 been changed to read “persons entitled to vote.” 
 
 A new section. In commenting on Section 8 of the reference drat, 
 attention has been called to Section 9 of your committee’s draft. In the 
 case of Plummer v. Yost, 144 Ill. 68, 1893, and in Scown v CzarnecU, 
 264 Ill 305, 1914, the Supreme Court held that the word election 
 as used in Section 1 of Article 7 of the Constitution of 1810 did not 
 include statutory elections. Such a construction affects the entire article 
 as well as the first section. (See dissenting opinion m the latter case). 
 The debates of this Convention indicate clearly that it was the linent.ou 
 to override this construction. In the judgment of your committee the 
 most effective way to do this is by adding another section. . 
 
 The report of vour committee here presented has been submitter to 
 and approved by the chairman of the Committee on Suffrage and 
 
 Elections. 
 
 Report No. 8. 
 
 YOUR COMMITTEE OY PHRASEOLOGY AYD STYLE, TO 
 WHICH WAS REFERRED A PROPOSAL ENTITLED CHI¬ 
 CAGO AND COOK COUNTY (INTRODUCTION NO. 38K 
 REEERFYCE YO 17) AS AMEYDED IY COMMITTEE 
 of ME WHOLE, RESPECTFULLY REPORTS THAT IT 
 HAS COYSIDERED SUCH PROPOSAL AYD HEREWITH 
 SETS FORTH IY PARALLEL COLUMYS ARTICLE I OF 
 SAID PROPOSAL AS ADOPTED IY COMMITTEE OF THE 
 WHOLE OY THE LEFT, AYD A SUBSTITUTE THEREFOR 
 AS RECOMMEYDED BY THIS COMMITTEE OY THE 
 
 RIGHT. 
 
 Resolved, That the following shall become a part of the Constitu¬ 
 tion of Illinois: 
 
 ARTICLE I. 
 
 Section 1. Except as expressly 
 limited by law the city of Chicago 
 is hereby granted and declared to 
 possess full and complete powers of 
 local self-government and corporate 
 action for all municipal purposes. 
 The city may assess and collect taxes 
 and borrow money for corporate pur¬ 
 poses only as authorized by law. 
 
 Section 1. Except as expressly 
 prohibited by law, the city of Chi¬ 
 cago is hereby declared to possess, 
 for all municipal purposes, full and 
 complete power of local self-govein- 
 ment and corporate action. Until 
 otherwise provided by charter these 
 powers shall be exercised by or in 
 accordance with city ordinances. The 
 city may impose taxes and borrow 
 money only as authorized by law. 
 
JOURNAL OF THE 
 
 [Sept. 6. 
 
 802 
 
 Section 2. Charter Convention. 
 The legislative authority of the city 
 of Chicago may provide for the call¬ 
 ing of an elective convention to 
 frame a city charter, or to amend any 
 existing charter, and the power here¬ 
 by granted shall be a continuing 
 power. The question whether a con¬ 
 vention shall be called shall be sub¬ 
 mitted at an election held prior to 
 the election for delegates. The char¬ 
 ter framed by the convention and all 
 amendments thereof, proposed as 
 provided therein, shall be submitted 
 to and adopted by the voters of the 
 city in the manner provided by the 
 convention. The election laws of the 
 State and the powers and duties ex¬ 
 isting thereunder may, by the legis¬ 
 lative authority of the city, or by 
 the convention, be made available 
 for the purpose of the charter. The 
 General Assembly may enact further 
 election laws in aid of this section. 
 
 Provisions of the charter, or of 
 amendments of or additions to the 
 charter, or ordinances passed in pur¬ 
 suance thereof, which relate to the 
 organization of the government of 
 the city, to the distribution of powers 
 among its official agencies or to the 
 tenure and compensation of its offi¬ 
 cials shall prevail over the statutes 
 of the State in conflict therewith. In 
 other matters the charter or ordi¬ 
 nances passed thereunder shall con¬ 
 form to the State law. 
 
 A certified copy of said charter or 
 any amendment thereto shall be filed 
 with the Secretary of State within 
 thirty days after its adoption by ref¬ 
 erendum vote and shall not take 
 effect until so filed. 
 
 Rates of compensation, as well as 
 conditions of appointment and pro¬ 
 motion in the civil service of the 
 city shall be determined according 
 to a general plan, which shall recog¬ 
 nize merit and fitness as controlling 
 principles. 
 
 Section 3. Eminent Domain. The 
 city of Chicago shall have power to 
 condemn private property (including 
 public utilities and the privileges or 
 licenses held in connection there¬ 
 with) for public use in accordance 
 with law. The power to condemn 
 property lying outside of the corpor¬ 
 ate limits shall be determined by law. 
 
 Section 2. The legislative au¬ 
 thority of the city, from time to time, 
 may submit to the voters a proposal 
 to call a convention to frame a city 
 charter. Upon approval of the pro¬ 
 posal by a majority 'of those voting 
 thereon, the legislative authority of 
 the city may provide for an election 
 of delegates to such convention. The 
 charter and all amendments (which 
 shall be made only as provided there¬ 
 in) shall be submitted to the voters 
 in such manner as the convention 
 or charter provides. The State elec¬ 
 tion laws and the powers and duties 
 existing thereunder shall be available 
 for the purposes of this section; and 
 further election laws may be passed 
 in its aid. 
 
 Provisions of the charter and its 
 amendments and of all ordinances 
 passed thereunder regulating the or¬ 
 ganization of the city government, 
 the division of power among its 
 official agencies and the tenure and 
 compensation of its officers and em¬ 
 ployees, shall prevail over State laws 
 in conflict therewith. In other re¬ 
 spects the charter and ordinances 
 passed thereunder shall not be in 
 conflict with State laws. 
 
 Neither the charter nor its amend¬ 
 ments, nor ordinances passed there¬ 
 under, shall impair the rights con¬ 
 cerning civil service appointments, 
 promotions or removals secured by 
 the present laws. 
 
 Before a charter or any amend¬ 
 ment thereof takes effect a copy 
 shall be filed with the Secretary of 
 State. 
 
 Section 3. In the exercise of the 
 power of eminent domain by the city 
 of Chicago, public utilities and their 
 privileges and licenses shall be con¬ 
 sidered private property. 
 
1921.] 
 
 COXSTITUTIOXAL COXYEXTIOX. 
 
 Section 4. Public Utilities. The 
 power of the city to own, acquire, 
 construct, operate or let or lease for 
 operation public utilities, or to sell 
 the same or the product or serv¬ 
 ice thereof, shall not be denied by 
 law, but may be reasonably regulated 
 by general law. 
 
 Section 5. The city shall be auth¬ 
 orized to join with any other munici¬ 
 pality, in such manner as may be 
 provided by law, for the joint con¬ 
 struction of local improvements, pub¬ 
 lic utilities or other local services. 
 
 Section 6. Special Legislation and 
 Local Consent. The General Assem¬ 
 bly may enact local or special laws 
 relating to the governmental affairs 
 of the city of Chicago, but such laws 
 shall not become effective until con¬ 
 sented to by the city. A law which 
 at the time of its enactment is ap¬ 
 plicable to the governmental affairs 
 of no other city than the'city of Chi¬ 
 cago shall be deemed a local or 
 special law. 
 
 Section 7. The consent of the city 
 shall also be required for the crea¬ 
 tion or for the enlargement of any 
 municipal corporation (other than a 
 county) exercising taxing powers in 
 any part of the city of Chicago or 
 for the increase of the taxing powers 
 of any such municipal corporation 
 hereafter created or enlarged. 
 
 Section 8. The consent of the city, 
 whenever required by this Constitu¬ 
 tion, shall be expressed by ordinance, 
 and the General Assembly, the city 
 council or the charter may, in' addi¬ 
 tion, require the submission of the 
 proposition to the voters of the city. 
 Any ordinance consenting to the cre¬ 
 ation, enlargement or consolidation 
 of taxing bodies as provided in this 
 article shall not take effect until 
 ninety days after its enactment, and 
 if within that period either one-third 
 of the members of the legislative 
 authority of the city or five thousand 
 voters demand its submission to 
 popular vote, it shall not take effect 
 until submitted to the voters in ac¬ 
 cordance with law and approved by a 
 majority of those voting upon the 
 question. 
 
 Section 4. The General Assembly 
 shall not deny, but by general law 
 may reasonably regulate, the power 
 of the city to own, acquire, construct, 
 operate, sell, lease or let public util- 
 ties or to sell the product or service 
 thereof. 
 
 Section 5. The city may join, as 
 provided by law, with any municipal 
 corporation for the construction of 
 local improvements or public utili¬ 
 ties or the operation of other local 
 services. 
 
 Section 6. Local or special laws 
 affecting the municipal affairs of the 
 city may be enacted, but such laws 
 shall not take effect until the city 
 consents. If a law is applicable, 
 when enacted, to the municipal 
 affairs of the city of Chicago only, 
 it is a local or special law. 
 
 Section 7. Unless the city con¬ 
 sents, no municipal corporation 
 (other than a county) exercising 
 taxing powers within the city shall 
 be created or enlarged; nor shall 
 the taxing power of any such corpor¬ 
 ation hereafter created or enlarged 
 be increased without such consent. 
 
 Section 8. The consent of the city, 
 whenever prescribed by this Consti¬ 
 tution, shall be expressed by ordi¬ 
 nance, but the General Assembly, 
 the City Council or the charter may 
 prescribe in addition the approval 
 of such ordinance by a majority of 
 the voters voting on the question. 
 Any ordinance consenting to the cre¬ 
 ation, enlargement or consolidation 
 of taxing authorities shall not take 
 effect until ninety days after its 
 enactment, and if within that period 
 either one-third of the City Council 
 or five thousand voters petition the 
 City Council to submit the ordinance 
 to popular vote, it shall not take 
 effect until it is approved at an elec¬ 
 tion by a majority of 'those voting 
 on the question. 
 
304 
 
 JOURNAL OF THE 
 
 [Sept. G, 
 
 Section 9. Consolidation. Munici¬ 
 palities Wholly Within the City and 
 Overlapping Townships. The char¬ 
 ter framed by an elective convention 
 as herein authorized, may provide for 
 the consolidation (in whole or in 
 part) with the City of Chicago, of 
 any or all of the municipal corpor¬ 
 ations and local governments, boards 
 or authorities exercising taxing- 
 powers or any powers of government 
 confined to the territory now or here¬ 
 after embraced within the limits of 
 the city of Chicago. The charter so 
 framed may also provide that where 
 any township embraces territory 
 partly within and partly without the 
 present or future limits of the city, 
 the part within the city shall be de¬ 
 tached from such township and con¬ 
 solidated with the city. Any munici¬ 
 pal corporation, local government, 
 board or authority consolidated with 
 the city shall be abolished and the 
 city shall assume all the debts and 
 liabilities and succeed to all the 
 rights and property thereof. In case 
 township government shall be con¬ 
 solidated with the city, the powers 
 of township officers, insofar as they 
 relate to the collection of taxes, shall 
 be exercised by the county treasurer, 
 until otherwise provided by law. 
 
 Section 10. Consolidation of Sani¬ 
 tary District and of Forest Preserve 
 District. The charter may also pro¬ 
 vide for the consolidation of the gov¬ 
 ernment of the sanitary district of 
 Chicago and of the forest preserve 
 district of Cook County, or of either, 
 with the government of the city of 
 Chicago. Such consolidation shall, 
 as regards each of said districts, be 
 submitted as a separte proposition 
 to the voters of the entire district 
 and shall not become effective unless 
 the vote in its favor shall be cast by 
 a majority of the voters of the dis¬ 
 trict as well as by a majority of the 
 city, voting upon the question. The 
 charter shall prescribe the manner 
 and fix the time of submitting such 
 proposition to a vote. If such propo¬ 
 sition shall fail to be approved at any 
 election, it may thereafter be resub¬ 
 mitted from time to time in such 
 manner as the charter may prescribe. 
 It shall be the duty of all election 
 officials responsible for conducting 
 elections within either of said dis¬ 
 tricts or any part thereof, to submit 
 such proposition to the voters thereof 
 
 Section 9. The charter framed by 
 the Convention may provide for the 
 consolidation with the,city of any 
 or all municipal corporations, local 
 governments, boards or other author¬ 
 ities which exercise powers confined 
 to the limits of the city. The char¬ 
 ter may also detach and consolidate 
 with the city that part of any town¬ 
 ship which lies within the limits of 
 the city. The city shall thereupon 
 succeed to all the powers, property 
 and liabilities of the authority so 
 consolidated with it, and thereupon 
 such authority shall be abolished. 
 Until otherwise provided by law the 
 county treasurer shall collect the 
 taxes in townships or parts thereof 
 consolidated with the city. 
 
 Section 10. The charter may pro¬ 
 vide for the consolidation of the 
 Sanitary District of Chicago and the 
 Forest Preserve District of Cook 
 County, or either of them, with the 
 city. No such consolidation shall be 
 made until it is approved by a ma¬ 
 jority of those voting on the question 
 in the district and in the city. The 
 proper election officers shall submit 
 such proposition to the voters as 
 directed by the charter. All powers, 
 property and liabilities of either dis¬ 
 trict so consolidated shall devolve 
 upon the city, but the city shall 
 exercise no taxing power over terri¬ 
 tory beyond its limits, by virtue of 
 such consolidation. 
 
 Section 10%. The word charter as 
 used in the two preceding sections 
 includes any amendment. The ques¬ 
 tion of consolidation shall be sub¬ 
 mitted to be voted on separately 
 from the question of adopting the 
 charter and the charter may provide 
 for resubmitting the question from 
 time to time. 
 
1921.] 
 
 CONSTITUTIONAL CONTENTION. 
 
 305 
 
 in accordance with the provisions of 
 the charter. 
 
 Upon such consolidation becoming 
 effective, the title to and the control 
 and management of all the property 
 then held by the district thus con¬ 
 solidated shall be vested in the city, 
 and- the city shall have all powers 
 and assume all debts and liabilities 
 of the district, but shall exercise no 
 taxing powers over territory outside 
 of the city limits by virtue of such 
 consolidation. 
 
 The word “charter”, as used in this 
 section and the preceding section, 
 shall be construed to include any 
 amendment thereof and the power of 
 consolidation hereby granted shall be 
 deemed to be a continuing power. 
 
 Section 11. After consolidation of 
 the sanitary district and until other¬ 
 wise provided by law, the city shall 
 continue bo furnish to the inhabitants 
 of the territory within the district 
 as constituted at the time of the con¬ 
 solidation, but lying beyond the pres¬ 
 ent or future limits of the city, with¬ 
 out cost or expense to them or to the 
 municipalities within such territory, 
 sewage disposal service bo the extent 
 furnished to them by the district at 
 that time. The General Assembly 
 shall have no power to enlarge the 
 obligation thereby assumed by the 
 city except to require the city to 
 furnish to the inhabitants of the 
 municipalities in such territory, or 
 any part thereof, at their own cost 
 and expense additional or increased 
 service for sewage disposal purposes. 
 All duties or obligations imposed by 
 law at the time of such consolidation 
 for the benefit of the inhabitants of 
 such territory, or any part thereof, 
 upon the city or sanitary district 
 with respect bo other forms of service 
 shall be assumed by the city unless 
 it shall be relieved thereof by the 
 General Assembly. 
 
 Section 12. Tax Rate After Con¬ 
 solidation. After consolidation in 
 whole or in part, and until a new 
 tax rate shall have been established 
 by law, the city may levy, in addi¬ 
 tion to the annual general tax on the 
 property then authorized to be levied, 
 an annual tax equal to the amount 
 of the taxes caused bo be extended 
 upon the collector’s warrants in the 
 year last preceding the consolidation 
 by the taxing authorities so consoli¬ 
 dated with the city. 
 
 —20 C J 
 
 Section 11. After such consolida¬ 
 tion of the Sanitary District, and 
 until otherwise provided by law, the 
 city shall furnish without charge 
 sewage disposal service beyond its 
 limits in the territory of the district 
 as constituted at the time of consoli¬ 
 dation, but only to the extent then 
 furnished by the district. The Gen¬ 
 eral Assembly shall not enlarge 
 this obligation of the city but may 
 require it to furnish increased sew¬ 
 age disposal service to the inhabi¬ 
 tants or municipalities in such terri¬ 
 tory at their expense. Obligations 
 for other forms of service in such 
 territory imposed by law upon the 
 district or the city at the time of 
 consolidation shall be assumed by 
 the city until it is relieved there¬ 
 from by the General Assembly. 
 
 Section 12. After any consolida¬ 
 tion, and until a new tax rate is 
 fixed by law, the city may levy, in 
 addition to the annual tax then au¬ 
 thorized to be levied, an annual tax 
 equal to the amount of taxes caused 
 to be extended by the authorities so 
 consolidated, upon the collector’s 
 warrants in the year last preceding 
 the consolidation. 
 
JOURNAL OF THE 
 
 806 
 
 Section 13. Park Consolidation 
 Act Preserved. The foregoing pro¬ 
 visions concerning consolidation 
 shall not affect the right of the city, 
 acting through the city council, or 
 otherwise, to avail itself of the pro¬ 
 visions of an Act entitled An Act 
 to consolidate in the government of 
 the city of Chicago the powers and 
 functions now vested in local govern¬ 
 ments and authorities within the 
 territory of said city and to make 
 provision concerning the same , ap¬ 
 proved June 29th, 1915, oi any 
 
 amendment thereof. 
 
 Section 14. Legislative Consolida¬ 
 tion. The General Assembly may 
 provide additional or alternative 
 methods for the consolidation of 
 local governments with the city of 
 Chicago, subject to the consent of 
 the city. 
 
 Section 15. Debt Limit After Con- 
 solidation. The city of Chicago, in 
 the event of any one or more of the 
 municipal corporations lying wholly 
 or partly within said city becoming 
 consolidated therewith, and in the 
 event of said city becoming liable 
 for the indebtedness of any such 
 municipal corporations, may become 
 indebted to an amount (including its 
 existing indebtedness and the indeb¬ 
 tedness of all municipal corporations 
 lying wholly within the limits of 
 said city, and said city’s propor¬ 
 tionate share of the indebtedness of 
 the County of Cook, the Forest Pre¬ 
 serve District of Cook County, and 
 the Sanitary District of Chicago) in 
 the aggregate not exceeding five per 
 centum of the full value of the tax¬ 
 able property within its limits as as¬ 
 certained by tne last assessment for 
 State and county taxes previous to 
 the incurring of such indebtedness, 
 but no new bonded indebtedness 
 (other than for refunding purposes) 
 shall be incurred until the proposi¬ 
 tion therefor shall be consented to 
 bv a majority of the legal voters of 
 said city voting upon the question. 
 The city’s proportionate share of the 
 indebtedness of the County of Cook 
 and of other municipal corporations 
 herein named shall bear the same 
 ratio of the entire indebtedness 
 thereof as the value of the taxable 
 property of such municipal corpor¬ 
 ations within the city bears to the 
 
 Section 16. The rights of the city 
 under the Act for the Consolidation 
 of Local Governments, approved 
 June 29, 1915, or any amendment 
 thereof, are not affected by the fore¬ 
 going provisions. 
 
 Section 17. The General Assembly 
 may provide additional or alternative 
 methods for consolidating local gov¬ 
 ernments within the city of Chicago 
 subject to its consent. 
 
 Section 13. If any municipal cor¬ 
 poration is consolidated with the 
 city, the city may become indebted 
 in the aggregate to an amount not 
 exceeding five per cent of the full 
 value of the taxable property withm 
 its limits. In computing this aggre¬ 
 gate amount the existing indebted¬ 
 ness of the city and the indebtedness 
 of all municipal corporations lying 
 wholly within the limits of the city 
 and the city’s proportionate share 
 of the indebtedness of the County 
 of Cook, the Forest Preserve District 
 and the Sanitary District shall be 
 included. The city’s share of the 
 debt of any of these corporations 
 shall be determined by the propor¬ 
 tion within the city of the taxable 
 value of the property in such corpor- 
 
 ation. .. 
 
 No new bonded indebtedness shall 
 be incurred by the city f'or other 
 than refunding purposes without the 
 approval of the majority of the 
 voters voting on the question. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 307 
 
 value of the entire taxable property 
 of such municipal corporations as as¬ 
 certained by the last assessment for 
 State and county purposes. 
 
 Section 16. No municipal corpor¬ 
 ation hereafter created within the 
 County of Cook having territory 
 covering the territory of the city of 
 Chicago or any part thereof shall he 
 allowed to become indebted other¬ 
 wise than to the extent of its current 
 annual revenues. 
 
 Section 17. Subject to Sections 8, 
 9, 10, 11 and 12 of the Revenue 
 Article, the General Assembly shall 
 have power to permit the city of 
 Chicago after the consolidation with 
 said city of all of the municipal cor¬ 
 porations lying wholly or partly 
 within said city, to become indebted 
 to an amount to be fixed by it in 
 the aggregate exceeding the limit 
 prescribed by this Constitution, but 
 such action of the General Assembly 
 shall not become effective until ap¬ 
 proved by an ordinance of the legis¬ 
 lative authority of the city agreed 
 to by two-thirds vote of its full mem¬ 
 bership and by a favorable vote of 
 three-fifths of the voters of the city 
 voting upon the question. 
 
 Such an ordinance shall not be 
 adopted oftener than once in ten 
 years and the maximum limit of in¬ 
 debtedness, when so extended, shall 
 never exceed ten per cent of the full 
 value of the taxable property within 
 the corporate limits of the city of 
 Chicago as ascertained by the last 
 assessment for State and county 
 taxes. 
 
 Such an ordinance if rejected shall 
 not be resubmitted within two years 
 from the date of such original sub¬ 
 mission. 
 
 The limit of special indebtedness 
 made possible under Sections 9, 10 
 and 11 of the Revenue Article shall 
 in no case be increased under the 
 provisions of this section. 
 
 Section 15. No municipal corpor¬ 
 ation hereafter created covering any 
 part of the territory iof the city shall 
 become indebted otherwise than to 
 the extent of its current annual 
 revenues. 
 
 Section 14. The General Assembly 
 may authorize the city (after con¬ 
 solidation with the city of all the 
 municipal corporations, other than 
 the County of Cook, lying wholly 
 or partly therein) to become in¬ 
 debted, in the aggregate, up to ten 
 per cent of the full value of all tax¬ 
 able property within the city. Any 
 increase of this debt limit under this 
 authority shall require an ordinance 
 passed by two-thirds of those elected 
 to the legislative authority of the 
 city and approved by three-fifths of 
 the voters of the city voting on the 
 question. 
 
 Such an ordinance shall not be 
 passed oftener than once in ten 
 years, and if rejected shall not be re¬ 
 submitted within two years from the 
 date of its original submission. 
 
 Any indebtedness for the acquisi¬ 
 tion, construction or operatioh of the 
 public utilities authorized in Section 
 12 of the Revenue Article shall be 
 incurred only as provided in that 
 article. The amount of taxable prop¬ 
 erty in any area referred to in this 
 and the preceding section shall be 
 ascertained by the last assessment 
 for State and county taxes. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman, 
 Tiios. Rinaker, 
 
 Charles B. T. Moore, . 
 
 E. H. Dupee, 
 
 H. E. Torrance, 
 
 George A. Barr, 
 
 Edward H. Brewster. 
 
308 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 IN RE PROPOSAL NO. 385. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 385, being a Proposal 
 Entitled Chicago and Cook County. 
 
 ARTICLE I. 
 
 This article has presented to your committee a problem different 
 from and in some respects more difficult than any heretofore faced, 
 first, because of the newness of the subject of Municpal Home Hu e, 
 and second, because of the complexity of the overlapping governments 
 agencies in the city of Chicago. For these reasons your committee de¬ 
 sires to reserve certain questions .raised by this proposal lor further con¬ 
 sideration upon the next reference to this committee. 
 
 The recent origin of the subject of municipal home rule m consti¬ 
 tutional law becomes apparent when the various state constitutions are 
 examined. Beginning with Missouri in 1875, thirteen states (or a li e 
 more than one-fourth of all the states in the Union) have granted home 
 rule to cities through constitutional provisions These states are. 
 California (1879), Washington (1889), Minnesota (1896), Coloiad 
 (1902) Oregon (1906), Oklahoma (1907), Michigan (1908), Arizona 
 (1912), Nebraska (1912), Ohio (1912), Texas (1912) and Maryland 
 (1915). In Wisconsin and New York efforts to secure home rule toi 
 cities through constitutional amendments have been made, but without 
 success. The New York Constitution proposed m 1915 also contained 
 a provision for home rule, but that constitution, as is well known, was 
 rejected by the people. The geographical location of these so-called 
 “home rule” states is worth noting; for, with the exception of Mary¬ 
 land, all of them are either in the central or western part of the U nited 
 
 St3,t6^ 
 
 The texts of these constitutional provisions have a scant degree 
 of uniformity, and afford little help in the problem here presented. 
 It should be said, however, that the differences found in these constitu¬ 
 tional provisions are due more to the variety of the questions presen e, 
 
 than to any other factor. . , , 
 
 Attention has been called to the fact that the intricate governmental 
 
 machinery found in the territory covered by the city of Chicago in¬ 
 creases the difficulty presented by this article. Twenty-four separate 
 and overlapping authorities levy taxes and exercise other functions of 
 government within the limits of that city. (See for elaborate discussion 
 of this subject, Report of Chicago Bureau of Efficiency The Unifica¬ 
 tion of Local Governments in Chicago,” January, 1917.) One of the 
 main objects of this article is to authorize the city of Chicago to provide 
 for a systematic consolidation of these overlapping bodies, subject to 
 popular approval. A most difficult problem of legislative drafting is 
 here presented; for to obtain this object—and at the same time sa 
 guard the method of procedure and protect the rights of the inhabita 
 of the overlapping municipalities—requires a careful study of the facts 
 involved and a close consideration of the language used, lour c-o 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 309 
 
 mittee fully appreciates the task which the Committee on Chicago aud 
 Cook County had before it, and is aware of the great labor bestowed on 
 this article by that committee. Accordingly the reference draft has been 
 altered only where a change seemed necessary to shorten or clarify the 
 language, or make the phraseology uniform with the other redrafts by 
 this committee. 
 
 A\e have spoken of how other states have treated the subject of con¬ 
 stitutional home rule. In Illinois the present Constitution does not 
 concern itself with the subject except in certain particulars. Article IX. 
 Section 10, forbids the General Assembly to impose taxes upon muni¬ 
 cipalities without their consent; Article IX, Section 9, contains certain 
 implied limitations on the General Assembly, growing out of what 
 appears in form as a grant of power to the General Assembly; Article 
 XI, Section 4, forbids the General Assembly to grant street railways 
 the right to lay tracks on city streets without the city’s consent; Article 
 IA , Section 22, prohibits the General Assembly from passing local or 
 special laws in a large number of cases, and some of these prohibitions 
 were adopted for the purpose of relieving municipalities from the abuses 
 of such action by the General Assembly (Debates 1870, up. 590-608) ; 
 Article IA , Section 34 (as amended in 1904), permits ihe General As¬ 
 sembly (subject^to referendum) to pass certain special laws for the city 
 of Chicago. (Xote: This amendment has been practically inoperative 
 due to its complexity of form; the General Assembly has in few instances 
 attempted to legislate under it.) Subject to these exceptions, the doc¬ 
 trine of complete legislative supremacy over municipal affairs has always 
 prevailed and still prevails in the constitutional law of Illinois. 
 
 Section 1 . The purpose of this section is to make an immediate 
 grant of home rule powers to the city of Chicago. That city now exer¬ 
 cises. only the powers delegated to it “by law, and the maxim Expressio 
 unius cst exclusio dlterius, forbids the city from exercising any powers 
 
 not enumerated. The Convention, under this section, intends to do 
 three things: 
 
 1. To grant “full powers*’ of home rule to the city. 
 
 2. To abolish the above maxim insofar as it applies to the city. 
 
 3. To make the grant of powers to the city subject to regulation, 
 and even denial by the General Assemblv. 
 
 In considering the language of the reference draft one question 
 immediately arises, namely: A hat officer or officers of the city' shall 
 exercise the powers granted ? It. is clearly the intention of the Con¬ 
 vention that the section should be self executing and should not require 
 action by the General Assembly. But there is doubt whether ffie 
 reference draft would produce the result intended. In fact, similar 
 language in the Constitution of Ohio was denied a self executing effect 
 by the Supreme Court of that state. (State ex rel v. Lynch, 88 Ohio 
 State 71, 1913.) The court held that a grant of power in such language 
 is not self executing, because the particular municipal authority which 
 is to exercise the powers granted is not named. The court specifically 
 declared that the city council of the city of Toledo was not “the city,’’ 
 
310 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 and therefore could not exercise powers granted to “the city/’ To avoid 
 the possibility of a similar construction in this State your .committee has 
 
 suggested that the following sentence be added: 
 
 “Until otherwise provided by charter, these powers shall be 
 
 exercised by or in accordance with city ordinances. 
 
 The other changes made by your committee will be taken up in 
 
 their order and discussed. 
 
 The phrase “except as expressly limited by law has oeen changed 
 to read “except as expressly prohibited by law.” This provision includes 
 (1) such express prohibitions on the power of the city as aireaoy exist, 
 and (2) such express prohibitions as may be made by the General -i s- 
 sembly in the future. The word “limited” as used in the reference 
 draft seems to vour committee unfortunate because it is a word ot loose 
 meaning. Xo person can say exactly what “expressly limited by law 
 means." For this reason the word “prohibited” has been substituted, 
 <dnce that word conveys the particular meaning here intended, i e 
 word “expressly” has itself given your committee some concern, since 
 that word also has a variety of meanings. Primarily the word means 
 anything that is “pressed out,” or that logically flows from the language 
 used. As retained by your committee, the word "expressly is intended 
 
 as an antonym of the word “impliedly. 
 
 The word “granted”' has been omitted as redundant. 
 
 The phrase “for all municipal purposes” is intended to modify, (a) 
 “local self government,” and (b) “corporate action.” Accordingly the 
 second sentence of the section has been rearranged to secure this result. 
 
 The provision, “The city may assess and collect _ taxes • _ 
 
 only as authorized by law,” does not express the intention of the Con¬ 
 vention, since the city neither “assesses” nor ' collects taxes at the pres¬ 
 ent time. The provision is intended to preserve the power of the Gen¬ 
 eral Assembly over taxation, and has therefore been changed to read, 
 “The city may impose taxes * * * only as authorized by law. 
 
 Obviously if the city is forbidden to impose taxes except as authorized 
 
 bv law, it cannot assess or collect them. 
 
 The words “for corporate purposes,” in the same sentence, have 
 
 been omitted as unnecessary, since the city cannot borrow money except 
 
 j„r y-P^ a Ulnd P tee ei calls attention to the fact that many of the terms 
 used in this section, and in fact in the entire article, are comparatively 
 new Thus, the terms “corporate action and municipal pui poses 
 have not previously been used in constitutional provisions granting 
 “home rule” to cities, but have been used in other connections. See 
 Words and Phrases, Vol. 5, p. 4629; Pope s Legal Definitions I ol. 
 p 993) The term “local self government” has been used m the home 
 rule provisions of the constitutions of Ohio and Colorado. (Constitu¬ 
 tion of Ohio, Article XVIII, Sections 3 and I; Constitution of Colorado 
 Article XX Section 6.) Your committee believes, however, that the 
 newness of these words and phrases is not a sufficient reason for dropping 
 them, since other terms equally new would have to be substituted. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 311 
 
 Section 2. This section authorizes the city to frame a charter by 
 means of the so-called “Charter Convention” plan. Three elections are 
 required for this purpose: 
 
 1. A referendum on the question of calling the Convention. 
 
 2. An election for delegates to the Convention itself. 
 
 3. A referendum on the charter framed by the Convention. 
 
 It will be noted that the second election is provided for by the first 
 sentence of the reference draft, while the second sentence provides for 
 the first election. The section has been revised so that all three elections 
 are expressed in chronological order. 
 
 The reference draft is defective, because it is not self executing, 
 and legislation would probably be required to carry out its provisions. 
 A number of questions are left open. Thus it might be asked: How, 
 when and by whom is the submission required by the second sentence 
 to be made? Is there to be a single charter convention, or may there 
 be further conventions in the future? Will the charter framed by the 
 convention exclusively provide for its own amendment? Or may an¬ 
 other convention also be called to suggest amendments only? 
 
 In view of the Convention’s apparent purpose to make the section 
 self executing, and in view of the lack of precedents to guide either the 
 courts or other officials who may be called upon to construe its pro¬ 
 visions, your committee has sought for language which will make as 
 clear as possible; (1) by whom the powers are to be exercised, (2) how 
 they are to be exercised, and (3) when they may be exercised. 
 
 Here again the changes made in the section will be taken up and 
 discussed in their order. 
 
 The clause, “and the power hereby granted shall be a continuing' 
 power,” has been expressed by the phrase “from time to time.” 
 
 The word “elective” before the word “convention” becomes un¬ 
 necessary, when the election .for the convention is prescribed. Your 
 committee believes there should be a direct and positive requirement for 
 this election. 
 
 The phrase, “or to amend any existing charter,” has been omitted. 
 Your committee assumes that the power to call a convention to 
 “frame” a charter necessarily implies the power to call a convention to 
 
 “amend” it. 
 
 In the third sentence of the reference draft the words “framed 
 by the convention” have been omitted as unnecessary. 
 
 In the same sentence the words “proposed as provided therein” are 
 loose and ambiguous. Moreover, as already suggested, they do not 
 indicate whether or not amendments may be made in some other manner. 
 Accordingly this idea has been rendered by the parenthetical clause 
 “(which shall be made only as provided therein)”. This manner of 
 amendment is obviously exclusive. 
 
 The words, in this sentence, “and adopted by,” have been omitted 
 by your committee, since they add nothing to the meaning of the section. 
 In form at least, they require the voters to “adopt” the amendment— 
 a meaning which is not intended. 
 
312 
 
 JOUKXAL OF THE 
 
 [Sept. (5, 
 
 llie last two sentences of the first paragraph of the reference draft 
 have been condensed into a single sentence. However, the phraseology 
 has not been changed, and it will be apparent that the meaning is the 
 same. 
 
 The second paragraph of the section is intended to make the charter 
 and its amendments and ordinances passed under the charter, superior 
 to the laws of the State, but only in so far as matters of local municipal 
 government are concerned. Your committee has tried in certain respects 
 to clarify the phraseology used. 
 
 The clause, “or of amendments of, or additions to the charter” 
 has been condensed into the words “and its amendments.” The sense 
 here is conjunctive and not disjunctive. Moreover, “the charter and its 
 amendments” necessarily includes all “additions” to the charter. 
 
 The phrase “or ordinances passed in pursuance thereof” has been 
 changed to, “of all ordinances passed thereunder.” 
 
 The verb “relate” is a word of vague meaning; it may mean, “to 
 refer to,” “to touch upon” or even “to pertain to” (Century Dictionary). 
 Tour committee is of the opinion that the word “regulate” better ex¬ 
 presses the idea here intended. 
 
 The meaning of the verb “conform” as it is used in the reference 
 draft is uncertain. In what respect shall the charter or ordinances “con- 
 form” to the law of the State J . Shall they “conform” as to substance; 
 or as to style and phraseology; or as to manner of passage; or as to all 
 of these combined ? These questions cannot be answered from an exami¬ 
 nation of the language used. The intent of this sentence is to require 
 that the charter and ordinances shall be in harmony with the laws of the 
 State in matters of substance—-subject to the exceptions created by the 
 previous sentence. Accordingly your committee has rephrased the 
 sentence to secure this result. 
 
 The order of the last two paragraphs of the reference draft is 
 obviously reversed, and they have therefore been rearranged. 
 
 The paragraph concerning “civil service” was inserted to protect 
 the interests of the present civil service employees of the city. Your 
 committee believes that this provision is open to the following objec¬ 
 tions : 
 
 1. The words “civil service of the city” might be construed to in¬ 
 clude all officers and employees of the city. Such a construction is wider 
 than the meaning given to the words “the civil service” in the Civil 
 Service Acts. Indeed those Acts expressly exempt from their provisions, 
 certain of the employees of the city. 
 
 2. The provisions for “a general plan” would probably deny the 
 power to give special privileges or preferences to certain classes, which 
 are now generally recognized as being entitled to preference; for ex¬ 
 ample, war veterans. 
 
 3. The words “merit and fitness” are vague and set up no definite 
 standard. (People ex rel. v. Knauber, 57 Y. Y. Supp. 782, 1899.) 
 Moreover their application to “rates of compensation” introduces a new 
 element into the subject of civil service law. An examination of the 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 313 
 
 existing Civil Service Act discloses no such standard regarding rates 
 of pay. 
 
 As redrafted by your committee, the paragraph is intended to ex- 
 • press the real purpose of the Convention regarding the rights of the civil 
 service employees of the city. 
 
 The wording of the reference draft regarding filing of a “certified*' 
 copy of the charter within “thirty days” seems to your committee to be 
 unfortunate for a number of reasons: 
 
 1. The provision regarding a thirty days limitation might be given 
 a literal interpretation by the courts. In the event of a contested elec¬ 
 tion it might then be too late to file the charter after the final decision 
 on the contest. If the election contest were successful, filing within the 
 thirty days would be futile. 
 
 2. Or suppose that some error or oversight intervened and the 
 charter was in fact not filed until after thirty days. Would all of the 
 labor and expense for the charter then be thrown away because of the 
 blunder of some official or his clerk? 
 
 3. If a “certified” copy is certified in error and is not a true copy 
 —what then would be the result? Could a true copy be filed later on, 
 after the thirty days? 
 
 4. There is no specification as to who shall certify the copy. Shall 
 it be certified by the Board of Election Commissioners, the City Clerk, 
 Secretary of the City Council, or by some other officer? 
 
 In view of these questions and others which might be raised, the 
 provisions as to “thirty days” and the provisions as to a “certified” copy 
 have both been omitted. This change has been made after conference 
 with the Chairman of the Committee on Chicago and Cook County. 
 
 From the point of view of logical arrangement, Section 2 is out 
 of place and will probabA be relocated in the article on the next refer¬ 
 ence to your committee. 
 
 Section 3. Your committee at first was inclined to suggest strik¬ 
 ing out this section for the following reasons: 
 
 1. The city, like all other cities, now has the power to condemn 
 private property for public use by virtue of Section 13 of the Bill of 
 Bights, and the eminent domain statutes. 
 
 2. The property of public utilities (like the property of other cor¬ 
 porations) and their licenses and franchises have been held to be private 
 property and are already subject to condemnation under eminent 
 domain. (Mitchell v. I. St L. Ry. &'C. Co., 68 Ill., p. 286, 1873.) 
 
 3. The second sentence of the section is neither a grant of power 
 to the city nor to the General Assembly. (Note: The idea intended 
 to be conveyed by this sentence, but which is not conveyed, has been 
 fully expressed, as your committee believes, in its revision of the 
 section.) 
 
 The main reason for the section is to emphasize the thought (in- 
 ferentially contained in the reference draft) that the power of the city 
 in regard to eminent domain is superior to the power of any public 
 utility. As redrafted, the section is also intended as an express recog- 
 
314 journal of the [Sept. 6, 
 
 nition of the general power of the city in eminent domain over all kinds 
 of private property. 
 
 Section 4. The form of this section has been changed from the 
 active to the passive voice. This arrangement expresses more directly 
 the meaning intended and avoids the use of the adjective “same” as a 
 pronoun. 
 
 Section 5. The Supreme Court has held that local improvements 
 could not be jointly constructed by two municipalities. (Locffler v. 
 Chicago, 246 Ill. 43, 1910.) The purpose of this section is to overrule 
 that case so far as it concerns the city of Chicago. 
 
 The redundant expression “the city may join * * * for the 
 joint construction” has been revised and shortened. 
 
 In the debates in Committee of the Whole, this section was amended. 
 By the amendment the words “or operation,”' which appeared in the 
 report of the Committee on Chicago and Cook County, were stricken 
 out. Your committee is advised that the phrase “other local services” 
 was intended by the Committee on Chicago and Cook Countjq to cover 
 such services as garbage removal, street cleaning and other public work; 
 that is, such “local services” as may be “operated” without buildings or 
 extensive equipment owned by the city. Your committee understands 
 further that the purpose of the amendment in Committee of the Whole 
 was to prohibit “operation” of “local improvements” and “public utili¬ 
 ties”; the amendment was not intended to prohibit the “operation” of 
 other “local services” of the character indicated. Accordingly, the words 
 “or operation” have been inserted before the words “local services”, in 
 order that this provision of the section may be given its full meaning. 
 If your committee has misinterpreted the intention of the Convention, 
 then the entire clause should be revised. 
 
 The words “other local services” are themselves uncertain in mean¬ 
 ing. In spite of the suggestion given above as to their meaning (gar¬ 
 bage removal, etc.), your committee cannot be sure how these words will 
 be construed in the future. 
 
 Section 6. It seems desirable to avoid the redundant expression 
 “the General ikssembly may enact laws,” since any enactment of the 
 General Assembly is necessarily a law. 
 
 Attention has been called in the discussion of a prior section to the 
 vague meaning of the word “relate.” The word “relating” in the first 
 clause of the first sentence therefore has been changed to the word 
 
 “affecting.” , 
 
 The words “governmental affairs” have been changed to “municipal 
 affairs,” since the latter phrase has had the construction of the courts 
 and is less liable to misinterpretation. (See Words and Phrases, Yol. 
 5, p. 4619.) 
 
 Section 7. This section has not been changed except to rearrange 
 it with a view to condensation. The substance of the section raises 
 certain questions, to which attention should be called. 
 
 In the first place, it will be noted that the section prescribes “con¬ 
 sent” of the city for any enlargement (even the slightest) either of the 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 315 
 
 bodies themselves (which exercise taxing powers within the city) or of 
 the taxing powers of such bodies, as “hereafter created or enlarged.” 
 
 Your committee also has had difficulty with the phrase “increase 
 of the taxing powers.” Does it mean only b} r a direct increase in the 
 tax rate ? Or does the meaning contemplate also a change in the ratio 
 existing between full value and assessed value, whereby the same result 
 would be reached? 
 
 Another question grows out of the fact that under present statutes 
 the tax rate of some of these municipalities is fixed by reference to the 
 tax rate of other municipalities. (See the so-called “Juul Law;” Hurd’s 
 Eevised Statutes 1919, Chap. 24, p. 343.) Would an amendment (to 
 such an act) which did not directly affect the tax rate of the bodies here 
 involved, fall within the scope of this section ? 
 
 Your committee is unable to answer these questions, since it cannot 
 discover from the language, nor from the Debates, what was the inten¬ 
 tion of the Convention. Accordingly a reconsideration of this section 
 is suggested. 
 
 Section 8. In the first sentence of this section the word “require” 
 has been changed to “prescribe,” since it is hardly accurate to speak 
 of the Constitution “requiring” consent of the city. 
 
 The word “and” in the first sentence has been changed to “but,” 
 since the two main clauses of the sentence are antithetical and not con¬ 
 junctive. 
 
 The provision of the reference draft regarding consent of the city 
 is vague. Ho one can say whether the language requires a “majority 
 of all those voting at the election” at which the question is submitted, 
 or requires merely a “majority of those voting on the question” at such 
 an election. To make the provision definite, and to make it uniform 
 with similar provisions elsewhere in the Constitution, the provision has 
 been redrafted as indicated. 
 
 The provision in the second sentence of the reference draft that the 
 legislative authority of the city-or five thousand voters may “demand 
 submission of the ordinances to popular vote, is uncertain. How will 
 the demand be made—that is, in writing, or by public appearance before 
 the City Council, or otherwise? Hpon whom shall the demand be made, 
 the City Council, the Election Commissioners, or upon some other au¬ 
 thority? Who, if anyone, shall be compelled to act when the demand 
 is made? Could a recalcitrant majority of the City Council refuse to 
 submit the question and thereby defeat the purpose of this provision ? 
 It would probably be necessary to call upon the General Assembly to 
 answer some or all of these questions. 
 
 Your committee has sought to obviate these difficulties and to make 
 the provision self executing by requiring; (1) that the demand shall be 
 made upon the City Council, (2) that the demand shall be by “petition,” 
 which is defined as a “formal written request,” and (3) bv compelling 
 the City Council, when such a petition is made, to submit the question 
 to popular vote before the ordinance can take effect. 
 
 Section 9. This section logically should follow Section 2, since 
 Section 9 can have no application until the charter has first been framed. 
 
316 JOURNAL OF the [Sept. 6. 
 
 The language of the reference draft has been condensed about one-half, 
 but with no intention to change its meaning. 
 
 The words “now or hereafter” are unnecessary, since the Constitu¬ 
 tion is always construed as presently speaking. 
 
 The county collector of Cook County now acts as township collector 
 of taxes for the townships within the city of Chicago. He is required, 
 in his capacity as township collector, to account to himself in his 
 capacity as county collector. Your committee is advised that a very- 
 large expense (approximately $50,000) is incurred annually by the 
 county collector in performing this duty. The last sentence of the 
 reference draft is intended to avoid this expenditure, but does not clearly 
 do so. In order to insure this result, the sentence has been revised to 
 read as indicated. 
 
 Section 10. This section has been substantially condensed, but 
 the various changes made need not be considered in detail. 
 
 The third sentence of the reference draft has been omitted since 
 its meaning is really covered b} T the last sentence of the paragraph. 
 
 It has seemed "best to rearrange certain of the ideas of this section 
 which are applicable also to Section 9, and to place them in a separate 
 section, which is designated as Section 10% in your committee’s report. 
 It will be noted that by this arrangement the relationship between Sec¬ 
 tions 9 and 10 is made much clearer. It will also be noted that the pro¬ 
 vision requiring consolidation to be submitted as a “separate proposi¬ 
 tion” is thereby made applicable to both sections and need not be re¬ 
 peated. Moreover, the vagueness of the term “continuing power” is 
 avoided, since the last clause of the sentence, where that term is used, 
 becomes unnecessary. This rearrangement of Section 10 and the addi¬ 
 tion of the extra, section has had the approval of the chairman of the 
 Committee on Chicago and Cook County. 
 
 Section 11. The detailed changes made in this section need not 
 be discussed, since the section in its revised form seems to cover exactly 
 the same ground as the reference draft. The sentences of the section 
 have been rearranged in what is believed to be a more logical form. 
 
 The phrase “present or future limits of the city” has been changed 
 to “its limits,” on the theory previously explained that the Constitution 
 is always construed as presently speaking. It is assumed that the phiase 
 “limits of the city” refers to the limits at whatever time the provision 
 in question is to be applied. 
 
 The phrase “except to require” has been changed to “but may re¬ 
 quire.” to express more clearly the meaning intended. 
 
 The word “own” has been omitted, because it adds nothing to the 
 
 meaning of the sentence. 
 
 A typographical errors occurs in the second sentence of the l etei - 
 ence draft. The phrase, “inhabitants of the municipalities,” should 
 
 read “inhabitants or municipalities.” 
 
 Section 12. Few changes have been made in this section. 
 
 The words “after consolidation in whole or part” have been short¬ 
 ened to “after anv consolidation.” 
 
 The verb “established” has been changed to “fixed/ and the form 
 of the verb changed to the present tense. 
 
1921 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 317 
 
 The phrase annual general tax on property” lias been shortened 
 to “annual tax/' since the meaning is the same. 
 
 The word “taxing” before the word “authorities” has been omitted 
 as unnecessary. 
 
 In the reference draft the section ends with a series of adverbial 
 and prepositional phrases, beginning with the word “upon.” The sen¬ 
 tence structure here is badly strung out. The sentence has been short¬ 
 ened and condensed, and the order of the phrases rearranged. 
 
 Section 13. Tour committee has seriously considered suggesting 
 the elimination of this section, since “consolidation” under the act in 
 question is no longer practicable, because of the low tax rate (1.6 per 
 cent of the assessed value) fixed by the act. Another reason for omitting 
 the section is that under Section 14 of this article the act in question 
 may at any time be amended or repealed. However, for the present the 
 section has merely been shortened to read as indicated. 
 
 Probably on second reference to this committee the section will be 
 
 placed in the schedule. 
 
 Section 14. The only change made in this section is to condense 
 
 the phrase “subject to the consent of the city” to read “subject to its 
 
 consent.” 
 
 Section 15. If this section is analyzed it will be found to contain 
 the following elements: 
 
 1. After consolidating any of the enumerated corporations, the 
 cit) ma} be become indebted to an “aggregate” amount, for general cor¬ 
 porate purposes, not to exceed five per cent of the full value of all prop¬ 
 erty within its limits. 
 
 2. In computing this “aggregate” amount, the “existing” indeb¬ 
 tedness of (1) the city of Chicago, (2) all municipal corporations within 
 the city, and (3) the city’s share of the debt of (a) Cook County, (b) 
 the Forest Preserve District, and (c) the Sanitary District, shall be 
 
 included. 
 
 3. The city s share of (a), (b) and (c) above, shall be ascertained 
 by the ratio which the taxable value of the property in these corpora¬ 
 tions, within the limits of the city, bears to the total taxable value of 
 the property in such corporations. 
 
 4. Such taxable value shall be ascertained by the last assessment 
 
 for State and county taxes, 
 
 5. Ao new bonded indebtedness shall be incurred by the city for 
 other than “refunding” purposes without a referendum. 
 
 The substance of this section is taken from Section 34 of Article 
 IV of the present Constitution. That section has often been criticised 
 because of the length of’its main sentence. It should be noted that the 
 first sentence of the reference draft is very long, containing ITS words. 
 In revising the section the five elements outlined above have been sepa¬ 
 rated, and each has been expressed in a separate sentence. This has 
 necessitated a rewriting of the entire section. 
 
 Element Vo. “4” above is repeated in Section 17 of tbe reference 
 draft. Accordingly this provision has been omitted from this section, 
 
 and in the redraft of Section 17 has been made applicable to both sec¬ 
 tions. 
 
318 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 The words “lying wholly or partly within said city” have been 
 omitted, because the previous sections enumerate specifically the cor¬ 
 porations which may be consolidated, and the phrase quoted is therefore 
 
 redundant. • . . . 
 
 The provision “in the event of said city becoming liable tor the m- 
 
 debtedness of any such municipal corporation” has been dropped oecause 
 
 the previous sections prescribe that the city shall become liable for such 
 
 indebtedness upon consolidation. . ,. 
 
 Section 16. The purpose of this section is to prevent the cieation 
 
 within the city of Chicago (after adoption of this article) of any cor¬ 
 poration having power to incur a bonded indebtedness. But the inclu¬ 
 sion of the words “within the County of Cook” are subversive of this 
 purpose. Under these words any additional taxing body with debt in¬ 
 curring powers, might be created in the city, if any part of such body 
 extended beyond the limits of Cook County. For example, if even a 
 small part of Lake County (or Will County or DuPage County) were 
 included in such “corporation,” then the corporation could be ex¬ 
 tended over the entire area of the city and could be given addihona 
 debt incurring power. Accordingly the words "'thin tie 
 Cook” have been eliminated. 
 
 The phrase “allowed to become indebted otherwise than t - e g 5 
 tent of its current annual revenues” is vague How can such revenues 
 be estimated in advance at the time the debt is sought to be cieated . 
 
 A<ciin, since revenues are sometimes derived by other means than dn < 
 taxation how is it possible to predict in advance what the current 
 annual revenues” will be? Indeed, how can it be ascertained m advance 
 what amount will be raised in any year, even by direct taxation. 
 Finally, under this language, could not the corporation become indebted 
 each vlar up to the extent of its “current revenues” or that year, and 
 then use its revenues for other purposes than for taking care of that 
 
 ^ In order to avoid these difficulties, and to express more accurately; 
 the intention of the Committee of the Whole, some better method of 
 measuring the debt limit permitted by the section should be adopted bv 
 
 1116 This section when analyzed will be found to contain 
 
 ^ T ’^sSr^made subject to Sections 8 to 12 of the Revenue 
 
 Artl< ? e ' After complete consolidation, the city may become indebted 
 (for general corporate purposes) up to ten per.cent o 1ne fu 
 all the taxable property in the city; but the Geneial A,..e , ■ • 
 
 provide an enabling act. and that act must lie approved by (a an ordi 
 nance passed by two-thirds of all the members elected t ft ^kteve 
 authority of the city, and (b) a three-fifths vote of those voting on tne 
 
 q,,eSt f TMs ten per d ce m nt is in addition to the five per cent authorized 
 
 ^ S f limb ^Vo^remS he passed oftener than once in ten 
 years. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 319 
 
 5. If the ordinance is rejected at the referendum, it cannot be 
 again submitted within two years. 
 
 6. The special indebtedness made possible in the Revenue Article 
 cannot be increased under this section. 
 
 7. The amount of taxable property is to be ascertained according 
 to the last assessment for State and county taxes. 
 
 The section has been redrafted to express more clearly these various 
 elements. 
 
 The clause, “subject to Sections 8, 9, 10, 11 and 12 of the Revenue 
 Article,” and the last paragraph of the section have been combined into 
 the sentence: 
 
 “Any indebtedness for the acquisition, construction or operation 
 
 of the public utilities described in Section 12 of the Revenue Article 
 
 shall be incurred only as provided in that article.” 
 
 Attention should be called to the fact that the proposed Revenue 
 Article permits municipalities (including the city of Chicago) to incur 
 a further indebtedness of fifteen per cent of the taxable real property in 
 addition to that allowed elsewhere in the Constitution, but only for the 
 purpose of financing public utilities. The result is that the aggregate 
 bonded indebtedness which may be incurred by the city of Chicago under 
 the proposed Constitution is limited to fifteen per cent of the full value 
 of the taxable property within the city 7 ', plus fifteen per cent of the tax¬ 
 able real property. 
 
 The language above quoted has been chosen, (after consultation with 
 the mover of the amendments to this section in the Committee of the 
 Whole, and with the chairman of Committee on Chicago and Cook 
 County) for the purpose of making this result definite and sure. The 
 provision quoted is in part a repetition of that found in Section 12 of 
 the Revenue Article, but your committee believes that this sentence 
 should be inserted at the point indicated. 
 
 If the language of the reference draft, regarding element No. “2” 
 above, is examined, it will be seen : 
 
 1. That the General Assembly may pass an enabling act regarding 
 an increase in the debt of the city. 
 
 2. That act however, must be “approved” by an ordinance of the 
 city passed by a two-thirds majority. 
 
 3. The act also must be “approved” by the voters of the city at a 
 
 referendum, in which three-fifths of those voting on the question must 
 
 vote favorably. 
 
 «/ 
 
 In this connection a number of questions are raised: 
 
 (a) Does the act of the General Assembly merely “permit” the 
 citv to increase its debt; or must the act itself fix the terms under which 
 the debt is to be increased ? 
 
 (b) Does the “ordinance” approving the act, do nothing more 
 than express approval of the action of the General Assembly; or must 
 the “ordinance” fix such terms? 
 
 (c) Is a separate ordinance necessary to carry out the authority 
 granted by the General Assembly to the city? 
 
 (d) Is one referendum intended for the act of the General As¬ 
 sembly, and another for the city “ordinance?” 
 
320 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 (e) If the “ordinance’’ merely approves the act of the General 
 Assembly, must a subsequent ordinance, fixing the terms under which 
 the debt may be increased, be subject to a further referendum? 
 
 It is the understanding of your committee that the Convention in¬ 
 tended to require a referendum on the actual proposal to increase the 
 debt of the city. It will be seen from the above analysis that the refer¬ 
 ence draft does not in terms require a referendum on the actual proposal. 
 Accordingly the substance of this portion of the section has been revised. 
 Under the revision four things are made clear: 
 
 1. The General Assembly in its discretion is free to grant or to 
 refuse power to the city to increase its debt limit. 
 
 2. If the city decides to exercise the power granted, such exercise 
 must be carried out by an ordinance. 
 
 3. Any such ordinance must be passed by two-thirds of all those 
 elected to the legislative authority of the city. 
 
 4. An}’ such ordinance must also be approved at a referendum by 
 three-fifths of all those voting on the question. 
 
 If this revision does not express the intention of the Convention, 
 then the portion of the section here in question should be reconsidered 
 in Committee’of the Whole. 
 
 The clause “the General Assembly shall have power to permit” has 
 been changed to “the General Assembly may permit.” 
 
 The phrase “within said city” has been changed to the word “there¬ 
 in.” 
 
 The words “such action of the General Assemblv” have been short- 
 ened to “such law.” 
 
 It will be noted that your committee, in its redraft, has changed 
 the order of the sections after Section 12 of the reference draft. The 
 logic of putting Section 14 of the reference draft last is obvious. The 
 section regarding the Park Consolidation Act (Section 13 of the-refer¬ 
 ence draft) should logically be next to the last section. Section 16 of 
 the reference draft should logically come after Sections 15 and 17 re- 
 spectively of the reference draft. This rearrangement makes the con¬ 
 text of the various sections clearer, and moreover conforms to the simple 
 rules of rhetorical composition. 
 
 It will be seen from this memorandum that your committee has con¬ 
 sulted the chairman of the Committee on Chicago and Cook County in 
 regard to all the changes made. The redraft of your committee here 
 presented has been submitted to and approved by him. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 321 
 
 Report No. 9. 
 
 your committee ox phraseology and style, to 
 
 WHICH WAS REFERRED A PROPOSAL ENTITLED BILL 
 OF RIGHTS. (INTRODUCTION NO. 376, REFERENCE NO. 
 15) AS AMENDED IN COMMITTEE OF THE WHOLE, RE- 
 SPECTFULLl r REPORTS THAT IT HAS CONSIDERED 
 SUCH PROPOSAL AND HEREWITH SETS FORTH IN 
 PARALLEL COLUMNS SAID PROPOSAL AS ADOPTED IN 
 COMMITTEE OF THE WHOLE ON THE LEFT. AND A 
 SUBSTITUTE THEREFORE. AS RECOMMENDED BY THIS 
 COMMITTEE ON THE RIGHT. 
 
 Resolved, That the following 
 lion of Illinois: 
 
 Section 1. All men are by nature 
 free and independent, and have cer¬ 
 tain 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 gov¬ 
 erned. 
 
 Section 2. No person shall be de¬ 
 prived of life, liberty or property 
 without due process of lave. 
 
 Section 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 opinions; 
 but the liberty of conscience hereby 
 secured shall not be construed to dis¬ 
 pense with oaths or affirmations, ex¬ 
 cuse acts of licentiousness, or justify 
 practices inconsistent with the peace 
 or safety of the State. No person 
 shall be required to attend or sup¬ 
 port any ministry or place of wor¬ 
 ship against his consent, nor shall 
 any preferences be given by law to 
 any religious denomination or mode 
 of worship. The reading in the pub¬ 
 lic schools, of selections from any 
 version of the old and new testa¬ 
 ments, without comment, shall never 
 be held to be in conflict with this 
 Constitution. 
 
 shall become a part of the Constitu- 
 
 Section 1. All men are by nature 
 free and independent, and have cer¬ 
 tain 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 gov¬ 
 erned. A frequent recurrence to the 
 fundamental principles of civil gov¬ 
 ernment is necessary to preserve the 
 | blessings of liberty. 
 
 Section 2. (No change suggested.) 
 
 Section 3. (No change suggested.) 
 
 
 
 —21 C J 
 
JOURNAL OF TIIE 
 
 [Sept. f>, 
 
 V -V 
 
 Section 4. Every person may free¬ 
 ly speak, write and publish on all 
 subjects, being responsible for the 
 abuse of that liberty; and in all 
 trials for libel, both civil and crimi¬ 
 nal, the truth, when published with 
 good motives and for justifiable ends, 
 shall be a sufficient defense. 
 
 Section 5. The right of trial by 
 jury as heretofore enjoyed, except as 
 herein modified, shall remain invio¬ 
 late, but may be waived in all but 
 capital cases. The trial of civil cases 
 by a jury of less than twelve, and 
 less than an unanimous verdict in 
 civil cases may be authorized by law. 
 Women shall be eligible to jury serv¬ 
 ice, but shall not be required to serve. 
 
 Section 6. The right of the peo¬ 
 ple to be secure in their persons, 
 houses, papers and effects against 
 unreasonable searches and seizures, 
 shall not be violated; and no war¬ 
 rant, shall issue without probable 
 cause, supported by affidavit, particu¬ 
 larly describing the place to be 
 -searched, and the persons or things 
 to be seized. 
 
 Section 7. All persons shall be 
 bailable, by sufficient sureties, except 
 for capital offenses, where 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 re- 
 . quire it. 
 
 Section 8. No person shall be 
 held to answer for a criminal of¬ 
 fense, unless on indictment of a 
 grand jury, or, in felonies other than 
 capital cases, on information filed by 
 leave of a court of record granted 
 after a preliminary hearing showing 
 probable cause for prosecution; ex¬ 
 cept in cases in which the punish¬ 
 ment is by fine, or imprisonment 
 otherwise than in the penitentiary; 
 in cases of impeachment; and 
 in cases arising in the army and 
 navy, or in the militia when in actual 
 service in time of war or public 
 danger. A full panel of the grand 
 jury shall consist of fifteen persons, 
 and in finding a bill of indictment 
 at least eleven of the grand jury 
 shall be present and agree to the 
 finding. 
 
 Section 4. Every person may free¬ 
 ly speak, write or publish on any 
 subject, but is responsible for the 
 abuse of this liberty. In trials for 
 libel, civil or criminal, the truth, 
 when published with good motives 
 and for justifiable ends, is a suffi¬ 
 cient defense. 
 
 Section 5. The right of trial by 
 jury shall remain inviolate. A jury 
 may be waived except in capital 
 cases. Women shall be eligible but 
 not required to serve as jurors. In 
 civil cases juries of less than twelve 
 and verdicts not unanimous may be 
 authorized by law. 
 
 Section 6. (No change suggested.) 
 
 Section 7. All persons shall be 
 bailable by sufficient sureties, except 
 for capital offenses where the proof 
 is evident or the presumption great. 
 The privilege of the writ of habeas 
 corpus shall not be suspended, unless 
 in cases of rebellion or invasion the 
 public safety may require it. 
 
 Section 8. No person shall be held 
 to answer for a felony except on in¬ 
 dictment by a grand jury, or (save 
 in capital cases) on information filed 
 by the Attorney General or the 
 State’s Attorney by leave of a court 
 of record of competent jurisdiction, 
 after a hearing in such court show¬ 
 ing probable cause. A grand jury 
 shall consist of fifteen persons, eleven 
 of whom shall be present and agree 
 to every indictment. 
 
1921.] 
 
 COX'STITUTIOXAL COXVENTIOX. 
 
 on*) 
 
 060 
 
 Section 9. In all criminal prose¬ 
 cutions, the accused shall have the 
 right to appear and defend in per¬ 
 son 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 attend¬ 
 ance of witnesses in his behalf, and 
 a speedy public trial by an impar¬ 
 tial jury of the county or district in 
 which the offense is alleged to have 
 been committed. 
 
 Section 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. 
 
 Section 11. All penalties shall be 
 proportioned to the nature of the 
 offense; and no conviction shall work 
 corruption of blood or forfeiture of 
 estate; nor shall any person be 
 transported out of the State for any 
 offense committed within the same. 
 
 Section 12. No person shall be 
 imprisoned for debt, unless upon re¬ 
 fusal to deliver up his estate for the 
 benefit of his creditors, in such man¬ 
 ner as shall be prescribed by law; 
 or in cases where there is strong 
 presumption of fraud. 
 
 Section 13. Private property, 
 which shall include the property of 
 incorporated companies as well as 
 of individuals, shall not be taken 
 or damaged for public use without 
 just compensation. Such compensa¬ 
 tion, when not made by the State, 
 shall be ascertained by a jury, as 
 shall be prescribed by law. The fee 
 of land taken for railroad tracks, 
 without the consent of the owners 
 thereof, shall remain in such owners, 
 subject to the use for which it is 
 taken. The General Assembly may 
 authorize the State or any county, 
 city, village or incorporated town, 
 to take, in furtherance of any pub¬ 
 lic improvement, by and with the ap¬ 
 proval of the court as to the neces¬ 
 sity for such taking and the quantity 
 to be taken, a reasonable quantity 
 of land in excess of that which is 
 actually to be occupied by the im¬ 
 provement, such excess taking to be 
 in fee simple, and to hold, sell or 
 lease such excess or any part thereof. 
 
 Section 9. (No change suggested.) 
 
 Section 10. (No change suggested.) 
 
 Section 11. Penalties shall be pro- 
 portioned to offenses. No conviction 
 shall work corruption of blood or for- 
 feiture of estate, or transportation 
 from the State. 
 
 Section 12. No person may be im¬ 
 prisoned for debt except upon refusal 
 to deliver up his estate for his credit¬ 
 ors as prescribed by law, or in case 
 of strong presumption of fraud. 
 
 Section 13. Private property shall 
 not be taken or damaged for public 
 use without just compensation, to be 
 ascertained (except when paid by the 
 State) by a jury. The fee of land 
 taken for railroad tracks without the 
 consent of the owner shall remain in 
 him. 
 
 The General Assembly may author- 
 ice the State or any subdivision 
 thereof or any municipal corpora' 
 tion, to take and to hold, lease or 
 sell, more land than is needed for a 
 public improvement, whenever the 
 court finds the excess is required 
 to protect, preserve or aid the im¬ 
 provement and is reasonable in 
 quantity therefor. 
 
324 
 
 JOURNAL OF THE [Sept. 6, 
 
 Section 14. No ex post facto law, 
 or law impairing the obligation of 
 contracts, or making any irrevocable 
 grant of special privileges or im¬ 
 munities, shall be passed. 
 
 Section 15. The military shall be 
 in strict subordination to the civil 
 power. No soldier shall, in time of 
 peace, be quartered in any house 
 without the consent of the owner; 
 or in time of war except in the man¬ 
 ner prescribed by law. 
 
 Section 1G. The people have the 
 right to assemble in a peaceable man¬ 
 ner to consult for the common good, 
 to make known their opinions to 
 their representatives, and to apply 
 for redress of grievances. 
 
 Section 17. All elections shall be 
 free and equal. 
 
 Section 18. 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. 
 
 Section 19. A frequent recurrence 
 to the fundamental principles of civil 
 government is absolutely necessary 
 to preserve the blessings of liberty. 
 The republican form of government 
 shall never be abandoned, modified 
 or impaired within this State. 
 
 Section 20. The laws of this State 
 shall be applicable alike to all citi¬ 
 zens without regard to race or color, 
 and no citizen shall be prohibited 
 from doing anything that any other 
 citizen may do, because or by reason 
 of the race or color of such citizen. 
 
 Section 14. (No change suggested.) 
 
 Section 15. The military shall be 
 in strict subordination to the civil 
 power. Neither in time of war, ex¬ 
 cept as prescribed by law, nor in 
 time of peace, shall a soldier be 
 quartered on a householder without 
 his consent. 
 
 Section 16. (No change suggested.) 
 
 Section 17. (No change suggested.) 
 
 Section 18. (No change suggested.) 
 
 Section 20. The republican form 
 of government shall never be aban¬ 
 doned, modified or impaired within 
 this State. 
 
 Section 19. Laws shall be appli¬ 
 cable alike to all citizens without re¬ 
 gard to race or color, and no citizen, 
 by reason of his race or color shall 
 be prohibited from doing anything 
 that any other citizen may do. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman . 
 Thos. Rinaker. 
 
 Charles B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 Committee on Phraseology and Style. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION - . 
 
 325 
 
 IN RE PROPOSAL NO. 376. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 376, being a Proposal 
 
 entitled Bill of Rights. 
 
 The Bill of Rights has appeared in substantially the same form 
 since its adoption in the Constitution of 1818, and its form has been 
 changed only slightly in the reference draft. The history of the Bill 
 of Rights goes back much further than 1818, since its substance may be 
 traced to the Constitution of the United States adopted in 1787, to' the 
 Ordinance of the North West Territory of the same year and to the 
 Declaration of Independence of 1776. Further back in English history 
 the prototype of many of the provisions of the Bill of Rights, as we know 
 it now, took shape in the Bill of Rights of 1688 and earlier stilJ in the 
 Petition of Rights in 1627. Still further back at the dawn of English 
 political history, in 1215, the origin of many of these provisions may be 
 found in Magna Charta. 
 
 Because of the history of the article and because of the great amount 
 of construction which it has received from the Supreme Court of this 
 State, your committee has made few changes and those only when strong 
 reasons appeared. 
 
 Section 1 . Your committee has not changed this section as it 
 appears in the reference draft except in punctuation. The dash in line 
 2 has been changed to a semicolon for the reason that the section is so 
 punctuated in the Declaration of Independence, the Constitution of 
 1818, and the rejected Constitution of 1862. 
 
 Your committee has added to this section a sentence which appears 
 as Section 20 of this article in the present Constitution. Section 20 
 of this article in the Constitution of 1870 was made Section 19 of the 
 reference draft and a further sentence was added. A short considera¬ 
 tion of the two provisions as they appear in the Constitution of 1870 
 shows the similarity of their subject matter. Each is an Abstract state¬ 
 ment of political philosophy. Logic would seem to suggest that the 
 two sections, as they appeared in 1870, be combined and accordingly 
 your committee has made this consolidation. 
 
 Section 2. No change has been made in this section. 
 
 Section 3. No change has been made in this section. 
 
 Section 4. The reference draft is the same as Section 4 in the 
 Constitution of 1870. It contains two elements which are not suffici¬ 
 ently related from the point of view of sentence unity. These two ele¬ 
 ments existed not only in separate sentences but in separate sections in 
 the Constitution of 1818, the Constitution of 1848 and the rejected 
 Constitution of 1862. The necessity for separate sentences is apparent 
 when it is observed that the first clause of the reference draft deals 
 with both slander and libel, while the second clause deals only with 
 libel. 
 
 The Convention of 1870 also changed the phrase “any subject” 
 as it had appeared in all the prior Constitutions to read “all subjects.” 
 Your Committee considers the original form preferable and has restored 
 it. The adjective “this” seems preferable to “that” when used to modify 
 
JOURNAL OF THE 
 
 [Sept. 6, 
 
 32 G 
 
 the word “liberty” since the liberty under consideration is immediate 
 and not remote. The correlatives “both * * * and” mean the same 
 
 as “or” and your committee has used the latter word. 
 
 Section 5. This section has been rephrased in Committee of the 
 Whole and only a fraction of the section as it appeared in the Consti¬ 
 tution of 1870 has been retained. 
 
 The phrase “as heretofore enjoyed” first appeared in 1870. The 
 Supreme Court of this State has at times construed this phrase as pre¬ 
 serving the right of trial by jury as it existed at the time of adoption of 
 the Constitution. (Boss v. Irving, 14 Ill. 171, 1852, decided under the 
 Constitution of 1848; Commercial Insurance Company v. Scommon, 
 123 Ill. 601, 1888; City of Spring Valley v. Spring Valley Coal Com¬ 
 pany, 173 Ill. 497, 1898). On other occasions these words have been 
 construed to guarantee the right of trial by jury as it existed at common 
 law. (George v. People, 167 Ill. 447, 1897; Paulsen v. People, 195 Ill. 
 507, 1902). 
 
 It is apparent that this phrase in 1920 does not mean the same 
 thing that it meant in 1870 for the simple reason that half a century 
 has passed in the interval. Moreover, it is apparent from the changes 
 made in Committee of the Whole that the “right of trial by jury” can¬ 
 not be the same “right” as that heretofore enjoyed. In view of these 
 facts your committee has thought it unwise to repeat this phrase in the 
 Constitution of 1920. 
 
 The phrase “in all but capital cases” seems to your committee not 
 so good an expression as “except in capital cases.” 
 
 The second sentence in the reference draft is new and seems to vour 
 committee to be expressed better -in the form given in your committee s 
 draft. 
 
 The third sentence of the reference draft is likewise new and has 
 been simplified by }'Our committee with no intention to change its mean¬ 
 ing. Its place in the section has been changed to conform to rules of 
 logic and paragraph unity. 
 
 Section 6. No change has been made in this section. 
 
 Section 7. The principal change made by your committee in this 
 section is to divide it into two sentences. It is obvious that the light 
 of a person to secure bail has no essential connection with the pinilege 
 of the writ of habeas corpus. To combine these elements into one sen¬ 
 tence violates the principle of sentence unity. 
 
 The word “when” after the word “unless” has been dropped. I he 
 words “unless when” originated in the Federal Constitution. At that 
 time the word “unless” was in good usage as a preposition. It was 
 used as a synonym for the preposition “except,” and it is used in that 
 sense here.' But in the past century good usage has changed, and the 
 word “unless” is now used exclusively as a conjunction. (Century Dic¬ 
 tionary). The word “when” is therefore unnecessary. 
 
 Section 8. This section is similar to the fifth amendment of the 
 Federal Constitution. It has appeared in a slightly different foim in 
 each of the three Constitutions of this State. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 327 
 
 As it appears in the Constitution of 1870, this section has given 
 some difficulty in construction. The Supreme Court at one time re¬ 
 ferred to it as requiring felonies to be prosecuted by indictment and per¬ 
 mitting misdemeanors to be prosecuted by information. ( Brewster v. 
 People\, 183 Ill. 143, 1899). However, the court later held that this 
 rule was not, for all purposes, correct. For example, larceny (including 
 petty larceny) prior to 1911 was named by statute as an infamous crime 
 and accordingly was punishable by loss of civil rights. Thus petty 
 larceny, although it was only a misdemeanor, was punishable “otherwise 
 than in the penitentiary” and could not be prosecuted by information 
 under this section. ( People v. Russel , 245 Ill. 268, 1910). However, 
 the General Assembly in 1911 remedied this situation by amending the 
 statute describing infamous crimes to exclude petty larceny. (Act of 
 May 29, 1911). 
 
 The provision in the Constitution of 1870 that the grand jury may 
 be abolished by law “in all cases” was inserted to permit the General 
 Assembly to abolish the grand jury in any or all cases as that body might 
 see fit. (Debates 1870, p. 1442). However, in 1907, the Attorney 
 General held that under this provision the grand jury could not be 
 abolished in any case unless it was abolished in all cases. (Deports, At¬ 
 torney General, 1908, p. 52). This construction thwarts the clear in¬ 
 tention of the Convention of 1870. 
 
 The Convention has adopted the section as it stands in the Consti¬ 
 tution of 1870 with but two changes: 
 
 First —the words “Provided, that the grand jury may be abolished 
 by law in all cases” have been eliminated and a provision has been sub¬ 
 stituted permitting the prosecution of felonies “other than capital cases, 
 on information filed by leave of a court of record granted after a pre¬ 
 liminary hearing showing probable cause for prosecution.” 
 
 Second —the last sentence of the reference draft, relative to the 
 composition of the grand jury, has been added. 
 
 An analysis of the reference draft shows that five types of prose¬ 
 cution for “criminal offenses” are contemplated: 
 
 1. By indictment in capital cases. 
 
 2. By indictment or on information filed by leave of a court of 
 record after a hearing showing probable cause in felonies other than 
 
 capital cases. 
 
 3. By any manner which the General Assembly may direct in 
 “cases in which the punishment is by fine or imprisonment otherwise 
 
 than in the penitentiary.” 
 
 4. By impeachment. 
 
 5. By courts martial. 
 
 Between number 2 and number 3 there is a further class of cases 
 which (evidently by oversight) are not covered by the reference draft; 
 that is, cases in which the punishment may be either imprisonment in 
 the penitentiary or otherwise. Such cases under the decisions are not 
 felonies nor are they cases in which the punishment is by “fine or 
 imprisonment otherwise than in the penitentiary.” A felony is defined 
 by the criminal code as “an offense punishable with death or by im¬ 
 prisonment in the penitentiary.” (Jones & Addington Annotated 
 
JOUEXAL OF THE 
 
 [Sept. 6, 
 
 Statutes, Sec. 3970). It is well settled under this definition that if an 
 offense is punishable by a penitential sentence and may also be punish¬ 
 able otherwise than by imprisonment in the penitentiary, (for example, 
 by fine or imprisonment in the county jail), such an offense is a mis¬ 
 demeanor and not a felony. ( Larnhin v. People, 94 Ill. 501, 1880; Baits 
 v. People, 123 Ill. 428, 1888; Herman v. People, 131 Ill. 594, 1889; 
 People v. Paisley, 288 Ill. 310, 1919). Similarly the Supreme Court 
 has construed the provision permitting prosecution by information “in 
 cases in which the punishment is by fine, or imprisonment otherwise 
 than in the penitentiary,” to include only cases where no penitentiary 
 sentence can be given. ( People v. Glowachi, 236 Ill. 612, 1908; People 
 v. Bussell, 245 Ill. 268, 1910). It thus appears that, since the reference 
 draft makes no special provision for the prosecution of cases where the 
 punishment may be either imprisonment in the penitentiary or other¬ 
 wise, such cases can be prosecuted only by indictment. This clearly was 
 not the intention of the Committee of the Whole. 
 
 Your committee has therefore changed the wording of the section 
 to make it apply to “felonies” instead of to “criminal offenses.” This 
 change has been made for three reasons: 
 
 1. It remedies the inadvertent omission of the class of cases des¬ 
 cribed in the preceding paragraph. 
 
 2. It eliminates the difficulty involved in the construction of the 
 clause “by imprisonment otherwise than in the penitentiary,” as con¬ 
 sidered above. 
 
 3. It permits the omission of trials for misdemeanors upon im¬ 
 peachments and by courts martial from the entire scope of the section. 
 These three classes of trials are really not intended to be covered by 
 the section, since they are specifically excepted from its application. 
 By omitting from the section any reference to them the same result is 
 accomplished as was intended by the reference draft; and the result is 
 secured by a much simpler wording. 
 
 Your committee has made the following minor changes in the 
 section: (a) The word “except” has been substituted for the word 
 
 “unless” in the reference draft for the reasons given in the discussion 
 of Section 7 of this memorandum, (b) The verb “granted” is omitted 
 as unnecessary, since the adverbial clause “after a preliminary hearing 
 modifies the verb “filed” if “granted” is omitted, (c) The words “prob¬ 
 able cause ior prosecution” have been shortened to the equivalent term 
 “probable cause.” (d) The last sentence of the refeience diaft has 
 been shortened by omitting superfluous words. 
 
 After considerable study your committee has concluded that the 
 provision of this section permitting prosecution by information (as 
 worded in the reference draft) is not self executing, as it was intended 
 to be. This will be obvious when it is observed that; (a) The pro¬ 
 vision does not specify whether the information is to be filed by.(l) 
 the State’s attorney, (2) the Attorney General, or (3). by any citizen, 
 or (4) by anv one of these, (b) The section does not indicate whethei 
 one court may grant leave to file an information in another court, or 
 whether the hearing may not be heard in the court which grants the 
 leave, (c) It is not clear whether the leave to file the information may 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 329 
 
 be asked of a court having no criminal jurisdiction; and if it may be 
 asked for in such court, it does not appear where the trial should take 
 place. 
 
 In order to remove the doubt raised by (a) above, your com¬ 
 mittee has provided that the information may be filed by the Attorney 
 General or by the State's attorney. Your committee is satisfied that 
 the Convention did not intend to enlarge the section so as to permit any 
 individual to file the information ; on the other hand, the Convention 
 intended only to give the existing officers charged with the duty of pro¬ 
 secuting criminals (the Attorney General and the State's attorney) 
 an additional means of proceeding in the cases concerned. Accordingly 
 the words “by the Attorney General or State's attorney" have been 
 added. 
 
 In order to require that the same court which grants the leave to 
 file the information shall also hold the hearing upon it, your committee 
 has added the words “in such court." This avoids the difficulty in 
 (b) above and requires the hearing to be held in the court which 
 grants the leave. In order to secure the filing of the information in a 
 court which may lawfully hear it, your committee has inserted the 
 words “of competent jurisdiction" after the words “court of record.” 
 The difficulty in (c) above is thereby avoided. 
 
 Section 9. No change has been made in this section. 
 
 Section 10. No change has been made in this section. 
 
 Section 11. The word “all" is omitted as unnecessary. 
 
 Since the word “penalties" is used in the plural, the plural form 
 “offenses" should also be used. 
 
 Your committee has condensed the phrase “proportioned to the 
 nature of the offense" to “proportioned to offenses." The words omitted 
 by your committee seem unnecessary. 
 
 Your committee has also condensed the phrase “.. shall 
 
 any person be transported out of the State for any offenses committed 
 within the same," to read “work * * * transportation from the 
 
 State." The clause has thereby been shortened and your committee be¬ 
 lieves that its meaning has not been changed. 
 
 There seems no necessity for the phrase “any offense committed 
 within the same" since your committee assumes the section is not in¬ 
 tended to be applicable to offenses committed outside the State. The 
 adjective “same" is here again used as a pronoun. Tour committee 
 has already called attention to the impropriety of such usage. 
 
 Section 12. Your committee has made but slight changes in this 
 section. 
 
 The verb “shall" has been changed to “may" since it is clear that 
 • the imperative is not intended. As already stated, your committee has 
 consistently used the word “shall" to express the imperative. 
 
 The word “unless" has been changed to “except" for the reasons 
 set out in the discussion of Section 7 of this memorandum. 
 
 The phrase “for the benefit of his creditors" has. been shortened by 
 your committee to the equivalent phrase “for his creditors." 
 
330 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 The words “in such manner as may be prescribed by law” mean no 
 more than “as prescribed by law,” and your committee has used the 
 shorter phrase. 
 
 The last clause of the section is correlative and not coordinate. 
 Accordingly your committee has substituted a comma for a semicolon • 
 to show the true relation of this clause to the sentence. 
 
 There seems no justification for the use of the plural cases since 
 the singular form “base”' necessarily applies to every situation wnich 
 may arise. 
 
 The phrase “where there is strong presumption of fraud” has been 
 condensed by your committee to “of strong presumption of fraud.” 
 
 ' Here again your committee, in revising the section, has been care¬ 
 ful not to change its meaning. 
 
 Section 13. The first part of this section is the same as Section 
 13 of Article II of the present Constitution, except that after the word 
 “property” the words “which shall include the property of incorporated 
 companies as well as of individuals” have been added by the Committee 
 of the Whole. This language is intended to cover the same ground as 
 that covered by Section 14 of Article XI of the present Constitution. 
 But the words" “private property” have been held to include corporate 
 property and franchises, and the Supreme Court has several times stated 
 that Section 14 of Article XI is unnecessary. ( Mitchell v. I. & St. L. 
 By. Co., 68 Ill. 286, 1873; L. S. & M. S. By. Co. v. C. & W. I. By. Co., 
 97 Ill. 506, 1881; A. & S. By. Co. v. Vandalia By. Co., 268 Ill. 68, 
 1915). For these reasons your committee has omitted these words from 
 its redraft 
 
 The phrase “as shall be prescribed by law” has been omitted. It 
 is difficult to tell whether this clause modifies the verb “ascertained” or 
 the noun “jury,” but in either case it is unnecessary. If the clause 
 modifies the word “ascertained” it adds nothing to the meaning of the 
 sentence, because “compensation” cannot be ascertained until a statute 
 has prescribed the proceedings. In the case of People v. McBob&rts. 62 
 Ill. 38, 1871, the Supreme Court, in construing this section, said: 
 
 “Suppose that the words, ‘as shall be prescribed by law/ had 
 been omitted in the section, no one would doubt for a moment that 
 the section went into effect in presenti; and that, until an enactment 
 of a proper law, if there was none, the right of eminent domain 
 could not be exercised.” 
 
 On the other hand, if this clause modifies the word ‘jury it has 
 been disregarded by the Supreme Court. That court has held that the 
 “jury” required bv this section is the same kind of a jury require 
 by Section 5 of Article II of the Constitution. (McManus v. 1Mc¬ 
 Donough, 107 Ill. 95, 1883). Since the clause “as shall be prescribed 
 
 by law” has no effect, it has been omitted. 
 
 In the interest of brevity the first two sentences of the refeience 
 
 draft have been consolidated. ^ 
 
 The words “when not made by the State hav e been rephrased o 
 
 read, “except when paid by the State” to make more clear the fact that 
 these words constitute an exception to the rule of the sentence. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 331 
 
 The next sentence of the reference draft reads “the fee of land 
 taken for railroad tracks without the consent of the owner thereof shall 
 remain in such owner subject to the use for which it is taken/’ Your 
 committee has shortened this sentence to read "The fee of land taken 
 for railroad tracks without the consent of the owner shall remain in 
 him.” The words “subject to the use for which it is taken” are unneces¬ 
 sary because if land is taken for railroad tracks and the fee. remains in 
 the owner, it is obvious that the land is subject to the use in question. 
 
 The last sentence of Section 13 is new with this Convention. It 
 was inserted to give what is known as the right of ’’Excess Condem¬ 
 nation.” In reality it is a construction-sentence for the first portion, of 
 the section, since its purpose is to enlarge the narrow construction 
 given by the courts to the term “public use.” These words have here¬ 
 tofore been construed to permit the condemnation of only such property 
 as is actually occupied by a public improvement. 
 
 In genera] there are three theories of “Excess Condemnation.” 
 
 The first theory is that the condemning authority should be 
 entitled to take remnants of lots which are too small for suitable inde¬ 
 pendent use. This theory is known as the “remnant theory” and is sup¬ 
 ported by the following arguments: 
 
 (a) The remnants are unsightly and often remain so for long 
 
 periods of time. 
 
 (b) The condemning authority is compelled to reimburse the 
 owner of the remnant often to the extent of its full value for the damage 
 done to the remnant. 
 
 (c) The condemning authority, when the improvement is paid 
 for by special assessment, is prevented from assessing the property be¬ 
 yond the remnant as property abutting upon the improvement. 
 
 The second theory of “Excess Condemnation” would permit the 
 condemning authority to take land on all sides of the improvement and 
 to resubdivide and rearrange the frontage abutting upon the improve¬ 
 ment. This theory would permit the full benefits of the improvement 
 to be realized. The language usually adopted to secure this result is 
 that additional land may be taken sufficient “to protect” or “to preserve” 
 the improvement, although sometimes both these words or similar words 
 are used. (See Wisconsin Amendment of 1912, Constitution of Wis¬ 
 consin, Article II, Section 3A; Acts of Virginia 1906, Chapter 194, 
 Section 1; Laws of Oregon 1913, Chapter 269, Section 1. See also Yew 
 York Amendment of 1913, Yew York Constitution, Article I, Section 
 7, and Rhode Island Amendment of 1916, Constitution of Rhode Island, 
 Article 17, Section 1.) In Ohio, by the Amendment of 1912 (Consti¬ 
 tution of Ohio, Article 18, Section 10), a somewhat more comprehensive 
 grant is given, the only limitation being that the additional land shall 
 be “in furtherance of such public use.” It seems entirely fair to say 
 that the provisions adopted by the states which have permitted such 
 excess in the taking of land (either by constitutional amendment or by 
 general laws under existing Constitutions) are mostly drafted upon the 
 basis of this theory. 
 
 3. The third theory would allow the condemnation and resell¬ 
 ing of any land benefited by the improvement, even though such land 
 
332 
 
 JOURNAL OF THE 
 
 [Sept. G, 
 
 might be at a considerable distance from the improvement itself. The 
 purpose of this theory is to permit the municipality to reimburse itself 
 for the expense of constructing the improvement by taking any or all 
 of the land so benefited. This is known as the “recoupment theory.” 
 
 Your committee feels certain that the Convention did not intend 
 to adopt this last theory. It seems clear also that the Convention did 
 not intend to limit the additional land taken to that allowed by the 
 first theory; since the amount of additional land taken and the circum¬ 
 stances under which it is to be taken are left to the judgment of a court 
 and are not specially limited to “remnants.” In view of these con¬ 
 siderations your committee has redrafted the provision to conform to the 
 second'theory and at the same time to comply with the restrictions im¬ 
 posed by the reference draft. 
 
 Section II. Yo change has been made in this section. 
 
 Section 15. This section combines without change Sections 15 and 
 1G of Article II of the Constitution of 1870. Your committee has not 
 altered the form of the first sentence, but the second has been rephrased 
 to express the idea more accurately. The reference draft required the 
 consent of the owner of the house rather than the persons living in it. 
 Literally construed, the reference draft would not permit the govern¬ 
 ment to quarter soldiers in their own homes, if the soldiers did not own 
 their homes, without the consent of the owner. Similarly soldiers 
 might be quartered in the home of a renter without his consent if the 
 owner of the house consented. This obviously was not the intention. 
 Your committee has therefore rewritten the section to require th$ con¬ 
 sent of the householder rather than the owner of the house. The term 
 “householder” is well known to the law and is defined as “the person 
 who holds or occupies a house as his own dwelling or that of his house¬ 
 hold.” (Oxford Dictionary, Yol. 5, p. 422.) The idiom “to quarter 
 soldiers on a householder” is also well known. (Oxford Dictionary, Yol. 
 8, p. 30.) The sentence has been otherwise revised to avoid splitting 
 the main verb from its auxiliary. 
 
 Section 16. Yo change has been made in this section. 
 
 Section 17. Yo change has been made in this section. 
 
 Section 18. Yo change has been made in this section. 
 
 Section 19. This section is new with this Convention. 
 
 The words “of this State” have been omitted as unnecessary. The 
 antecedent of the words “such citizens” in the last line of the section 
 is not clear. The grammatical antecedent is, of course, the next pre¬ 
 ceding appropriate substantive, which is “any other citizen,” but this 
 construction apparently does not effect the purpose intended. Your 
 committee has therefore rearranged the phrase to make it clear that “no 
 citizen” is the proper antecedent of “such citizen.” 
 
 Section 20. The first sentence of this section has been combined, 
 without change, with Section 1 of this Article. 
 
 The second sentence is not changed. The sentence is new with this 
 Convention. Your committee calls attention to the fact that there is 
 no similar provision in any other State Constitution. The Federal Con¬ 
 stitution provides in Section 4, Article IY, “The United States shall 
 guarantee to every state in this Union a Republican form of govern- 
 
19.21.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 333 
 
 mentThis section of the Federal Constitution has been little con¬ 
 strued. President Taft vetoed an act admitting Arizona to the Union 
 because the proposed Constitution of that State contained a provision 
 for the initiative and referendum. The President held that this pro¬ 
 vision in the Arizona Constitution violated the principles of a Republi¬ 
 can form of government. The state was afterwards admitted to the 
 Union without this provision in its Constitution, and after admission 
 amended its Constitution to adopt the initiative and referendum. The 
 phrase “Republican form of government” is an extremely vague one. 
 The presence of this provision in the Constitution will subject every 
 law altering in any degree the present form of government, to the 
 caprice of a court, since the court may declare that the law disrupts 
 the Republican form of government. 
 
 Report No. 10. 
 
 YOUR COMMITTEE OY PHRASEOLOGY A YD STYLE, TO 
 WHICH WAS REFERRED A PROPOSAL IY RELATIOY TO 
 THE PREAMBLE OF THE COYSTITUTIOY OF ILLINOIS 
 (INTRODUCTION YO. 375, REFERENCE YO. Id) \S 
 AMEYDED IY COMMITTEE OF THE WHOLE, RE¬ 
 SPECTFULLY REPORTS THAT IT HAS COYSIDERED 
 SUCH PROPOSAL AYD HEREWITH SETS FORTH IY 
 PARALLEL COLUMYS SAID PROPOSAL AS ADOPTED IY 
 COMMITTEE OF THE WHOLE OY THE LEFT, AYD A 
 SUBSTITUTE THEREFOR AS RECOMMENDED BY THIS 
 COMMITTEE OY THE RIGHT. 
 
 Resolved, That the following shall become a part of the Consti ¬ 
 tution of Illinois: 
 
 We, the people of the State of Illi¬ 
 nois—grateful to Almighty God for 
 the civil, political and religious 
 liberty which He hath so long per¬ 
 mitted us to enjoy, and looking to 
 Him for a blessing upon our endeav¬ 
 ors to secure and transmit the same 
 unimpaired to succeeding genera¬ 
 tions—in order to form a more per¬ 
 fect government, establish justice, 
 insure domestic tranquility, provide 
 for the common defense, promote 
 the general welfare, and secure the 
 blessings of liberty to ourselves and 
 our posterity; do ordain and estab¬ 
 lish this Constitution of the State 
 of Illinois. 
 
 We, the people of the State of Illi¬ 
 nois, grateful to Almighty God for 
 the civil, political and religious 
 • liberties which He hath so long per¬ 
 mitted us to enjoy, and looking to 
 Him for a blessing upon our endeav¬ 
 ors to secure and transmit them un¬ 
 impaired to succeeding generations, 
 in order to form a more perfect gov¬ 
 ernment, establish justice, insure 
 domestic tranquility, provide for the 
 common defense, promote the gen¬ 
 eral welfare, and secure the bless¬ 
 ings of liberty to ourselves and our 
 posterity, do ordain and establish 
 this Constitution of the State of Illi¬ 
 nois. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 Titos. Rinaker. 
 
 Charles B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 Committee on Phraseology and Style. 
 
334 
 
 JOURNAL OF TILE 
 
 [Sept, 6, 
 
 IN RE PROPOSAL NO. 375. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 375, being a Proposal in 
 relation to the PREAMBLE of the Constitution 
 
 of Illinois. 
 
 This proposal as revised is in tlie same form as the reference draft 
 
 except for three grammatical changes. 
 
 The nse of the dash in the reference draft to set off the clause be¬ 
 ginning “grateful to Almighty God”, etc., cannot be justified under 
 proper rules of punctuation. (Hill, “Foundations of Rhetoric”, p. 347.) 
 The comma has therefore been substituted for the dash. 
 
 The Preamble is made up of a single sentence which has for its 
 main clause the words “We, the people of the State of Illinois * * 
 do ordain and establish this Constitution of the State of Illinois”. In 
 the reference draft the sentence has its subject separated from its verb 
 by a semicolon. This error has been corrected in the proposal as revised. 
 
 The reference draft contains the words “the same” used as a pro¬ 
 noun. Attention has been called in previous reports of this Committee 
 to this prevalent but objectionable usage. The pronoun them has 
 been substituted for the words “the same”, and the word “liberty” has 
 been changed to the plural “liberties”, to make the grammatical con¬ 
 struction correct. 
 
 Report No. 11. 
 
 your committee on phraseology and style, to 
 
 WHICH WAS REFERRED A PROPOSAL ENTITLED REV¬ 
 ENUE (INTRODUCTION NO. 378, REFERENCE NO. 19) 
 AS AMENDED IN COMMITTEE OF THE WHOLE, RE¬ 
 SPECTFULLY REPORTS THAT IT HAS CONSIDERED 
 SUCH PROPOSAL AND HEREWITH SETS FORTH IN 
 PARALLEL COLUMNS SAID PROPOSAL AS ADOPTED IN 
 COMMITTEE OF THE WHOLE ON THE LEFT, AND A 
 SUBSTITUTE THEREFOR AS RECOMMENDED BY THIS 
 COMMITTEE ON THE RIGHT. 
 
 Resolved, That the following shall become a part of the Constitu¬ 
 
 tion of Illinois: 
 
 Section 1. The power of taxation 
 shall never be surrendered, suspend¬ 
 ed, or contracted away. All taxes 
 shall be levied and collected under 
 general law and for public purposes 
 only. The General Assembly shall 
 provide for the levy of taxes upon 
 property by valuation so that every 
 person and corporation shall pay a 
 tax in proportion to the value of his 
 or her or its property, such value to 
 be ascertained by some person or per¬ 
 sons to be elected or appointed in 
 
 Section 1. The power of taxation 
 shall never be surrendered or sus¬ 
 pended. Taxes shall be levied and 
 collected only under general laws 
 and for public purposes. 
 
 Section 3. (Part of Reference 
 Section 1.) Taxes on property by 
 valuation shall be in proportion to 
 its value. 
 
 Taxes on incomes may be progres¬ 
 sive but the highest rate sball not 
 exceed four times the lowest rate; 
 exemptions may be provided not to 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 335 
 
 such manner as the General Assem¬ 
 bly shall direct and not otherwise. 
 
 Taxes may be levied also on in¬ 
 comes; if the income tax be gradu¬ 
 ated and progressive the highest 
 rate shall not exceed four times the 
 lowest rate; and not exceeding $500 
 to a person not the head of a fam¬ 
 ily whose total net income is less 
 than $1,000 and not exceeding $1,000 
 to the head of a family whose total 
 net income is less than $2,000 may 
 he exempted from income tax. Taxes 
 levied by valuation upon property in 
 this State and paid shall be deducted 
 from the tax on income derived 
 therefrom by the person or corpor¬ 
 ation paying such property tax. 
 
 In lieu of any property tax there¬ 
 on, the General Assembly may pro¬ 
 vide a uniform tax on all income de¬ 
 rived from intangible property, in 
 which case the rate of such income 
 tax shall be a uniform, real and 
 substantial tax, and there shall be 
 no exemptions therefrom, except as 
 provided in Section 3 of this Article. 
 
 Taxes may also be levied on privi¬ 
 leges, franchises and occupations 
 uniform as to class. 
 
 The above specifications of the 
 objects and subjects of taxation shall 
 not deprive the General Assembly 
 of the power to require other ob¬ 
 jects or subjects to be taxed in such 
 manner as may be consistent with 
 the principles of taxation fixed in 
 this Constitution. 
 
 Section 2. The income tax here¬ 
 in authorized shall be levied and col¬ 
 lected by some State authority; all 
 income taxes collected from within 
 each county shall be apportioned and 
 divided between the State and the 
 county in the same proportion as 
 the real estate taxes extended with¬ 
 in the county for the same year are 
 divided between the State and the 
 county, and the income tax so ap¬ 
 portioned to any county shall be ap¬ 
 portioned and divided between the 
 county and all the taxing authori¬ 
 ties within the county, in the same 
 proportion as all the real estate taxes 
 extended within the county for the 
 same year are apportioned and di¬ 
 vided between the county and all the 
 taxing authovities within the county 
 for the same year. 
 
 exceed, (a) $500 to a person not the 
 head of a family whose total net in¬ 
 come is less than $1,000, and (b) 
 $1,000 to a person the head of a 
 family whose total net income is less 
 than $2,000; and taxes by valuation 
 paid on property in this State shall 
 be deducted from any tax on the in¬ 
 come derived from such property. 
 
 Taxes on privileges, franchises and 
 occupations shall be uniform as to 
 classes. 
 
 Taxes on the income derived from 
 intangible property may be levied in 
 lieu of any tax on such property by 
 valuation; but such taxes on income 
 shall be uniform and substantial and 
 there shall be no exemptions, there¬ 
 from. 
 
 Section 4. Taxes on income shall 
 be levied and collected only by the 
 State; and the proceeds thereof in 
 each county shall be apportioned be¬ 
 tween the State, the county and all 
 taxing authorities within the county 
 in the same ratio as the proceeds of 
 taxes on real estate in such county 
 are apportioned. 
 
JOURNAL, of tTi:l 
 
 [Sept. G, 
 
 ‘ > o / • 
 
 oob 
 
 Section 3. The property of the 
 State, counties and other municipal 
 corporations, both real and personal, 
 household furniture actually in use 
 as such to the extent of five hun¬ 
 dred dollars in value, and such other 
 property as may be used exclusively 
 for agricultural and horticultural so¬ 
 cieties, for incorporated societies of 
 war veterans, for school, religious, 
 cemetery and charitable purposes, in¬ 
 cluding parsonages owned and occu¬ 
 pied as such by religious organiza¬ 
 tions entitled to exemptions under 
 this section, may be exempted from 
 taxation, but such exemptions shall 
 be only by general law. In the as¬ 
 sessment of real estate incumbered 
 by public easement any depreciation 
 occasioned by such easement may 
 be deducted in the valuation of such 
 property. 
 
 Section 4. No sale of real estate 
 for delinquent taxes and special as¬ 
 sessments shall be made except upon 
 a judgment of a court of record af¬ 
 ter notice to the owner and not less 
 than two years shall be allowed the 
 owner and parties interested, to re¬ 
 deem from the sale and there shall 
 be no such sale except on applica¬ 
 tion of and conducted by the county 
 treasurer. But the Legislature may 
 provide for enforcing the lien of 
 such taxes or assessments by a pro¬ 
 ceeding in the nature of a foreclos¬ 
 ure in equity after the period of re¬ 
 demption has expired. 
 
 Section 5. The General Assembly 
 shall have no power to release or 
 discharge any county, city, township, 
 town or district whatever, or the 
 inhabitants thereof, or the property 
 therein, from their or its proportion¬ 
 ate share of taxes to be levied for 
 State purposes, nor shall commu¬ 
 tation for such taxes be authorized 
 in any form whatsoever. 
 
 Section 6. The General Assembly 
 may vest the corporate authorities 
 of cities, towns and villages and 
 park districts with power to make 
 local improvements by special as¬ 
 sessment, or by special taxation of 
 contiguous property, or otherwise. 
 
 Section 7. The General Assembly 
 shall not impose taxes by valuation 
 upon municipal corporations or the 
 inhabitants thereof or the property 
 therein for corporate purposes, but 
 
 Section 2. The following classes 
 of property may be relieved from 
 taxation by general law: (1) Pub¬ 
 lic property; (2) household furniture 
 used as such up to $500 in value; 
 and (3) property used exclusively 
 for, (a) agricultural or horticultural 
 societies, (b) incorporated societies 
 of war veterans, (c) schools, (d) 
 cemeteries, and (e) charitable or re¬ 
 ligious purposes, including parson¬ 
 ages owned and occupied as such. 
 
 Section 5. No sale of real estate 
 for delinquent taxes or special as¬ 
 sessments shall be made except upon 
 a judgment of a court of record after 
 notice to the owner. The County 
 Treasurer only shall apply for such 
 judgments and conduct such sales. 
 Not less than two years shall be al¬ 
 lowed the owner and other parties 
 interested to redeem from such sale; 
 but after such period of redemption 
 has expired the lien of the judgment 
 may be enforced by a proceeding in 
 the" nature of a foreclosure in equity. 
 
 Section 6. Taxes levied for State 
 purposes shall never be released, dis¬ 
 charged or commuted. 
 
 Section 7. The General Assembly 
 may vest cities, towns, villages and 
 park districts wuth power to make 
 local improvements by special as¬ 
 sessment or special taxation of con¬ 
 tiguous property or otherwise. 
 
 Section 8. The General Assembly 
 shall not impose taxes by valuation 
 in municipal corporations for cor¬ 
 porate purposes, but such taxes shall 
 be imposed only by the municipal 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 > Q r 
 
 >o 
 
 all municipal corporations shall be 
 required to levy and collect taxes 
 (but not taxes upon income) for the 
 payment of debts contracted under 
 authority of law, and shall be vested 
 with authority to levy and collect 
 taxes (but not taxes upon income) 
 for corporate purposes, within the 
 limits to be prescribed by law, con¬ 
 sistent with the principles of tax¬ 
 ation fixed in this Constitution. 
 Private property shall not be liable 
 to be taken or sold for tin payment ! 
 of the corporate debts of a munici¬ 
 pal corporation. 
 
 Section 8. Except as otherwise 
 provided in this Constitution, no 
 county, township, school district, or 
 other municipal corporation shall 
 become indebted to an amount in¬ 
 cluding existing indebtedness in the 
 aggregate exceeding five (5) per cent 
 of the value of the taxable property 
 within its • limits as ascertained by 
 the last assessment for State and 
 county taxes, previous to the incur¬ 
 ring of such indebtedness. Any 
 county, township, school district, or 
 municipal corporation incurring in¬ 
 debtedness shall before or at the 
 time of doing so, provide for the 
 collection of a direct annual tax, 
 sufficient to pay the interest on such 
 debt as it falls due and also to pay 
 and discharge the principal thereof 
 in equal annual installments within 
 twenty (20) years from the date of 
 contracting the same. 
 
 Section 9. For the purposes (or 
 any one or more of them) of acquir¬ 
 ing, constructing, owning, leasing, 
 maintaining and operating such in¬ 
 come-producing properties as it is 
 by law authorized to own or oper¬ 
 ate (or to own and operate) for the 
 supply of transportation, communi¬ 
 cation, light, heat, power, water (or 
 any of them), the General Assem¬ 
 bly may by general law authorize 
 any city to issue interest-bearing 
 bonds, in excess of any limitation of 
 indebtedness otherwise prescribed in 
 this Constitution, to an amount not 
 at any time exceeding in the aggre¬ 
 gate fifteen per centum on the full 
 value of the taxable real property 
 therein, to be ascertained by the 
 last assessment for State and county 
 purposes previous to the issuance of 
 such bonds. Any city issuing such 
 bonds shall, before or at the time 
 —22 C J 
 
 corporation. The General Assembly 
 however, shall require every munici¬ 
 pal corporation to impose taxes by 
 valuation for the payment of its 
 debts; and private property shall not 
 be liable therefor. 
 
 Section 9. Any county, township, 
 school district or other municipal 
 corporation may become indebted in 
 the aggregate, including its existing 
 debt, up to five per cent of the value 
 of the taxable property therein as 
 ascertained by the last assessment 
 for State and county taxes previous 
 to incurring the debt. At the time of 
 assuming any such debt the corpor¬ 
 ate body incurring it shall provide a 
 direct annual tax sufficient to pay 
 the interest on the debt and to pay 
 the principal thereof in equal annual 
 installments within twenty years. 
 
 Section 10. Cities may be author¬ 
 ized by general law to become in¬ 
 debted (in addition to any debt per¬ 
 mitted by the previous section) up 
 bo fifteen per cent of the full value 
 of the taxable real property therein 
 as ascertained by the last assessment 
 for State and county taxes previous 
 to incurring the debt; but any such 
 debt may be incurred only for ac¬ 
 quiring, leasing, constructing or 
 operating income producing property 
 for supplying transportation, com¬ 
 munication, light, heat power, or 
 water. 
 
 No such debt shall be incurred un¬ 
 less the proposition therefor is ap¬ 
 proved at an election in the city by 
 three-fifths of those voting on the 
 question. 
 
 At the time of incurring any such 
 debt the city shall provide a direct 
 annual tax sufficient to pay the in- 
 
JOURNAL OF THE 
 
 [Sept. G ? 
 
 QOO 
 
 ooo 
 
 of doing so, provide for the collec¬ 
 tion of a direct annual tax suffi¬ 
 cient to pay the interest thereon as 
 it falls due and also to pay and dis¬ 
 charge the principal thereof within 
 thirty years from the date thereof. 
 
 Section 10. Unless otherwise pro¬ 
 vided in the Act of any city, author¬ 
 izing the issuance of any bonds for 
 the purpose of financing any income- 
 producing public utility, such bonds 
 shall be held to be issued in excess 
 of the limitation prescribed by Sec¬ 
 tion 8 of this Article. Each issue 
 of bonds, or of other securities, by 
 any city, for the aforesaid purpose, 
 shall be payable in substantially 
 
 terest thereon and to pay the prin¬ 
 cipal thereof in equal annual install¬ 
 ments beginning not more than five 
 years and ending not more than 
 thirty years after the debt is in¬ 
 curred. 
 
 The city shall establish and main¬ 
 tain such rates or charges for the 
 service supplied by the property for 
 which the debt is incurred, as may 
 be necessary to provide at least suf¬ 
 ficient revenue to pay (a) the prin¬ 
 cipal and interest of the debt as they 
 accrue and (b) the cost of operation 
 and maintenance of the property, 
 including reserves, repairs and re¬ 
 newals necessary to keep it in first 
 class condition. Any tax payer of 
 the city shall have the right (which 
 shall not be exclusive in him) to 
 enforce the provisions of this para¬ 
 graph by appropriate proceedings in 
 the Circuit Court of the county. 
 
 At least four months before any 
 tax becomes collectible for paying 
 the principal or interest of any such 
 debt, the city shall deposit with its 
 treasurer out of the gross earnings 
 of the property for which the debt 
 was incurred, a sum equal (so far as 
 such earnings will go) to the amount 
 required to be raised by such tax. 
 The amount to be collected by such 
 tax at that time shall thereupon be 
 reduced by the amount of the sum 
 so deposited. Money so deposited 
 shall be used only to pay such prin¬ 
 cipal or interest. 
 
 Any city incurring a debt under 
 this section shall, in regard to the 
 property for wiiich the debt was in¬ 
 curred, conform to the requirements 
 for keeping accounts and for the 
 audit thereof and for making reports 
 that may be prescribed by law for 
 other persons or corporations own¬ 
 ing or operating like property. 
 
 The Circuit Court of the County 
 shall have jurisdiction to regulate 
 the service supplied by any such in¬ 
 come producing property. 
 
 (Combined with Section 10.) 
 
I 
 
 339 
 
 1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 equal annual installments of prin¬ 
 cipal and interest combined, begin¬ 
 ning not more than five years from 
 the date thereof. No such bonds or 
 other securities shall be issued until 
 the proposition therefor shall have 
 been consented to by a vote of three- 
 fifths of the legal voters of such city 
 voting upon the question. 
 
 Section 11. Any city issuing 
 bonds in excess of the limitation of 
 indebtedness prescribed by Section 8 
 of this Article, for the purpose o£ 
 financing any income-producing pub¬ 
 lic utility, shall, not less than four 
 months prior to the time when any 
 tax for the payment and discharge 
 of the principal of and interest on 
 such bonds, or of the principal of 
 and interest on any other indebted¬ 
 ness incurred for the _ purpose of 
 financing the same utility, shall by 
 law become collectible, deposit, or 
 cause to be deposited, with the treas¬ 
 urer thereof, out of the gross earn¬ 
 ings of the utility for the financing 
 of which indebtedness to be dis¬ 
 charged by such tax was incurred, a 
 sum equivalent in amount to such 
 tax, the funds so deposited to be 
 used solely for the purpose of paying 
 and discharging such indebtedness, 
 both as to principal and interest, as 
 the same falls due. To the extent 
 that funds to be used for the pay¬ 
 ment of any such indebtedness, as to 
 either principal or interest, shall be 
 deposited with the treasurer of any 
 such city prior to the collection of 
 such tax, such tax shall not be col¬ 
 lected, but mo subsequent loss or mis¬ 
 appropriation of the funds so de¬ 
 posited shall relieve such city of its 
 liability to pay such indebtedness. 
 Any city owning or operating any 
 public utility shall conform to all 
 requirements with respect to the 
 keeping of accounts and the audit 
 thereof and to the making of reports 
 that shall be prescribed by law with 
 respect to such matters for any other 
 persons or corporations owning or 
 operating a like utility. Any city 
 issuing bonds in excess of the limi¬ 
 tation of indebtedness prescribed by 
 Section 8 of this Article, for the pur¬ 
 pose of financing any income-pro¬ 
 ducing public utility, shall thereafter 
 (irrespective of the subsequent amor¬ 
 tization of the debt evidenced by 
 any bonds or other securities what¬ 
 soever, issued for the financing of 
 
 (Combined with Section 10.) 
 
 • i ■ 
 
340 
 
 JOURNAL OF THE 
 
 [Sept. 6 ? 
 
 such utility) establish and maintain 
 such rates or charges for the service 
 supplied as are necessary to provide 
 sufficient revenue (in addition to 
 amounts required for the payment of 
 the principal of and interest on all 
 outstanding bonded or other indebt¬ 
 edness incurred for the financing of 
 such utility) to pay and discharge 
 at least all costs and expenses in¬ 
 volved in or incidental to the own¬ 
 ership, operation, and maintenance 
 of such utility, including expendi¬ 
 tures and reserves for repairs and 
 renewals necessary to maintain the 
 properties in first class condition in 
 every respect at all times. 
 
 The provisions of this section and 
 of Sections 8, 9 and 10 of this Article, 
 except as otherwise provided herein, 
 shall be self executing, but laws not 
 in conflict therewith may be passed 
 to facilitate their operation. Any 
 taxpayer of any city owning or oper¬ 
 ating any such utility shall have the 
 right to enforce all provisions of said 
 sections by appropriate proceedings 
 in any court of competent jurisdic¬ 
 tion, but the right of such taxpayer 
 with respect to the enforcement 
 thereof shall not be exclusive. It 
 shall be the duty of courts of general 
 jurisdiction to enforce all such pro¬ 
 visions and for such purpose they 
 shall have all necessary powers, in¬ 
 cluding the power to control and 
 regulate the service supplied by any 
 such utility. 
 
 Section 12. No municipal corpor¬ 
 ation shall incur any debt for ac¬ 
 quiring, constructing or operating 
 any income-producing property for 
 the supply of transportation, com¬ 
 munication, light, heat, power, or 
 water, unless such debt shall be 
 authorized and provision for the 
 payment thereof and interest there¬ 
 on be made as in Sections 9, 10 and 
 11 of this article. 
 
 Section 11. The provisions of the 
 previous section (except the provis¬ 
 ion authorizing an increased debt 
 limit for cities) shall govern any 
 municipal corporation which here¬ 
 after incurs a debt for financing any 
 income producing property. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 Thos. Rixaker. 
 
 Charles B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 Committee on Phraseology and Style. 
 
1921.] 
 
 CONSTITUTIONAL C 0 X V E X T10 X. 
 
 341 
 
 IN RE PROPOSAL NO. 378. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 378, being a Proposal 
 
 Entitled Revenue. 
 
 The various sections of the reference draft, as revised, in most re¬ 
 spects speak for themselves. There are, however, a few matters which 
 should be called to the attention of the Convention in order that they 
 may not be overlooked. 
 
 In Section 8 of the reference draft the phrase “including existing 
 indebtedness” comes from Section 12, Article IX, of the present 
 Constitution. Fifty r years ago that phrase was sufficient to cover the 
 meaning intended. Since that time, however, the practice of organizing 
 municipal corporations, such as park districts, drainage districts, forest 
 preserves, etc., within the area of existing counties, townships or cities, 
 has grown up. The question therefore arises as to what debt limit is 
 permitted in such cases. Does each debt-incurring body have a five per 
 cent limit without regard to the debt of the county or city in which it is 
 organized? Or does the section prevent “overlapping” of these debt 
 incurring bodies? If the latter is the intention of the Convention, the 
 clause above quoted should be amplified to meet the contingency here 
 suggested. This may be done by putting the provision in some such 
 form as: 
 
 “* * * including its existing debt and the existing debt 
 of any area lying wholly or partly within it * * 
 
 Under the provisions of Section 8 of the reference draft, any debt 
 which is incurred is required to be paid off “in equal annual installments 
 within twenty years”. The purpose of this provision is to require a 
 systematic method for financing the debt. As the provision is worded, 
 however, it might be construed to prevent payment of the debt in ad¬ 
 vance. Thus a city might incur a debt and provide for its payment in 
 “equal annual installments” during fifteen years. At the end of ten 
 years the city might desire to pay off the entire balance of the debt then 
 due. In view of the words “equal annual installments” this might be 
 difficult, because bond holders or other persons interested could probably 
 insist on having their bonds run for the full period of the loan. Ac¬ 
 cordingly it is suggested that a provision be added to the section which 
 would permit the city to anticipate payment of any loan. Such a pro¬ 
 vision might be worded as follows: 
 
 “But any part of such debt may be paid in advance.” 
 
 In Section 9 of the reference draft the city is required to provide 
 a direct annual tax sufficient to pay the debt “within thirty years from 
 the date thereof”. Here again the question just discussed becomes perti¬ 
 nent. The city should have the right to pay the debt in advance if it 
 is to the interest of the city to do that. Accordingly a provision similar 
 to the one just quoted should also be add^d to this section. 
 
 Sections 9, 10 and 11 of the reference draft are all concerned with 
 a single subject-matter, namely, limitations on a city which proposes to 
 finance income producing property for public utility purposes. The 
 
342 
 
 JOURNAL OF TFIE 
 
 [Sept. 6, 
 
 three sections of the reference draft have accordingly been consolidated 
 into a single section in the proposal as revised. 
 
 Finally attention shonld be called to the fact that these three sec¬ 
 tions of the reference draft provide a method by which a city may go 
 into the business of owning or operating public utilities; hut nowhere 
 in the three sections is there any provision authorizing the city to go 
 out of the business in the event it proves. unprofitable. When bonds 
 for such a purpose have been issued by any city, a contract exists between 
 the bond holders and the city. The right of the city to withdraw from 
 the business and turn it hack to private management or ownership might 
 he denied, unless some constitutional provision specifically appears 
 authorizing the city to take such action. Accordingly it is suggested 
 that some provision like the following be added to this proposal. 
 
 “Any such income producing property may be disposed of by 
 
 the city as provided by law.” 
 
 Report No. 12. 
 
 YOUR COMMITTEE ON PHRASEOLOGY AND STYLE, TO 
 WHICH WAS REFERRED A PROPOSAL RELATIVE TO 
 THE LEGISLATIVE DEPARTMENT (INTRODUCTION NO. 
 366 . REFERENCE NO. 12) AS AMENDED IN COM¬ 
 MITTEE OF THE WHOLE, RESPECTFULLY REPORTS 
 TH4T IT HAS CONSIDERED SUCH PROPOSAL AND 
 HEREWITH SETS FORTH IN PARALLEL COLUMNS SAID 
 PROPOSAL AS ADOPTED IN COMMITTEE OF THE 
 WHOLE ON THE LEFT, AND A SUBSTITUTE THERE¬ 
 FOR AS RECOMMENDED BY THIS COMMITTEE ON THE 
 
 RIGHT. 
 
 Resolved, That the following 
 tion of Illinois: 
 
 Section 1. The legislative power 
 shall be vested in a General Assem¬ 
 bly, which shall consist of a Senate 
 and House of Representatives, both 
 to be elected by the people. 
 
 Section 2. Election. An election 
 for members of the General Assem¬ 
 bly shall be held on the Tuesday 
 next after the first Monday in No¬ 
 vember, in the year of our Lord one 
 thousand nine hundred and twenty- 
 two, and every two years thereafter, 
 in each county, at such places there¬ 
 in as may be provided by law. When 
 vacancies occur in either House, the 
 Governor, or person exercising the 
 powers of the Governor, shall issue 
 writs of election to fill such vacan¬ 
 cies. 
 
 shall become a part of the Constitu - 
 
 Section 1. The legislative power 
 shall be vested in a General Assem¬ 
 bly consisting of a Senate and a 
 House of Representatives. 
 
 Section 2. Senators shall be elect¬ 
 ed for terms of four years and Rep¬ 
 resentatives for terms of two years. 
 Vacancies shall be filled by special 
 elections called by the Governor. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 343 
 
 Eligibility and Oath. 
 
 Section 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 be a Senator or Rep¬ 
 resentative who shall not be a citi¬ 
 zen 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 territory form¬ 
 ing 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 rev¬ 
 enue, member of either House of 
 Congress, or person holding any luc¬ 
 rative office under the United States 
 or this State, or any foreign govern¬ 
 ment, shall have a seat in the Gen¬ 
 eral Assembly: Provided, that ap¬ 
 pointments in the militia, and the 
 offices of notary public and justice 
 of the peace, shall not be considered 
 lucrative. Nor shall any person, 
 holding any office of honor or profit, 
 under any foreign government, or 
 under the government of the United 
 States (except postmasters whose 
 annual compensation does not exceed 
 the sum of $300), hold any office of 
 honor or profit under the authority 
 of this State. 
 
 Section 4. No person who has 
 been, or hereafter shall be, convicted 
 of bribery, perjury, or other in¬ 
 famous crime, nor any person who 
 has been or may be collector or 
 holder of public moneys, who shall 
 not have accounted for and paid 
 over, according to law, all such 
 moneys due from him, shall be eligi¬ 
 ble to the General Assembly, or to 
 any office of profit or trust in this 
 State. 
 
 Section 5. Members of the Gen¬ 
 eral Assembly, before they enter 
 upon their official duties, shall take 
 and subscribe the following oath or 
 affirmation: 
 
 I do solemnly swear (or affirm) 
 that I will support the Constitution 
 of the United States, and the Con- 
 
 Section 3. Senators shall be at 
 least twenty-five and Representatives 
 at least twenty-one years of age. No 
 person shall be a member of the 
 General Assembly who holds any 
 other lucrative public office or em¬ 
 ployment (except as a militia offi¬ 
 cer, Justice of the Peace or Notary 
 Public), or is not a citizen of the 
 United States, or has not resided 
 for five years in the State and for 
 two years next before his election 
 in his district. 
 
 (The last sentence of this Section 
 has been transferred to the next Sec¬ 
 tion.) 
 
 Section 4. No office in this State, 
 or in any subdivision thereof, or in 
 any municipal corporation, shall be 
 held by any person: 
 
 Who has been convicted of bribery, 
 perjury or other infamous crime; 
 
 Who is in default as collector or 
 holder of public money; or 
 
 Who holds an office under the 
 United States government (except 
 postmasters whose annual compen¬ 
 sation does not exceed $300), or 
 under a foreign government. 
 
 (Note: This section should be 
 transferred to a general article on 
 OFFICERS.) 
 
 Section 5. Prior to entering upon 
 their duties, Senators and Repre¬ 
 sentatives, in their respective halls, 
 shall take and subscribe the follow¬ 
 ing oath before a Judge of the Su¬ 
 preme or the Circuit Court: 
 
 I do solemnly swear (or affirm) 
 that I will support the Constitution 
 
JOURNAL OF THE 
 
 | Sept, fi, 
 
 344 
 
 stitution of the State of Illinois, and 
 will faithfully discharge the duties 
 of Senator (or Representative) ac¬ 
 cording to the best of my ability; 
 and that I have not, knowingly or 
 intentionally, paid or contributed 
 anything, or made anv promise, in 
 the nature of a bribe, to directly or 
 indirectly influence any vote at the 
 election at which I was chosen to 
 fill the said office, and have not ac¬ 
 cepted, nor will I accept or receive, 
 directly or indirectly, any money or 
 ether valuable thing, from any cor¬ 
 poration, company or person, for any 
 vote or influence I may give or with¬ 
 hold on any bill, resolution or appro¬ 
 priation, 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 pre¬ 
 scribed, shall forfeit his office, and 
 every member who shall be con¬ 
 victed of having sworn falsely to or 
 of violating his said oath, shall for¬ 
 feit his office, and be disqualified 
 thereafter from holding any office ot 
 profit or trust in this State. 
 
 Section 6. The General Assembly 
 shall apportion the State every 
 twelve years, beginning with the 
 year one thousand nine hundred and 
 twenty-one, into fifty-seven Sena¬ 
 torial Districts, each of which shall 
 elect one Senator whose term of 
 office shall be four years, and the 
 basis of senatorial apportionment 
 shall be the number of electors who 
 voted for Governor at the last re¬ 
 gular election at which a Governor 
 was elected previous to the appor- 
 tionment. 
 
 The territory now constituting the 
 County of Cook shall be divided by 
 the General Assembly into nineteen 
 Senatorial Districts, and the number 
 of such electors in that territory 
 shall be divided by the number nine¬ 
 teen and the quotient shall be the 
 ratio of representation in the Sen¬ 
 ate for that territory. 
 
 The territory now constituting the 
 remainder of the State shall be 
 divided by the General Assembly in¬ 
 to thirty-eight Senatorial Districts, 
 
 of the United States and the Consti¬ 
 tution of this State; that I will faith¬ 
 fully discharge the duties of Sen¬ 
 ator (or Representative) to the best 
 of my ability; that I have not con¬ 
 tributed or promised anything in the 
 nature of a brieb for any vote at my. 
 election; and that I have not re¬ 
 ceived and will not receive anything 
 of value for my influence or vote or 
 for any other official act. 
 
 The Secretary of State shall file 
 the oaths as subscribed. 
 
 (No change suggested at this time.) 
 
1921.] 
 
 CONSTIT UT JON A I. COX YEN TIO X. 
 
 O t ~ 
 
 and the number of such electors in 
 that territory shall be divided by the 
 number thirty-eight and the quotient 
 shall be the ratio of representation 
 in the Senate for that territory. 
 
 When a county contains two or 
 more ratios of its territory it shall 
 be divided by the General Assembly 
 into as many Senatorial Districts as 
 it has such ratios. Districts in 
 counties so divided shall be bounded 
 by precinct or ward lines; all other 
 Senatorial Districts shall be bounded 
 by county lines. 
 
 All Senatorial Districts shall be 
 formed of compact and contiguous 
 territory, and the districts in each 
 territory shall contain as nearly as 
 practicable an equal number of such 
 electors, but in no case less than 
 four-fifths of the ratio for that terri¬ 
 tory. 
 
 Senators shall be so elected that 
 the term of those now in office shall 
 not be disturbed. They shall be di¬ 
 vided into two classes so that one- 
 half as nearly as practicable shall 
 be chosen biennally. 
 
 Section 7. The General Assembly 
 shall apportion the State every 
 twelve years, beginning with the 
 year one thousand nine hundred and 
 twenty-one, into one hundred and 
 fifty-three representative districts, 
 each of which shall elect one Repre¬ 
 sentative whose term of office shall 
 be two years, and the basis of repre¬ 
 sentative apportionment shall be the 
 number of electors who voted for 
 Governor at the last regular election 
 at which a Governor was elected, 
 previous to the apportionment. 
 
 Representative districts shall be 
 formed of contiguous and compact 
 territory, bounded by county lines, 
 or, in the case of counties entitled 
 to more than one Representative, by 
 precinct or ward lines, and shall con¬ 
 tain as nearly as practicable an equal 
 number of electors; out no district 
 shall contain less than four-fifths of 
 the representative ratio. 
 
 Counties containing not less than 
 the ratio and four-fifths may be di¬ 
 vided into separate districts and 
 shall be entitled to two Representa¬ 
 tives, and to one additional Repre¬ 
 sentative for each number of elecs 
 tors, equal to the ratio contained by 
 
 
 (No change suggested at this time.) 
 
 % 
 
JOURNAL OF THE 
 
 [Sept. 6, 
 
 346 
 
 such counties in excess of twice the 
 number of said ratio. 
 
 The territory of any county as 
 continued at the time of the adop¬ 
 tion of this Constitution shall never 
 be entitled to more than seventy- 
 six Representatives. 
 
 Section 8. In case the General 
 Assembly fail to make an apportion* 
 ment, at its first session following 
 the time fixed in this Constitution 
 for making any such apportionment, 
 it shall be the duty of the Secretary 
 of State, Auditor of Public Accounts, 
 and Attorney General to meet at the 
 office of the Governor and make an 
 apportionment in accordance here¬ 
 with within ninety days after the 
 adjournment. 
 
 Time of Meeting and General 
 Rules. 
 
 Section 9. The sessions of the 
 General Assembly shall commence 
 at 12 o’clock noon, on the Wednes¬ 
 day next after the first Monday in 
 January, in the year next ensuing 
 the election of members thereof, and 
 at no other time, unless as provided 
 by this 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 qualifica¬ 
 tions of its members; shall choose 
 its own officers; and the Senate shall 
 choose a temporary president to pre¬ 
 side when the Lieutenant Governor 
 shall not attend as president or shall 
 act as Governor. The Secretary of 
 State shall call the House of Repre> 
 sentatives to order at the opening 
 of each new assembly, and preside 
 over it until a temporary presiding 
 officer thereof shall have been chosen 
 and shall have taken his seat. No 
 member shall be expelled by either 
 House except by a vote of two-thirds 
 of all the members elected to that 
 House, 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 disrespect to the House 
 by disorderly or contemptuous be¬ 
 havior in its presence. But no such 
 imprisonment shall extend beyond 
 twenty-four hours at one time, unless 
 the person shall persist in such dis¬ 
 orderly or contemptuous behavior. 
 
 (No change suggested at this time.) 
 
 Section 9. The General Assembly 
 shall convene at noon on Wednesday 
 after the first Monday in January 
 in odd numbered years. The Secre¬ 
 tary of State shall preside over the 
 House of Representatives until a 
 temporary presiding officer is chosen, 
 who shall preside until a Speaker 
 is chosen. The Lieutenant Gover¬ 
 nor shall preside over the Senate and 
 may vote in case of tie. The Sen¬ 
 ate shall choose a President to pre¬ 
 side during the absence or pending 
 the impeachment of the Lieutenant 
 Governor, or while he acts as Gover¬ 
 nor. 
 
 A majority of the members elected 
 to each House shall constitute a 
 quorum. Each House shall deter¬ 
 mine its rules, choOse its temporary 
 and permanent officers, and judge the 
 election and qualification of its 
 members. Each House may punish, 
 by imprisonment not exceeding 
 twenty-four hours (unless the offense 
 is persisted in), any person not a 
 member guilty of disorderly or con¬ 
 temptuous behavior in its presence; 
 and by a two-thirds vote of those 
 elected, and once only for the same 
 offense, may expel a member. 
 
 (This section incorporates Section 
 18 of the EXECUTIVE ARTICLE.) 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 347 
 
 Ref. No. 9, Intr. No. 369. 
 
 A Proposal entitled Executive 
 Department. 
 
 Section 18. The Lieutenant Gov¬ 
 ernor shall be president of the Sen- • 
 ate, and shall vote only when the 
 Senate is equally divided. The Sen¬ 
 ate shall choose a president pro tem¬ 
 pore, to preside in case of the absence 
 or impeachment of the Lieutenant 
 Governor, or when he shall hold the 
 office of Governor. 
 
 Section 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 
 three days, or to any other place 
 than that in which the two Houses 
 shall be sitting. Each House shall 
 keep a journal of its proceedings, 
 which shall be published. In the 
 Senate, at the request of two mem¬ 
 bers, and in the House at the request 
 of five members, the yeas and nays 
 shall be taken on any question, and 
 entered upon the journal. Any two 
 members of either house shall have 
 liberty to dissent from and protest, 
 in respectful language, against any 
 act or resolution which they think 
 injurious to the public or to any in¬ 
 dividual, and have the reasons of 
 their dissent entered upon the jour¬ 
 nals. 
 
 Style of Laws and Passage of Bills. 
 
 Section 11. The style of the laws 
 of this State shall be: “Be it en¬ 
 acted by the People of the State ot 
 Illinois, represented in the General 
 Assembly.” 
 
 Section 12. Bills may originate 
 in either House, but may be altered, 
 amended or rejected by the other; 
 and on the final passage of all bills, 
 the vote shall be by yeas and nays, 
 upon each bill separately, and shall 
 be entered upon the journal; and no 
 bill shall become a law without the 
 concurrence of a majority of the 
 members elected to each House. 
 
 Section 13. Every bill shall be 
 read by title on three different days 
 in each House, but the rules of either 
 House may provide for the reading 
 of bills at greater length on second 
 
 (See Section 9 above.) 
 
 Section 10. The doors of each 
 House and of Committees of the 
 Whole shall be open, except when, 
 in the opinion of the House, secrecy 
 is required. Neither House, with¬ 
 out the consent of the other, shall 
 change its place of sitting or ad¬ 
 journ for more than three days. Each 
 House shall keep and publish a jour¬ 
 nal of its proceedings. Two mem¬ 
 bers of the Senate or five members 
 of the House may have the yeas and 
 nays taken on any question and en¬ 
 tered upon the journal. Two mem¬ 
 bers of either House may have en¬ 
 tered upon the journal in respectful 
 language the reasons for their dis¬ 
 sent from or protest against any act 
 or resolution. 
 
 Section 11. The enacting clause 
 of laws shall be: Be it enacted by 
 the people of the State of Illinois, 
 represented in the General Assem¬ 
 bly. 
 
 Section 12. Bills may be origi¬ 
 nated, amended or rejected in either 
 House. No bill shall become law 
 unless on final passage in each House 
 a majority of the elected members 
 concur by yea and nay vote, which 
 shall be taken separately on each 
 bill and entered in the journals. 
 
 Section 13. Every bill shall be 
 read by title or at greater length 
 on three different days in each 
 House; shall be printed, with all 
 amendments except an amendment 
 
JOURNAL OF THE 
 
 [Sept. 6. 
 
 o 
 
 O 
 
 48 
 
 or third reading. The bill and all 
 amendments thereto, except amend¬ 
 ments striking out the emergency 
 clause, shall be printed before the 
 vote is taken on its final passage; 
 and every bill, having passed both 
 Houses, shall be signed by the pre¬ 
 siding officers thereof. No act here¬ 
 after passed shall embrace more than 
 one subject, and that shall be ex¬ 
 pressed in the title, but if any sub¬ 
 ject shall be embraced in an act 
 which shall not be expressed in the 
 title, such act shall be void only as 
 to so much thereof as shall not be 
 so expressed. No act shall be re¬ 
 vived by reference to its title only. 
 Any act expressly purporting to 
 amend a section or sections of an 
 earlier law, shall set forth at length 
 the section or sections as amended. 
 Appropriation Acts shall not take 
 effect until the first day of July next 
 after their enactment, nor other acts 
 until sixty days after the adjourn¬ 
 ment of the session of the General 
 Assembly at which they are enacted, 
 unless, in case of emergency (which 
 emergency shall be expressed in the 
 body of the act), the General As¬ 
 sembly shall, by a vote of two-thirds 
 of all the members elected to each 
 House, otherwise direct. 
 
 Privileges and Disabilities. 
 
 Section 14. Senators and Repre¬ 
 sentatives shall, in all cases, except 
 treason, felony or breach of the 
 peace, be privileged from arrest dur¬ 
 ing the session of the General As¬ 
 sembly, and in going to and return¬ 
 ing from the same; and for any 
 speech or debate in either House, 
 they shall not be questioned in any 
 other place. 
 
 Section 15. No person elected to 
 the General Assembly shall receive 
 any civil appointment within this 
 State from the Governor, the Gover¬ 
 nor and Senate, or from the General 
 Assembly, during the term for which 
 he shall have been elected; and all 
 such appointments and all votes 
 given for any such members for any 
 such office or appointment, shall be 
 void. 
 
 striking out the emergency clause, 
 before final passage; and when 
 passed by both Houses shall be 
 signed by their presiding officers and 
 the fact of signing entered upon the 
 journals. 
 
 No act hereafter passed shall em¬ 
 brace more than one subject and 
 that shall be expressed in the title; 
 but any act embracing a subject not 
 expressed in the title shall be void 
 only as to such subject. No act shall 
 be revived by reference to its title 
 only. An act expressly amending an 
 act shall set forth at length the sec¬ 
 tion or sections as amended. 
 
 No appropriation act shall take 
 effect until the first day of July sue* 
 ceeding its enactment, and no other 
 act shall take effect until sixty days 
 after the adjournment of the session 
 at which it was enacted; but in case 
 of emergency (which shall be ex¬ 
 pressed in the body of the act), the 
 General Assembly may direct other¬ 
 wise, by a vote of two-thirds of the 
 members elected to each House. 
 
 Section 14. Except for treason, 
 felony or breach of the peace, Sen¬ 
 ators and Representatives shall be 
 privileged from arrest while going 
 to, attending or returning from ses¬ 
 sions of the General Assembly; and 
 for any speech in either House they 
 shall not be questioned elsewhere. 
 
 Section 15. No person elected to 
 the General Assembly shall receive 
 any civil appointment from the Gov¬ 
 ernor during the term for which he 
 is elected. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 3-19 
 
 Public Moneys and Appropriations. 
 
 Section 16. The General Assembly 
 shall make no appropriation of 
 money out of the treasury in any 
 private law. Bills making appropria¬ 
 tions for the pay of members, officers 
 and employes of the General As¬ 
 sembly shall contain no provision on 
 any other subject. 
 
 Section 17. No money shall be 
 drawn from the treasury except in 
 pursuance of an appropriation made 
 by law, and on the presentation of 
 a warrant issued by the Auditor 
 thereon; and no money shall be di¬ 
 verted from any appropriation made 
 for any purpose, or taken from any 
 fund whatever, either by joint or 
 separate resolution. The Auditor 
 shall, within 60 days after the ad¬ 
 journment of each session of the 
 General Assembly, prepare and pub¬ 
 lish a full statement of all money 
 expended at such 'session, specifying 
 the amount of each item, and to 
 whom and for what paid. 
 
 Section 18. Each General Assem¬ 
 bly shall provide for all the appro¬ 
 priations necessary for the ordinary 
 and contingent expenses of the gov¬ 
 ernment for the fiscal period begin¬ 
 ning the first day of July of the 
 year in which such General Assem¬ 
 bly convenes, and ending upon the 
 thirtieth day of June in the second 
 year thereafter, the aggregate 
 amount of which shall not be in¬ 
 creased 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. All appropria- 
 tions for expenditures in any bien¬ 
 nial appropriation period, shall be 
 available only to meet obligations In. 
 curred before the June 30 which ends 
 such appropriation period. The 
 General Assembly, however, may 
 authorize the payment of obligations 
 incurred on or before such June 30 
 during a three months period fol¬ 
 lowing that date, but shall have no 
 authority to continue such appro¬ 
 priations for any other purpose or 
 for any longer period. 
 
 The State may, to meet casual def¬ 
 icits or failures in revenues, con- 
 
 Section 16. Appropriation bills to 
 pay members, officers and employes 
 of the Genera] Assembly shall contain 
 no provision on any other subject. 
 
 The Auditor shall publish within 
 sixty days after the adjournment of 
 each session of the General Assembly 
 a statement of the expenses of such 
 session specifying the amount of 
 each item and to whom and for w T hat 
 paid. 
 
 Section 17. No money shall be 
 drawn from the Treasury except 
 under an appropriation made by law 
 and on presentation of a warrant 
 issued by the Auditor. 
 
 Section 18. Each General Assem¬ 
 bly shall make appropriations for 
 the expenses of the government for 
 a period of two years from the first 
 day of July of the year in which it 
 ! convenes. After such appropriations 
 have been made the aggregate 
 amount thereof shall not be in- 
 i creased except by a vote of two-thirds 
 of the members elected to each 
 House. 
 
 All appropriations for any such 
 two year period shall end with the 
 period, except that obligations in- 
 curred during the period may be 
 paid within three months thereafter. 
 
 All appropriation bills shall be 
 itemized and shall specify the ob¬ 
 jects and purposes for which the 
 items are appropriated. 
 
 Section isy 2 . The State may con¬ 
 tract debts: 
 
 1. For meeting casual deficits in 
 revenue up to one million dollars. 
 
 2. For defense in war, for sup¬ 
 pressing insurrection or repelling in¬ 
 vasion. 
 
 3. For the deep waterway as pro¬ 
 vided in this Constitution. 
 
 Money so borrowed shajl be ap¬ 
 plied only to the purposes for which 
 
350 
 
 JOURNAL OF THE 
 
 tract debts, never to exceed in the | 
 aggregate one million dollars; and 
 moneys thus borrowed shall he ap¬ 
 plied to the purpose for which they 
 were obtained, or to pay the debt 
 thus created, and to no other pur¬ 
 pose; and no other debt, except for 
 the purpose of repelling invasion, 
 suppressing insurrection, or defend¬ 
 ing the State in war (for payment 
 of which the faith of the State shall 
 be pledged), shall be contracted, un¬ 
 less the law authorizing the same 
 shall, at a general election, have 
 been submitted to the people and 
 have received a majority of the total 
 number of votes cast at such elec¬ 
 tion. The General Assembly shall 
 provide for the publication of said 
 law for three months, at least, be¬ 
 fore the vote of the people shall be 
 taken upon the same; and provision 
 shall be made, at the time, for the 
 payment of the interest annually, 
 as it shall accrue, by a tax levied 
 for the purpose, or from other 
 sources of revenue; which law, pro¬ 
 viding for the payment of such in¬ 
 terest by such tax, shall be irrepeal- 
 able until such debt be paid: Pro¬ 
 vided, that the law levying the tax 
 shall be submitted to the people with 
 the law authorizing the debt to be 
 contracted. 
 
 Section 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 agree¬ 
 ment or contract made without ex¬ 
 press authority of law; and all such 
 unauthorized agreements or contracts 
 shall be null and void: Provided, 
 the General Assembly may make ap¬ 
 propriations for expenditures in¬ 
 curred in suppressing insurrection 
 or repelling invasion. 
 
 Section 20. The State shall never 
 pay, assume or become responsible 
 for the debts or liabilities of, or hi 
 any manner give, loan or extend its 
 credit to, or in aid of, any public or 
 other corporation, association or in¬ 
 dividual. 
 
 it is obtained or for the payment of 
 the debts thus created. 
 
 No other debt shall be contracted 
 by the State unless the law author¬ 
 izing it is approved by a majority 
 of those voting at a general election. 
 Any such law shall be published for 
 at least three months before the elec¬ 
 tion. Provision shall be made when 
 the debt is contracted for the an¬ 
 nual payment of interest either by 
 a tax to be levied for the purpose 
 or by setting aside other revenues. 
 Any law providing for such tax shall 
 be submitted to the people with the 
 law authorizing the debt, and if ap¬ 
 proved shall be irrepealable until the 
 debt is paid. 
 
 Section 19. No extra compensa 
 tion or allowance shall be given by 
 law to any public officer, employe 
 or contractor after service has been 
 rendered or contract made. Claims 
 against the State under agreements 
 made without express authority of 
 | law shall be void, except claims for 
 expense incurred for defense in w T ar, 
 1 for suppressing insurrection or re¬ 
 pelling invasion. 
 
 Section 20. Except as otherwise 
 provided in this Constitution, the 
 money or credit of the State shall 
 never be used in aid of any public 
 or private corporation, association 
 or individual. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 351 
 
 Pay of Members. 
 
 Section 21. Until otherwise pre¬ 
 scribed by law, the members of the 
 General Assemoly shall receive such 
 compensation and mileage as are 
 now paid. No change shall be made 
 in the compensation or mileage of 
 members of the General Assembly 
 during the term for which they may 
 have been elected, and no member 
 shall receive any other allowance or 
 emolument, directly or indirectly, 
 for any purpose whatever. The pay 
 and mileage allowed to each member 
 of the General Assembly shall be 
 certified by the presiding officers of 
 their respective houses and entered 
 on the journals, and published at the 
 close of each session. 
 
 Section 22. The General Assembly 
 shall not pass local or special laws 
 in any of the following enumerated 
 cases, that is to say: for— 
 
 Granting divorces; 
 
 Changing the names of persons or 
 places; 
 
 Laying out, opening, altering and 
 working roads or highways; 
 
 Vacating roads, town plats, streets, 
 alleys and public grounds; 
 
 Locating or changing county'seats; 
 
 Regulating county and township 
 affairs; 
 
 Regulating the practice in courts 
 of justice; 
 
 Regulating the jurisdiction and 
 duties of justices of the peace, police 
 magistrates and constables; 
 
 Providing for changes of venue in 
 civil and criminal cases; 
 
 Incorporating cities, towns or vil¬ 
 lages, or changing or amending the 
 charter of any town, city or village; 
 
 Providing for the election of mem¬ 
 bers of the board of supervisors in 
 townships, incorporated towns or 
 cities; 
 
 Summoning and impaneling grand 
 or petit juries; 
 
 Providing for the management of 
 common schools; 
 
 Regulating the rate of interest on 
 money; 
 
 The opening and- conducting of any 
 election, or designating the place of 
 
 voting; 
 
 Section 21. The pay and mileage 
 allowed each Senator and Represent¬ 
 ative shall be certified by the pre¬ 
 siding officers of their respective 
 Houses and published in the jour¬ 
 nals; and no Senator or Represent¬ 
 ative shall receive any other com¬ 
 pensation or allowance. 
 
 Section 21 y 2 . No public officer 
 shall have his compensation in¬ 
 creased or diminished during his 
 term. 
 
 (Note: This is suggested as a 
 section in the Article on OFFICERS, 
 as a substitute for the following pro¬ 
 visions in the present Constitution: 
 
 Last part of Section 21, Article IV. 
 
 Part of Section 23, Article V. 
 
 Section 7, Article VI. 
 
 Section 16, Article VI. 
 
 Section 25, Article VI. 
 
 Section 11, Article IX. 
 
 Section 10, Article X.) 
 
 Section 22. No local or special 
 law shall: 
 
 Grant divorces; 
 
 Change the names of persons and 
 places; 
 
 Provide for opening, altering or 
 working public highways; 
 
 Vacate highways, public grounds, 
 or town plats. 
 
 Regulate county or township af¬ 
 fairs; 
 
 Regulate the organization, juris¬ 
 diction, powers, proceedings, prac¬ 
 tice, process, judgments or decrees 
 of courts of the same class or grade; 
 
 Incorporate cities, towns or vil¬ 
 lages or amend their charters; 
 
 Provide for summoning or impanel¬ 
 ing juries; 
 
 Provide for the management of 
 common schools; 
 
 Regulate interest rates; 
 
 Regulate elections or designate 
 places of voting; 
 
 Regulate the sale or mortgage of 
 real estate of persons under disabil¬ 
 ity; 
 
 Protect game or fish, unless by 
 reasonable classification of waters; 
 
 Authorize ferries or toll bridges: 
 
 Remit fines, penalties or forfeit¬ 
 ures; 
 
 Change the law of descent; 
 
 Grant the right to lay down rail¬ 
 road tracks; or 
 
 Grant any special or exclusive 
 privilege, immunity or franchise. 
 
JOURNAL OF TIIE 
 
 The sale or mortgage of real estate 
 belonging to minors' or others under 
 disability; 
 
 The protection of game or fish; 
 but reasonable classification of 
 waters may be made; 
 
 Chartering or licensing ferries or 
 toll bridges; 
 
 Remitting fines, penalties or for¬ 
 feitures; 
 
 Creating, increasing or decreasing 
 fees, percentages or allowances of 
 public officers, during the term for 
 which said officers are elected or 
 appointed; 
 
 Changing the law of descent: 
 
 Granting to any corporation, as¬ 
 
 sociation or individual the right to 
 lay down railroad tracks, or amend¬ 
 ing existing charters for such pur¬ 
 pose: 
 
 Granting to any corporation, as¬ 
 
 sociation 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. 
 
 Section 23. 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 individual to 
 this State, or to any political divi¬ 
 sion thereof, or to any municipal 
 corporation therein: Provided, how¬ 
 ever, that the General Assembly 
 shall have power to enact statutes of 
 limitation barring all actions on any 
 such indebtedness, liability or obli¬ 
 gation after the lapse of twenty years 
 next after the cause of action shall 
 have accrued: Provided, also, that 
 any such statute of limitation shall 
 require an official audit before the 
 statute begins to run in the case of 
 a public officer. 
 
 Section 24. The General Assembly 
 may, by joint resolution, approved 
 on roll call by a majority of the 
 members elected to each branch 
 thereof, designate or appoint any 
 committee, for the purpose of holding 
 and conducting hearings and investi¬ 
 gations or conducting any legislative 
 business, the rights, duties, powers 
 and functions of such committee 
 shall not cease, end and determine 
 with and upon the sine die adjourn¬ 
 ment of the General Assembly so 
 
 Nor shall any special law be passed 
 where a general law can be made 
 applicable. 
 
 Section 23. No liability due the 
 State or any subdivision thereof, or 
 any municipal corporation, shall 
 ever be released or extinguished 
 by law; but statutes of limitation, 
 requiring an official audit before be¬ 
 ginning to run in favor of a public 
 officer, may bar action on any such 
 liability after twenty years. 
 
 Section 24. By joint resolution 
 concurred in on roll call by a ma¬ 
 jority of the members elected to each 
 House, the General Assembly may 
 authorize committees to continue 
 after its sine die adjournment and 
 until the next regular session con* 
 venes. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 I 
 
 353 
 
 appointing or designating such com¬ 
 mittee, but shall continue in force, 
 effect and operation until the work 
 and object of such committee shall 
 be completed: Provided, however, 
 that the life and existence of such 
 committee shall not extend into and 
 beyond the next following biennial 
 session of the General Assembly. 
 
 Section 25. The House of Repre¬ 
 sentatives shall have the sole power 
 of impeachment; but a majority of 
 all the members elected must concur 
 therein. All impeachments shall be 
 tried by the Senate; and when sitt¬ 
 ing for that purpose, the Senators 
 shall be upon oath, or affirmation, 
 bo do justice according to law and 
 evidence. When the Governor of the 
 State is tried, the chief justice shall 
 preside. No person shall be con¬ 
 victed without the concurrence of 
 two-thirds of the Senators elected. 
 But judgment, in such cases, shall 
 not extend further than removal 
 from office, and disqualification to 
 hold any office of honor, profit or 
 trust under the government of this 
 State. The party, wether convicted 
 or acquitted, shall, nevertheless, be 
 liable to prosecution, trial, judgment 
 and punishment according to law. 
 
 Miscellaneous. 
 
 Section 26. No member of the 
 General Assembly shall be inter¬ 
 ested, either directly or indirectly, 
 in any contract with the State, or 
 any political division thereof or 
 municipal corporation therein au¬ 
 thorized by any law during the term 
 for which he shall have been elected, 
 or within one year after the ex¬ 
 piration thereof. No other officer of 
 this State shall be interested, either 
 directly or indirectly, in any con¬ 
 tract entered into by the State; and 
 no officer of any municipal corpora¬ 
 tion, county, town or other officer, 
 board or commission shall be inter¬ 
 ested, directly or indirectly, in any 
 contract entered into by such bodies. 
 
 Section 25. The Governor and all 
 civil officers of the State shall be 
 liable to impeachment for misde¬ 
 meanor in office. The House of 
 Representatives shall have the sole 
 power of impeachment, but a major¬ 
 ity of its elected members must con¬ 
 cur therein. All impeachments shall 
 be tried by the Senate, each Senator 
 being upon oath or affirmation to do 
 justice according bo the law and the 
 evidence. When the Governor is 
 tried the chief justice shall preside. 
 No person shall be convicted with¬ 
 out the concurrence of two-thirds of 
 the Senators elected. Judgment in 
 case of impeachment shall not ex¬ 
 tend beyond removal from office and 
 disqualification for any office under 
 the State; but the party impeached, 
 whether convicted or acquitted, shall 
 be liable to prosecution according to 
 law. 
 
 (Note: The first sentence of this 
 section is taken from Section 15, 
 Article V, without change.) 
 
 Section 26. No member of the 
 General Assembly shall be benefi¬ 
 cially interested directly or indirect¬ 
 ly in any contract with the State or 
 any subdivision thereof, or any mu¬ 
 nicipal corporation, authorized by 
 law during his term or within one 
 year after his term expires. 
 
 No other officer of this State shall 
 be beneficially interested directly or 
 indirectly in any contract with the 
 State. 
 
 No officer of any subdivision of the 
 State or of any municipal corpor¬ 
 ation or of any board or commission 
 shall be beneficially interested direct¬ 
 ly or indirectly in any contract with 
 the particular body of which he is 
 an officer. 
 
 (Note: The last two paragraphs 
 of Section 26 should be transferred 
 to a general article on OFFICERS.) 
 
 -23 C J 
 
354 
 
 JOURNAL 
 
 Section 27. The General Assembly 
 shall have no power to authorize 
 lotteries or gift enterprises for any 
 purpose, and shall pass laws to pro¬ 
 hibit the sale of lottery or gift enter¬ 
 prise tickets in this State. 
 
 Section 28. No law shall be passed 
 which shall operate to extend the 
 term of any public officer after his 
 election or appointment. 
 
 Section 29. The General Assembly 
 may provide for the establishing and 
 opening roads and cartways, con¬ 
 nected with a public road, for pri- 
 ate and public use. 
 
 Section 30. The General Assembly 
 may pass laws: (1) Permitting the 
 owners and lessees of lands and of 
 minerals to construct drains, ditches, 
 and levees upon or across the lands 
 of others for agricultural, sanitary 
 and mining purposes; (2) providing 
 for the organization «of drainage dis¬ 
 tricts and investing their corporate 
 authorities with powers of eminent 
 domain, and special assessment, and 
 with such other appropriate powers 
 as the Geneal Assembly may deem 
 necessary, for the development, con¬ 
 struction and maintenance of flood 
 control, irrigation and of drainage 
 for sanitary, agricultural, and min¬ 
 ing purposes; and (3) may provide 
 for the development, construction, 
 and maintenance of such projects in 
 whole by such drainage districts or 
 for the purpose of making surveys 
 and straightening and improving 
 water courses in part at the expense 
 of such drainage districts and in 
 part by the State or any political 
 subdivision thereof. 
 
 OF THE [Sept. G. 
 
 Section 27. Lotteries and gift 
 enterprises are forbidden. 
 
 Section 28. The term of any pub¬ 
 lic officer shall not be extended by 
 law after his election or appoint¬ 
 ment. 
 
 Section 29. The General Assembly 
 may provide for: 
 
 Opening private roads to communi¬ 
 cate with public roads; 
 
 Permitting owners and lessees of 
 lands and minerals to construct 
 drains, ditches and levees upon, 
 across or under the lands of others 
 for agricultural, sanitary and mining 
 purposes; and 
 
 Organizing drainage districts hav¬ 
 ing powers of eminent domain and 
 special assessment for flood control 
 or for sanitary or agricultural pur¬ 
 poses, the expense of such districts to 
 be paid for in whole or part by the 
 State or by the district. 
 
 This section shall not be construed 
 as a limitation of the powers of the 
 General Assembly. 
 
 (Combined with Section 29 above.) 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 355 
 
 The authority given for the ac¬ 
 complishment of the purposes set 
 forth in this section shall not de¬ 
 prive the General Assembly of the 
 power to provide other means for 
 the accomplishment thereof. 
 
 Section 31. The General Assembly 
 shall pass liberal homestead and 
 exemption laws. 
 
 Section 32. Whenever any death, 
 disability or retirement fund shall 
 have been or shall be created by law, 
 and a part of the compensation of 
 a public officer or employe is re¬ 
 quired to be deferred and contributed 
 thereto, as the whole or as a part 
 thereof, such public officer or em¬ 
 ploye or his beneficiary may have 
 a vested interest therein as may be 
 provided by law, but such interest 
 shall attach only to the fund accu¬ 
 mulated, and shall impose no obli¬ 
 gation upon the State to create or 
 maintain such fund. 
 
 Ref. 18, Intr. No. 355. 
 
 A Proposal to authorize legislation 
 for the conservation of forests and 
 provide for the taxation of forest 
 lands. 
 
 The General Assembly shall pass 
 laws for the encouragement of fores¬ 
 try, and may classify for taxation 
 areas devoted to forests and forest 
 culture. 
 
 Section 30. (No change suggest¬ 
 ed.) 
 
 Section 32. Any public officer or 
 employe, or his beneficiary, may be 
 given by law a vested interest in the 
 accumulated portion of any death, 
 disability or retirement fund to 
 which he is required by law to con¬ 
 tribute a part of his compensation; 
 but such interest shall impose no 
 obligation on the State or any sub¬ 
 division thereof, or any municipal 
 corporation in regard to the fund 
 accumulated. 
 
 Section 31. The General Assembly 
 shall pass laws to encourage forestry. 
 Areas devoted to forests or forest 
 culture may be classified for tax¬ 
 ation. 
 
 (Note: The foregoing is Refer¬ 
 ence Proposal No. 18—the FORES¬ 
 TRY Proposal—which properly be¬ 
 longs in the Legislative Article.) 
 
 Ref. 21, Intr. No. 382. 
 
 A Proposal relative to Amendments 
 to the Federal Constitution. 
 
 Whenever the Congress of the 
 United States shall by appropriate 
 resolution, propose an amendment 
 to the Federal Constitution, such 
 resolution shall be filed and remain 
 in the office of the Governor until 
 after the members of the next Gen¬ 
 eral Assembly shall have been elec¬ 
 ted. 
 
 When pursuant to law and this 
 election, the General Assembly shall 
 have been organized, the Governor 
 shall present such resolution and 
 proposed amendment for consider¬ 
 ation. 
 
 Section 33. No General Assembly 
 or Convention shall act upon any 
 proposed amendment to the Consti¬ 
 tution of the United States unless 
 such General Assembly or Conven¬ 
 tion is elected after the amendment 
 is submitted for ratification. 
 
 (Note: The foregoing is Refer¬ 
 ence Proposal No. 21—Amendments 
 to the Federal Constitution—which 
 properly belongs in the Legislative 
 Article.) 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 Thos. Rinakeb. 
 
 Charles B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 Committee on Phraseology ancl Style. 
 
356 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 IN RE PROPOSAL NO. 366. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 366, being a Proposal 
 Relative to The LEGISLATIVE DEPARTMENT. 
 
 Section 1. Xo change lias been made in this section except to con¬ 
 dense the sentence and omit the last clause, which is obviously needless- 
 since the point is covered in the next section. 
 
 Section 2. If this section is analvzed it will be found to contain 
 
 t/ 
 
 three ideas: 
 
 1. It fixes the date for election of members of the General 
 
 Assembly. 
 
 2. It requires an election every two years in even numbered 
 
 years. 
 
 3. It provides for filling vacancies. 
 
 The proposed article on Suffrage and Elections establishes a single 
 election in each year and fixes the date of the election; accordingly the 
 first of the above provisions is no longer necessary and it has been 
 dropped. 
 
 Section 9 of this article requires the General Assembly to convene 
 in odd numbered years. The section here under consideration as re¬ 
 vised fixes the length of terms of Senators and Representatives. Xew 
 members therefore will automatically be elected to succeed those whose 
 terms expire, and the election will necessarily take place in the previous 
 Xovember. Accordingly the provision as to the year for holding the 
 election for members of the General Assemblv becomes unnecessary and 
 
 «/ %j 
 
 it has been omitted. 
 
 The third provision, as to vacancies, has been condensed but its 
 meaning has not been changed. The word “vacancies” taken in its con¬ 
 text obviously includes vacancies in “either house,” and a statement to 
 that effect is not necessary. The election here concerned is a “special” 
 election and it should be so characterized. The phrase “issue writs of 
 election” means no more than “call an election.” Accordingly the latter 
 language has been used, since it is simpler and more direct. The words 
 “or person exercising the powers of the Governor” are obviously unneces¬ 
 sary and have been dropped; throughout the Constitution the duties 
 imposed on the Governor automatically devolve upon the person who 
 acts as governor, without a statement to that effect being made. 
 
 The provisions regulating terms of office of Senators and Repre¬ 
 sentatives found in Sections 6 and 7 respectively of this article belong 
 logically in this section and have been inserted in it. In the Executive 
 Article and in the Judiciary Article the particular section which pro¬ 
 vides for election of officers also prescribes the length of their terms. 
 The same arrangement should be adopted in this article. 
 
 As thus revised the section contains everything expressed by the 
 reference draft which is necessary to be stated. 
 
 Section 3. This section contains four limitations affecting mem¬ 
 bers of the General Assembly: 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 351 
 
 1. Tliev must have reached a certain age. 
 
 2. They may not hold any other lucrative public office, with 
 
 certain exceptions. 
 
 3. They must be citizens of the United States. 
 
 4. They must have certain qualifications as to residence. 
 
 These four limitations have been rewritten in less than half the 
 
 number of words of the reference draft. This reduction has been se¬ 
 cured by using general and inclusive terms instead of enumerating the 
 particular things excluded. The change suggested is in accordance with 
 the fundamental rules of legislative drafting when an inclusive result 
 is desired. The section as thus revised will be found.to contain every 
 idea expressed in the reference draft without change of meaning. 
 
 The last sentence of the reference draft is applicable to all officers 
 in the State, including members of the General Assembly. The sen¬ 
 tence has accordingly been transferred to the next section and is dis¬ 
 cussed there. 
 
 Section -4. This section in the reference draft is taken without 
 change from the present Constitution. In 1870 the form of the section 
 was radically changed from that found in the Constitution of 1848. 
 
 The section has no logical place in the Legislative Article since it 
 affects all officers in the State as well as members of the General As¬ 
 sembly. The same thing may be said of the last sentence of the previous 
 section; the two provisions belong together and have been consolidated. 
 The entire section as revised should be transferred to some other part 
 of the Constitution, preferably to an article on “Officers.” 
 
 As revised, the section contains three main ideas, each of which has 
 been expressed in a separate paragraph for purposes of clarity and force. 
 
 In the Constitution of 1870 the provision as to public moneys is 
 repeated in Section 11 of the Revenue Article, where, however, the pro¬ 
 vision concerns only “municipal corporations.” In the proposed Reve¬ 
 nue Article this latter provision has been dropped, no doubt because it 
 was considered as fully covered by this section. Upon principle all three 
 of the disqualifications for office here concerned should apply to all offices 
 in the State, including offices in cities, counties, townships, etc. As re¬ 
 vised, the section obviously covers all such offices, as well as State offices. 
 
 Section 5. The Debates of the Convention of 1870 contain a 
 lengthy discussion as to the form of oath to be administered to members 
 of the General Assembly. (Debates, pages 564 to 572.) Those Debates 
 show that the Convention was trying to strike at certain evils which had 
 persisted prior to 1870, but it is generally conceded now that the section 
 has failed to do what its advocates contended it would accomplish. The 
 history of the section during the fifty years it has been in the Consti¬ 
 tution shows that its provisions have rarely, if ever, been invoked; at 
 least there is no construction of the section by any court, and so far as 
 your committee has been able to discover, no person was ever proceeded 
 against under its provisions. In Section 25 of Article Y of the present 
 Constitution there appears a short form of oath which is required of all 
 officers of the State “except members of the General Assembly and such 
 inferior officers as may be by law exempted.” In the Constitution of 
 
358 
 
 JOUKNAL OF THE 
 
 [Sept. 6, 
 
 1848 the Governor was required to take a special form of oath (Article 
 IV, Section 6) ; all other officers, including members of the General As¬ 
 sembly, were required to take a uniform oath of office. While it is true 
 that a number of the existing State constitutions contain a special form 
 of oath for members of the General Assembly, yet it is equally true that 
 all of the more recently adopted constitutions put members of the Gen¬ 
 eral Assembly on the same basis as other officers so far as the form of 
 their oath of office is concerned. Thus in Massachusetts a “Rearrange¬ 
 ment of the Constitution” was adopted in 1919, which consolidated 
 several collateral provisions regarding oaths of office existing in the old 
 Constitution and its Amendments. A single form of oath is required 
 for members of the General Court of the State as well as all other offi¬ 
 cers. (Article 149.) The proposed new Constitution for Pennsylvania 
 contains a uniform oath for all officers of the State, including members 
 of the General Assembly; and the form of oath is radically condensed 
 from that found in the present Constitution of that State. (Article 
 VII, Section 4.) Accordingly your Committee recommends that Sec¬ 
 tion 5 of this article be dropped from the Constitution, and that mem¬ 
 bers of the General Assembly be required to take the form of oath pre¬ 
 scribed in Section 25 of Article V. 
 
 But if the Convention should nevertheless decide to retain this sec¬ 
 tion, the revised and shortened form of oath here given contains every 
 idea expressed in the reference draft. 
 
 Section 6. No change suggested. 
 
 Section 7. No change suggested. 
 
 Section 8. No change suggested. 
 
 Section 9. This section of the reference draft is taken without 
 change from the present Constitution. In 1870 the form and substance 
 of the section were radically changed from what had previously existed 
 in the Constitution of the State. 
 
 The section as it appears in the reference draft contains provisions 
 affecting two separate subject matters: 
 
 1. It regulates the time of meeting and organization of the 
 
 two Houses. 
 
 2. It lays down certain rules and regulations under which 
 
 the two Houses are to operate. 
 
 The arrangement of the section in the reference draft from the 
 point of view of logic is not good. The second and third sentences of 
 the section concern themselves with matters arising after the Houses 
 have been organized, while the provision for organizing the Houses is 
 expressed later on in the section. Moreover the provision requiring the 
 Senate to choose a temporary president is attached as a clause to another 
 sentence, the main idea of which is concerned with the power of the 
 Houses over their proceedings and the qualifications of their members. 
 The order and arrangement of the section has therefore been made more 
 logical and the two main ideas of the section have been made more dis¬ 
 tinct by dividing the section into two paragraphs. The first paragraph 
 concerns itself with the provisions affecting No. 1 above, while the second 
 paragraph is concerned with the provisions affecting No. 2 above. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 359 
 
 The first sentence of the reference draft, fixing the hour, the clay 
 and the month when sessions shall begin, has been recast to state more 
 directly the matter involved. The sentence has been thereby consider¬ 
 ably reduced in length without change in meaning. 
 
 It will be noted that the reference draft requires the election of a 
 ‘Temporary president” for the Senate, to preside when the Lieutenant 
 Governor is absent. The election of a “Speaker” however, is not re¬ 
 quired by the section and that officer is not even mentioned, although 
 the Speaker is mentioned in other sections of the Constitution, as for 
 example, in Section 19 of Article V, providing for succession to the 
 office of Governor. As revised, the section expressly requires a “Speaker” 
 to be elected. 
 
 The last three sentences of the reference draft concern themselves 
 with the powers of discipline of the two Houses over their members and 
 over persons who are not members. These provisions have been con¬ 
 solidated into a single sentence, thereby effecting a considerable saving 
 in words without change in meaning. 
 
 Section 10. No change in substance has been made in this session. 
 The sentence structure of the section as revised remains the same as in 
 the reference draft, but each sentence has been somewhat shortened. In 
 the last sentence of the section, if members may have the “reasons for 
 their dissent entered upon the journal” it is obvious that the members 
 may dissent, and the statement to that effect is unnecessary. 
 
 Section 11. This section has appeared without change since its 
 adoption in the Constitution of 1818. The word “style” is really used 
 in the sense of “enacting clause”; this is obvious from the context of the 
 section. This usage of the word was common one hundred years ago 
 in this specialized sense, although there is seemingly no justification for 
 such use of the word in any dictionary or law book. The use of the 
 word “style” seems to have been copied in this State from the Constitu¬ 
 tion of Connecticut, which was also adopted in the year 1818, forming 
 a model for many provisions of the first Constitution of Illinois. The 
 Constitution of Maine, adopted in the year 1819, uses the word “style” 
 in the same sense, and many state constitutions have followed the exam¬ 
 ple of the earlier states in this regard. However, the constitutions of 
 some of the later states, particularly New York (Article III, Section 
 14), have used the more definite term “enacting clause.” This is the 
 term under which the section in question is generally indexed. (See 
 Index Digest of State Constitutions, New York Constitutional Conven¬ 
 tion 1915, page 832.) In accordance with the modern tendency the 
 words “enacting clause” have therefore been submitted for the word 
 “style.” 
 
 The words “this State” have been dropped, since it is obvious the 
 provision relates to the laws of this State and cannot affect the laws of 
 
 any other state. 
 
 Section 12. This section contains two provisions: ' 
 
 1. It guarantees the equality of the Houses as to originating, 
 
 amending or rejecting bills. 
 
 2. It prescribes certain requirements for the passage of bills. 
 
360 
 
 JOURNAL OF THE 
 
 [Sept. 6. 
 
 The first provision has been redrafted into a separate sentence since 
 it logically belongs in that form. The word “altered” has been dropped 
 as redundant, its meaning being fnily covered by the word “amended.” 
 
 The second part of the section contains four requirements which 
 must be complied with before bills may become law: 
 
 a. A vote by yea and nay must be taken in each House. 
 
 b. A majority elected to each House must concur in the vote. 
 
 c. The vote in each House must be entered upon the journal 
 
 of that House. 
 
 d. The vote in each House must be taken separately upon 
 
 each bill. 
 
 In the reference draft the phrase “each House” appears at the end 
 of the section, and if properly construed would modify only the pro¬ 
 vision as to majority vote. This is not in accordance with the context 
 of the section nor in accordance with the rules of constitutional law. 
 In the section as revised the words “each House” are made to rnodifv 
 each one of the four requirements enumerated above. This part of the 
 section has been further revised in order to shorten it and to make the 
 sequence of its ideas more logical. 
 
 Section 13. This section, if analyzed, will be found to contain three 
 three main ideas: 
 
 1. The provisions as to reading, printing and signing of bills. 
 
 2. The provisions as to the subject-matter of bills and the 
 
 manner of their expression. 
 
 3. The provision as to when 'bills shall take effect. 
 
 Each of these ideas has been expressed in a separate paragraph 
 for obvious grammatical and rhetorical reasons. The section is thereby 
 simplified and the relation of its various parts one to the other made 
 clearer. 
 
 The first paragraph as revised expresses the three requirements as 
 to “reading,” “printing” and “signing” in chronological order and gives 
 them equal importance. 
 
 The reference draft is changed in two respects from the Constitu¬ 
 tion of 1870. 
 
 First: The provision “by title * * *, but the rules of either 
 House may provide for the reading of bills at greater length on second 
 or third reading,” has been added. This amendment has been expressed 
 in the section as revised by the words “by title or at greater length.” 
 In the shorter form full effect is given to the amendment as intended 
 bv the Committee of the Whole. 
 
 Second: The words “except amendments striking out the emerg¬ 
 ency clause”' were also added as an amendment by the Committee of the 
 Whole. Xo change has been made in this language except to use the 
 word “amendment” in the singular instead of the plural; obviously 
 there will be only one amendment in this connection for each bill. 
 
 The provision as to “signing” of bills is obscure because it does 
 not indicate how such signing is to be proved. Certain members of the 
 Convention who are familiar with the procedure in the General Assembly 
 have called this fact to the attention of your committee. Thus it may 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 361 
 
 be asked: Is signing a jurisdictional matter which must appear from 
 the journals ? Or may it be proved only by the physical signature on the 
 bills themselves ? Or may it be proved by other evidence ? _ Many of the 
 more modern constitutions provide specifically that the journals must 
 show the fact of signing. (See Constitutions as follows: Alabama, 
 Article IV, Section 66; Colorado, Article V, Section 26; Kentucky, 
 Section 56; Louisiana, Section 41; Mississippi, Article IV, Section 59; 
 North Dakota, Article II, Section 66; Pennsylvania, Article III, Sec¬ 
 tion 9; South Dakota, Article III, Section 19; Tennessee, Article II, 
 Section 18; Texas, Article III, Section 38; Utah, Article VI, Section 
 24; Virginia, Article IV, Section 50; Wyoming, Article III, Section 
 28.) The proposed new Constitution for Pennsylvania covers the point 
 by a provision as follows: ’‘The fact of signing shall be entered on the 
 journalV In order to secure greater clarity on this point, and to bring 
 the Constitution of this State in line with the modern provisions in 
 other states, the clause “and the fact of signing entered upon the jour¬ 
 nals''’ has been added to the first paragraph. 
 
 The second paragraph of the section as revised appears in substan¬ 
 tially the same form as in the reference draft. The three sentences of 
 the reference draft are retained, but the last part of the first sentence 
 as to the portion of a bill which shall be void—has been recast in a 
 shorter and clearer form. The sentence of the reference draft beginning 
 “Any act expressly purporting to amend,” etc., was adopted by the 
 Committee of the Whole for the purpose of amplifying the provision 
 found in the present Constitution on the point in question. As revised, 
 the word “purporting” has been dropped from the sentence, since this 
 word does not help the meaning untended to be conveyed. This sentence 
 also has been somewhat recast and shortened for the purpose of making 
 it clearer and at the same time more comprehensive. 
 
 The third paragraph of the section as revised incorporates the last 
 sentence of the reference draft without material change. The provision, 
 however, has been somewdiat condensed and rephrased for purposes of 
 clarity. The word “but” has been substituted for the less vigorous word 
 “unless.” The use of the relative pronoun “which” as an adjective 
 (“which emergency”) is condemned by grammarians. The pronoun 
 alone is sufficient. The use of the word “otherwise ’ so near the end 
 of the sentence is unfortunate; in the provision as revised this word has 
 been placed nearer the idea which it modifies. 
 
 Section 1J+. No changes except rhetorical and grammatical ones 
 have been made in this section. 
 
 In the reference draft the verb “shall * * * be privileged ’ is 
 split apart and its parts separated by two subsidiary clauses, a usage 
 generally condemned by grammarians. (See previous reports of this 
 committee.) This defect has been corrected. 
 
 The exception in the first part of the section in the reference draft 
 is embedded in the middle of the sentence. Clearness of expression re¬ 
 quires an exception to be put either before or after the idea which it 
 modifies, not in the middle of the idea itself. 
 
JOURNAL OR THE 
 
 [Sept. 6, 
 
 362 
 
 In the second part of the section the word “debate” is redundant; 
 it is included within the meaning of the word “speech,” and has there¬ 
 fore been dropped. 
 
 The word “elsewhere” has been substituted for the phrase “in any 
 other place.” 
 
 Section 15. The purpose of this section is to forbid the appoint¬ 
 ment of members of the General Assembly to any other office. The 
 section is intended to prevent members of the General Assembly from 
 being rewarded for their legislative action or influence, and to prevent 
 persons elected to the General Assembly from being induced to withdraw 
 from it either before or after the General Assembly convenes, by the 
 offer of political preferment. The provision comes practically without 
 change from the Constitution of 1848. The purpose of the section, how¬ 
 ever, so far as the General Assembly is concerned, is duplicated by 
 Section 10 of Article Y of the Constitution; that section forbids the 
 General Assembly to appoint any person to office, including its own 
 members. As Section 10 of Article Y has been revised the prohibition 
 is effective against either the “Senate” or the “House of Bepresenta- 
 tives,” as well as the General Assembly. Accordingly this section amounts 
 only to a prohibition against the Governor so far as appointment of 
 members of the General Assembly is concerned, and it has been revised 
 on that basis. 
 
 The tense of the second verb “elected” has been changed from the 
 future perfect to the present tense to conform to the rules of legislative 
 drafting. (See Willard, “Legislative Handbook,” Section 354.) 
 
 The last clause of the reference draft is needless, since the pro¬ 
 vision is self executing without it. If appointments are specifically 
 forbidden by the Constitution there is no occasion to say such appoint¬ 
 ments “shall be void”—they are ipso facto void. Accordingly this 
 clause of the section has been dropped. 
 
 Section 16. The first sentence of this section in the reference draft 
 forbids appropriations of money by “any private law.” This sentence 
 appeared in the Constitution for the first time in 1870. No other State 
 Constitution contains a like provision except Texas (Article XYI, Sec¬ 
 tion 6), where the provision reads, “No appropriations for private or 
 individual purposes shall be made.” When the Convention of 1870 was 
 considering this provision a motion to substitute the words “special law” 
 for “private law” was made, on the ground that the two terms were 
 synonymous, but the motion failed. (Debates 1870, pages 642, 643.) 
 The term “special law” appears in Section 22 of this article; it is a term 
 frequently used in state constitutions and is well understood in con¬ 
 stitutional law. The term “private law” does not appear elsewhere in 
 the Constitution of this State and is an unusual term in constitutional 
 law. The sentence under consideration has been construed only once by 
 the Supreme Court of this State, and then in a way that is not helpful. 
 In the case of Fergus v. Russell , 277 Ill. 20 (1917), the court had under 
 consideration a number of bills which appropriated money to private 
 individuals, where no claims had been filed with the Court of Claims 
 and where no judgments against the State had been secured. The bills 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 363 
 
 were attacked on the ground that they were invalid under this provision, 
 as it was contended they amounted to appropriations made by e ' private 
 laws.” The Supreme Court, however, sustained the appropriations on 
 the ground that they were not private laws, and said: 
 
 “The meaning of the provision That the General Assembly 
 shall make no appropriation of money out of the treasury in any 
 private law’ we do not understand to be that no appropriation can 
 be made to a private person or individual, but it means that no 
 appropriation for any purpose shall be made out of the treasury in 
 any private law.” 
 
 If the appropriations involved in Fergus v. Russel are not appro¬ 
 priations made under a “private law” it is difficult to understand what 
 is meant by that term. Certainly the result is—under the decision of 
 the Supreme Court—that the provision is practically meaningless; in 
 any event it fails to prevent the very thing intended, that is, appropria¬ 
 tions to private persons. 
 
 This provision, however, has been duplicated by a new provision 
 introduced into the Revenue Article by the Committee of the A hole. 
 In Section 1 of that article there appears the sentence, “Taxes shall be 
 levied and collected under the general law and for public purposes only. 
 This latter provision effectively forbids the use of public money for 
 private purposes, and the General Assembly therefore is prohibited by 
 this latter section from appropriating money by any “private law.” 
 Accordingly the sentence under consideration has been dropped. 
 
 The rest of the section in the reference draft has not been changed 
 except to shorten it. 
 
 The paragraph added to the section as revised, concerning reports 
 of the Auditor, is discussed in the next section. , 
 
 Section 17. This section contains two distinct ideas: 
 
 1. It governs the method of drawing money from the treasury. 
 
 2. It provides for reports to be made by the Auditor. 
 
 The first idea is stated in a double form: (a) Money must be 
 drawn out of the treasury under “an appropriation made by law,” and 
 (b) no money may be drawn out of the treasury by “joint or separate 
 resolution.” Section 13 of this article regulates the passage of “Jaws” 
 and automatically excludes from that category resolutions either joint or 
 separate. Therefore if the word “law” in the first part of this provision 
 is given its proper meaning, it is unnecessary to add the second part 
 of the provision. Indeed the presence of the clause referring to a “joint 
 or separate resolution” implies that the word “law” is used in a special¬ 
 ized sense, and that result is not intended. 
 
 This provision comes from Section 9 of Article I of the Constitu¬ 
 tion of the United States, where the provision reads, “No money shall 
 be drawn from the treasury but in consequence of appropriations mado 
 by law.” A provision similar to that in the Federal Constitution is 
 found in all state constitutions except in those of a few of the New 
 England states. The provision appeared in the above form in tlie Con¬ 
 stitutions of this State of 1818 and 1848 and in the rejected Constitu¬ 
 tion of 1862. The double form of the provision first appeared in the 
 
364 
 
 JOURNAL OF TILE 
 
 [Sept. 6. 
 
 Constitution of 1870, and no other State except Maryland has followed 
 the example of Illinois. Accordingly the provision as to “joint or sepa¬ 
 rate resolution” has been dropped. 
 
 The second part of the section affecting reports of the Auditor has 
 given your Committee some difficulty. Two separate constructions of 
 this provision are open: 
 
 a. Shall the “statement” include moneys expended by all 
 branches of the Government as the result of the session of the Gen¬ 
 eral Assembly? 
 
 D. Shall the “statement” include only moneys expended by 
 the General Assembly for its purposes? 
 
 From the wording of the provision itself no one can say definitely 
 which of these constructions was intended. In order to make the point 
 clear your Committee communicated with the Auditor and asked for 
 the construction placed by that department on this provision. The 
 following is the Auditor’s reply: 
 
 Springfield, October 30, 1920. 
 
 Hon. Charles H. Hamill, 
 
 Chicago Law Institute, Chicago. 
 
 Dear Sir : Deferring to your letter of the 29th relative to the 
 requirement that the Auditor shall publish a statement of expenses 
 of the General Assembly, the construction placed upon this by this 
 office for all time back since its requirement, is that it shall be a 
 statement of the amounts expended by the General Assembly at the 
 session just previously held. 
 
 I am sending you under separate cover copies of all the avail¬ 
 able reports at this time. 
 
 • Yours very truly, 
 
 (Signed) Andrew Kussel, 
 
 Auditor of Public Accounts. 
 
 This letter (as well as the reports of the Auditor for a long time 
 past, which are in accordance with the construction given in the latter) 
 shows that the latter of the two constructions above indicated has be¬ 
 come established by half a century of settled practice. In view of this 
 construction the provision obviously belongs in the previous section, and 
 it has accordingly been incorporated in that section as revised. 
 
 The provision under discussion has been somewhat reduced in length 
 by the exclusion of superfluous words, but its meaning remains un¬ 
 changed. 
 
 Section 18. This section is obviously concerned with two distinct 
 subject matters, (1) appropriations made by the General Assembly, and 
 (2) the debt of the State. In the reference draft these two matters 
 appear as separate paragraphs, but because of their essentially different 
 nature the two paragraphs have been recast into separate sections. 
 
 The first paragraph of the reference draft is substantially the same 
 as the corresponding provision in the present Constitution, but the Com¬ 
 mittee of the Whole has added certain amendments as follows: 
 
 A. The provision as to the two year or “fiscal” appropriation 
 period is made more definite. 
 
1921.] 
 
 CONSTITUTION’AL CONVENTION. 
 
 365 
 
 B. The appropriation period is made to begin on a precise 
 date by day and month instead of being measured by the loose 
 method used in the present Constitution. 
 
 C. An express provision has been inserted permitting obliga¬ 
 tions incurred during the appropriation period to be paid within 
 three months after the period expires. 
 
 If the paragraph as thus amended is analyzed it will be found to 
 contain the following ideas: 
 
 1. A mandate on the General Assembly to provide for the 
 expenses of the Government for a certain period. 
 
 2. A provision fixing that period. 
 
 3. A provision requiring two-thirds vote to increase appro¬ 
 priations once made. 
 
 4. A provision limiting the amount of appropriations to the 
 amount of revenue “authorized by law to be raised in such timed’ 
 
 5. A provision as to the “lapsing” of appropriations at the 
 end of the appropriation period. 
 
 6. An exception to the last provision allowing three months 
 further time for certain obligations. 
 
 The first provision of the section as above indicated, being a man¬ 
 date on the General Assembly, has never been construed by the Supreme 
 Court. The provision has been touched upon in T Vhittemore v. The 
 People, 227 Ill., 453 (1907), but in a case that did not affect the Gen¬ 
 eral Assembly. The purpose of this provision has, however, been dis¬ 
 cussed by the Attorney General in the folllowing language: 
 
 “The object of the Constitutional provision requiring biennial 
 appropriations for the support of the Government is to render all 
 departments of the State Government dependent upon the will of 
 the people as expressed by its representatives and to require the 
 return to the source of power every two years for the necessary 
 means of existence.” (“Opinions of the Attorney General,” 1912, 
 page 1018.) 
 
 The Debates of the Convention of 1870 show that the provision here 
 in question was adopted upon the assumption that the General Assembly 
 would finish its work and adjourn within the first quarter of the year. 
 (Debates 1870, page 540.) The “first fiscal quarter after adjournment” 
 would therefore end July 1st of the year in question and appropriations 
 would be made accordingly from July 1st to July 1st of every other 
 year. As a matter of fact, the General Assembly for a great many years 
 has continued its sessions into the second quarter of the year, and 
 accordingly the “first fiscal quarter after adjournment ’ ends October 
 1st instead of July 1st. This explanation shows the obvious wisdom of 
 fixing the appropriation period by precise date, rather than by reference 
 to the time of adjournment of the General Assembly. 
 
 In this provision as revised, the phrase “ordinary and contingent 
 expenses of the Government” has been shortened to “expenses of the 
 Government.” It will be obvious that the latter phrase includes the 
 former. The use of specific terms by way of enumeration where a gen- 
 
JOURNAL OF THE 
 
 [Sept. "6, . 
 
 366 
 
 eral and inclusive result is intended, is a fundamental error in legisla¬ 
 tive drafting. (Willard, “Legislative Hand Book,” Section 312.) 
 
 • The word “fiscal’' as used in the reference draft is taken over from 
 a somewhat similar use of that word in this section in the present Con¬ 
 stitution, where the word appears twice in the same sentence. But the 
 term “fiscal quarter,” which appears there, .has been changed in the 
 reference draft to “fiscal period.” The “period” is precisely and defi¬ 
 nitely fixed by other words in the reference draft and nothing is added 
 by the use of the word “fiscal.” Accordingly this word has been dropped. 
 
 The second provision above is stated in the reference draft in a way 
 which fixes the “beginning” and the “end” of the “period.” It has been 
 condensed in the section as revised by omitting the part of the provision 
 as to when the period shall “end.” If the length of the period is fixed 
 at two years and the beginning of the period is fixed at July 1st, it is 
 unnecessary to state when the period ends. 
 
 The third provision above indicated concerns the vote required to 
 increase the “aggregate amount” of appropriations once made. This 
 provision in the reference draft is in the same form in which it appears 
 in the present Constitution. The meaning of the provision is somewhat 
 obscure, because it cannot be said whether the “increase” meant is an 
 increase during the process of passing the appropriation hill or an in¬ 
 crease made after the appropriation bill has become law. Under the 
 established legislative practice the latter of these two constructions has 
 been adopted. (See for example, “Veto Messages”, 1911-12, page 34.) 
 However, in order to make the point entirely clear the provision has been 
 recast to read “after such appropriations have been made”, etc. Other¬ 
 wise the provision has not been changed. 
 
 The fourth provision above indicated contains a limitation that 
 appropriations shall not “exceed the amount of revenue authorized by 
 law to be raised in such time”. This provision comes without change 
 from the Constitution of 1848. The provision therefore had its origin 
 nearly three-quarters of a century ago and was devised as suitable to the 
 financial and economic conditions of the State existing at that time. 
 The revenue of the State in 1848, and even at the adoption of the Con¬ 
 stitution of 1870, was derived almost entirely from direct taxes on real 
 and personal property. The “amount of revenue” which would be raised 
 in any two };ear period was a fairly constant quantity and could easily 
 be computed in advance. The provision in question was therefore 
 readily applied and was no doubt a desirable limitation. But under 
 modern conditions a totally different situation is presented. In the first 
 place, the revenue of the State is largely made up of special taxes and 
 licenses which were unheard of when this provision was adopted; as for 
 example, automobile taxes, inheritance taxes, and corporation fees. In 
 the second place, the amount of these taxes changes rapidly with chang¬ 
 ing conditions, so that it is no longer practicable to forecast in advance 
 the revenue to be raised by them. In the third place, a vast increase 
 has taken place in the amount of appropriations. Thus, in the year 
 1873-74 the total amount of appropriations was $6,648,187. Over 
 against this figure there may be set the appropriations for the year 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 o /? ry 
 
 O O i 
 
 1919-20, amounting to $63,436,059. The latter figure includes only the 
 appropriations for the expenses of the Government and does not include 
 bond issues for waterways and highways amounting to the further sum 
 of $109,195,124. It will be apparent from what has been stated that this 
 provision has lost its usefuluness. If a guess be made by the General 
 Assembly as to the “amount of revenue to be raised” and the appropria¬ 
 tions based upon that amount, the guess is quite likely to be wrong; it 
 will be either much too low or much too large. 
 
 Another reason against the retention of this provision is the fact 
 that it has never been enforced, and in the nature of things cannot be 
 enforced. If the appropriations actually exceed the “amount of revenue 
 to be raised”, what is the result? Are all appropriations made by the 
 General Assembly void? Or are all appropriations to be reduced pro 
 rata? Or are the last appropriations made in point of time invalid? 
 Or does the Auditor pay bills until the revenue is exhausted and then 
 stop payment on further vouchers? These questions would be practical 
 and cogent if the provision was in fact enforced. The Supreme Court, 
 in the case of Fergus v. Brady, 277 Ill. 272 (1917), has recognized the 
 situation here under consideration. An effort was made in that case to 
 make the Court say that the amount of appropriations should depend 
 upon the amount of revenue to be raised by the State tax rate. But the 
 Court refused to take that view, and said in its opinion: 
 
 “Circumstances may occur that will cause the reasonable ex¬ 
 pectations of the General Assembly as to the amount of revenue 
 to miscarry or not to be fulfilled/'’ 
 
 The Court indicated that the provision allowing the State to borrow 
 money up to $250,000 was inserted for the purpose of making the pro¬ 
 vision here under discussion elastic and practicable. 
 
 In view of what has been said this provision has been dropped. 
 
 The fifth provision above indicated, as it appears in the reference 
 draft, has been substantially changed from the corresponding provision 
 in the present Constitution; while the sixth provision above indicated 
 is new in the reference draft. The new provision is really an exception 
 to the rule laid down by the present Constitution; the exception merely 
 puts in express form the existing construction of this section, under 
 which appropriations are valid for three months after the July 1st in 
 question, if the obligation has been incurred before that time. As re¬ 
 vised, the two sentences are expressed in a single sentence. The two 
 provisions have been reduced to about one-third of their length as ex¬ 
 pressed in the reference draft, while the meaning conveyed has not been 
 changed. 
 
 The section as revised has been broken up into several paragraphs 
 for the purpose of clarifying it and making its provisions easier to grasp. 
 
 It will be noted that this part of Section IS concerns itself with 
 limitations on the General Assembly as to appropriation bills. In Sec¬ 
 tion 16 of the Executive Article of the present Constitution there is 
 found a provision requiring appropriation bills to he itemized by the 
 General Assembly. This provision has been carried over in the same 
 section and the same article in the reference draft. The provision is 
 
368 
 
 JOURNAL OF THE 
 
 [Sept. 6^ 
 
 obviously out of place in the Executive Article, which should concern 
 itself with limitations upon executive officers. The logical place for 
 the provision in question is in the Legislative Article, and it has accord¬ 
 ingly been put in this section. 
 
 Section isy 2 . The provisions of the reference draft affecting the 
 debt incurring power of the State are expressed in two sentences, each 
 of which is long and involved. The paragraph here concerned must be 
 read over and over again to get at its real meaning. When the para¬ 
 graph is analyzed it will be found to contain the following ideas: 
 
 1. The State may contract debts up to one million dollars to 
 meet deficits in revenue. 
 
 2. The money so borrowed must be used for the specific pur¬ 
 pose for which it is borrowed, or pay the debt for which it was 
 borrowed. 
 
 3. Further debts without limit may be incurred to pay claims 
 arising in case of war, etc. 
 
 4. No other debt may be incurred except upon the following 
 conditions: 
 
 (a) There must be a referendum on the law creating the 
 
 debt. 
 
 (b) The law must be approved by a majority of all those 
 
 voting at a general election. 
 
 (c) The law must be published for three months before 
 
 the election. 
 
 (d) Payment of interest must be provided for when the 
 
 debt is incurred, either by a special tax or by set¬ 
 ting aside particular revenues. 
 
 (e) If the interest is to be paid by a tax, the law pro¬ 
 
 viding for the tax must be submitted to the people 
 for approval with the law authorizing it; and is 
 irrepealable if it becomes law. 
 
 The provisions thus found in the reference draft are substantially 
 the same as the provisions in the corresponding section in the present 
 Constitution, except that the debt limit to meet casual deficits has been 
 increased from $250,000 to $1,000,000. • 
 
 But the Convention has indirectly created an exception to this sec¬ 
 tion by adopting the proposal on Canals and Waterways. There is a 
 direct conflict in the reference draft between the provision of this section, 
 as to “no other debt,” etc., and the provision of the Canals and Water¬ 
 ways Proposal authorizing the General Assembly to incur an additional 
 debt up to ten million dollars without a referendum. It is necessary 
 to reconcile the Canals and Waterways Proposal with the section here 
 under discussion; and this has been done by inserting a special provision 
 as indicated. 
 
 The first three ideas outlined above ma} ; logically be expressed in 
 a single sentence, which should include also the provision referring to 
 the Canals and Waterways Proposal. The provision as thus revised 
 obviates the necessity of making an exception of debts incurred in case 
 of war, etc. 
 
1921.] 
 
 CONSTITUTIONAL COXVEXTIOX. 
 
 369 
 
 In the reference draft, and also in the Constitution of 1870, the 
 limitation indicated in aSTo. 2 above applies only to debts incurred to 
 meet “casual deficits.” This restriction of the limitation here concerned 
 seems to be an obvious oversight. Upon principle this limitation—that 
 the money so raised must be used for the specific purpose for which it 
 is borrowed—should apply equally to all State debts which are not 
 incurred under specific authority of law and approved by the people at 
 a referendum. Such is the law, for example, in Michigan, where a 
 similar limitation appears in the Constitution of 1908. (Section 10, 
 Article X). The limitation there is made applicable to debts incurred 
 for deficits in revenue as well as debts incurred in case of war, etc., and 
 for other purposes. Accordingly in the section as revised this limitation 
 has been placed at the end of the first paragraph, where it modifies all 
 of the debts previously mentioned. 
 
 • The long and complicated sentence of the reference draft here con¬ 
 cerned has been rearranged and each idea expressed separately. As thus 
 revised the sentence has been considerably shortened and its provisions 
 made easier of comprehension, but without changing its meaning. 
 
 The fourth idea above outlined, with its five conditions, may 
 logically be expressed in a separate paragraph. In the reference draft 
 the various ideas here concerned are expressed in a confused and obscure ^ 
 manner. As revised, this part of the section contains each of the ideas * 
 outlined expressed in four sentences, which follow one another in logical 
 order. Various minor changes made in this part of the section need 
 not be discussed. All of the provisions of the reference draft have been 
 included without any change in meaning. 
 
 Section 19. If this section is analyzed it will be found to contain 
 
 two main ideas: 
 
 1. A provision forbidding extra compensation to be given by 
 law to persons in public employ or to contractors on public work. 
 
 2. A provision forbidding contract claims against the State 
 unless they have been authorized in advance by law—-with three 
 exceptions enumerated. 
 
 In the reference draft these ideas, which are inherently different, 
 are thrown together in a single sentence; while the exceptions are added 
 as a proviso at the end of the section. The sentence structure is thereby 
 made illogical and the meaning of the section rendered obscure. In the 
 section as revised these two ideas have been separated and each expressed 
 in a single sentence. The exceptions have been made to appear as such 
 and placed at the end of the second sentence, since they modify only 
 that sentence. By putting the two sentences into the passive voice a 
 considerable saving of words is effected without change of meaning. 
 
 In the first part of the section the words “agent” and “servant’ 
 have been omitted. The words “public officer, employe or contractor” 
 have been used in the sense of including the words “agent’ and sen ant . 
 A servant is obviously included within the word “employe”. An agent 
 is either an employe who draws a salary or is paid wages, or he is a 
 “contractor” who is paid commissions under a contract. 
 
 In the reference draft the second provision above indicated is stated 
 in a double form; the claims in question against the State are first for- 
 —24 C J 
 
JOURNAL OF THE 
 
 [Sept. C>, 
 
 3;o 
 
 bidden, and second, they are made “null and void”. In the sentence 
 as revised the second form alone has been adopted. If such claims are 
 made “void” no further language is needed to strengthen or emphasize 
 
 that statement. „ , , u 
 
 The words “null and void” mean no more than void , and the 
 
 latter term has accordingly been adopted. , 
 
 Section 20. This section on its face purports to forbid State aid to 
 any individual, association, or public or private corporation—either by 
 grant of money or by assuming a debt or obligation. The proposed 
 Constitution, however, contains a number of provisions which are in 
 conflict with the section as thus worded in the reference draft. For 
 example, Section 4 of the Article on Education permits such aid under 
 certain limited circumstances. Again, the proposal concerning “Farm 
 Land Credits” permits such aid to particular groups of individuals. 
 The provision regarding “Pension Funds” permits such aid under ceitam 
 circumstances. To a less degree, the “Forestry Proposal’ 5 amounts to 
 an exception to this section, since it is really an indirect form of btate 
 subsidy. Other examples might be given, but these are enough to show 
 that this section must be made subject to whatever specific provisions 
 there may be found contrary to it in other parts of the Constitution. 
 
 The reference draft attempts to secure an all-inclusive result by 
 enumerating the various acts or kinds of transactions which are 01 
 bidden. Attention has already been called in this report to the funda¬ 
 mental error in legislative drafting here involved. By adopting the 
 general terms “money or credit of the State 55 and forbidding their use 
 m general terms, the purpose of the section is reached more directly and 
 
 more completely than is done by the reference diaft. 
 
 The phrase “public or other corporation 55 is obscure, since the words 
 ‘public 55 and “other 55 are not complementary to each other. The word 
 “private” is properly used in contra-distinction with the word public , 
 and accordingly it has been adopted in the section as revised. . 
 
 Attention should be called here to the fact that this section is large¬ 
 ly duplicated by the new provision inserted in the Eevenue Article, to 
 the effect that taxes may be collected “for public purposes only . I he 
 two provisions should logically be construed together. 
 
 As revised the section has been considerably shortened, but its mean¬ 
 ing has not been changed. „ p* 
 
 Section 21. The first sentence of this section m the reference draft 
 
 is copied—but in a modified form—from the corresponding provision ot 
 the present Constitution. That provision fixed the pay and mileage of 
 members of the General Assembly, but provided that the matter^mig , 
 be regulated by law. The subejct was subsequently regulated by statute 
 so that the provision of the present Constitution is no onger m 
 nT m has served its purpose. The first sentence of the reference draft is 
 therefore needless. 1 It amounts merely to a constitutiona recognition 
 of the existing statute on the subject and provides furthei that th 
 statute mly be" changed. Everything that is said in he sentence wdl 
 be accomplished if the Constitution is silent on the point. Th .. . 
 tence has accordingly been dropped. 
 
 (i , 
 
CONSTITUTIONAL CONVENTION. 
 
 371 
 
 1921.] 
 
 The second sentence of the section in the reference draft contains 
 a limitation which affects all public officers as well as members of the 
 General Assembly—namely, that their pay shall not be increased 01 ^ di¬ 
 minished during their terms. A number of other provisions of the Con¬ 
 stitution contain similar limitations: 
 
 Section 23, Article V, affecting the officers named m the ex¬ 
 ecutive Article. „ 
 
 Section 7, Article VI, affecting members of the Supreme Court. 
 
 Section 16, Article VI, affecting judges of the Circuit Courts. 
 
 Section 25, Article VI, affecting the judges of the Circuit and 
 statutory courts, and the State’s Attorney in Cook County. 
 
 Section 11, Article IX, affecting “municipal officeis. 
 
 Section 10, Article X, affecting “county officers.’ 5 
 In the section as revised a single provision has been drafted covering 
 all these officers, and it is suggested that the new section be placed in a 
 general article on “Officers”. Thereby a single uniform provision on 
 the point will appear in the Constitution at a place where it logically 
 belongs. Furthermore, a substantial saving of words will be effected by 
 omitting provisions which duplicate each other. 
 
 The rest of the section as found in the reference draft contains two 
 
 limitations affecting members of the Geneial Assembly. 
 
 1. Their pay and mileage must be certified by their respective 
 
 presiding officers and published in the journals. 
 
 2. Xo member of the General Assembly shall receive any other 
 
 compensation or allowance. , 
 
 The first provision is expressed in substantially the same words as 
 
 the reference draft. However, the pronoun “their” as used in the ref¬ 
 erence draft is ungrammatical; it does not have a proper antecedent. 
 This defect has been corrected in the provision as revised. ^ 
 
 In the second provision the words “compensation or allowance are 
 adopted as inclusive terms. Any payment or reward or benefit of a re¬ 
 munerative character should be held to be included within the limitation 
 as thus expressed. The provision is not improved or strengthenec } 
 the words “directly or indirectlv for any purpose whatever ; these words 
 
 have accordingly been dropped. i T 
 
 Section 22. This section was new m the Constitution ol n 
 
 has been adopted in the reference draft without change, except oi one 
 
 minor point, which will be noted hereafter. « 
 
 The Constitution of 1818 contained no such list of limitations af¬ 
 fecting the General Assembly. The Constitution of 1848 contained but 
 two limitations of this character: First, legislative divorces were for¬ 
 bidden, and second, the sale of privately owned real estate was forbidden 
 by private law. The rejected Constitution of 1862 (Section 30, Article 
 IV) contained a list of eight such limitations. In the Constitution oi 
 1870 the list was increased to twenty-three, and in addition several simi¬ 
 lar limitations were incorporated in other parts of the Constitution. 
 This development in the constitutional history of the State shows the 
 increasing concern which came to be felt over the custom of passing 
 special legislation. The custom in fact had grown to be excessive at 
 the time of the adoption of the present constitution, as is shown by the 
 
372 
 
 JOURXAL OF THE 
 
 [Sept. 6, 
 
 lact that at the previous session of the General Assembly in 1869 four 
 \ olumes de\ oted to special legislation alone were enacted. The pro- 
 Asions adopted in 18 ( U have been effective and under modern conditions 
 there has been no demand for amplifying this section. 
 
 The introductory clause of the section has been made shorter and 
 more direct, but its meaning has not been changed. 
 
 A o change has been made in the first two provisions of the section. 
 In the next provision the words "laying out and “opening 5 * are stnony- 
 mous' and the former term has been dropped. The words “public hi°h- 
 a at s ha\ e been used as the equivalent of "roads or highways**. 
 
 In the next provision the word “highways** has again been used as 
 the equivalent of “roads * * *, streets, alleys**. 
 
 The provision as to changing county seats has been dropped as un¬ 
 necessary. This provision is duplicated in the Counties Article by a 
 section specificall} providing the manner for changing county seats, and 
 the method there gr\en is obviously exclusive. Moreover, the next pro¬ 
 vision in this section as to regulating county and township affairs would 
 include changing county seats. 
 
 The next three provisions of the section are all concerned with 
 courts. A provision similar in meaning is found in Section 50 of the 
 proposed Judiciary Article. This latter provision has been consolidated 
 v itli the thiee provisions here in question and all of them have been 
 included in this provision as here revised. The wisdom of bringing 
 together these scattered provisions will be obvious. 
 
 The pro's ision as to incorporating cities, etc., has- been reduced in 
 length, but its meaning has not been changed. 
 
 The provision as to election of boards of supervisors has been 
 dropped because its meaning is fully covered by the provision already 
 noted affecting township affairs and by the provision already noted 
 affecting the affairs of cities, towns and villages. 
 
 The provision regarding juries has been reduced in length but with¬ 
 out change in meaning. 
 
 The provisions as to public schools, rates of interest, conduct of 
 elections, sale of property of persons under disability^, protection of game 
 and fish, chartering ferries, and remitting fines, have each been some¬ 
 what rephrased but no change in meaning has been made in any of them. 
 
 The only change made by the Committee of the Whole in this sec¬ 
 tion was to permit “reasonable classification of waters** for the protec¬ 
 tion of game and fish. This amendment was made necessary by the de¬ 
 cision of the Supreme Court in the case of People v. Wilcox. 237 Ill., 
 421 (1908). In that case it was held that no distinction could be made 
 by statute between Lake Michigan and any river or stream in the State, 
 so far as regulation of fishing was concerned, because of the provision 
 here in question in the Constitution of 1870. (See Debates May 26, 
 1920, page 35; see also People v. Diekman, 285 Ill. 97, 1918). 
 
 The provision as to fees or allowances of public officers has been 
 dropped, since the purpose of this provision is fully covered by the gen¬ 
 eral provision affecting public officers as suggested in Section 21 y 2 above. 
 
 The remaining three provisions of the section have been condensed 
 without change in meaning. 
 
1921.] 
 
 COXSTITUTIOXAL COXVEXTIOX. 
 
 As thus revised, by the omission of unnecessary words and of dupli¬ 
 cated provisions, the section has been reduced in length nearly one-half. 
 
 Section 23. The first sentence of the reference draft is substan¬ 
 tially the same as Section 23, Article IV, of the present Constitution, 
 hut the provision has been extended by the Committee of the V hole to 
 include “political subdivisions of the State”. The rest of the section 
 in the reference draft is new. 
 
 If the section is analyzed it will be found to contain the following- 
 ideas : 
 
 1. No law shall release any liability due the State or any sub¬ 
 division of it including municipal corporations. 
 
 2. Statutes of limitations, however, may be passed effective 
 against such liabilities after 20 years. 
 
 3. Such statutes of limitation shall not begin to run in favor 
 of a public officer until an official audit is had. 
 
 The last two ideas are expressed in the reference draft by means 
 of provisos. The disadvantages of the use of provisos have already 
 been discussed in the previous reports of this Committee. As revised, 
 the use of the provisos has been avoided and the section has been con¬ 
 siderably shortened without any change in meaning. 
 
 The word “liability” has been substituted for the words “indebted¬ 
 ness, liability or obligation”. “Liability” is defined by the Century 
 Dictionary as “a fixed or contingent obligation”. The word obviously 
 includes an indebtedness, and is therefore an inclusive term which may 
 be used alone. 
 
 Section 2k. This section is a new one. Prior to 1915 the practice 
 had become established of permitting legislative committees to sit after 
 the final adjournment of the General Assembly and providing appro¬ 
 priations for their use after such adjournment. This practice, howe^ei, 
 was declared invalid by the Supreme Court in the case of Fergus v. 
 Russel, 270 Ill., 304 (1915). 
 
 The purpose of this section is to permit what the Supreme Court 
 held invalid under the existing Constitution. (Debates May 26, 1920, 
 page 36). The reference draft enumerates the purposes for which such 
 a committee may sit. Such a provision is unnecessary, since the Com¬ 
 mittee will have the same powers after adjournment as before if the 
 life of the Committee is continued. The language of the reference draft 
 has been condensed also in other respects, but the meaning of the sec¬ 
 tion has not been changed. 
 
 Section 25. This section concerns the power of the General Assem¬ 
 bly over impeachments. In the present Constitution the subject, of 
 impeachment is dealt with in two widely separated sections, the subject 
 is partly regulated by this section and partly by Section 15 of the Ex¬ 
 ecutive Article. Such a division of a single concise subject is inherently 
 wrong. Accordingly Section 15 of Article V has been transferred to 
 this section and has been placed at the beginning of the section where it 
 logically belongs, without material change in its wording. 
 
 Section 26. This section is a consolidation of parts of Sections ! •> 
 and 25 of Article TV of the present Constitution. However, the pro¬ 
 visions as there found have been made much broader and moie drastic. 
 
JOURNAL OF THE 
 
 [Sept. 6, 
 
 374 
 
 The Debates of the Convention (May 26, 1920, p. 37, and May 27, p. 8 
 et seq.) show a clear intention to make these provisions comprehensive 
 and severe. The section as expressed in the reference draft contains 
 three provisions: 
 
 1. No member of the General Assembly may be interested in 
 any contract with the State or any of its subdivisions, including 
 municipal corporations, if the law authorizing the contract is passed 
 during the term of such member, or during one year after he has 
 ceased to be a member. 
 
 2. All State officers are forbidden to be interested in any 
 State contract. 
 
 3. All other public officers are forbidden to be interested in 
 any contract made with any city, county, or township, etc., of which 
 they are officers. « 
 
 In the section as revised each of these provisions has been drafted in 
 a separate paragraph for purposes of clarity. 
 
 Under the language of the reference draft an important question 
 arises as to how far these provisions are self executing. If any of the 
 officers mentioned has an interest in a contract contrary to these pro¬ 
 visions, is the contract void or is it merely voidable at the option of the 
 State or county or city? There has been considerable variance in the 
 interpretation given by courts to provisions of a similar character in 
 other constitutions and in the statutes of other states. Some jurisdictions 
 hold the contracts void and others hold them merelv voidable. See dis- 
 cussion on this point in 6 R. C. L. 740 and cases there cited; see also 
 Young v. City of Mankato (Minn. 1905), 105 Northwestern, 969. The 
 better doctrine seems to be that such contracts are merely voidable at 
 the option of the State, county or city, etc., unless the language of the 
 Constitutional provision or the statute requires the contract to be held 
 void. See note to Bay v. Davidson, 9 L. R. A., N. S. 1014 (Iowa 1907). 
 There has been no construction by the courts of this State which is de¬ 
 cisive of the point, and the language of the provision in the reference 
 draft cannot be said to be decisive of it. The question here involved 
 was raised and discussed in the Debates, but a motion to reconsider the 
 section for the purpose of discussing this question was lost. (Debates 
 May 27, p. 7 et seq.) The position of the Convention on the point is 
 therefore uncertain, and the question will be left to construction by the 
 courts unless the Convention decides it by appropriate action. 
 
 Another question at once arises as to the effect of these provisions 
 on any officer who may violate them. Does he thereby oust himself from 
 office? This question was also raised in the Debates (May 27. 1920, p. 
 12) and the provision was construed as automatically rendering the 
 office vacant when the facts as to violation of the provision by any offi¬ 
 cer are disclosed. 
 
 As the first provision has been revised it expresses the intention of 
 the Convention in a somewhat more direct and shorter form than the 
 reference draft. Provisions similar to the one here in question are 
 found in a number of other state constitutions. (For list of such states 
 
CONSTITUTIONAL CONVENTION. 
 
 3?5 
 
 1921.] 
 
 see Index Digest State Constitutions, New York Constitutional Conven¬ 
 tion 1915, p. 1109). . .. , 
 
 The second provision above indicated appears m practicall) tne 
 
 same form as the reference draft. Similar provisions appear in a num¬ 
 ber of other state constitutions. (Tor list of such states see Index Di¬ 
 gest State Constitutions, New York Constitutional Convention, p. 1111). 
 
 Attention should be called to the provision appearing in the pro¬ 
 posed new Constitution for Pennsylvania. The provision there pro¬ 
 posed (Section 20, Article IV) is as follows: 
 
 “No member of the General Assembly or officer or employe of 
 the state government shall be interested in a contract with the 
 state government, or in furnishing thereto materials or supplies. 
 
 It will be noted that the provision of the reference draft applies 
 only to contracts of the State and in this respect is narrower than the 
 provisions in most other state constitutions. However, the lennstDania 
 provision as proposed extends the limitation to employes as veil as offi¬ 
 cers. In commenting on the provision the Commission which drafted 
 
 it says: (Reports of the Commission, p. 240.) 
 
 “The section as proposed extends the prohibition to all em¬ 
 ployes of the State Government, as well as to all officers. The 
 present Constitution confines the prohibition to officers/ 7 
 The change made in the Pennsylvania draft involves a change in 
 policy which does not come within the scope of the duties of this C om¬ 
 mittee. The matter is called to the attention of the Convention for such 
 action as it sees fit to take. 
 
 The third provision above indicated is a new one in the Constitution 
 of this State. The intention of the Convention as shown by the Debates 
 was to make the provision applicable only to contracts made with the 
 particular city, county, township, etc., with which the officer concerned 
 may be connected. The uncertainty of the language in the reference 
 
 draft on this point has been cleared up. ; 
 
 The obvious purpose of all of these provisions is to prevent the officeL 
 from using his official position for his own profit. 1 he pio\ision> do 
 not intend to prohibit a public officer from being interested in any con¬ 
 tract to the same extent as all other citizens. In other words, public 
 officers should not be forbidden to be interested in contracts for leasons 
 of patriotism, morality or other grounds affecting the public good. Ac¬ 
 cordingly the word “beneficial” has been inserted in all three of the pro¬ 
 visions as revised to make this point clear. 
 
 Section 27. This section is taken over without change from the 
 present Constitution. This provision first appeared in the Constitution 
 of 1848, at a time when lotteries had grown to be a matter or graw* 
 public concern. The entire purpose of the section is expressed m the 
 
 short form of the section as revised. 
 
 Section 28. This section has not been changed except to shorten it. 
 Sections 29 and 30. These sections have been consolidated in the 
 draft as revised, since they are related in form and subject matter. sec¬ 
 tion 29 of the reference draft is Section 30 of the present Constitution 
 without change. Section 30 of the reference draft is Section 31 ot the 
 
37 G 
 
 JOURNAL OF THE 
 
 present Constitution in a revised and extended form. Taken together 
 the two sections contain three ideas: 
 
 1. The General Assembly may provide for opening' private 
 roads across the land of other owners. 
 
 2. The General Assembly may provide for the opening of 
 drains, ditches and levees across the lands of other owners for cer¬ 
 tain specified purposes. 
 
 3. The General Assembly may provide for organizing drain¬ 
 age districts for certain specified purposes and for giving such dis¬ 
 tricts powers of eminent domain and special assessment as well as 
 giving them State aid. 
 
 The first two of these provisions have been put in the Constitution 
 for the purpose of rebutting limitations on the General Assembly which 
 arise from implied limitations growing out of decisions of the courts 
 as to “police power” and “due process.” The provision with reference 
 to private roads was placed in the present Constitution for the purpose 
 of obviating two decisions of the Supreme Court which had previously 
 held that the General Assembly had no such power. (Nesbitt v. Trumbo. 
 39 Ill., 110 (1866) and the Crear v. Crossly, 40 Ill., 175 (1866). (See 
 Debates 1870, p. 889.) There has been no construction of this section 
 by the Supreme Court since the section was adopted. The provision in 
 the present Constitution with reference to ditches and levees was 
 amended in 1878 for the purpose of giving the General Assembly power 
 to authorize drainage districts and give them the right to levy special 
 assessments. However, considerable doubt has arisen whether drainage 
 districts have the power of special assessment under this section and 
 under Section 9 of Article IX, which must be construed with it. There 
 is also doubt as to the power of the General Assembly to give drainage 
 districts power of eminent domain. The uncertainty about the power 
 of the General Assembly in these two respects has hampered the organ¬ 
 ization of drainage districts in many parts of the State. (See Debates 
 June 23, 1920, p. 10.) 
 
 The Committee of-the Whole has added a further provision intended 
 to authorize State aid to drainage districts. The power of the General 
 Assembly to grant State aid to such districts is probably forbidden by 
 Section 20. Article IV, of the present Constitution, although there has 
 been no express decision of the point by the courts. 
 
 It is apparent therefore that these three provisions are really excep¬ 
 tions to general provisions appearing elsewhere in the Constitution. 
 Under these exceptions the General Assembly is permitted to do certain 
 particular things which otherwise it would be prohibited from doing. 
 Accordingly it seems best to phrase the section in a form that shows 
 clearly its purpose and meaning along the lines above discussed. 
 
 The last sentence of the section has been added for the purpose of 
 negativing the implied limitations which might arise from the grants 
 of power here given. This sentence has been somewhat revised and 
 shortened, but its meaning, purpose and effect remain unchanged. 
 
 Section 31. This section is the same as Section 32 of the present 
 Constitution. It appeared in the Constitution for the first time in 1870, 
 although the rejected Constitution of 1862 (see Article XIV) contained 
 
CONSTITUTIONAL CONVENTION. 
 
 1921.] 
 
 oV * 
 
 a long and elaborate provision of a similar kind. The provision has 
 been copied into the Constitution of Colorado (Article XVIII. Section 
 1) and into the Constitution of Montana. (Article XIX, Section 4.; 
 None of the other forty-five states have any similar provision in their 
 constitutions. The reasons are obvious: First, the General Assembly 
 has the power to pass such laws without such a provision; and second, 
 although the provision is in the form of a mandate on the General As¬ 
 sembly, yet that body’s discretion in the matter is not subject to control. 
 The provision is futile from the point of view of constitutional law. 
 
 This section of the Constitution of 1870 has never been construed 
 by our Supreme Court, and since the discretion of the General Assembly 
 cannot be regulated by the court it is unlikely that the provision will be 
 construed in the future. The provisions appearing in the Constitution 
 of Colorado has been mentioned but not construed by the Supreme Court 
 of that State in Keith v. Bedwell, 52 Col., 310. The same thing is true 
 of the provision in the Constitution of Montana, where the provision 
 has been mentioned only in one case, Mennell v. Wells, 51 Mont., 141- 
 No revision of the section is suggested; if the section is to remain, 
 the form of the section appearing in the reference draft need not be 
 changed. However, for the reasons already given, the omission of the 
 section from the Constitution is suggested. 
 
 Section 32. This section is a new one. The purpose of the section 
 is to permit the regulation of public pension systems, whether of the 
 State or of any county or city, etc., in three respects: 
 
 1. By permitting the pension systems to be put upon a sound 
 actuarial basis, so that the amounts contributed by the employes and 
 the public will be sufficient to keep'these systems in a solvent con¬ 
 dition. 
 
 2. By authorizing the State, County or City, etc., to give the 
 employe a vested interest in the accumulated portion of his pension. 
 
 3. By forbidding any financial burden to be placed on the 
 State, County or City, etc., for the purpose of making up deficiencies 
 in pension systems. 
 
 The pension laws now in force have been sustained under the present 
 Constitution. (Hughes v. Traeger, 264 Ill., 612, 1914; People v. Abbott, 
 274 Ill., 380, 1916.) The system generally established by these laws is 
 for the State, County or City, etc., to contribute the major part of the 
 pension fund and the minor part to be deducted from the pay of the 
 employe. The systems are therefore partly gratuitous and partly sup¬ 
 ported by the employes; but the entire fund is held to be “public money,’’ 
 not withstanding the fact that a considerable part of it has been deducted 
 from the wages of the employes. Moreover, under the present Consti¬ 
 tution the employe has no vested interest in the fund ; he has only an 
 expectancy created by the law, which the law may at any time revoke 
 or destroy. (Pennie v. Peis. 132 TJ. S., 464; also Illinois cases cited 
 above.) In view of the unsettled state of the law so far as constitutional 
 restrictions are concerned, the General Assembly has, so far, hesitated to 
 attempt a modern revision of the pension laws of the Stale. Theie aie, 
 however, as has already been stated, numerous pension systems in opei- 
 ation, most of them organized under separate laws; and it is estimated 
 
378 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 that more than 60,000 public employes in the State are interested in 
 these pension systems. It is hoped by the advocates of this section that 
 it will crystalize and settle the legal status of these pension systems and 
 will permit the General Assembly to proceed to put them on a sound 
 actuarial basis so far as that may be done. 
 
 It should be borne in mind, however, that this provision is merely 
 an authorization to the General Assembly and is in no way self executing. 
 The provision does not afiect the status of any of these systems, nor does 
 it affect any person who is a pensioner under them. In other words, 
 the entire purpose of the section is to untie the hands of the General 
 Assembly regarding these pension systems. 
 
 The Debates in Committee of the Whole indicate that some mem¬ 
 bers of the Convention were concerned lest the State, County, or City, 
 etc., might be required to make good deficiencies in some or all of 
 these pension systems. However, the provision outlined in No. 3 above 
 was inserted for the purpose of preventing any such possibility. By 
 this provision the General Assembly is forbidden to enact (1) any law 
 giving the employe a vested interest in any public funds other than those 
 accumulated for pension purposes, and (2) any law adding a financial 
 burden to the State, County, or City, etc., which has established the 
 
 pension system. , 
 
 Added Section. This section is a revision of Deference Ao. 18, m 
 regard to Forestry, and is a new provision in the Constitutional law of 
 
 this State. The section consists of two parts: 
 
 1. A mandate on the General Assembly to pass laws encourag¬ 
 ing forestry. . * 
 
 2. A provision which is really an exception to the Revenue 
 
 Article permitting the classification of forest lands for purposes of 
 
 taxation. . . 
 
 The section as revised has been changed only m minor details trom 
 
 the form in which it appears in the reference draft. 
 
 This reference proposal (Bef. No. 18) obviously belongs m the 
 Legislative Article and has therefore been incorporated here. 
 
 Added Section. This section is a revision of Reference No. 21, con¬ 
 cerning Amendments to the Federal Constitution, and is also a new 
 provision in the constitutional law of this State. Its purpose is to per¬ 
 mit the people of the State to have an indirect referendum on a proposed 
 amendment to the United States Constitution. In other words, the 
 people of the State are given the right to express themselves at an elec¬ 
 tion on a proposed amendment by voting for candidates who may be 
 
 pledged one way or the other as to the amendment. 
 
 The reference draft attempts to reach this result by requiring a 
 number of procedural steps whenever a Federal amendment is proposed. 
 The simpler way to reach the result intended is to require the elec ion 
 to be held before the amendment may be considered by the proper aut fi or " 
 ities of the State. If this is done it is unnecessary to provide the method 
 for considering the amendment, since the existing law takes care of 
 that matter. The section has accordingly been revisedl along the lines 
 here suggested. As revised it is m the general form adopted by Florida 
 
CONSTITUTIONAL CONVENTION. 
 
 379 
 
 1921.] 
 
 (XVI-19) and Tennessee (11-32), which are the only states m the 
 Union having similar provisions in their constitutions. 
 
 The reference draft has in it an obvious defect since it assumes 
 that Federal Amendments may be considered only by the General As¬ 
 sembly. The Federal Constitution provides that its amendments may 
 be considered in the states either by a convention called for the pur¬ 
 pose or by the General Assembly of the State. The reference aiaf't o^ei- 
 looks the former method, and this oversight has been collected in the 
 
 section as revised. 
 
 The subject matter of this provision (Reference No. 21) is inti¬ 
 mately connected with the subject of legislation. It therefore logically 
 
 belongs in this article. 
 
 Report No. 13. 
 
 YOUR COMMITTEE ON PHRASEOLOGY AND STYLE, TO 
 WHICH WAS REFERRED A PROPOSAL ENTITLED 
 CANALS AND WATERWAYS, (INTRODUCTION NO. 377, 
 REFERENCE NO. 16) AS AMENDED IN COMMITTEE OF 
 THE WHOLE, RESPECTFULLY REPORTS THAT IT HAS 
 CONSIDERED SUCH PROPOSAL AND HEREWITH SETS 
 FORTH IN PARALLEL COLUMNS SAID PROPOSAL AS 
 ADOPTED IN COMMITTEE OF THE WHOLE ON THE 
 LEFT AND A SUBSTITUTE THEREFORE AS RECOM¬ 
 MENDED BY THIS COMMITTEE ON THE RIGHT. 
 
 Resolved That the following shall become a part of the Constitu¬ 
 
 tion of Illinois: 
 
 The Illinois Waterway and Illinois j 
 and Michigan Canal. 
 
 Section 1. Bonds in the sum of 
 twenty million dollars heretofore 
 authorized under and pursuant to an 
 amendment to the Constitution of 
 1870, ratified by the voters on No¬ 
 vember 3, 1908, and proclaimed 
 
 adopted November 24, 1908, for the 
 construction, maintenance and equip¬ 
 ment of the Illinois Waterway and 
 its appurtenances, when issued and 
 sold, shall be valid obligations of the 
 State, and the proceeds thereof shall 
 he applied to the purposes for which 
 they were authorized. 
 
 Section 2. The General Assembly 
 may make either additional appro¬ 
 priations or may authorize bonds to 
 be issued and sold for the construc¬ 
 tion, maintenance, operation, exten¬ 
 sion, enlargement or equipment of 
 the Illinois Waterway, or its ap¬ 
 purtenances, in addition to the bonds 
 heretofore authorized; but the aggre¬ 
 gate amount of all such additional 
 appropriations and bonds, except as 
 
 Section 1. (Reference Sections 1, 
 2, 3 and 6.) In addition to the pro¬ 
 ceeds of the twenty million dollars 
 of bonds heretofore authorized for 
 the deep waterway, ten million dol¬ 
 lars may be expended therefor and 
 all or part thereof secured by issu¬ 
 ing bonds. The State shall make no 
 other expenditure for any canal or 
 waterway or appurtenance thereto 
 except from the income thereof un¬ 
 less the expenditure is approved by 
 a majority of all those voting at a 
 general election. 
 
 (Combined with Section 1.) 
 
380 
 
 JOURNAL OF THE 
 
 [Sept. 6. 
 
 otherwise provided in Section 3 of 
 this article, shall not exceed ten 
 million dollars, unless the law malt¬ 
 ing such appropriations or authoriZ' 
 ing such bonds 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. 
 
 Section 3. The gross or total pro¬ 
 ceeds, receipts and income of the 
 Illinois Waterway and its appurte¬ 
 nances, and of the Illinois and Mich¬ 
 igan Canal, may be appropriated or | 
 pledged for the construction, main¬ 
 tenance, operation, extension, en¬ 
 largement, or equipment of such 
 waterway and its appurtenances, or 
 of such canal. 
 
 Section 4. No waterway or canal 
 owned or improved by the State 
 shall be sold or leased, except as 
 provided herein, until the specific 
 proposition for the sale or lease 
 thereof shall have been submitted 
 to the electors of the State at a gem 
 eral election and approved by a ma¬ 
 jority of those voting at the elec¬ 
 tion. 
 
 Section 5. The General Assembly 
 may authorize the lease of the Illi¬ 
 nois and Michigan Canal, or any 
 part thereof, or to provide terminals 
 in connection with the Illinois 
 Waterway or other navigable chan¬ 
 nel. Such terminals shall be for 
 public use upon equal terms. 
 
 Section 6. No appropriation for 
 the Illinois’ and Michigan Canal 
 shall be made from the State treas¬ 
 ury, except from the special fund in 
 the treasury arising from the pro¬ 
 ceeds, receipts and income of such 
 canal. Otherwise than as in this 
 article provided, the General As¬ 
 sembly shall never loan the credit 
 of the State or make appropriations 
 from the treasury thereof in aid of 
 canals. 
 
 (Combined with Section 1.) 
 
 Section 2. (Reference Sections 4, 
 5 and 7.) No canal or waterway or 
 integral part thereof, owned or im¬ 
 proved by the State shall be leased 
 or sold, except upon approval of a 
 majority of all those voting at a 
 general election. The General As¬ 
 sembly, however, may authorize the 
 lease of the Illinois and Michigan 
 Canal, or any part thereof, to pro¬ 
 vide terminals in connection with 
 other navigable channels; such ter¬ 
 minals to be for public use without 
 discrimination. Leases of State 
 canals and waterways and of State 
 property held in connection there¬ 
 with shall be subject to revaluation 
 every twenty years. 
 
 (Combined with Section 9 ' 
 
 (Combined with Section 1.) 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 381 
 
 Section 7. Leases for water power 
 or railway or terminal purposes 
 shall be subject to a revaluation for 
 each twenty years of the term 
 created. 
 
 (Combined with Section 2.) 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 Thos. Rinaker. 
 
 Charles B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 Committee on Phraseology and Style. 
 
 IN RE PROPOSAL NO. 377. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 377, being a Proposal 
 entitled Canals and Waterways. 
 
 The subject of Canals was not mentioned in the Constitution of 
 1818 nor in the Constitution of 1848. The proposed constitution of 
 1862 was likewise silent on the subject. In 1870 the Convention adopted 
 a provision which appears in “Separate Section 4“' of the present Con¬ 
 stitution. The provision was simple and consisted of two short para¬ 
 graphs. It forbade the sale or lease of the Illinois and Michigan Canal 
 or any other canal “owned by the State”, except on referendum; and 
 it forbade also appropriations to canals or railroads, except that the sur¬ 
 plus earnings of a canal might be used for its maintenance or extension. 
 The Debates of the Convention of 1870 show that the section was adopted 
 for two reasons. In the first place, it was intended to prevent the rail¬ 
 roads from buying up or leasing the Illinois and Michigan Canal for 
 the purpose of driving out competition (Debates, pp. 311, 470) ; and in 
 the second place, to prevent the canal from becoming a burden on the . 
 State. (Debates, pp. 484-487.) 
 
 By a constitutional amendment adopted in 1908, two further para¬ 
 graphs were added to the section. The purpose of the amendment was 
 likewise two-fold. It permitted the General Assembly to provide for the 
 construction of a “deep waterway” from Lockport to Utica anu author¬ 
 ized the expenditure of twenty million dollars for that work; and it 
 provided that leases of water power developed from the waterway might 
 be made, but the income from such leases must be paid into the State 
 treasury and the leases must be subject to revaluation every ten years. 
 
 The provisions of the section as they existed prior to 1908 gave 
 rise to comparatively little difficulty, and the Supreme Court has been 
 called upon to construe them in only three cases. The first of these 
 provisions was in fact not enforced until the case ot Burke v. Snivelv, 
 208 Ill. 328, was decided in 1904. That case terminated the practice 
 which had grown up in the General Assembly of making biennial ap¬ 
 propriations to pay deficits in the operation of the canal, the second 
 provision as adopted in 1870 seems likewise to have been given little 
 practical consideration for nearly forty years after its adoption. In 
 
JOURNAL OF THE 
 
 | Sept. 6, 
 
 1909 the Supreme Court, in the case of City of Chicago v. Green, 238 
 Ill., 258, gave this provision a narrow construction. The court held that 
 the provision forbade even the granting to the City of Chicago of the 
 right to maintain a sewer under the canal, and that the most that could 
 be granted in view of this provision was a license revocable at the will 
 of the State. 
 
 The reference draft has enlarged the subject of Canals and Water¬ 
 ways and made of it a separate article containing seven rather long sec¬ 
 tions. The subject seems thereby to be given a significance out of line 
 with the established constitutional policy of the State and out of pro¬ 
 portion with the importance of the subject-matter involved. Moreover, 
 the elaborate and complex wording of the proposal as adopted seems un¬ 
 necessary to accomplish the intention of the Convention. The proposal 
 therefore has been revised and consolidated into two sections, which in¬ 
 clude all the ideas of the seven sections of the reference draft. In view 
 of the complete revision made, a detailed explanation of the various 
 changes suggested in the wording of the sections is not practicable. 
 
 Section 1. This section has only one purpose, namely, to reaffirm 
 the validity of the bond issue for the Illinois Waterway previously author¬ 
 ized bv the General Assemblv acting under the Amendment of 1908, As 
 the section is worded, however, it is open to an unfortunate construction: 
 it seems to intimate that this bond issue may be of questionable validity 
 at the present time. This construction is due to the fact that the section 
 purports by its terms to make the bond issue “valid”. The only neces- 
 sitv for anv such recital as that contained in the section grows out of 
 the other provisions of the article, which contain inclusive limitations 
 affecting all appropriations or bond issues for canals. As the provision 
 has been revised this possible misconstruction has been avoided. 
 
 In the Constitutional Amendment of 1908 the term “deep water¬ 
 way” is used to describe the proposed canal. The General Assembly, 
 by an Act approved June’ 18, 1915, provided for “the construction of a 
 deep waterway or canal to be known as the Illinois Waterway”. This 
 act was repealed by the Act of June 17, 1919, (Hurd’s Revised Statutes. 
 Chap. 19, Sections 76 to 104), which is now the law under which the 
 work is being carried on. The first section of that act provides: 
 
 A deep waterway shall be constructed from the water power 
 plant of the Sanitary District of Chicago, at or near Lockport, in 
 the township of Lockport, in the County of Will, to a point in the 
 Illinois River at or near Utica. Such waterwav shall be known as 
 “The Illinois Waterwav”. 
 
 By another act, also approved June 17, 1919, (Hurd’s Revised 
 Statutes, Chap. 19, Section 105 to 117) the General Assembly provided 
 for the issuing of bonds to pay for the canal. By Section 1 of that act 
 the bonds were to be issued “for the purpose of constructing a deep 
 waterway”, the extent of which is described as in the quotation just 
 given; and by Section 2 it is provided that: “Said bonds shall be known 
 as Hllinois Waterway bonds’ ”. It thus appears that the term “Illinois 
 Waterway” is used in both of the acts of the General Assembly provid¬ 
 ing for the canal; but it also appears that both of these acts use the term 
 “deep waterway” as well, which, as already noted, is the term used in the 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 present Constitution. There is no reason why the canal may not be 
 given a special name by statute, but for the purpose of the Constitution 
 ft seems best to stick to the already recognized constitutional term deep 
 waterway”. This term has accordingly been used m the provision as 
 revised instead of the term “Illinois Waterway and its appurtenances , 
 
 which appears in the reference draft. , 
 
 Section 2. This section of the reference draft purports to do onlj 
 two things: It permits the General Assembly to provide an additional 
 amount up to ten million dollars for the completion of the deep water- 
 wav: but any further sum for an} r canal or waterway in the State must 
 be approved at a referendum. In the provision as leased these tv o 
 ideas have been expressed in a simpler and shorter form than m the 
 
 reference draft, but without change in meaning. 
 
 Section 3 . This section as revised is intended to reenact the second 
 paragraph of “Separate Section 4” of the present Constitution, permit¬ 
 ting the income of a state canal to be used for its maintenance 01 exten¬ 
 sion. The Constitution of 1870 made this provision applicable to “any 
 canal, waterway or water power” belonging to the State, while the ref¬ 
 erence draft limits the application of the section to the Illinois AA Mem 
 way and its appurtenances and the Illinois and Michigan Canal . 
 Under present conditions the same result is accomplished by eithei . ex¬ 
 pression, since the two canals mentioned are in fact the only canals now 
 owned by the State. However, it is possible for the General Assembly 
 under this proposal to provide in the future for other State owned oi 
 State operated canals b}' securing approval from the people at a lefeien- 
 dum. If in the future further canals or waterways should be acquired 
 by fhe State, the provisions of this section should apply to such canals 
 or waterways. Accordingly the words “any canal or waterway” have 
 
 been restored to the provision as revised. 
 
 Section U This section also merely reenacts part of “Separate Sec¬ 
 tion 4” of the present Constitution. In other words, this section re¬ 
 quires a referendum on the sale or lease of any state canal or waterw a.^ 
 except as otherwise provided in the article. The language of the ref¬ 
 erence draft has been substantially adopted in the provision as revised. 
 
 The words “or integral part thereof” have, however, been added 
 after the word “waterway”. Under the language of the reference draft 
 the question might arise as to the sale or lease of some incidental prop¬ 
 erty owned by the canal which would produce revenue for the State, but 
 which would not be of sufficient significance to justify a State-wide ref¬ 
 erendum. Thus there might be certain equipment which was not used 
 because it w r as obsolete or had become useless for the purpose of the 
 canal. Under the provision of the reference draft no sale or lease of 
 such property could be made without a referendum. 1 here is no reason 
 for making the section applicable to insignificant sales ol obsolete prop¬ 
 erty, or even to the sale or lease of incidental lands or property which 
 do not make up an integral part of the canal. The word integral is 
 defined by the Century Dictionary as “belonging as a part to the whole, 
 and not a mere appendage to it”. r I he provision as thus revised con¬ 
 tains an ample guarantee along the lines intended and } c I permits a 
 
384 
 
 JOURNAL OF THE 
 
 [ Sept. 6 ,. 
 
 certain limited discretion to be exercised in regard to sales or leases of 
 canal property witkout the expense or delay of a State-wide referendum. 
 
 Section 5. This section is really an exception to the previous sec¬ 
 tion, since it permits the General Assembly to lease the Illinois and 
 Michigan Canal or any part of it for the particular purpose mentioned 
 and under the terms described. The section has been incorporated v. ith- 
 out substantial change in its wording into Section 2 of the proposal as 
 revised. 
 
 Section 6. This section contains two provisions: First, it forbids 
 any appropriation for the Illinois and Michigan Canal except from its 
 income; and second, it contains a blanket provision forbidding the State 
 to use its funds or credit in aid of any canal, except as authorized in 
 the article. Both of these provisions have been incorporated without 
 change in meaning into Section 1 of the proposal as revised. 
 
 Section 7. This section provides for the revaluation every twenty 
 years of leases made under authority of the article. The language of 
 the reference draft, however, applies to leases for water power or rail¬ 
 way or terminal purposes”. This language is much broader tnan the 
 subject-matter of the article; properly construed it would cover leases 
 of State property for railway purposes or for any terminal purpose which 
 might be entirely disconnected from canals or waterways. It seems c ear 
 from the context of this section and the other sections of the article that 
 the provision here in question was intended to be applicable only to leases 
 made by the State in connection with its canals and waterways. Ac¬ 
 cordingly this section has been consolidated with Section 2 of the pro¬ 
 posal as revised, and it has been changed along the lines suggestec. 
 
 Report No. 14. 
 
 YOUR committee on phrasology and style, to 
 
 WHICH WAS REFERRED A PROPOSAL IN RELATION TO 
 LAND CREDITS (INTRODUCTION NO. 361, REFERENCE 
 NO 10) AS AMENDED IN COMMITTEE OF THE 
 WHOLE, RESPECTFULLY REPORTS THAT IT HAS CON¬ 
 SIDERED SUCH PROPOSAL AND HEREWITH SETS 
 FORTH IN PARALLEL COLUMNS SAID PROPOSAL AS 
 ADOPTED IN COMMITTEE OF THE WHOLE ON THE 
 LEFT AND A SUBSTITUTE THEREFOR AS RECOM¬ 
 MENDED BY THIS COMMITTEE ON THE RIGHT. 
 
 Resolved That the following shall become a part of the Constitu¬ 
 
 tion of Illinois: 
 
 Section —. The General Assembly 
 shall have authority to provide for 
 the establishment, maintenance and 
 administration of funds to be loaned 
 upon the security of farm lands of 
 this State, without reference to any 
 limitations elsewhere contained in 
 this Constitution. The State, how¬ 
 ever, shall not make any appropria- 
 
 Section —. The General Assembly 
 may provide for lending money upon 
 farm lands in the State, but the act 
 providing therefor and amendments 
 thereto shall be approved by a ma¬ 
 jority of those voting on the ques¬ 
 tion at a general election. Such 
 loans shall be secured by mortgages 
 or deeds of trust made by those 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 385 
 
 tions or become indebted in any 
 manner for the establishment, main¬ 
 tenance and administration of such 
 funds unless the question of making 
 such appropriation or incurring such 
 indebtedness shall be submitted to 
 the voters at a general election and 
 be approved by a majority of those 
 voting on the question. Such farm 
 loans shall be secured by mortgages 
 or deeds of trust and shall be made 
 only to persons who own, occupy 
 and cultivate the lands pledged as 
 security. Reasonable preferences 
 may be provided for honorably dis¬ 
 charged persons who have served in 
 the military or naval forces of the 
 United States. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 
 Tnos. Rinaker. 
 
 Charles B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 
 Committee on Phraseology ancl Style. 
 
 IN RE PROPOSAL NO. 361. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 361, being a Proposal 
 
 in Relation to Land Credits. 
 
 This proposal would incorporate a new policy into the Constitution 
 of the State. Its purpose is to permit the General Assembly to pass 
 legislation similar to the Federal Farm Loan Act of July 17, 1916. 
 
 Since the Federal Act was passed four states have taken some legis¬ 
 lative action in the same direction. Oregon adopted an amendment to 
 its Constitution in 1916 (Article XIA, Sections 1-11), and passed a 
 statute (Chap 398, General Laws of Oregon, 1917), carrying the amend¬ 
 ment into effect. Xorth Dakota adopted an amendment in 1915. (Con¬ 
 stitution, Article IX, Section 158.) Kansas adopted a constitutional 
 amendment in 1920. (Article XV, Section 11.) But neither of these 
 latter states has so far passed the necessary enabling legislation. In 
 South Dakota legislation has been passed (Chap. 333, Laws of 1917) 
 without a constitutional amendment. Forty-three states of the Union 
 have so far taken no action along the lines of this proposal. 
 
 There is no doubt that a constitutional amendment is necessary in 
 Illinois if the State is to extend its aid to a program of farm land 
 credits. Article IX, Section 5, of the present Constitution forbids the 
 State from engaging in the banking business in any manner, while 
 Article IV, Section 20, forbids the State to lend its credit to any cor¬ 
 poration, association or individual. This proposal therefore becomes 
 in one sense an exception to each of the constitutional provisions just 
 mentioned. 
 
 —25 C J i 
 
 owning, occupying or cultivating the 
 lands pledged. Reasonable prefer¬ 
 ences concerning loans may be given 
 to persons honorably discharged 
 from the armed forces of the United 
 States. 
 
386 JOURNAL OF the [Sept. 6, 
 
 If the provisions of the reference draft are analyzed they will he 
 found to contain the following ideas: 
 
 1. The General Assembly is given specific authority to pro¬ 
 vide for the establishment and maintenance of funds to be used 
 for the purposes described in the proposal. 
 
 2. The money is to be loaned upon the security of farm lands 
 in this State. 
 
 3. The State cannot appropriate any money or become in¬ 
 debted for this purpose without approval by the people at a refer¬ 
 endum. 
 
 4. The loans shall be secured by mortgages or deeds of trust. 
 
 5. The loans shall be made only to persons who own, occupy 
 or cultivate the lands pledged. 
 
 6. Beasonable preference in regard to loans may be given 
 persons honorably discharged from the armed forces of the United 
 States. 
 
 The first provision has been somewhat condensed as revised by 
 simply providing that the State may lend money upon farm lands. It 
 is obvious that if the State may lend money it must have the inherent 
 power to provide for the “establishment, maintenance and administra¬ 
 tion” of the funds loaned. The words quoted have accordingly been 
 dropped. 
 
 The second provision has been adopted in practically the same words 
 as the reference draft. 
 
 If the third provision is considered it will be apparent from its con¬ 
 text, and from the context of the entire proposal, that the referendum 
 intended is on the question of policy involved, namely, whether the State 
 shall embark on a program of farm loans. The language of the refer¬ 
 ence draft, however, does not accomplish this result, since it provides 
 for a referendum on “appropriations” or “indebtedness”—although these 
 matters chronologically would not come up for consideration until after 
 the question of policy has been decided. Accordingly the provision has 
 been revised to require a referendum on the question of policy here con¬ 
 cerned, rather than on the question of financing the program. The 
 latter question is covered elsewhere in the Constitution. The proposed 
 new Constitution, Article IV, Section 18, provides that no debt shall be 
 incurred by the State (with certain exceptions not here concerned) 
 unless the debt has been approved in the State at a referendum. Ac¬ 
 cordingly it will be necessary, under this proposal as revised, first, to 
 secure a referendum on the question as to whether the State shall engage 
 in the business of farm loans, and second, to secure a referendum on the 
 question of incurring any State debt for this purpose. 
 
 Of course it will be possible for the General Assembly to appropri¬ 
 ate money without a referendum if no debt is to be incurred—provided 
 the program of farm loans has been approved by the people. But the 
 State can hardly embark on any real scheme in this direction with funds 
 derived solely from appropriations; a bond issue is probably a prere¬ 
 quisite. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 387 
 
 The fourth and fifth provisions of the reference draft have been 
 revised in substantially the same form as the reference draft. 
 
 The last provision above outlined has also been revised in a form 
 which is obviously the same as that of the reference draft, except for 
 certain minor corrections. The “preferences” should not be general in 
 scope, but should be limited specifically to the purpose of this proposal. 
 Accordingly the words “concerning loans” have been incorporated after 
 the word “preferences.” The phrase “armed forces of the United States” 
 has been substituted for the words “military or naval forces of the 
 T nited States. This change is in line with the consistent phraseology 
 •adopted by this Committee in its previous reports. 
 
 Report No. 15. 
 
 YOUR COMMITTEE OX PHRASOLOOY AND STYLE, TO 
 WHICH WAS REFERRED SECTION 5 AND AMENDED 
 SECTION 8 OF PROPOSAL NO. 374, A PROPOSAL TO PRO¬ 
 VIDE FOR HOME RULE FOR MUNICIPALITIES (REFER¬ 
 ENCE NO. 13) AS AMENDED IN COMMITTEE OF THE 
 WHOLE, RESPECTFULLY REPORTS THAT IT HAS CON¬ 
 SIDERED SUCH PROPOSAL AND HEREWITH SETS 
 FORTH IN PARALLEL COLUMNS SAID PROPOSAL IS 
 ADOPTED IN COMMITTEE OF THE WHOLE ON THE 
 LEFT, AND A SUBSTITUTE THEREFOR AS RECOM¬ 
 MENDED BY THIS COMMITTEE ON THE RIGHT 
 
 Resolved, That the following shall become a pari of the Constitu¬ 
 tion of Illinois: 
 
 Section 5. No law shall be passed 
 by the General Assembly granting 
 the right to construct or operate any 
 public utility within any city, vil¬ 
 lage or incorporated town requiring 
 the occupation or use of streets, 
 alleys or public ways by permanent 
 fixtures or equipment, without re¬ 
 quiring the consent of the corpor¬ 
 ate authorities. 
 
 Zoning. 
 
 Section 8. In aid of the public 
 health, safety, comfort and welfare, 
 and for the conservation of the tax¬ 
 able value of property throughout 
 the municipality, any city, village 
 or incorporated town may adopt 
 equitable regulations governing the 
 character and intensity of the use of 
 lot areas and limiting buildings and 
 structures of every kind according 
 to their use or construction, or both, 
 to specified districts of such munici¬ 
 pality. Authority to adopt such 
 regulations shall be deemed to be in- I 
 
 Section 5. The General Assembly 
 shall not grant the right to occupy 
 the streets or public grounds of any 
 municipal corporation without its 
 consent. 
 
 Zoning. 
 
 Section 8. Reasonable regulations, 
 which have been or may be made by 
 municipal corporations, governing in 
 specified zones the use and appear¬ 
 ance of lands and the character, use 
 and appearance of structures, shall 
 be valid. 
 
388 
 
 JOURNAL OF THE 
 
 [Sept. 
 
 eluded within the police power and 
 within the powers of local govern¬ 
 ment vested in cities, villages and 
 incorporated towns under this con¬ 
 stitution. This provision shall apply 
 to any statute or ordinance hereto¬ 
 fore passed whose provisions are 
 within the terms of this section. 
 
 Nothing in this provision shall be 
 construed to diminish in any way 
 the police power in the full extent 
 in which it would obtain without 
 this provision. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 
 Thos. Rinaker. 
 
 Charles B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 
 Committee'on Phraseology and Style. 
 
 IN RE PROPOSAL NO. 374. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 374, being Two 
 Sections From the Proposal in regard to 
 Home Rule for Municipalities. 
 
 Section 5. This section in the form adopted hv the Committee of 
 the Whole somewhat resembles Section 4 of Article XI of the present 
 Constitution; but in effect the proposed section is so much wider than 
 the existing provision that it really establishes a new policy in the con¬ 
 stitutional law of this State. Two things are significant about the sec¬ 
 tion as adopted in the reference draft: 
 
 1. The section is transferred from the article on Corpora¬ 
 tions to the proposal on “Home Kule for Cities.” 
 
 2. The application of the section is enlarged from “street rail¬ 
 roads” to “any public utility.” 
 
 The Debates (June 29, 1920, pp. 28-30) show, however, that the 
 intention of the Convention was to make the proposal even broader 
 than is indicated by the reference draft; for it appears that the real 
 intention of the Convention is to make the section applicable to any 
 individual as well as any public utility whenever the streets or public 
 grounds of a municipal corporation are put to a special use. In other 
 words, any corporation or person using the streets or public grounds of 
 a city for a special use which requires a franchise, must get the consent 
 of the municipal corporation, and such consent cannot be granted by 
 the General Assembly. 
 
 This policy is in accordance with that adopted in a number of other 
 states and with the advancing tendency toward home rule which has been 
 characteristic of the law in this country during the last decades. Thus,. 
 Alabama, California, Colorado, Kentucky, Missouri, North Dakota, South 
 Dakota and Virginia all have constitutional provisions which go much 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 389 
 
 farther than that found in the present Constitution of this State and are 
 obviously in line with the purpose of the present proposal as indicated 
 by the Debates of this Convention. The most recent constitutional pro¬ 
 vision is that found in the Constitution of Michigan, adopted in 1908, 
 where the provision is as follows (Article VIII, Section 28) : 
 
 “No person, partnership, association or corporation operating 
 a public utility shall have the right to the use of the highways, 
 streets, alleys or other public places of any city, village or township 
 for wires, poles, pipes, tracks or conduits, without the consent of the 
 duly constituted authorities of such city, village or township; nor 
 to transact a local business therein without first obtaining a fran¬ 
 chise therefor from such city, village or township. The right of all 
 cities, villages and townships to the reasonable control of their 
 streets, alleys and public places is hereby reserved to such cities, 
 villages and townships.” 
 
 The provision found in the Constitution of Virginia, adopted in 
 1902, is as follows (Article VIII, Section 124) : 
 
 “No street railway, gas, water, steam, or electric heating, elec¬ 
 tric light or power, cold storage, compressed air, viaduct, conduit, 
 telephone, or bridge company, nor any corporation, association, per¬ 
 son, or partnership, engaged in these or like enterprises, shall be 
 permitted to use the streets, alleys or public grounds of a city or 
 town without the previous consent of the corporate authorities of 
 such city or town.” 
 
 The provision found in the Constitution of Alabama, adopted in 
 1901 (Article XII, Section 220), and that found in the Constitution 
 of Colorado, adopted as an amendment in 1902 (Article XX, Section 
 4), are of like import. The provisions found in Kentucky, Missouri, 
 North Dakota and South Dakota are interesting but are not so recent, 
 and therefore not so comprehensive, and need not be quoted in this 
 memorandum. 
 
 It will be noted that all of these provisions give to municipal cor¬ 
 porations a large measure of home rule in the matters concerned. The 
 revision of the reference draft here suggested attempts to reach the same 
 result as that secured by the provisions above quoted, but in a more com¬ 
 prehensive and yet simpler form. 
 
 Something should perhaps be said about some of the detailed 
 changes suggested by your committee. The words “permanent fixtures 
 and equipment” were discussed at some length in the Debates. (June 
 29, 1920, page 28.) The words are new in constitutional law and in¬ 
 troduce an uncertain element. They do not appear in the Constitution 
 of 1870, nor can any similar language be found in the constitutional 
 provisions of any of the fifteen other states having somewhat similar 
 provisions to the one in question. Your committee feels that the use of 
 these words is unfortunate, since it cannot be said what a “permanent 
 fixture” will be held to include. Does permanent mean five years, ten 
 years, fifty years, or perpetual? Your committee cannot answer these 
 questions, and believes that no answer can be given — except the arbitrary 
 answer which would of course have to be given finally bv the court. 
 
390 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 Again, what is meant by the words “occupy * * * by * * * 
 equipment?” Of course a street car track and the street cars resting 
 thereon clearly come within the meaning of these words. But what 
 about a bus line regularly running on the same street—does it occupy 
 the street with its equipment? Here also a court some day must give 
 an arbitrary answer to this question. In view of the uncertainty of the 
 meaning of these words, and in view of the further fact that no similar 
 words appear in any other Constitution, so far as your committee has 
 been able to determine, this language has been dropped. 
 
 The word “occupy” has given your committee some concern. There 
 is no doubt it was the intention of the Convention to use a word which 
 would be applicable to the space below as well as above the surface of 
 the ground; that is, the limitation should apply to such a structure as 
 telephone wires or poles above the ground, and also to gas mains or con¬ 
 duits below the surface of the street. After full consideration of this 
 point your committee has retained the word “occupy” on the understand¬ 
 ing that it covers everything that was intended by the Convention. The 
 Century Dictionary defines “occupy” as “to take possession of and retain 
 or keep; enter upon the possession or use of; hold and use.” Under this 
 meaning it seems reasonable to say that not only the surface of a street 
 or other public ground, but also the area either under or over the surface 
 is included. It is in this wide sense that your committee has used the 
 word “occupy.” 
 
 Your committee has also dropped the words “corporate authorities.” 
 These words do not appear in Section 4 of Article XI, from which the 
 idea of this section has (as already stated) been taken. The words 
 there used were “local authorities.” In Section 9 of Article IX of the 
 present Constitution the words “corporate authorities” are used in a 
 provision permitting the General Assembly to vest municipalities with 
 power to make local improvements by special assessments. These words 
 as there used gave rise to a large amount of litigation. The words were 
 taken from the Constitution of 1848, and beginning with the case 
 Harward v. St. Clair Drainage Co., 51 Ill. 130 (1869), and down to the 
 case of People v. Bloch, 376 Ill. 386 (1916), and People v. County of 
 Williamson, 386 Ill. 44 (1918), these words have given rise to many 
 questions of interpretation which eventually found their way to the 
 Supreme Court. All of these questions are avoided if these words are 
 not used; and yet no one can fairly say that the same guarantee of lawful 
 action on the part of the municipality in question is not secured by the 
 language used in the draft of your committee. 
 
 Section 8. In order to understand the purpose and scope of the 
 proposal on zoning it will be helpful to consider in outline the historical 
 development of the subject and the experience of other jurisdictions in 
 dealing with it. 
 
 The last two decades have seen widespread interest developed in 
 the matters of city planning and zoning. The well known Chicago Plan 
 Commission need only be mentioned in this connection. Other large 
 cities, including Xew York, St. Louis, Milwaukee and Cleveland, have 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 391 
 
 adopted more or less systematic schemes for city planning. (Debates, 
 June 24, 1920, p. 56.) This interest in the subject has resulted in 
 legislation in a number of states. The two states having the two largest 
 cities of the country have passed rather elaborate zoning acts within the 
 last few years; New York in 1916, and Illinois in 1919. Massachusetts 
 was the first state (and so far is the only one) to adopt constitutional 
 provisions on the subject, which it did by amendment in 1918. The Illi¬ 
 nois Act is in many respects more far reaching and more advanced than 
 any other legislation so far adopted; it probably represents the best and 
 latest thought on the subject from the legal as well as the civic and archi¬ 
 tectural point of view. That act authorizes cities to exercise wide powers 
 of control over land and buildings and to regulate them in the following 
 respects: 
 
 1. To limit the height of buildings. 
 
 2. To limit the “bulk” of buildings. 
 
 3. To limit the lot area which may be built upon. 
 
 4. To fix the area of yards and open spaces. 
 
 5. To restrict the location of trades and industries to par¬ 
 ticular districts. 
 
 6. To exclude certain trades or industries from prescribed dis¬ 
 tricts. 
 
 There has been so far no real test of the. constitutionality of such 
 zoning statutes as those passed in New York and Illinois. The Debates 
 of the Convention, however, indicate that some doubt has arisen as to the 
 power of the General Assembly in this State to pass wide and inclusive 
 legislation on this subject; and that a constitutional provision is con¬ 
 sidered necessary. (Debates, June 24, 1920, p. 56.) It also appears 
 from the discussion in the Convention that four or five cities in Illinois 
 have already proceeded under the act of 1919 and have exercised certain 
 powers granted by it. The provision as adopted therefore is made retro¬ 
 active for the purpose of validating whatever has already been done b} r 
 cities operating under the present Zoning Act; but the retroactive effect 
 • of the provision is intended to be limited to the purpose just mentioned. 
 
 There is no doubt about the trend of decisions in this and other 
 states on this general subject; it has been toward the widening of legis¬ 
 lative powers in the matter of regulating land and buildings in cities. 
 California has developed the matter of regulating industries and exclud¬ 
 ing them ftom residential districts further than most other states. The 
 case of ex parte Iladacheck , 165 California, 416, affirmed in 239 U. S. 
 394, establishes the advanced position of that state in this regard. Illi¬ 
 nois has taken the lead in the matter of billboard regulations under 
 present constitutional provisions, and the case of Cusack v. Chicago, 267 
 Ill. 344 (1915), is the leading case on the subject and establishes the 
 doctrine of liberal powers of control over billboards in this State. Decent 
 years have witnessed a fairly large amount of litigation involving tin's 
 entire subject, and there are many important cases which might bo dis¬ 
 cussed but can only be referred to in this memorandum. See for a 
 general discussion of the subject, 2 Ill. Law Bulletin, 497, and cases 
 there cited; see also cases cited in Illinois Constitutional Convention 
 
392 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 Bulletin, pp. 485, 486; see in particular as to regulation of billboards, 
 Massachusetts Constitutional Convention Reports, Vol. 2, p. 379, Bulle¬ 
 tin 31. (See also the following discussions and cases there cited: 29 
 Harvard Law Review, 860, Aesthetics and the Fourteenth Amendment; 
 20 Harvard Law Review 35, Public Aesthetics; 11 Ill. Law Review 29, 
 Present Legal Aspect of the Billboard Problem; 53 National Corpora¬ 
 tion Reporter 473, Advertising and the Police Power; 20 Columbia Law* 
 Review, 591, Condemnation of Property for the Public Welfare; 20 
 Columbia Law Review 219, Note; Dillon, Municipal Corporations, Vol. 
 2, Sec. 695, Aesthetic Considerations.) These cases and discussions 
 show how far the state courts have progressed in recent years in their 
 attitude toward this general subject. 
 
 It must be borne in mind that any state constitutional provision, 
 as well as any statute of a state, must finally run the gauntlet of the 
 “due process” clause of the Federal Constitution. But that statement 
 is more academic than real, because of the fact that state constitutional 
 provisions as to “due process” have always been given a much narrower 
 construction by state courts than the same provision in the Federal Con¬ 
 stitution has received from the Federal Courts. The Supreme Court of 
 the United States is far in advance of any state court in its definition of 
 “police power” and in its interpretation of what that term includes. The 
 oft quoted words of Justice Holmes, in the case of Nolle State Bank v. 
 Haskell, 219 U. S. 104 (1910), may be cited as proof. He said (p. 
 Ill) : 
 
 “It may be said in a general way that the police power extends 
 to all the great public needs. Canfield v. United States , 167 U. S. 
 518. It may be put forth in aid of what is sanctioned by usage, 
 or held by the prevailing morality or strong and preponderant 
 opinion to be greatly and immediately necessary to the public wel¬ 
 fare.” 
 
 The same court, in C. B. & Q. R. R. v. Drainage Commissioners, 
 200 U. S. 561 (1906), had previously said much the same thing: 
 
 “We hold that the police power of a state embraces regula¬ 
 tions designed to promote the public convenience or the general 
 prosperity, as well as regulations designed to promote the public 
 health, the public morals or the public safety.” 
 
 No state court has gone to anything like the same length as the 
 United States Supreme Court in advancing the powers of regulation 
 included within the term “police power.” It follows therefore that in 
 spite of the tendency of state courts to give a wider and wider construc¬ 
 tion to existing constitutional limitations affecting these matters, there 
 is a real necessity for amending present state constitutions before the 
 legislatures—and through them the cities—will have ample power in 
 regard to city planning and zoning. In other words, it is only by amend¬ 
 ment that state constitutions as construed by state courts can be made 
 as wide and comprehensive as the Federal Constitution. Such is the 
 conclusion reached in Massachusetts, where the Constitution has already 
 been amended; such is the conclusion reached in Pennsylvania, where a 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 393 
 
 constitutional provision is proposed; and such is the necessary conclusion 
 to be drawn from the action of the present Convention. 
 
 In order to assist in understanding the proposal adopted by this 
 Convention, there are given below the constitutional amendments adopted 
 in Massachusetts, and also the provision proposed by the recent com¬ 
 mission appointed to revise the Constitution of Pennsylvania. The first 
 amendment adopted in Massachusetts in 1918 is as follows: 
 
 “Article 71. The General Court shall have power to limit 
 buildings according to their use or construction to specified districts 
 of cities and towns.” 
 
 It should be noted that this provision is short and concise, its obvious 
 purpose being merely to untie the hands of the General Court. In com¬ 
 parison with this provision the proposal as adopted in the reference 
 draft is cumbersome and unwieldy. 
 
 At the same time Massachusetts adopted another amendment, which 
 by a proper wording might have been included within Article 71. This 
 amendment affects only billboards, etc*., and is as follows: 
 
 “Article 72. Advertising on public ways, in public places and 
 on private property within public view may be regulated and re¬ 
 stricted by law.” 
 
 Here again it will be noted that the provision is short and inclusive 
 and merely removes existing constitutional limitations on the legislature. 
 The provision is important because it is a definite grant of power to 
 regulate land and buildings for purely “aesthetic” reasons. 
 
 Massachusetts has adopted a further amendment in this connection, 
 which goes definitely outside the recognized domain of “police power” 
 as previously understood—that is, quite beyond matters concerned with 
 public health, morals, comfort or safety. The provision concerns itself 
 with matters of “historical or antiquarian interest” where the public is 
 concerned. The provision is as follows: 
 
 Article 73. The preservation and maintenance of ancient 
 landmarks and other property of historical or antiquarian interest 
 is a public use, and the commonwealth and the cities and towns 
 therein may, upon payment of just compensation, take such property 
 or any interest therein under such regulations as the General Court 
 may prescribe.” 
 
 It will thus be noted that Massachusetts has an amendment concern¬ 
 ing itself with purely “aesthetic’ matters, and still another amendment 
 concerning itself with matters even more remote from the domain of 
 police power” as that subject has been construed in the past. It is 
 ob\ ious therefore that Massachusetts has taken an advanced position in 
 its Constitution in the matters here concerned. 
 
 The only other state which so far has considered the matter of zon¬ 
 ing and city planning from the point of view of its Constitution is 
 Pennsylvania. The proposed new Constitution for that state, submitted 
 to the General Assembly in January of this year (1921), contains a 
 provision as follows: 
 
 “Article XIII, Section 24. Zoning of Municipalities. Munici¬ 
 palities may be authorized by law to promote the general welfare by 
 
394 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 regulating the location, size and use of buildings. For the purpose 
 of such regulations, a municipality may divide its territory into 
 districts, to each of which special regulations may be applied.” 
 
 Here again it will be noted that the provision is short and concise 
 compared to the proposal of the reference draft. The Pennsylvania 
 provision, like those adopted in Massachusetts, merely removes the limi¬ 
 tations which now hamper the legislature; while the reference draft 
 attempts to go into detail and specify the reasons for the provision, as 
 well as the extent to which it may be applied. 
 
 It should be noted on the other hand, that in one respect the pro¬ 
 vision as adopted in the reference draft is in advance of the Massa¬ 
 chusetts Constitution or the proposed provision in Pennsylvania. In the 
 two latter states the power is delegated to the General Assembly, which 
 in turn may grant it in either full or restricted form to cities; while 
 in Illinois the proposal would grant full power of control direct to cities 
 without the intermediation of the General Assembly. 
 
 In conclusion it may be said that the revision of the reference draft 
 here suggested contains all of the ideas which are necessary to be ex¬ 
 pressed in the Constitution. As revised the provision has been much 
 reduced in length and has been brought in line with the theory adopted 
 in the provisions found in the Constitution of Massachusetts and recently 
 proposed in Pennsylvania. That is, the provision merely removes exist¬ 
 ing constitutional limitations and wipes out existing decisions of the 
 courts. For it should be repeated that it is only because of these two 
 restrictions that any constitutional provision is necessary. 
 
 Report No. 16. 
 
 YOUE COMMITTEE ON PHEASEOLOGY AND STYLE, TO 
 WHICH WAS EE FEE EE D A PEOPOSAL ENTITLED CHI¬ 
 CAGO AND COOK COUNTY (INTEODUCTION NO. 385, 
 EEFEEENCE NO. 17), AS AMENDED IN COMMITTEE 
 OF THE WHOLE, EESPECTFULLY EEPOETS THAT IT 
 HAS CONSIDEEED SUCH PEOPOSAL AND HEEEWITH 
 SETS FOETH IN PAEALLEL COLUMNS AETICLE II OF 
 SAID PEOPOSAL AS ADOPTED IN COMMITTEE OF THE 
 WHOLE ON THE LEFT, AND A SUBSTITUTE THEEEFOE 
 AS EECOMMENDED BY THIS COMMITTEE ON THE 
 EIGHT. 
 
 Eesolved, That the following shall become a part of the Constitu¬ 
 tion of Illinois: 
 
 AETICLE II. 
 
 COUNTY OF COOK. 
 
 Section 1. The county affairs of 
 Cook County shall be managed by 
 a board of commissioners of fifteen 
 persons, ten of whom shall be elected 
 from the city of Chicago, and five 
 from towns outside of said city. 
 
 Section 1. The county business of 
 the County of Cook shall be trans¬ 
 acted by a board of fifteen commis¬ 
 sioners, ten of whom shall be elected 
 from the city of Chicago, and five 
 from the rest of the county. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 395 
 
 Section 2. There shall he elected 
 in Cook County the following county 
 officers at the general election to be 
 held on the Tuesday after the first 
 Monday of November, 1922, and each 
 four years thereafter, a county clerk, 
 a county treasurer, a sheriff, and at 
 the general election to be held on the 
 Tuesday after the first Monday of 
 November, 1924, and each four years 
 thereafter, a coroner, a clerk of the 
 circuit court and a recorder of deeds. 
 Each of said officers shall enter upon 
 the duties of his office respectively 
 on the first Monday of December 
 after his election, and they shall 
 hold their respective offices for the 
 term of four years and until their 
 successors are elected and have qual¬ 
 ified, provided that no person hav¬ 
 ing once been elected to the office of 
 treasurer shall be eligible to re-elec¬ 
 tion to said office for four years after 
 the expiration of the term for which 
 he shall have been elected. 
 
 Section 3. The clerks of all 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. The 
 number of 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. 
 
 Section 4. The General Assembly 
 shall by law provide for and regu¬ 
 late the fees of all county officers 
 of Cook County. All fees, allow¬ 
 ances and emoluments and all inter¬ 
 est on public funds shall be paid into 
 the county treasury at least monthly. 
 The compensation of any elective 
 county officer shall not be increased 
 or diminished during his term of 
 office. 
 
 Section 5. Every county officer of 
 Cook County shall make reports 
 under oath at least semi-annually of 
 all fees, allowances, emoluments and 
 all interest on public funds received 
 by him, as may be required by law. 
 
 Section 2. In the County of Cook 
 there shall be elected in 1922, a 
 sheriff, a county clerk, and a treas¬ 
 urer who shall be ex-officio collector 
 of taxes; and in 1924 a coroner and 
 a recorder of deeds. The term of 
 every such officer shall be four years 
 from the first Monday of December 
 after his election. No elected treas¬ 
 urer shall succeed himself. 
 
 Section 3. The officers named in 
 the preceding section and the clerks 
 of all courts of record in the county 
 shall each receive, as his sole com¬ 
 pensation, a salary to be fixed by 
 law. Such salary shall be less than 
 the compensation of a judge of the 
 circuit court of the county. The 
 circuit court, by rule entered of 
 record, shall determine the number, 
 and the county board shall deter¬ 
 mine the compensation, of deputies 
 and assistants of all such officers. 
 
 Section 4. The fees of all officers 
 of the county shall be regulated by 
 law. Each officer shall make a semi¬ 
 annual report under oath, of all 
 money and interest thereon received 
 by him, and every month shall pay 
 such money and interest into the 
 county treasury. 
 
 (Combined with Section 4.) 
 
396 
 
 JOURNAL OF THE 
 
 [Sept. G. 
 
 Section 6. Except as otherwise 
 provided in this article, the County 
 of Cook shall not be divided nor any 
 territory be added to it, nor any 
 territory taken from it, unless such 
 question shall be submitted to a vote 
 of the people of the county and a 
 majority of the electors of the county 
 voting on the question shall vote for 
 the same. No territory shall be 
 taken from the County of Cook un¬ 
 less a majority of the electors of 
 such territory voting on the ques¬ 
 tion shall vote for the same. Any 
 territory taken from the county shall 
 be holden for and obliged to pay its 
 proportion of the indebtedness of the 
 county. 
 
 Section 7. The General Assembly, 
 notwithstanding sections one, two, 
 and three of this article, may enact 
 laws for the organization and con¬ 
 duct of the government of the County 
 of Cook, which shall become effec¬ 
 tive when submitted to the electors 
 thereof and approved by a majority 
 of those voting thereon. 
 
 Section 8. The General Assembly 
 may enact any law or laws to pro¬ 
 vide for consolidating and vesting, 
 in whole or in part, in the munici¬ 
 pal government of the city of Chi¬ 
 cago the powers now or hereafter 
 vested in the County of Cook and 
 the officers thereof and exercised 
 within the territory now or here¬ 
 after embraced within the limits of 
 the city. And such law may pro¬ 
 vide for the exercise in such other 
 manner as the General Assembly 
 may prescribe of any such powers 
 of the county and of its officers not 
 so vested in the city and may abolish 
 the County of Cook within the pres¬ 
 ent or future limits of the city. 
 Any such law shall provide for ap¬ 
 portioning or otherwise adjusting 
 the rights, powers, debts and liabili¬ 
 ties of the county and may provide 
 for their transfer to and assump¬ 
 tion by said city, in whole or in 
 part. 
 
 Any such law may also provide 
 that, in the event of such consolida¬ 
 tion becoming effective, the powers 
 or any of them, now or hereafter 
 vested in the County of Cook and 
 the officers thereof and exercised 
 within the territory. lying beyond 
 the present or future limits of said 
 city, shall be exercised in such man- 
 
 Section 5. The county shall not 
 be changed in area unless the change 
 is approved by a majority of those 
 voting on the question in the county 
 and in each part affected. Any teri- 
 tory taken from the county shall be 
 liable for its proportion of the county 
 debt. 
 
 Section 6. The organization and 
 government of the county prescribed 
 by this article shall not be changed 
 by law unless the change is approved 
 by a majority of the voters of the 
 county voting on the question. 
 
 Section 7. The General Assembly 
 may consolidate with the City of 
 Chicago the portion of the County of 
 Cook lying within the city. Any 
 such laws shall adjust the powers, 
 offices, rights and liabilities of the 
 county (both in the portion within 
 the city and in the portion outside 
 the city) and may either devolve 
 them in whole or part upon the city, 
 or provide otherwise for their ex¬ 
 ercise and assumption. Whenever the 
 entire powers of any office are taken 
 away, the office shall be abolished. 
 
 No such law shall take effect until 
 approved, both in the City of Chi¬ 
 cago and in the portion of the county 
 lying outside the city, by a majority 
 of those voting on the question. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 397 
 
 ner and by such county or other of¬ 
 ficers as the General Assembly shall 
 prescribe. Whenever the exercise *of 
 the powers of any county officer shall 
 be otherwise disposed of the office 
 shall be abolished. 
 
 No law based upon this section 
 shall become effective until sub¬ 
 mitted to the legal voters of the 
 city of Chicago and also to the legal 
 voters of the territory of the county 
 lying beyond the limits of said city 
 and is approved in each case by a 
 majority of those voting upon the 
 question. 
 
 After any such consolidation be¬ 
 comes effective, any law enacted 
 thereafter affecting only the city 
 of Chicago, or only the territory 
 lying beyond the limits of said city, 
 may become effective if submitted 
 only to the legal voters of said city 
 or to the legal voters of said terri¬ 
 tory and approved in either case by 
 a majority of those voting upon the 
 question. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 Thos. Rinaker. 
 
 Charles B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 
 Committee on Phraseology and Style. 
 
 IN RE PROPOSAL NO. 385. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Repprt on Proposal No. 385, being a Proposal 
 entitled, Chicago and Cook County. 
 
 ARTICLE II. 
 
 COUNTY OF COOK. 
 
 Section 7. This section in the reference draft is taken without 
 change from Section 7, Article X, of the present constitution; except 
 that the phrase ‘in such manner as may be provided by law,” which 
 appears at the end of the section in the present constitution, has been 
 dropped by this Convention. 
 
 In the section as revised the words "county affairs” have been 
 changed to "county business” because the latter phrase is used in Sec¬ 
 tion 6 of the Article on Counties of the present Constitution, and in 
 Section 5 of the proposal on Counties adopted by this Convention. The 
 managed”, where it appears in the reference draft, has been 
 changed to “transacted” for the same reasons. It is obvious that con- 
 
398 
 
 [Sept. P, 
 
 JOURNAL OF THE 
 
 sistent language should be» used in speaking of counties, whether the 
 provision has to do with the County of Cook or is found in the Article 
 on Counties. 
 
 The last phrase of the section has been somewhat revised to avoid 
 the use of the words “said city”. 
 
 Xo other changes have been made in the section as it appears in 
 the reference draft. 
 
 Section 2. This section has no corresponding section in the present 
 Constitution; it is a duplication of Section 8, Article X, but is made 
 applicable only to the County of Cook. 
 
 The section has been revised to conform to the language used in 
 the revision of Section 6 of the proposal on Counties. The discussion 
 there given explains in detail the reasons for the changes made in the 
 language of the reference draft. It is probable that on the second ref¬ 
 erence to this Committee this section will be consolidated with Section 
 6 of the proposal on Counties, since the two provisions overlap. 
 
 Section 3. This section also is a new one, there being no similar 
 provision in the present Constitution. If the section is analyzed it will 
 be found to contain the following ideas: 
 
 1. The clerks of courts of record and the other county officers 
 shall be paid salaries. 
 
 2. The salaries shall be fixed by law. 
 
 3. The salaries shall be less than the compensation of a judge 
 of the Circuit Court of the County. 
 
 4. The Circuit Court of the County shall determine the num¬ 
 ber of deputies and assistants of these officers. 
 
 5. The court shall enter a rule of record concerning its find¬ 
 ing in regard to the last provision. 
 
 6. The compensation of such deputies and assistants shall be 
 fixed by the county board. 
 
 In the section as revised the sentence structure has been somewhat 
 rearranged for purposes of clarity. But otherwise the reference draft 
 remains unchanged. 
 
 Sections U and 5. These two sections also are new, there being no 
 corresponding sections in the present Constitution. 
 
 The last sentence of Section 4 has been dropped because it is covered 
 by a general provision applicable to all officers in this State, which is to 
 be incorporated in some other part of the Constitution, preferably in an 
 article on “Officers”. (See Judiciary Proposal, Section 52.) 
 
 The rest of Section 4 and Section 5 is concerned with the subject oi 
 fees collected by the county officers in Cook County. The two sections 
 contain three ideas: 
 
 1. The fees collected by these officers shall be regulated by law. 
 
 2. Such fees shall be paid monthly into the county treasury. 
 
 3. Each officer shall make a semi-annual report under oath 
 as to the fees received by him. 
 
 The first provision has been incorporated into the first sentence of 
 Section 4 as revised. The second and third provisions above outlined 
 have been incorporated into the second sentence of Section 4 as revised, 
 since these two ideas can logically be expressed in a single sentence. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 399 
 
 The section as revised will be found to contain all of the ideas 
 expressed in the reference draft, with the exception of the provision that 
 has been dropped, as explained above. 
 
 Section 6. This section is also new, since there is no similar sec¬ 
 tion in the present Constitution. 
 
 The language of the section has been revised to correspond with 
 the language used in Section 2 of the proposal on Counties as revised. 
 The discussion there given will explain the detailed changes in language 
 which are made in the section here under discussion. 
 
 This section, like Section 2 above, will no doubt be consolidated 
 with the corresponding section in the proposal on Counties upon the 
 second reference to this Committee. 
 
 Section 7. This section is also a new one, there being no similar 
 provision in the present Constitution. 
 
 The section corresponds to Section 8 of the proposal on Counties. 
 The language of the section as revised has been made consistent with 
 the language of the section in the Counties proposal. The discussion 
 there given will explain in detail the reasons for the detailed changes 
 made in the language of the section here under discussion. 
 
 Section 8. This section is a new one, and it has been made neces¬ 
 sary by the provisions incorporated in Article I of the proposal on Chi¬ 
 cago and Cook County, having to do with the consolidation of local 
 governments. 
 
 The section has been revised in less than one-half the number of 
 words of the reference draft, but without change in meaning. 
 
 It is obvious that considerable overlapping occurs in the language 
 of this article and the language of the proposal on Counties. Your 
 Committee has accordingly reserved final consideration “of the language 
 used in this report until the various articles of the Constitution are 
 referred to this Committee on second reference. 
 
 Report No. 17. 
 
 YOUR COMMITTEE ON PHRASEOLOGY AND STYLE. TO 
 WHrCH WAS REFERRED A PROPOSAL RELATIVE TO 
 COUNTIES (INTRODUCTION NO. 362, REFERENCE NO. 7) 
 AS AMENDED IN COMMITTEE OF THE WHOLE, RE¬ 
 SPECTFULLY REPORTS THAT IT HAS CONSIDERED 
 SUCH PROPOSAL AND HEREWITH SETS FORTH IN 
 PARALLEL COLUMNS SAID PROPOSAL AS ADOPTED IN 
 COMMITTEE OF THE WHOLE ON THE LEFT, AND A SUB¬ 
 STITUTE THEREFOR AS RECOMMENDED BY THIS COM¬ 
 MITTEE ON THE RIGHT. 
 
 Resolved, That the following shall become a pari of the Const ela¬ 
 
 tion of Illinois: 
 
 Section 1. No new county shall be 
 formed or established by the Gen¬ 
 eral Assembly, which will reduce the 
 county or counties, or either of them, 
 
 Section 8. No county shall be so 
 created or reduced as to contain less 
 than four hundred square miles, nor 
 shall any part of a county within 
 
400 
 
 JOURNAL OF THE [Sept. 6. 
 
 from which it shall be taken, to less 
 contents than four hundred square 
 miles; nor shall any county be 
 formed of less contents; nor shall 
 any line thereof pass within less 
 than ten miles of any county seat 
 of the county or counties proposed 
 to be divided. 
 
 Section 2. No county shall be di¬ 
 vided nor any territory be added to, 
 or taken from any county, unless 
 such question shall be submitted to 
 a vote of the people of each county 
 affected and a majority of the elec¬ 
 tors of each county affected voting 
 on the question shall vote for the 
 same. 
 
 No territory shall be taken from 
 any county, unless a majority of the 
 electors of su^h territory, voting on 
 the question shall vote for the same. 
 
 The territory taken from a county 
 shall be holden for and obliged to 
 pay its proportion of the indebted¬ 
 ness of the county from which it 
 has been taken. 
 
 Section 3. 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-fourths of the voters of the 
 county, voting on such question, 
 shall have voted* in favor of its re¬ 
 moval to such point; and no person 
 shall vote on such question who has 
 not resided in the county six months, 
 and in the election precinct ninety 
 days next preceding such election. 
 The question of the removal of a 
 county seat shall not be submitted 
 oftener than once in ten years, to a 
 vote of the people. 
 
 Section 4. Any county now or 
 hereafter organized under a Board 
 of Commissioners may organize 
 under township organization when¬ 
 ever a majority of votes cast upon 
 such question in such county shall 
 so determine; and any county now 
 or hereafter organized under town¬ 
 ship organization may organize 
 under a board of commissioners 
 whenever a majority of all the votes 
 cast upon such question in such 
 counties shall so determine and the 
 election upon such questions shall be 
 submitted to a vote of the electors 
 of any county at a general election 
 in the manner provided by law; and 
 
 ten miles of its seat be taken for a 
 new county. 
 
 Section 9. No county shall be 
 changed in area unless the change 
 is approved by a majority of those 
 voting on the question in the county 
 and each part affected. Any terri¬ 
 tory taken from a county shall be 
 liable for its proportion of the debt 
 of such county. 
 
 Section 10. No county seat shall 
 be removed unless three-fourths of 
 those voting on the question shall 
 approve the removal to the place 
 designated and no person shall vote 
 unless he has resided in the election 
 precinct ninety days and in the 
 county six months next preceding 
 the election. Such question shall 
 not be submitted oftener than once 
 in ten years. 
 
 Section 7. No county may aban¬ 
 don or adopt any form of organiza¬ 
 tion unless a majority of those vot¬ 
 ing on the question shall approve 
 the change. 
 
1921.] 
 
 CONS TIT UTIONAL CONVEX TION. 
 
 401 
 
 the affairs of counties shall be trans¬ 
 acted under the respective organiza- 
 tions as the General Assembly may 
 provide. 
 
 Section 5. There shall he elected 
 at the general election on the Tues- 
 day after the first Monday in Novem¬ 
 ber, 1922, and every four years there¬ 
 after in each of the counties in this 
 State, not under township organiza¬ 
 tion, three officers who 'shall be 
 styled “The Board of County Com¬ 
 missioners”, who shall hold sessions 
 for the transaction of county busi¬ 
 ness as shall be provided by law. 
 The term of every such officer elected 
 prior to the year 1922, shall expire 
 on the first Monday of December, 
 1922. 
 
 Section 6. 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, 1922, and 
 every four years thereafter, a county 
 clerk, who shall also be clerk of the 
 county court; a county treasurer 
 who shall be ex-officio collector of 
 taxes, and a sheriff; and at the gen¬ 
 eral election to be held on the Tues¬ 
 day after the first Monday in No¬ 
 vember, 1924, and every four years 
 thereafter, a coroner, a clerk of the 
 circuit court, who shall be ex-officio 
 recorder of deeds in counties having 
 less than 60,000 inhabitants, and a 
 recorder of deeds in counties having 
 60,000 and more* inhabitants. There 
 shall also be a county assessor, who 
 shall be selected as the General As¬ 
 sembly may direct. Provided, that 
 no person having once been elected 
 to the office of treasurer shall be 
 eligible to said office for four years 
 after the expiration of the term for 
 which he shall have been elected. 
 
 Section 7. The county board of 
 and for each county shall fix the 
 compensation of all county officers 
 named in this article and all statu¬ 
 tory county officers, the number and 
 compensation of their deputies and 
 assistants, and the same shall be 
 paid by the county treasurer upon 
 the warrant or order of the County 
 Board. 
 
 Section 2. Counties not under 
 township organization shall elect, in 
 1922, three commissioners who shall 
 transact the county business as pro¬ 
 vided by law. 
 
 Section 1. In each county there 
 shall be elected in 1922, a sheriff, 
 a county clerk who shall be clerk 
 of the county court, and a treasurer 
 who shall be ex-officio collector of 
 taxes; and in 1924, a coroner, and 
 a clerk of the circuit court who shall 
 be ex-officio recorder of deeds, ex¬ 
 cept in counties of sixty thousand 
 or more population, where a re¬ 
 corder of deeds shall be elected. In 
 each county there shall be an as¬ 
 sessor, to be selected as the General 
 Assembly may provide. No elected 
 treasurer shall succeed himself. 
 
 Section 3. The County Board 
 shall fix the compensation of all 
 officers named in this article and of 
 all statutory county officers, and the 
 number and compensation of their 
 employes. The County Treasurer 
 shall pay such compensation upon 
 the order of the County Board. 
 
 Section 8. The General Assembly I- Section 6. The organization and 
 notwithstanding the provisions of government of counties as required 
 
 Sections 4 to 7 both inclusive of by this article may be changed by 
 
 —26 C .1 
 
402 
 
 JOURNAL OF THE 
 
 o 
 
 [Sept. 
 
 o% 
 
 this article, may enact laws uniform 
 as to classes of counties for the or< 
 ganization and government of coun¬ 
 ties, which shall become effective in 
 any county when submitted to the 
 electors thereof and approved by a 
 majority of those voting thereon, 
 and, whenever so approved shall 
 supersede the organization and gov- 
 eminent and offices jjreviously ex¬ 
 isting therein, and the affairs of such 
 county shall thereafter be transacted 
 in such manner as the General As¬ 
 sembly may provide. 
 
 Section 9. The General Assembly 
 shall, by general and uniform law, 
 provide for and regulate the fees of 
 all county and township officers. All 
 fees, allowances and emoluments, 
 and all interest on public funds, re¬ 
 ceived by any county officer shall be 
 paid iuto the county treasury. 
 
 Section 10. All elective county 
 officers shall enter cpon the duties 
 of their offices on the first Monday 
 of December following their election 
 and shall hold their offices for the 
 term of four years and until their 
 successors are elected and have quali¬ 
 fied. The compensation of any elec¬ 
 tive county officer shall not be in¬ 
 creased or diminished during ilia 
 term of office. 
 
 Section 11. Every county and 
 township officer shall make a semi¬ 
 annual report under oath of all fees, 
 allowances and emoluments and all 
 interest on public funds received by 
 him, as may be required by law. 
 
 •Section 12. County authorities 
 shall never assess taxes the aggre¬ 
 gate of which shall exceed seventy- 
 five cents per one hundred dollars 
 valuation, unless authorized by a 
 vote of the people of the county, but 
 if the General Assembly shall pro¬ 
 vide that the county shall be unit 
 for the levy and collection of taxes 
 for road and bridge purposes, then 
 county authorities may assess an ad¬ 
 ditional tax for the construction, im¬ 
 provement and maintenance of pub¬ 
 lic highways and bridges, which ad¬ 
 ditional tax shall not exceed seventy- 
 five cents per one hundred dollars 
 valuation, unless authorized by a 
 vote of the people of the county. 
 
 law uniform as to classes of coun¬ 
 ties; but any such law shall become 
 effective in a county only after ap¬ 
 proval by a majority of the voters 
 therein voting on the question. 
 
 Section 4. The fees of township 
 and county officers shall be regulated 
 by law; and, in such manner as may 
 be provided by law, all money and 
 interest thereon received by any 
 county officer shall be reported under 
 oath and paid into the county treas¬ 
 ury. 
 
 Section 5. The term of every elec¬ 
 tive county officer shall be four years 
 from the first Monday of December 
 after his election. 
 
 (Combined with Section 4.) 
 
 Section 11. Unless authorized by 
 a majority of those voting on the 
 question no county shall levy taxes 
 in excess of three-fourths of one per 
 cent of valuation; but an additional 
 three-fourths of one per cent may be 
 levied for road and bridge taxes in 
 any county made the unit for such 
 taxation. 
 
 | 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 403 
 
 Section 13. The General Assembly 
 shall have authority to enact laws 
 providing for the construction and 
 improvement of public roads and 
 highways in part by special assess¬ 
 ments, to be levied upon the prop¬ 
 erty benefitted by such construction 
 and improvement, w r hether such 
 construction and improvement lie 
 within one township or county, or 
 two or more townships or counties. 
 Provided, that such laws shall con¬ 
 tain provisions that all such con¬ 
 struction and improvements shall be 
 initiated by a petition signed by a 
 majority of the owners of the lands 
 proposed to be subjected to such 
 special assessment, who shall be the 
 owners of not less than one-third 
 in area of the 'said lands. 
 
 Section 14. The provisions of this 
 article shall not apply to the County 
 of Cook. 
 
 Section 12. The General Assembly 
 may provide that upon petition of 
 a majority of the owners of lands 
 proposed to be assessed, being not 
 less than one-third in area of such 
 lands, the cost of constructing or 
 improving public roads may be 
 raised in part by special assessment 
 upon lands benefitted thereby. 
 
 I 
 
 | Section 13. The provisions of this 
 article shall not apply to the County 
 of Cook. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 
 Thos. Rinaker. 
 
 Charles B. T. Moore. 
 
 E. H. Dttpee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 Committee on Phraseology and Style. 
 
 IN RE PROPOSAL NO. 362. 
 
 Memorandum from Committee on Phraseology and Style, Accom- 
 panying Report on Proposal No. 362, being a Proposal 
 
 Relative to Counties. 
 
 The Constitution of 1870 contains one of the most detailed pro¬ 
 visions on county government to be found in any state constitution. n 
 about one-third of the states the organization of county government is 
 left entirely, or almost entirely, to the state legislature. In those states 
 which have constitutional provisions on the subject the provisions are 
 in general simple and without detail, compared to the provisions m i- 
 nois. The present Convention has changed the Counties Article ot the 
 present Constitution in some respects; but the theory of laying down 
 rather detailed and minute specifications regarding Counties is retained. 
 
 The order of the sections in the reference draft is illogical, it fol¬ 
 lows the arrangement found in the present Constitution,- which-m turn 
 followed in a large measure the arrangement of the sections in the Con¬ 
 stitution of 1848. In the article as revised the order ot the section* 
 
 has been rearranged in more logical form. 
 
 Section 1. This section contains two main provisions: 
 
404 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 1. It establishes a minimum area of four hundred square 
 
 miles for any new county or for any old county which may be re¬ 
 duced in area. « 
 
 2. It provides that no part of a county within ten miles ot 
 
 its seat shall be taken in creating a new county. 
 
 The section has been shortened and condensed in such a way as to 
 express these two provisions in a simple and concise foim. . 
 
 The word “created” had been substituted as the equivalent or 
 
 “formed or established”. . . ,, 
 
 The phrase “by the General Assembly” has been omitted, since tiie 
 
 General Assembly has authority to establish counties and regulate their 
 affairs, except in so far as the Constitution contains limitations upon 
 
 that power. . . 
 
 Section 2. This section contains three mam ideas: ... 
 
 1. No county shall be changed in area unless the provision is 
 
 approved at a referendum. 
 
 2. The proposition must be approved by a majority ot those 
 voting on the question in the county and in each part of the county 
 affected. 
 
 3. * Any territory taken from a county shall bear its portion 
 
 of the county debt. . . . , 
 
 The .first two of these provisions have been revised m a single sen¬ 
 tence in a form which incorporates all the ideas of the reference draft 
 
 The last paragraph of the section m the reference draft has bee 
 revised and condensed but without change m meaning. The wore s 
 “shall be holden for and obliged to pay” have been expressed by shall 
 be liable”. The word “holden” is archaic and is no longer in good use. 
 (See Century Dictionary; also Webster’s International Dictionary.) 
 
 Section 3. This section lays down certain limitations for changing 
 
 1. There must be a referendum on the question in the county. 
 
 2. Three-fourths of all those voting on the question must 
 
 3. The place of removal must be designated in advance of the 
 lection 
 
 4 Every person voting must have resided in the election pi e- 
 cinct ninety days and in the county six months before the election. 
 5. The question of removal shall not be submitted oftene 
 
 than once in ten years. . . , i 
 
 In the section as revised each of these provisions has been expressed 
 
 in a simpler and shorter form than that of the reference dra . 
 
 It is to be observed that the section contains qualifications for votin„ 
 different from those fixed by the Suffrage Article, The a ditiona quali¬ 
 fications for voting were provided because of the importance of the ele 
 tion to the county and to put an end to the practice which had grown 
 rm 0 f “colonizing” voters to control such elections. -> 
 
 P The clause “until the point to which it is propped ^Sn as 
 shall be fixed in pursuance of law has been omitted. The . 
 revised provides that the removal shall be “to the place designated . 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 405 
 
 The word “designated” implies a previous determination of the place, 
 .and this determination must be made by the General Assembly, since 
 that body has full power to pass any enabling legislation which may be 
 necessary. Under the section as revised, therefore, the place of removal 
 must be designated by law previous to the election. 
 
 The phrase “of the voters of the county” has been dropped, since 
 the election is exclusively a county matter and it is obvious that only 
 voters of the county could vote upon the question. 
 
 In the last sentence the phrase “of the removal of the county seat” 
 has been omitted; the words “such question” make the meaning entirely 
 clear without the phrase quoted. 
 
 The phrase “to a vote of the people” has been dropped because the 
 verb “submitted”, taken in its context, necessarily implies a vote of the 
 
 people. 
 
 Section J>. This section provides a scheme whereby counties may 
 change from one to another of the two forms of county government 
 authorized by the Constitution. The section contains the following 
 provisions: 
 
 1. Counties organized under the “Board of Commissioners” 
 form may change to the township form of county organization. 
 
 2. Counties organized under the township form may change 
 to the “Board of Commissioners” form of county organization. 
 
 3. Either change must be approved upon referendum by a 
 majority of those voting on the question. 
 
 4. The election upon the question shall be conducted in the 
 manner provided by law. 
 
 5. The General Assembly may regulate the manner in which 
 either form of county government shall function. 
 
 An examination of these five provisions shows that the sec¬ 
 tion really contains but one limitation on the General Assembly, namely, 
 that if the form of the organization of county government is changed, the 
 change must be approved by a majority of the voters of the county voting 
 on the question. In other words, it is obvious that the first and second 
 provisions as above outlined, and the fourth and fifth provisions, really 
 contain no limitations on the General Assembly and may be dropped; 
 the General Assembly may regulate these matters if the Constitution is 
 silent in regard to them. The section has been revised upon the theory, 
 which is applicable throughout the Constitution, that the General As¬ 
 sembly is omnipotent except in so far as the Constitution limits its 
 power. In the shorter form of the section as revised there will be found 
 the full sense of the reference draft without change. 
 
 Section 5. This section provides a precise form of organization for 
 counties “not under township organization”. At the present time, 
 of the 102 counties in Illinois, 85 are organized under the township 
 system and 17 under the “Board of Commissioners” system. The coun¬ 
 ties not under township organization are located in the central and 
 southern part of the State, and most of them are small in area and popu¬ 
 lation. Morgan County, which had 34,000 population in 1910, is the 
 largest of these counties. 
 
406 
 
 JOUEXAL OF THE 
 
 [Sept. 6 r 
 
 It will be noted that there is no corresponding section in the Con¬ 
 stitution providing for the organization of counties under township or¬ 
 ganization. In other words, the General Assembly may organize the 
 government of 85 counties of the State as it sees fit; but the Constitu¬ 
 tion has prescribed a specific form of organization for the 1, counties 
 “not under township organization”. The question naturally arises a* 
 to why this distinction should be made. The only answer that can be 
 criven is that the distinction is a purely arbitrary one; the Convention 
 of 1870 so decided the matter and there it rests. . 
 
 The obvious comment to be made is that the Constitution, m outer 
 to be logical, should either contain a provision regulating the organiza¬ 
 tion of both classes of counties, or should leave the organization of both 
 classes of counties to the General Assembly. T our Committee believes 
 that the latter plan is preferable and that this section could be ^eiy 
 
 properly omitted from the Constitution. . . , 
 
 The section provides for the election of three commissioners at tjie 
 general election in 1922. The present Constitution provides for the 
 election of one commissioner every year. The latter provision, however, 
 sometimes requires an election in a county for the sole purpose of elect- 
 in a county commissioner. Accordingly it was provided that all three 
 commissioners should be elected at the same time. This provision 
 necessitated the last sentence of the section providing foi the expirati 
 of the terms of the existing commissioners. The provision being a tem¬ 
 porary one, should be placed in the Schedule, and has been omitted 
 
 from the section as revised. , ,. •, m 
 
 It is unnecessary to state the month in which the election should oe 
 
 held, since that matter is taken care of by the Suffrage Article. 
 
 The term of office of commissioners has been omitted because that 
 provision is covered in Section 10 as revised, where a uniform term tor 
 
 all elective county officers is provided. . , . 
 
 Section 6. This section enumerates the various elective count} rr - 
 cers and fixes the time for their election. The section is substantia 
 the same as in the present Constitution except that it creates a new con¬ 
 stitutional county officer, namely, the County Assessor. At thei p e- 
 time the County Treasurer acts as County Assessor m count.es - 
 the “Board of Commissioners” form of government; while m counties 
 under the township form of government each township has an elective 
 assessor. The assessor has been made a county officer by this section, 
 and accordingly hereafter the township unit of assessment wnl be abol¬ 
 ished. The provision leaves the manner of selecting the Count} As 
 
 sessor to the General Assembly. * 
 
 It should also be noted that under this section the re-election of 
 
 sheriffs is not prohibited. In the IT counties under Board of Com¬ 
 missioners” form of government the sheriff is ex-officio treasurer. I ndei 
 the proposed section there will be an elective treasurer m each county 
 and the provision with reference to re-election of the sheriff, which is 
 found in P the present Constitution, has therefore been dropped by the 
 
 Teference draft. i, Q£ , 
 
 The term of office of county officers as provided m this section In & 
 
 been omitted, since that matter is covered by Section 10 as revised, lne 
 
CONSTITUTIONAL CONVENTION. 
 
 407. 
 
 1921 .J WJNOXJ.lUlJ.vmu.^ i • 
 
 word “inhabitants” has been changed to “population”, since the latter 
 word is the uniform term applied throughout the Constitution. 
 
 Section 7. This section has been revised without changing ma¬ 
 terially the form of the reference draft. The section contains two mam 
 provisions ; the first having to do with the fixing of the compensation 
 of county officers and their employes, and the second having to go with 
 the pavment of such compensation. These two provisions have been 
 put into separate sentences in the section as ie\ised, oi pm poses o 
 
 Clant The word “employe” has been substituted for “deputies and assist¬ 
 ants”, since it is more' inclusive than both of these words. All persons 
 working for the County on a salary or for wages, excepting officers , 
 are included in the term “employes”. (See Century D'ictionai) , also 
 Webster’s International Dictionary). Moreover, underaction I ol 
 Article V of the present Constitution, the words 'office and employ¬ 
 ment” are defined, and by implication the two words are made all-in- 
 
 elusive 
 
 The word "order” has been substituted for the words ‘warrant or 
 order”, because it is the wider term. (See Century Dictionary.) 
 
 Section 8 . This section is new and has no counterpart m the pres¬ 
 ent Constitution. The purpose of the section is to permit the Gcneia 
 Assembly to provide other forms of county government than the two 
 provided by this Article, if that becomes advisable m the future. 
 
 section contains three main ideas: 
 
 1. It contains a grant of power to the General Assembh to 
 
 authorize other forms of government for counties besides the toil n- 
 ship form and the "Board of Commissioners” form. 
 
 2. The legislation providing for the new form of government 
 for counties must be uniform as to classes of counties. 
 
 3. The law shall not become effective m any county unless 
 approved at a referendum by a majority of those voting on the 
 
 These three provisions as thus outlined have been expressed in the 
 section as revised in a shorter and simpler form than that of the reference 
 
 draft, but without change in meaning. 
 
 The last part of the reference draft, providing that after the a|- 
 proval by the voters the business of the county shad be. transacted m 
 such manner as the General Assembly may provide , is unneces.ap . 
 After the law is approved in any county, the law will go into effect auto- 
 
 mahcally.^ ^ ^ ^ These two sections have been combined since 
 
 they are concerned with the matter of fees collected by county and 
 township officers. The two sections contain the following provisions. 
 1 1. The fees of township and county officers shall be regulated 
 
 ^ ^ All public moneys received by such officers shall be paid 
 
 into the county treasury. . j 
 
 3. All public moneys received by such officers shall be repoited 
 
 under oath. 
 
403 
 
 JOURNAL OF THE 
 
 [Sept. 6. 
 
 The words “general and uniform” have been omitted from the sec¬ 
 tion as revised, since under Section 22 of the Legislative Article no 
 local or special law can be passed affecting township or county govern¬ 
 ment- or affecting the fees or allowances of public officers. It is there¬ 
 fore unnecessary to duplicate that provision in this section. 
 
 The words"“fees, allowances and emoluments” used in both Sections 
 9 and 11 may be expressed by the words “public moneys”. That term is 
 a general and inclusive one, and is to be preferred to particular terms 
 
 like those used in the reference draft. 
 
 The reasons for consolidating these two sections are obvious. 
 Section 10. This section contains three main provisions: 
 
 .1. It determines when elective county officers shall go into 
 office. 
 
 2. It provides a uniform term of four years for all such officers. 
 
 3. It provides that the compensation of such officers shall not 
 be increased or diminished during their terms. 
 
 The last sentence of the reference draft, which expresses the third 
 provision as above outlined, has been dropped because it is coveted by 
 a section applicable to all officers in the State, which has been suggested 
 by this Committee as a section in a new article on “Officers”. 
 
 The first and second provisions as above outlined have been expressed 
 in the section as revised in a shorter and simpler form than that found 
 in the reference draft, but without any change in meaning. 
 
 The words “and until their successors are elected and have qualified 
 have been dropped. A new section has been suggested, covering all the 
 offices in the State, in regard to the matter covered by the above quota¬ 
 tion. (See Section 52 of the Judiciary Proposal as revised.) 
 
 Section 12. The first part of this section is taken practically with¬ 
 out change from Section 8 of the Revenue Article of the present Con¬ 
 stitution : the rest of the section is new. If the section is analyzed it 
 
 will be found to contain the following ideas: 
 
 1. County authorities shall not impose taxes for general pur¬ 
 
 poses in excess of seventy-five cents per one hundred dollars valu¬ 
 ation. . 
 
 2. This limit, however, may be exceeded if the excess is author¬ 
 ized by a vote of the people of the county. 
 
 3! If the General Assembly makes the county the unit for 
 imposing road and bridge taxes, then a tax for that purpose up to 
 seventy-five cents per one hundred dollars valuation may be imposed 
 by the county authorities. 
 
 4. This limit, however, may also be exceeded if the excess is 
 
 authorized by a vote of the people of the county. 
 
 The words “seventy-five cents per one hundred dollars valuation 
 have been changed to “three fourths of one per cent of valuation” in 
 order to conform to the language used in the revision of Section 8 and 
 9 of the Revenue Proposal, and in the revision of Section 15, Article L, 
 of the proposal on Chicago and Cook County. The term per cen is 
 preferable to “per centum”. (See Webster’s International Dictionary.) 
 
 The words “county authorities” have been dropped where they ap¬ 
 pear in the section, and the word “county” substituted instead. It is 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 409 
 
 obvious that any action by the county must be taken by the proper county 
 
 authorities. 
 
 As revised the Section expresses all of the ideas of the reference 
 draft in a clearer and simpler form. 
 
 Section 13. This is a new section, its purpose being to permit the 
 General Assembly to provide for the construction and improvement of 
 highways by special assessment, and for making the county the unit for 
 that purpose. At the present time special assessments may be levied 
 only by “cities”, “towns”, “villages” and “drainage districts”. The 
 Constitution forbids the granting of the power of special assessment for 
 local improvements to any other local government. (Section 9, Article 
 IX. See People v. Board of Commissioners, 221 Ill. 493, 1906; also 
 Beport of Attorney General 1917-18, p. 1034.) 
 
 The reference draft has been shortened and simplified in the sec¬ 
 tion as revised, but without change in meaning. 
 
 Section 11/.. No change is suggested in this section. 
 
 Report No. 18. 
 
 YOUR COMMITTEE ON PHRASEOLOGY AND STYLE, TO 
 WHICH WAS REFERRED A PROPOSAL ENTITLED JUDI¬ 
 CIAL DEPARTMENT (INTRODUCTION NO. 383, REFER¬ 
 ENCE NO. 20), AS AMENDED IN COMMITTEE OF THE 
 WHOLE, RESPECTFULLY REPORTS THAT IT HAS CON¬ 
 SIDERED SUCH PROPOSAL AND HEREWITH SETS 
 FORTH, FIRST, SAID PROPOSAL AS ADOPTED IN COM¬ 
 MITTEE OF THE WHOLE, AND SECOND, A SUBSTITUTE 
 THEREFORE AS RECOMMENDED BY THIS COMMITTEE, 
 
 (Proposal as Adopted in Committee of the Whole.) 
 
 Resolved, That the following shall become a part of the Constitu¬ 
 tion of Illinois: 
 
 Section 1. The judicial powers shall be vested in the Supreme 
 Court, Appellate Courts, Circuit Courts, County Courts in counties 
 other than Cook, the District Court of Cook County and justices of the 
 peace. 
 
 Section 2. The power to prescribe rules of pleading, practice and 
 procedure shall be vested exclusively in the courts; provided, that the 
 General Assembly may set aside or abrogate, by law, any rule prescribed 
 
 by any court. 
 
 Supreme Court. 
 
 Section 3. The Supreme Court shall have original jurisdiction ill 
 cases relating to the revenue, in quo warranto , mandamus, habeas corpus 
 and prohibition, and shall have appellate jurisdiction in all other cases. 
 Its appellate jurisdiction shall include the review of causes in which 
 questions of law have been differently determined by Appellate Courts. 
 Such review, until otherwise provided by law, shall be had in such man¬ 
 ner as the Supreme Court may by general rules prescribe. The Supreme 
 
410 
 
 JOURNAL OP THE 
 
 [Sept. 6, 
 
 Court shall have exclusive power to prescribe rules of pleading, practice 
 and procedure in all courts; provided, that the Appellate Courts, Circuit 
 Couits, County Courts and the District Court of Cook County shall have 
 power to make rules not inconsistent with the rules prescribed by the 
 Supreme Court. 
 
 Section 4. The sessions of the Supreme Court shall be held at the 
 seat of government of the State. Said court shall hold not less than 
 four teims annually at such times as it may fix, until otherwise provided 
 by law. 
 
 Section 5. The Supreme Court shall consist of seven justices, one 
 of vhorn to be chosen by themselves, shall be chief justice. A majoritv of 
 the justices shall constitute a quorum and the concurrence of four shall 
 be necessary to every decision. 
 
 Section 6. The State shall be divided into six districts for the elec¬ 
 tion of justices. The first district shall consist of the County of Cook 
 and two justices shall be elected from that district. The State, outside 
 of the County of Cook, shall be divided into five districts for the election 
 of justices, and until otherwise provided by law, they shall be as follows: 
 
 Second District: (Herein insert names of counties). 
 
 Third District: (Herein insert names of counties). 
 
 Fourth District: (Herein insert names of counties). 
 
 Fifth District: (Herein insert names of counties). 
 
 Sixth District: (Herein insert names of counties). 
 
 One justice shall be elected from each of said districts numbered 
 2, 3, 4, 5 and 6. 
 
 Section 7. The justices of the Supreme Court in office at the time 
 of the adoption of this Constitution shall continue to hold office during 
 the respective terms for which they were elected or appointed and until 
 their successors are elected and shall qualify. The term of office of 
 justices of the Supreme Court elected after the adoption of this Consti¬ 
 tution, other than justices elected or appointed to fill unexpired terms, 
 shall be ten years from the day of their election. 
 
 (Herein insert provisions for the extension of the terms of the 
 present justices, if necessary, to conform to the re-apportionment plan 
 and the election hereafter of justices in as nearly equal numbers as 
 possible every third year. Provision shall also be made for the election 
 of the additional justice from the first district in the year 1924 and for 
 the election of the two justices from that district in different years.) 
 
 Section 8. Whenever and as often as the majority of the justices of 
 the Supreme Court shall certify to the Governor that said court is un¬ 
 able, by reason of the death, disability or resignation of any justice or 
 justices of the Supreme Court, to hear and dispose of the causes pend¬ 
 ing in said court with reasonable dispatch, the Governor shall, for every 
 such vacancy or disability, designate a judge of the Appellate Court to 
 serve as an associate justice of the Supreme Court. Every judge so 
 designated shall be relieved from his duties as judge of the Appellate 
 Court and shall serve as an associate justice of the Supreme Court until 
 such vacancy shall have been filled or such disability removed, when he 
 shall return to the Appellate Court. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 411 
 
 Section 9. The Supreme Court shall appoint a c-lerk of the court 
 and a reporter of its decisions, each of whom shall hold his office for six 
 } r ears, subject to removal by the court. 
 
 Appellate Courts. 
 
 Section 10. The Appellate Courts shall be of uniform organization 
 and jurisdiction, and shall be known respectively as the Appellate Court 
 for the First District, the Appellate Court for the Second District, the 
 Appellate Court for the Third District and the Appellate Court for the 
 Fourth District. Said districts shall remain as now constituted until 
 otherwise provided by law. The Appellate Court for the First District 
 shall hold its sessions at Chicago, for the Second District at Ottawa for 
 the Third District at Springfield, and for the Fourth District at Mount 
 Vernon, until otherwise provided by law. Each of said Appellate Courts 
 shall consist of three judges and shall have such number of branches, of 
 three judges each, as the Supreme Court may from time to time de¬ 
 termine. Such branch courts shall have the same jurisdiction, powers, 
 duties and rules of practice as and the judges thereof the same quali¬ 
 fications as the judges of said Appellate Courts. The terms of the 
 ppellate Courts and branches shall be held at such times as the 
 Supreme Court may determine, unless otherwise provided by law. 
 
 Section 11. Appeals from and writs of error to the Circuit Courts, 
 County Courts and the District Court of Cook County may be prose- 
 cated in all cases. Appeals shall be taken to, and writs of error issued 
 from, the Supreme Court in all criminal cases in which the punishment 
 by the judgment of the court is death or imprisonment in the peniten¬ 
 tiary and in all cases in which a franchise, freehold or the validity of a 
 statute is involved. Appeals and writs of error in such other cases as 
 the Supreme Court may by general rule prescribe may be prosecuted to 
 or ±rom the Appellate Courts, and unless so prescribed, such other ap¬ 
 peals and writs of error shall be taken to, or issued from, the Supreme 
 Court directly. The Supreme Court may by general rule prescribe the 
 nal jurisdiction of the Appellate Courts, unless otherwise provided by 
 law. Judgments of the Appellate Courts in all criminal cases in which 
 the punishment fixed shall not involve imprisonment in the penitentiary 
 shall be final, except in cases in which the Supreme Court shall allow 
 review by certiorari. 
 
 Section 12. The term of office of the judges of the Appellate Courts 
 shall be six years. The Supreme Court shall, on or before the first day 
 ot January, A. D. 1922, and every sixth year thereafter, appoint the 
 judges of the Appellate Courts, and of such branch or branches thereof 
 as may have been created. The terms of office of the judges of said 
 courts shall expire on the first day of January, A. D. 1928,"and every 
 six years thereafter. The Supreme Court may, for good cause shown 
 remove any of said judges from office; and in case of any vacancy in 
 
 any of said Appellate Courts, the Supreme Court shall fill such vacancy 
 by appointment. 
 
 Section 13. The judges of the Appellate Court for each district, in¬ 
 cluding the judges of the branch or branches thereof, shall appoint a 
 
412 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 clerk of the court for such district, who shall hold his office for six 
 years, subject to removal by said judges. 
 
 Circuit Courts Outside of Cook County. 
 
 Section 14. The Circuit Court of each county is hereby continued, 
 and on the first Monday of May, A. D. 1922, the Circuit and City Courts 
 in each county other than Cook, where both courts exist, shall be con¬ 
 solidated into one court of record to be known as the Circuit Court. 
 
 Section 15. The Circuit Courts, other than the Circuit Court of 
 Cook County, shall have original jurisdiction of all causes at law and in 
 equity, and such other jurisdiction, original and appellate, as is or may 
 
 be provided by law. . » 
 
 Section 16. All judicial circuits established by law at the time ol 
 
 the adoption of this Constitution shall be preserved until changed by law. 
 The boundaries of such circuits may be changed and new circuits maj 
 be formed, exclusive of the County of Cook, by the General Assemb 
 at its session next preceding the election for circuit judges, but at no 
 other time; provided, that the circuits may be equalized or changed at 
 the first session of the General Assembly after the adoption of this Con¬ 
 stitution. Such circuits, when changed, or new circuits when created, 
 shall be formed of contiguous counties, in as nearly compact form and 
 as nearly equal as circumstances will permit, having due regard to busi¬ 
 ness, territory and population, and shall not exceed in number one cir¬ 
 cuit' for every one hundred fifty thousand of population m the State. 
 The creation 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 exceed¬ 
 ing one hundred thousand, shall occupy nine months of the year, t e 
 General Assembly may make of such county or counties, a separate cir¬ 
 cuit. Whenever additional circuits are created, the foregoing limita¬ 
 tions shall be observed. . , . , _ 
 
 Section 17. The judges of the Circuit Court of each circuit other 
 
 than the County of Cook, in office at the time. of the adoption of this 
 Constitution, shall continue to hold office during the term for whic 
 they were elected or appointed, and until their successors are elected 
 and shall qualify. The term of office of judges of the Circuit Court, 
 elected after the adoption of this Constitution, other than judges elected 
 or appointed to fill unexpired terms, shall be six years from the day ot 
 their election. At the annual election in November, A. D. 1927, and a 
 the animal election every six years thereafter there shall be elected in 
 each circuit, other than the County of Cook, three judges of the Circuit 
 
 Court 
 
 Section 18. The Circuit Court in each county shall always be open 
 for the transaction of business, provided, the General Assembly may 
 prescribe terms, not less than four annually for the convening of the 
 Circuit Court in any county for the disposition of criminal and common 
 law causes. In all chancery suits, and unless otherwise provided by law 
 for any county or counties, in criminal and common law causes, the 
 first Monday of each month shall be the return day for process. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 413 
 
 Section 19. Sessions of the Circuit Court shall be held at the county 
 seat of each county, but the judges of the circuit in which any county 
 is situate, or a majority of them, may by an order provide for the holding 
 o± two or more sessions of said court each year in any city whollv or 
 partly in the county other than the countv seat and assign for trial 
 thereat any cause pending therein, except criminal cases; provided, how¬ 
 ever, that such city or part thereof other than the county seat shall have 
 a population of at least five thousand inhabitants and shall provide suit¬ 
 able quarters for the holding of such sessions without any expense to the 
 county or the State. 
 
 County Courts. 
 
 Section 20. The County Court of each county, other than Cook, is 
 hereby continued and on the Tuesday next after the first Mondav of 
 November, A. D. 1922, the County and Probate Courts in each county 
 other than Cook, where both courts exist, shall be consolidated into one 
 court^of record to be known as the County Court. 
 
 Section 21. County Courts shall have original jurisdiction of all 
 matters of probate, guardianship, conservatorship and apprenticeship, the 
 administration and settlement of estates of deceased persons and pro¬ 
 ceedings for the sale of their real estate to pay debts and legacies, con¬ 
 current jurisdiction with Circuit Courts in testamentary trusts, all pro¬ 
 ceedings relating to taxes and assessments and for the collection thereof, 
 common law causes ex contractu where the sum involved does not exceed' 
 tv o thousand dollars exclusive of interest and costs, criminal cases below 
 the grade of felony, exclusive jurisdiction of all appeals from justices 
 
 of the peace, and such other jurisdiction as is or mav be provided by 
 
 general law. 
 
 Section 22. The judges of the County Courts in counties other than 
 ook, in office at the time of the adoption of this Constitution, shall 
 continue to hold office during the term for which they were elected or 
 appointed, and until their successors are elected and shall qualify. The 
 term of office of judges of County Courts elected after the adoption of 
 this Constitution, other than judges elected or appointed to fill unexpired 
 teims, shall be six years from the day of their election. At the annual 
 election in November, A. D. 1922, and at the annual election every six 
 ■years theieafter, there shall be elected in and for each county one judge 
 of the County Court. But the General Assembly may create districts of 
 two or more contiguous counties, in each of which districts shall be 
 electee! one judge, vho shall take the place and exercise the powers and 
 jurisdiction of judges of the County Courts in such districts. The Gen¬ 
 eral Assembly may also, by general law, provide for the election of an 
 additional judge of the County Court in counties having a population 
 exceeding seventy-five thousand. 
 
 Section 23. County Courts shall always be open for the transaction 
 of business and the first Monday of each month shall be the return dav 
 for process or appeal to said courts. 
 
414 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 Justices of the Peace and Constables Outside of Cook County. 
 
 Section 24. Justices of the peace and constables shall be elected or 
 appointed in and for such districts outside of the county of Cook, and 
 such justices of the peace shall have such uniform jurisdiction, as may be 
 provided by law. They shall receive the salaries fixed by the boards of 
 supervisors or county commissioners of the respective counties, which 
 salaries shall be paid by the districts in which they are severally elected 
 or appointed. All fees and emoluments received by any justice of the 
 peace or constable shall be paid into the treasury of the district in which 
 he is elected or appointed. 
 
 State's Attorneys. 
 
 Section 25. A State s attorney in and for each count}", whose term 
 of office shall be four years, shall be elected at the annual election in No¬ 
 vember, A. D. 1924, and every four years thereafter. 
 
 Circuit Court of Cook County. 
 
 Section 26. The county of Cook shall constitute one judicial cir¬ 
 cuit. On the first Monday of May, A. D. 1922, the Circuit, Superior, 
 County and Probate Courts of Cook County, and the City Court of Chi¬ 
 cago Heights, shall be consolidated into one court to be knowm as the 
 Circuit Court of Cook County. 
 
 Section 27. The Circuit Court of Cook County shall have original 
 jurisdiction of all causes at laiv and in equity, all matters of probate, 
 guardianship, conservatorship and apprenticeship, the administration, 
 and settlement of estates of deceased persons and proceedings for the 
 sale of their real estate to pay debts and legacies, all proceedings 
 relating to taxes and assessments and for the collection thereof, and 
 such other jurisdiction, original and appellate, as is or may be provided 
 by law. 
 
 Section 28. The Circuit Court of Cook County shall consist of 
 forty-two judges until their number shall be increased or decreased as 
 herein provided. The judges of the Circuit, Superior, County and Pro¬ 
 bate Courts of Cook County in office on the first Monday of May, A. D. 
 1922. shall be the judges of said consolidated court, and shall continue 
 to hold office during the respective terms for which they were elected or 
 appointed, and until their successors are elected and shall qualify. The 
 term of office of judges of the Circuit Court of Cook County elected after 
 the adoption of this Constitution, other than judges elected or appointed 
 to fill unexpired terms, shall be six years from the day of their election. 
 There shall be elected to the office of judge of the Circuit Court of Cook 
 County, at the annual election in November, A. D. 1923, successors to 
 the judges of the County and Probate Courts and to such of the judges 
 of the Superior Court whose terms shall then expire or have expired; at 
 the annual election in November, A. D. 1925, successors to such of the 
 judges of the Superior Court wffiose terms shall then expire or have ex¬ 
 pired and at the annual election in November, A. D. 1927, successors to 
 
1921.] 
 
 CONSTITUTIONAL CONVENT EON. 
 
 415 
 
 the present judges of the Circuit Court and to the judge of the Superior 
 Court whose terms shall have then expired. Subsequently, at the annual 
 election in November of the year in which the term of any judges of said 
 consolidated court shall expire, and every six years thereafter, successors 
 to such judges shall be elected. 
 
 District Court of Cook County. 
 
 Section 29. On the first Monday of May, A. D. 1922, the Criminal- 
 Court of Cook County and the Municipal Court of Chicago shall be con¬ 
 solidated into one court to be known as the District Court of Cook 
 County, whose territorial jurisdiction shall be coterminus with the limits 
 of the County of Cook. 
 
 Section 30. The District Court of Cook County shall have original 
 jurisdiction of all cases of a criminal and quasi-criminal nature, arising 
 in the county of Cook, or that may be brought before said court, pur¬ 
 suant to law; and all bonds, recognizances and appeals in criminal and 
 quasi-criminal cases shall be returnable and taken to said court. 4 he 
 District Court shall also have civil .jurisdiction as follows: (a) in all 
 actions founded on contract where the amount claimed does not exceed 
 two thousand dollars, exclusive of interest and costs; (b) in all actions 
 sounding in tort where the damages claimed do not exceed two thousand 
 dollars; (c) exclusive jurisdiction of all appeals from justices of the 
 peace, and (d) in such statutory proceedings as may be conferred by 
 general law. 
 
 Section 31. The District Court of -Cook County shall consist of 
 thirty-one judges until their number shall be increased or decreased as 
 herein provided. The judges of the Municipal Court of Chicago in office 
 on the first Monday of May, A. D. 1922, shall be judges of the District 
 Court of Cook County until the expiration of the respective terms for 
 which they were elected or appointed, and until their successors are elec¬ 
 ted and shall qualify. The term of office of judges of the District Court 
 of Cook County elected after the adoption of this Constitution, other 
 than judges elected or appointed to fill unexpired terms, shall be six years 
 from the day of their election. There shall be elected to the office of 
 judge of the District Court of Cook County at the annual election in 
 November, in each of the years, A. D. 1923, 1925, and 1927, successors 
 to such of the judges of the Municipal Court of Chicago whose^ terms 
 shall then have expired. Subsequently, at the annual election in No¬ 
 vember of the year in which the term of any judges of said District Court 
 shall expire, and every six years thereafter, successors to such judges 
 shall be elected. 
 
 Section 32. The Supreme Court shall designate judges of the Dis¬ 
 trict Court of Cook County, who shall hold the criminal branches of said 
 District Court. Each said designation shall be for a definite period not 
 extending beyond the term of office of the judge so designated. 
 
 Section 33. Sessions of the District Court of Cook County shall be 
 held at the city of Chicago. The General Assembly may, however, pro¬ 
 vide for the holding of branches of said court in cities, villages, and 
 incorporated towns, within said county, other than the city of Chicago, 
 
416 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 which have a population of at least five thousand inhabitants. Suitable 
 quarters for the holding of the criminal branches of said court shall be 
 provided by the county of Cook. All other branches or sessions of said 
 court shall be held in quarters furnished respectively by the city of 
 Chicago, and such other cities, villages and incorporated towns in which 
 such branches or sessions shall be held, without expense' to the county 
 or the State. 
 
 Circuit and District Courts of Cook County. 
 
 Section 34. The Supreme Court shall appoint a chief justice of each 
 of said courts from the judges thereof, and each of the judges of said 
 courts may hold a branch of the court of which he is a member. Upon 
 the concurrence of the chief justices of both courts, and by an order, 
 either specific or general, entered of record in each court, any judge 
 of either court may be assigned to duty in, and hold a branch of, the 
 other court ; and any cause or matter may be in like manner transferred 
 from one court to the other, provided the cause or matter transferred is 
 within the jurisdiction of the court receiving it. 
 
 Section 35. The chief justices of the Circuit and District Courts 
 of Cook County shall have power and authority to establish departments 
 and branches of the respective courts over which they preside; to assign 
 the judges of such courts to duty in such departments and branches and 
 to change such assignments from time to time, as the proper dispatch 
 of business of said courts may require. The judge so assigned shall per¬ 
 form the duties appertaining‘to such assignment. One of the depart¬ 
 ments of the Circuit Court of Cook County shall be known as the Juve¬ 
 nile and Domestic Relations Court. It shall hear and determine such 
 causes and proceedings as may be assigned to it by general order of said 
 Circuit Court. 
 
 Section 36. The chief justice of the Circuit Court of Cook County 
 shall, until otherwise provided by law, exercise the power and authority 
 conferred and perform the duties imposed by law, at the time of the 
 adoption of this Constitution, upon the County Judge of Cook County. 
 
 Section 37. The General Assembly may increase the number of 
 the judges of the Circuit and District Courts of Cook Countv bv adding 
 one to either of said courts, but not to both, for every additional fifty 
 thousand inhabitants in said county above a population of three million 
 four hundred thousand. The number of the judges of said courts, or of 
 either of them, may also be decreased by the General Assembly whenever, 
 in its judgment such decrease shall be justified. 
 
 Section 38. Whenever electors of Cook County equal in number to 
 one-tenth of the vote cast for all candidates for President of the County 
 Board of Commissioners at the last preceding election thereof shall peti¬ 
 tion the chief justice of the Circuit Court of said county to submit to 
 a vote of the electors thereof the proposition as to whether said county 
 shall adopt the system for the appointment of the judges of the Circuit 
 and District Courts of Cook County hereinafter provided, it shall be the 
 duty of such chief justice to submit such proposition to a special county 
 election to be called by such judge within ninety days, by entering of 
 
1921.1 
 
 CONSTITUTIONAL CONVENTION. 
 
 417 
 
 record in said court an order to that effect. But if at any such special 
 e ec-tion such proposition shall not be adopted, said proposition shall not 
 be again submitted for two years. Such election shall be held under 
 the election laws in force in Cook County. If such proposition receives 
 the amrmative Y °te of a majority of those voting thereon, such system 
 ot appointment shall be adopted, and the chief justice shall proclaim the 
 adoption thereof. The form of such petition, and of its verification, and 
 ot the ballots to be used in such election and the manner of voting there¬ 
 in, and the public notice thereof to be given, and the method of certifica¬ 
 tion and recording of the result of said election, shall be prescribed by 
 lav, or by the Supreme Court in case the same shall not have been 
 prescribed by law. After the adoption of such proposition, the method 
 of choosing judges of the Circuit and District Courts of Cook County 
 shall be as follows : Upon the occurrence of a vacancy in the office of any 
 judge of said county, the Governor shall fill such vacancy by appoint¬ 
 ment, from a list of eligible persons furnished to him by a majority of 
 the justices of the Supreme Court, including a majority of the justices 
 thereof from the Seventh Supreme Judicial District, which list shall 
 contain the names of four or more persons for each judge to be appointed 
 not more than half of whom shall be affiliated with the same political 
 party. Excepting as in this section is otherwise provided, each jud^e 
 appointed by the Governor for said county of Cook shall hold his office 
 during good behavior. At the annual election in November of every 
 sixth year after the adoption of such system of appointment, an election 
 shall be held m the county of Cook to enable the duly qualified electors 
 thereof to express their approval or disapproval of the judges so ap¬ 
 pointed and then in office. The method of voting and the form of ballots 
 to be used at such election shall be prescribed by law. If at any such 
 election a majority of the electors of said county voting at such election 
 shall by their votes express their disapproval of any such judge, his office 
 siad, after the expiration of ninety days therefrom, become vacant, and 
 he shall be ineligible to appointment as a judge of said court for a period 
 of six years thereafter. 
 
 Section 39. The judges of the Circuit Court, and the State’s At- 
 orney, of. Cook County, shall be paid, out of the State treasury, the 
 same salaiies as are now or may be paid from said treasury to the circuit 
 judges and State’s attorneys of the State. The judges of the District 
 Court shall be paid, out of the said treasury, the maximum salary now 
 or hereafter paid therefrom to the county judges of the State. Both 
 ^e Circuit and District Courts, and the State’s attorney, 
 n 00 ^ t> e paid such further compensation by the county 
 
 of Cook as is or may be provided by law. The judges of'the District 
 Court who shall be designated by the Supreme Court to hold the crim¬ 
 inal branches of said District Court shall, while so designated, receive 
 the same compensation from the State treasury and the county of Cook 
 as is or may be paid to the circuit judges of that county. 
 
 Section 40. filie clerks of the Circuit Court of Cook County and the 
 Municipal Court of Chicago, at the time of the adoption of this Consti¬ 
 tution, shall be respectively the clerks of the Circuit and District Courts 
 
 —27 C J 
 
418 
 
 JOURNAL OF THE 
 
 [Sept. 6. 
 
 of Cook County, and shall continue in office during the terms for which . 
 they were respectively elected. The clerks of the Superior and Probate 
 Courts of Cook County shall be deputy clerks of the Circuit Court, and 
 the clerk of the Criminal Court of Cook County shall be a deputy'derk 
 of the District Court of Cook County, during the terms for which they 
 were respectively elected, and at the salaries received by them, at the 
 time of the adoption of this Constitution. Thereafter only one clerk of 
 the Circuit Court and one clerk of the District Court, of Cook County, 
 shall be elected, each of whom shall hold his office for the term of four 
 years. 
 
 Justices of tile Peace and Constables in Cook County. 
 
 Section 41. The chief justice of the District Court of Cook County 
 shall appoint a justice of the peace and constable in and for each town 
 in the county of Cook outside of the city of Chicago, and in and for 
 that portion of each town partly within and partly without said city 
 which is outside of said city, each of whom shall hold his office for the 
 period of two years. Any such justice of the peace or constable may be 
 removed from office at any time by said chief justice, and the cause for 
 every such removal shall be entered of record. Such justices of the 
 peace shall have the same jurisdiction and such constables shall perform 
 the same duties as justices of the peace and constables respectively have 
 and perform outside of the county of Cook. An additional justice of 
 the peace and constable may be appointed in and for each such town or 
 portion of a town for every additional ten thousand inhabitants therein, 
 or i^ijor portion thereof, above a population of ten thousand. Saiu 
 justices and constables shall receive the respective salaries fixed b} r the 
 Board of Countv Commissioners, which salaries shall be paid by the 
 county of Cook;'and all fees and emoluments received by them shall be 
 paid into the treasury of that county. 
 
 General Provisions. 
 
 Section 42. No person, other than one who is a judge of the court 
 at the time of the adoption of this Constitution, shall be eligible to the 
 office of justice of the Supreme Court or judge of the. Apellate or Cir¬ 
 cuit Court, unless, at the time of his election or appointment, he shall 
 be at least thirty-five years of age, and shall have been engaged in this 
 State, either in active practice as an attorney and counselor-at-law oi 
 in the discharge of the duties of a judicial office for at least ten years 
 preceding his election or appointment, or in one of said occupations 
 durino’ a portion of said time and in the other the remaining poition 
 thereof; nor to the office of judge of the County Court or the Distric 
 Court of Cook County, unless, at the time of his election or appoint¬ 
 ment, he shall be at least thirty years of age and shall have been so 
 en°a°'ed for at least five years preceding his election or appointment.. 
 
 ° Section 43. The boundaries of the districts for the election of jus¬ 
 tice of the Supreme Court and the boundaries of the Appellate Court 
 districts may be changed by the General Assembly, but such alterations 
 
1921 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 419 
 
 shall only be made, as nearly as county boundaries will allow, upon the 
 basis of equality of population, and the districts shall be composed o 
 contiguous counties in as nearly compact form as circumstances will 
 permit. The alterations of the districts shall not affect the tenure of 
 office of any justice of the Supreme Court or judge of the Appellate 
 
 Court 
 
 Section 44. The Supreme Court shall have power and authority, 
 from time to time, to assign, for such periods as it may designate, judges 
 of the Appellate Court to districts other than those for which they were 
 appointed and judges of the Circuit Courts to circuits other than those 
 
 for which they are elected. . . ,. , n 
 
 Section 45. Each court into which, by the provisions of this aiticle, 
 
 other courts are consolidated, shall immediately, upon such conso u a- 
 tion succeed to and assume jurisdiction of all causes, matters and pro¬ 
 ceedings then pending in all courts of which it is the successor, wnh 
 full power and authority to dispose of the same and to carry in o 
 execution or otherwise to give effect to all orders, judgments and deciees 
 theretofore entered by the respective courts thus consolidated. 
 
 Section 46. No action or proceeding shall be open to objection on 
 the ground that a merely declaratory judgment or decree or order is 
 sought thereby, and the court may make a binding, declaration of Tight, 
 whether any consequential relief is or could be claimed, or not, as maj 
 
 1,6 P SecWon 47. k The office of judge of the city court and judge of the 
 probate court or probate judge shall be abolished from and after the re¬ 
 spective consolidations of city and probate courts with other courts as 
 in this article provided. The offices of justices of the peace and constable 
 existing at the time of the adoption of this Constitution shall from and 
 after the election or appointment and qualification of justices of the peace 
 and constables in the respective districts, towns or portions of towns, m 
 accordance with the provisions of this article, as to such districts, town. 
 
 or portions of towns, be abolished. . , 
 
 Section 48. The electors of any district outside ot the count} ot 
 
 Cook, and of any town in the county of Cook, outside of the city ot 
 Chicago, or of that portion of any town partly within and partly without 
 said city which is outside of said city, or of that county outside of said 
 city as a whole, may, at any time, by a majority vote, m such mannei as 
 the General Assembly shall prescribe, abolish the offices of justice of 
 peace and constable, or either of them, within the jurisdiction of the 
 
 electorate voting upon the question. , 
 
 Section 49. The salaries of the justices of the Supreme Court and 
 of the judges of the Appellate Court, Circuit Court and County Court 
 and the District Court of Cook County shall be fixed by law, and, except 
 as otherwise prescribed in this article, shall be paid out of the Sh 
 treasury. The salary of no judicial officer after it has been fixed by law 
 shall be increased or decreased during the term for which lie is elected 
 or appointed, and no justice of the Supreme Court 01 judge o. w 
 Appellate Court, Circuit Court or County Court or the District Court 
 of Cook County shall receive any other compensation, perquisite 01 >ene- 
 
420 
 
 JOURNAL OP TRIE 
 
 [Sept. 6 7 
 
 fit in any form whatever, nor shall he perform any duties, other than 
 judicial, or engage in the practice of law so long as he shall hold the 
 office of such justice or judge. 
 
 Section 50. All laws relating to courts shall be general and of 
 uniform operation; and the organization, jurisdiction, powers, proceed¬ 
 ings, and practice of all courts of the same class or grade, so far as regu¬ 
 lated by law, and the force and effect of the process, judgments^ and de¬ 
 crees of such courts severally, shall be uniform. 
 
 Section 51. The General Assembly may, for cause entered on the 
 journal of each House, upon due notice and opportunity of defense, re¬ 
 move from office any judge, upon concurrence of three-fourths of all thu 
 members elected, of each House. All other officers in this article men¬ 
 tioned shall be removed from office on prosecution and final conviction 
 for misdemeanor in office. 
 
 Section 52. All judicial officers shall be commissioned by the Gov¬ 
 ernor. All officers provided for in this article shall hold their offices until 
 their successors shall qualify, and they shall, respectively, reside in the 
 district, circuit, or county for which they may be elected or appointed. 
 Unless otherwise provided in this article, the terms of office of all such 
 officers shall be four years, and they shall perform such duties and receive 
 such salaries as are, or may be, provided by law. The appointing power 
 to fill vacancies in elective judicial offices is hereby vested in the Governor. 
 
 Section 53. All process shall run: In the name of the People of the 
 State of Illinois; and all prosecutions shall be carried on: In the name 
 and by the authority of the People of the State of Illinois ; and conclude: 
 Against the peace and dignity of the same. 
 
 Section 54. “Population,” whenever used in this article, shall be 
 determined by the next preceding census of this State or of the United 
 States. 
 
 PROPOSAL AS RECOMMENDED BY THIS COMMITTEEE. 
 
 Section 1. The judicial power shall be vested in the Supreme 
 Court, the Appellate, Circuit and County Courts, the District Court of 
 Cook County and justices of the peace. 
 
 SUPREME COURT. 
 
 Sec. 2. (Reference Sections 5 and 6 and part of Section 7.) The 
 Supreme Court shall consist of seven justices elected for terms of ten 
 years, from six districts of the State. The First District shall consist 
 of the County of Cook as constituted at the adoption of this Constitution. 
 Until otherwise provided by law the other districts shall be constituted 
 as follows: 
 
 Second District: (Name Counties). 
 
 Third District: (Name Counties). 
 
 Fourth District: (Name Counties). 
 
 Fifth District: (Name Counties). 
 
 Sixth District: (Name Counties). 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 421 
 
 Two justices shall be elected from the First District and one justice 
 from each of the remaining districts. 
 
 Sec. 3. (Reference Section 8.) Whenever a quorum of the Su¬ 
 preme Court certifies to the Governor that the Court is unable to dis¬ 
 pose of its pending cases with reasonable dispatch/because of the death, 
 disability or resignation of any justice, the Governor shall designate a 
 judge of one of the Appellate Courts who shall serve as a justice of the 
 Supreme Court, and receive the salary paid a justice of that court, until 
 the vacancy is filled or the Supreme Court certifies to the Governor that 
 the disability is removed, when he shall return to the Appellate Court. 
 
 Sec. 4. (Reference Sections 4 and 9.) The Supreme Court shall 
 sit at the seat of government, and until otherwise provided by law shall 
 hold annually at least four terms at such times as it may fix. Four 
 justices shall constitute a quorum and the concurrence of four shall be 
 necessary to every decision. 
 
 The Supreme Court shall choose one of its members chief justice 
 and shall appoint its clerk and a reporter of its decisions for terms of 
 six years subject to removal by the court. 
 
 Sec. 5. (Reference Section 3.) The Supreme Court shall have 
 original jurisdiction in cases relating to the revenue, in quo warranto, 
 mandamus, habeas corpus and prohibition, and appellate jurisdiction 
 in all other cases. The Supreme Court shall review cases where ques¬ 
 tions of law have received conflicting determination by Appellate Courts, 
 such review to be regulated by the Supreme Court until otherwise pro¬ 
 vided by law. 
 
 Sec. 6. (Reference Section 2.) The Supreme Court shall have 
 exclusive power to prescribe rules of pleading, practice and procedure 
 in all courts, but rules not inconsistent therewith may be prescribed by 
 other courts of record. Any rule of court may be set aside by law. 
 
 APPELLATE COURTS. 
 
 Sec. 7. (Reference Sections 10, 12 and 13.) There shall be four 
 Appellate Courts of uniform jurisdiction having such districts and sit¬ 
 ting at such places as provided by law. Each Appellate Court shall 
 consist of three judges appointed by the Supreme Court for terms of 
 six years. The Supreme Court shall determine the times for holding 
 the terms of the Appellate Courts, unless otherwise provided by law; 
 shall fill vacancies in those courts and for good cause shown may re¬ 
 move any judge thereof. 
 
 Each Appellate Court shall appoint its clerk for a term of six years 
 subject to removal by the Court. 
 
 Each Appellate Court may have one or more branches as determined 
 by the Supreme Court. If the Supreme Court abolishes any such branch 
 court the terms of its judges shall thereupon expire. 
 
 The term Appellate Court shall include any branch thereof. 
 
422 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 APPEALS AND WRITS OF ERROR. 
 
 Sec. 8. (Reference Section 11.) Appeals from and writs of error 
 to Circuit Courts, County Courts and the District Court of Cook County 
 may be prosecuted in all cases as follows: 
 
 To or from the Supreme Court in criminal cases where the sen¬ 
 tence is death or imprisonment in the penitentiary, and in cases where 
 a franchise or freehold or the validity of a statute is involved; 
 
 To or from the Appellate Courts in such other cases as mav be 
 prescribed by general rule of the Supreme Court; 
 
 To or from the Supreme Court in all other cases. 
 
 The Supreme Court by general rule may prescribe the final juris¬ 
 diction of Appellate Courts in civil cases, unless otherwise provided by 
 law. Judgments of the Appellate Courts in criminal cases shall be 
 final unless the Supreme Court allows review by certiorari. 
 
 CIRCUIT COURTS OUTSIDE OF COOK COUNTY. 
 
 Sec. 9. (Reference Sections 15, 16, 17, 18 and 19.) The State 
 outside of the County of Cook shall be divided into judicial circuits 
 formed of contiguous counties, as compact in form and as nearly equal 
 as circumstances permit, having regard to business, territory and popu¬ 
 lation. The number of such circuits shall not exceed one for every one 
 hundred and fifty thousand population in the part of the State so divided, 
 except that any circuit may be formed of a count} 7 or contiguous counties 
 having a population exceeding one hundred thousand if the business of 
 the Circuit Court or Courts therein occupies nine months of the year. 
 
 The circuits existing at the adoption of this Constitution may be 
 changed by law but only at the first session of the General Assembly 
 after such adoption, or at a session next preceding an election for 
 circuit judges. Xo such change shall affect the term of any judge. 
 
 In every such circuit there shall be simultaneously elected for terms 
 of six years, three judges of the Circuit Court. 
 
 There shall be a Circuit Court in each county of every such circuit, 
 having original jurisdiction of all cases at law and in equity and such 
 other jurisdiction, original and appellate, as provided by law. 
 
 Such Circuit Courts shall always be open for the transaction o 
 business, but terms of court not less than four annually may be pre¬ 
 scribed by law for criminal and common law cases. In chancery cases, 
 and unless otherwise provided by law, in criminal and common law cases, 
 the first Monday of each month shall be return day for process. 
 
 Such Circuit Courts shall sit at the county seat of the county; but a 
 majority of the judges of the circuit may provide (except in criminal 
 cases) for holding branches in any city wholly or partly in the county 
 whenever such city or part thereof has not less than five thousand popu¬ 
 lation and suitable quarters for holding court are provided without ex¬ 
 pense to the county or State. 
 
 I~r> 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 423 
 
 COUNTY COURTS. 
 
 Sec. 10. (Reference Sections 21, 22 and 23.) There shall be 
 a County Court in each county (except the county of Cook), which shall 
 have original jurisdiction of matters of probate, guardianship, conser¬ 
 vatorship, apprenticeship, the administration and settlement of estates 
 of deceased persons and proceedings to sell their real estate to pay debts 
 and legacies; of proceedings relating to taxes and assessments and their 
 collection; of common law cases ex contractu where the sum involved 
 exclusive of interest and costs does not exceed two thousand dollars; of 
 criminal cases below the grade of felony; exclusive jurisdiction of appeals 
 from justices of the peace; concurrent jurisdiction with the Circuit 
 Courts of testamentary trusts; and such other jurisdiction as provided 
 by law. 
 
 A judge of the County Court shall be elected for a term of six years 
 in every such count} 7 , except where contiguous counties may by law be 
 made a district, when one judge shall be elected for a like term for all 
 County Courts in the district. Counties having more than 75,000 popu¬ 
 lation may elect an additional judge of the County Court as provided by 
 law. 
 
 The County Courts shall always be open for the transaction of busi¬ 
 ness and the first Monday of each month shall be return day for process 
 
 and appeals. 
 
 COURTS IN COOK COUNTY. 
 
 Sec. 11. (Reference Section 26.) The county of Cook shall 
 constitute one judicial circuit, and shall have a Circuit Court and the 
 District Court of Cook County. 
 
 Sec. 12. (Reference Section 27 and 28.) The Circuit Court 
 of Cook County shall consist of forty-two judges (until the number is 
 changed by law) elected for terms of six years. 
 
 The court shall have original jurisdiction of cases at law and in 
 equity; of matters of probate, guardianship, conservatorship, apprentice¬ 
 ship, the administration and settlement of estates of deceased persons 
 and proceedings to sell their real estate to pay debts and legacies; pro¬ 
 ceedings relating to taxes and assessments and their collection; and such 
 other jurisdiction, original and appellate, as provided by law. The court 
 shall sit at the county seat. 
 
 Sec. 13. (Reference Sections 30, 31 and 33.) The District 
 Court of Cook County shall consist of thirty-one judges (until the num¬ 
 ber is changed by law) elected for terms of six years. 
 
 The court shall have original jurisdiction of cases of a criminal 
 or quasi-criminal nature, including bonds and recognizances taken in 
 such cases; of common law cases ex contractu where the amount claimed 
 exclusive of interest and costs does not exceed two thousand dollars; of 
 cases in tort where the damages claimed do not exceed two thousand 
 dollars; exclusive jurisdiction of appeals from justices of the peace; 
 and jurisdiction of such statutory proceedings as provided by law. 
 
JOURNAL- OF THE 
 
 [Sept. 6, 
 
 424 
 
 The court shall sit in the city of Chicago, but provision may be 
 made by law for holding branches of the court in other cities of the 
 county having a population of at least five thousand. The county of 
 Cook shall provide suitable quarters for holding the criminal branches 
 of the court; the city .of Chicago or any city where the other branches 
 of the court are held, shall respectively furnish quarters for such branches 
 without expense to the county or State. 
 
 Sec. 14. (Beference Sections 32, 34 and 35.) The. chief jus¬ 
 tices of the Circuit and District Courts of Cook County shall he appointed 
 by the Supreme Court from the judges of those courts respectively. 
 
 Such chief justices may jointly assign any judge of either court to 
 duty in the other court or, subject to the jurisdiction of each court, 
 transfer any case or class of cases from one court to the other. 
 
 There shall be a criminal branch of the District Court of Cook 
 County composed of judges of that court assigned for definite periods 
 by the Supreme Court in such numbers as it may determine. There shall 
 be a branch of the Circuit Court of Cook County called the Juvenile 
 and- Domestic Belations Court, having jurisdiction of such cases as are 
 assigned to it by general order of such Circuit Court. Each chief justice 
 may establish other branches or departments of his court and assign 
 judges to duty therein. 
 
 Sec. 15. ‘ (Beference Section 37.) The number of judges of the 
 Circuit and District Courts of Cook County may be increased by adding 
 one judge to either court, but not to both, for every fifty thousand popu¬ 
 lation in the county above three million four hundred thousand. The 
 number of judges of either or both of such courts may be decreased as 
 provided by law. 
 
 Sec. 16. (Beference Section 38.) The electors of Cook County, 
 equal in number to one-tenth of the total vote cast for President of the 
 County Board at the last preceding election may file.in the Circuit Court 
 of Cook County a petition to submit to a vote the proposition whether 
 the county shall adopt the system hereinafter provided for appointing 
 judges. Thereupon the chief justice of that court by an order entered 
 of record shall call a special county election for submitting such propo¬ 
 sition within ninety davs after such order is entered. The election shall 
 be held under the election laws in force in the county. If the proposi¬ 
 tion is approved by a majority of those voting thereon, it shall be de¬ 
 clared adopted by such chief justice. If the proposition is not approved 
 it shall not again be submitted for two years. The form of the petition 
 and its verification, and of the ballots to be used at the election, the 
 manner of voting, the public notice to be given, the method of certifying 
 and recording the result of the election, and other necessaiv details 
 shall be prescribed by law or by the Supreme Court if not prescribed 
 by law. 
 
 After the adoption of such proposition the manner of choosing 
 judges for the Circuit and District Courts of Cook Count} shall be a^ 
 
 follows: . , . . , , 
 
 The Governor shall fill any vacancy in those courts by appointment 
 
 from a list containing the names of not less than four eligible persons 
 for each vacancy, nominated by a majority of the Supreme Court, not 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 425 
 
 more than one-half of such persons to be affiliated with the same political 
 party. Each judge so appointed shall hold his office during good be¬ 
 havior, subject to removal as herein provided. At the annual election 
 every sixth year after the adoption of such system of appointment, the 
 electors of the county shall be given an opportunity to express their 
 disapproval of the judges of those courts so appointed and then in office. 
 The method of voting, the form of ballots to be used at such election, 
 and other necessary details, shall be prescribed by law. If a majority 
 of those voting at the election express their disapproval of any judge, 
 his office shall become vacant at the expiration of ninety days after the 
 election, and for a period of six years thereafter he shall be ineligible 
 to appointment as a judge of such courts. 
 
 JUSTICES OF THE PEACE AND CONSTABLES. 
 
 Sec. 17. (Reference Sections 24, 41 and. 48'.) Justices of the 
 peace and constables shall be elected or appointed in such districts out¬ 
 side of the County of Cook, as provided by law. 
 
 A justice of the peace and constable shall be appointed by the chief 
 justice of the District Court of Cook County in each town or portion of 
 town in that county outside of the City of Chicago, each of whom shall 
 hold office for two years unless sooner removed by such chief justice for 
 cause shown of record. An additional justice of the peace and constable 
 may be appointed in every such town, or portion of town, for every ten 
 thousand population (or remainder equal to a major portion thereof) 
 above ten thousand. Such justices of the peace shall have the same juris¬ 
 diction and such constables shall perform the same duties in the part of 
 the County of Cook outside of the City of Chicago as like officials in the 
 rest of the State. 
 
 Justices of the peace and constables shall receive, from their respec¬ 
 tive districts, salaries to be fixed bv the County Board and shall pay into 
 the treasury of the district their fees and emoluments. 
 
 The office of justice of the peace or constable may be abolished in 
 any county’(or any town in the county of Cook) by vote of the electors 
 thereof, as provided by law. 
 
 GENERAL PROVISIONS. 
 
 Sec. 18. (Reference Section 25.) There shall be a State/s attorney 
 in each county elected for a term of four years. 
 
 Sec. 19. (Reference Sections 39 and 49.) The officers pro¬ 
 
 vided for by this article (except justices of the peace and constables) 
 shall be paid salaries by the State. In the county of Cook they shall 
 each receive the maximum salary paid such officers respectively in the 
 rest of the State, and such further compensation from the county of 
 Cook as provided by law. Judges of the District Court of Cook County 
 
JOTJKXAL OF THE 
 
 42(3 
 
 [Sept. 6 7 
 
 shall each receive the maximum salary paid judges of the County Court 
 in the rest of the State, and such further compensation from the Countv 
 of Cook as provided by law; but while assigned to the criminal branch 
 ot that court the}'' shall receive the same compensation as judges of the 
 Circuit Court of that county. 
 
 Xo judge of any court of record shall receive anv compensation, 
 perquisite or benefit other than his salary nor engage in the practice 
 of law nor perform any duties other than those of his office. 
 
 Sec. 20. (Reference Section 42.) Justices of the Supreme 
 Court and judges of the Appellate and Circuit Courts shall be at least 
 thirty-five }eai. < 5 of age and shall in this State have engaged in the active 
 practice of law or have acted as a judicial officer or both for at least ten 
 years; and judges of the County Courts and District Court of Cook 
 County shall be at least thirty years of age and have had like experience 
 
 for at least five vears. 
 
 */ 
 
 Sec. 21. (Reference . Section 43.) The Supreme Court Dis¬ 
 
 tricts (other than the First) and the Appellate Court Districts, if 
 changed by law, shall be formed of contiguous counties and be as com¬ 
 pact in form and as nearly equal in population as circumstances permit. 
 Xo such change shall affect the term of any judge. 
 
 Sec. 22. (Reference Section 44.) The Supreme Court may 
 
 tiansfer judges of the Appellate Courts from one district to another 
 and judges of the Circuit Courts from one circuit to another. 
 
 . ^ ec - 23. (Reference Section 46.) Xo case shall be open to ob¬ 
 jection because a merely declaratory judgment, decree or order is sought; 
 and binding declarations of right may be made by courts as provided bv 
 law whether or not any consequential relief mav be claimed. 
 
 Sec. 24. (First part of Reference Section 51.) The General 
 Assembly upon due notice and opportunity for defense, and for cause 
 enteied upon the Journal of each house, may remove anv judge upon 
 concurrence in each House of three-fourths of its elected members. All 
 other officers named in this article shall be removed from office on prose¬ 
 cution and final conviction for misdemeanor in office. 
 
 Sec. 25. (Reference Section 52.) Judicial officers shall be com¬ 
 missioned by the Governor and the appointing power to fill vacancies in 
 elective judicial offices shall be vested in him. The officers provided 
 for by this article shall reside respectively in the district, circuit, or 
 county, for which they are elected or appointed, and shall perform such 
 duties as provided by law. The terms of elective judicial officers shall 
 begin on the day of their election. 
 
 Sec. 26. (Reference Section 53.) Process shall run: In the name 
 of the People of the State of Illinois. Prosecutions shall be carried on: 
 In the name and by the authority of the People of the State of Illinois ': 
 amd shall conclude: Against the peace and dignity of the People of the 
 State of Illinois. 
 
 TO BE PUT IX ARTICLE OX “OFFICERS ” 
 
 (Last part of Reference Section 51.) All officers in this State shall 
 be removed from office on prosecution and final conviction for misde¬ 
 meanor in office. 
 
1921 .] 
 
 COXSTITUTIOXAL COXVEXTIOX'. 
 
 427 
 
 (Part of Reference Section 52.) All officers in this State shall 
 hold office until their successors have qualified. 
 
 Schedule. 
 
 (Transferred from Judicial Department.) 
 
 (Reference Sections 14 and 20.) On May 1, 1922, the City Courts 
 in counties other than the county of Cook shall be consolidated with the 
 Circuit Court of the county, and on November 7, 1922, the Probate 
 Courts in such counties shall be consolidated with the County Court of 
 the county. The office of any judge whose court has been so consolidated 
 shall thereupon be abolished. 
 
 (Parts of Reference Sections 17 and 22.) After the adoption of 
 this Constitution the first regular election for judges of the Circuit 
 Courts shall be held in November, 1927, and the first regular election 
 for judges of the County Courts shall be held in November, 1922. 
 
 (Parts of Reference Section 28, 29, 31 and 40.) On May 1, 1922, 
 the Superior, Probate and County Courts of Cook County and the City 
 Court of Chicago Heights shall be consolidated with the Circuit Court 
 of Cook County, and the judges of such Circuit, Superior, Probate and 
 County Courts shall become judges of such consolidated court; the 
 Criminal Court of Cook County and the Municipal Court of Chicago 
 shall be consolidated into the District Court of Cook County, and the 
 judges of the Municipal Court of Chicago shall become judges of such 
 consolidated court; the clerk of the Circuit Court of Cook County shall 
 continue as such clerk; the clerk of the Municipal Court of Chicago shall 
 become the clerk of the District Court of Cook County; the clerks of the 
 Superior and Probate Courts of Cook County shall become deputy clerks 
 of the Circuit Court of Cook County and the clerk of the Criminal Court 
 of Cook County shall become a deputy clerk of the District Court of 
 Cook County, such deputy clerks to hold office during the time for which 
 they were respectively elected and at the salaries received by them 
 respectively at the time of such consolidation; the office of clerk ol the 
 County Court of Cook County shall be abolished. 
 
 Except as otherwise provided in this Constitution, the office of anv 
 judge whose court has been so consolidated shall be abolished when such 
 
 consolidation takes effect. 
 
 In November 1923, 1925 and 1927, there shall be elected judges 
 of the Circuit Court of Cook County and the District Court of Cook 
 County to succeed respectively the judges of those courts whose terms 
 
 shall have then expired. 
 
 (Reference Section 45.) Cases pending in any court which is con¬ 
 solidated with another court by this Constitution shall be proceeded in 
 by the succeeding court in all respects. 
 
 (Reference Section 47.) The office of justice of the peace and 
 constable existing at the adoption of this Constitution shall be abolished 
 upon the qualification in their respective counties (or towns or portions 
 of towns in the county of Cook) of justices of the peace and constables 
 chosen under this Constitution. 
 
428 
 
 JOURNAL OF THE 
 
 [Sept. 6. 
 
 (Reference Section 12.) The terms of judges of the Appellate 
 Courts appointed prior to January 1, 1928. shall expire on that date. 
 
 (Reference Section 36.) The chief justice of the Circuit Court of 
 Cook County shall exercise the powers and perform the duties of the 
 County Judge of Cook County until otherwise provided by law. 
 
 (Reference Section 42.) Section 20 of Article YI shall not apply 
 to the reelection of judges in office upon the adoption of this Constitu¬ 
 tion. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman . 
 
 Thos. Rinaker. 
 
 Chas. B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 
 Committee on Phraseology and Style . 
 
 IN RE PROPOSAL NO. 383. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 383, being a 
 
 Proposal Entitled 
 
 JUDICIAL DEPARTMENT. 
 
 The various sections of this proposal have been rearranged in a 
 more logical form than that found in the reference draft. This result 
 has been secured by grouping all the provisions affecting the Supreme 
 Court in the first part of the article. Then follow successively the pro¬ 
 visions affecting the Appellate Courts, the Circuit Courts outside Cook 
 County, the County Courts outside Cook County, the Circuit Court in 
 Cook County, the District Court of Cook County, and justices of the 
 peace. The last part of the article as rearranged contains the general 
 provisions affecting the Judicial Department as a whole. This re¬ 
 arrangement of the proposal, under -which the various courts appeal- 
 roughly in the order of their importance, constitutes the principal 
 change made in the reference draft. The detailed changes made in 
 phraseology and arrangement of subject matter need not be discussed. 
 The draft of the article as here presented has been submitted to the 
 chairman of the Committee on the Judicial Department and has been 
 approved by him. 
 
 There are, however, two matters which should be called to the at¬ 
 tention of the Convention in order that they may not be overlooked. 
 
 In Reference Section 3 there appears a provision under which the 
 appellate jurisdiction of the Supreme Court is made to include the 
 review of cases “differently determined” by Appellate Courts. This 
 language has been somewhat revised in the report here presented, but its 
 meaning has not been changed. Certain questions arise as to how this 
 provision will work in actual practice. Suppose a case is decided in 
 one Appellate Court and ten years later a decision is handed down in 
 another Appellate Court, and the same question of law is “differently 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 429 
 
 determined” by the two Appellate Courts. Does the language of this 
 provision give a right of review not only in the case last decided, but 
 also in the case first decided? Again, it will be noted that the provision 
 is a rigid one requiring that all cases “differently determined” as to the 
 law by Appellate Courts shall be open to review in the Supreme Court. 
 Such a provision opens a door so wide that no one can tell just what the 
 result will be. For example, does this provision guarantee the right of 
 what might be called “academic review”—that is, a review where no 
 actual property rights are involved? The theory of the provision here in 
 question is no doubt a wise one and no criticism of the theory is made; 
 but after considering the provision this committee suggests that it be 
 omitted, for the reason that under its rule making powers as granted 
 in Keference Section 2 the Supreme Court would have authority to per¬ 
 mit such review. As the provision now stands, the Supreme Court has 
 no control over such cases except to regulate the manner in which they 
 shall be reviewed. Amur Committee suggests that the provision either 
 be omitted from the Constitution; or that it be put in a permissive 
 form, allowing the Supreme Court to have control over the extent to 
 which such review shall be allowed as well as control over the manner 
 in w T hich the review shall be conducted. 
 
 The second point which should be called to the attention of the Con¬ 
 vention is found in Section 11 of the reference draft. As that section 
 is drafted, writs of error from, and appeals to, the Supreme Court are 
 guaranteed in all criminal cases “where the sentence is death or im¬ 
 prisonment in the penitentiary.” The question arises as to how this 
 language would affect the rights of a minor who had been convicted of 
 a crime and who under the statute would be sentenced to the reform 
 school instead of to the penitentiary. In other words, does not the 
 language here used give to an adult who may be convicted of a crime a 
 right of review by the Supreme Court in the first instance, while a minor 
 who is convicted of a similar crime would be denied that right ? 
 
 The number of sections in this proposal has been very substantially 
 reduced in the draft here presented. This change has been made for two 
 reasons: First, because the number of sections in the reference draft 
 is large compared to any other article in the Constitution; and second 
 (and chiefly), because the various provisions which concern the courts 
 (other than the Supreme Court) can best be expressed by consolidating 
 the provisions affecting each court or class of courts into a single section. 
 
430 
 
 JOURNAL OF THE 
 
 [Sept. 6 , 
 
 Report No. 19. 
 
 YOUR COMMITTEE OX PHRASEOLOGY AXL) STYLE, TO 
 WHICH WAS REFERRED A PROPOSAL ENTITLED, EX- 
 E CUT I YE DEPARTMEXT (IXTRODUCTIOX XO. 369, REF- 
 EREXCE XO 9). AS AMEXDED IX COMMITTEE OF 
 THE WHOLE RESPECTFULLY REPORTS THAT IT HAS 
 COXSIDERED SUCH PROPOSAL AXD HEREWITH SETS 
 FORTH IX PARALLEL COLUMXS SAID -PROPOSAL AS 
 ADOPTED IX COMMPTTEE OF THE WHOLE OX THE 
 I EFT 4XD 4 SUBSTITUTE THEREFOR AS RECOM- 
 MEXDED BY THIS COMMITTEE OX THE RIGHT. 
 
 Resolved, That the following si 
 tion of Illinois: 
 
 Section 1. The Executive Depart¬ 
 ment shall consist of a Governor, 
 Lieutenant Governor, Secretary of 
 State, Attorney General, Treasurer, 
 Auditor of Public Accounts, and Sup¬ 
 erintendent of Public Instruction, 
 who shall, each 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, ex¬ 
 cept the Lieutenant Governor, reside 
 at the seat of government during 
 their term of office, and keep the 
 public records, books and papers 
 there, and shall perform such duties 
 as may be prescribed by law. 
 
 Section 2. The Treasurer shall be 
 ineligible to said office for four years 
 next after the end of the term for 
 which he was elected, or appointed. 
 He may be required by the Governor 
 to give reasonable additional se- 
 curitv, and in default of so doing 
 his office shall be deemed vacant. 
 
 Section 3. An election for Gov¬ 
 ernor, Lieutenant Governor, Secre¬ 
 tary of State, Attorney General, 
 Treasurer and-Auditor of Public Ac¬ 
 counts shall he held on the Tuesday 
 next after the first Monday of No¬ 
 vember, in the year of our Lord one 
 thousand nine hundred and twenty- 
 four, and every four years there¬ 
 after; for Superintendent of Public 
 Instruction on the Tuesday next 
 after the first Monday of November, 
 in the year one thousand nine hun¬ 
 dred and twenty-two and every four 
 years thereafter. 
 
 all become a pari of the C onstitu- 
 
 Section 1. The Executive Depart¬ 
 ment shall consist of a Governor, 
 Lieutenant Governor, Secretary of 
 State, Attorney General, Treasurer, 
 Auditor of Public Accounts, Supei- 
 intendent of Public Instruction and 
 such other officers as provided by 
 law. 
 
 The officers named in this section 
 shall be elected for terms of four 
 years from the second Monday in 
 January after their election. Ex¬ 
 cept the Lieutenant Governor, they 
 shall reside at the seat of govern¬ 
 ment during their terms. 
 
 The public records and papers of 
 the Executive Department shall be 
 1 kept at the seat of government. 
 
 Section 4. No State Treasurei 
 shall again hold that office within 
 four years after his term expires. 
 He may be required by the Governor 
 to give reasonable additional se¬ 
 curity, and in default of so doing 
 his office shall be deemed vacant. 
 
 (Note —To be put in schedule if 
 considered necessary.) After the 
 adoption of this Constitution the 
 first election for Governor, Lieu¬ 
 tenant Governor, Secretary *of State, 
 
 | Attorney General, Treasurer, ana 
 Auditor of Public Accounts, shall 
 be held in 1924, and the first elec¬ 
 tion for Superintendent of Public 
 Instruction in 1922. 
 
1921 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 431 
 
 Section 4. The returns of every 
 election for the above named officers 
 shall be sealed up and transmitted, 
 by the returning officers, to the Sec¬ 
 retary of State, directed to “The 
 Speaker of the House of Representa¬ 
 tives,” who shall immediately after 
 the organization of the House, and 
 before proceeding to other business, 
 open and publish the same in the 
 presence of a majority of each House 
 of the General Assembly, who shall 
 for that purpose, assemble in the 
 hall of the House of Representatives. 
 The person having the highest num¬ 
 ber of votes for either of said offices 
 shall be declared duly elected; but 
 if two or more have an equal, and 
 the highest number of votes, the 
 General Assembly shall, by joint 
 ballot, choose one of such persons 
 for said office. Contested elections 
 for all of said offices shall be deter¬ 
 mined by both Houses of the General 
 Assembly, by joint ballot, in such 
 manner as may be prescribed by law. 
 
 Section 5. No person shall be eli¬ 
 gible to the office of Governor, or 
 Lieutenant Governor, who shall not 
 have attained the age of thirty-five 
 years, and been, for ten years next 
 preceding his election, a citizen of 
 the United States and of this State. 
 Neither the Governor, Lieutenant 
 Governor, Secretary of State, At¬ 
 torney General, Auditor of Public 
 Accounts, nor Superintendent of 
 Public Instruction shall be eligible 
 to any other office during the period 
 for which he shall have been elected. 
 
 •Section 6. The supreme executive 
 power shall be vested in the Gover¬ 
 nor, who shall take care that the 
 laws be faithfully executed. 
 
 Section 7. The Governor shall, at 
 the commencement of each 'session, 
 and at the close of his term of office, 
 give to the General Assembly infor¬ 
 mation, by message, of the condition 
 cf the State, and shall recommend 
 such measures as he shall deem ex* 
 pedient. 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 com- 
 
 Section 2. The election returns 
 for officers of the Executive Depart¬ 
 ment shall be sealed and transmitted 
 by the returning officers to the Sec¬ 
 retary of State, directed to the 
 Speaker of the House of Representa¬ 
 tives. Before the House proceeds to 
 other business, and immediately 
 after its organization, the Speaker 
 shall open and publish such returns 
 in the presence of a majority of each 
 House assembled in the hall of the 
 House of Representatives, and then 
 dec 7 are elected to each office the per¬ 
 son so shown to have the highest 
 number of votes therefor. The Gen¬ 
 eral Assembly by ballot in joint ses¬ 
 sion shall determine contested elec¬ 
 tions for such offices, and in case of 
 tie shall choose in like manner one 
 of the persons tied. 
 
 Section 3. The Governor and 
 Lieutenant Governor each shall be 
 at least thirty-five years of age and 
 a citizen of the State for ten years 
 next before his election. No elective 
 officer of the Executive Department 
 shall hold another office during the 
 period for which he is elected. 
 
 Section 5. The supreme executive 
 power shall be vested in the Gov¬ 
 ernor, who shall take care that the 
 laws are faithfully executed. Each 
 officer of the Executive Department 
 shall perform such duties as are 
 prescribed by law. 
 
 Section 6. At the commencement 
 of each regular session and at the 
 close of his term, the Governor shall 
 account to the General Assembly for 
 all funds subject to his order, shall 
 inform it of the condition of the 
 State and recommend such measures 
 as he deems expedient. 
 
 At the commencement of each 
 regular session the Governor shall 
 present estimates of the money re¬ 
 quired for all purposes during the 
 succeeding two years. 
 
432 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 mencement of each regular session 
 present estimates of the amount of 
 money required to be raised by tax¬ 
 ation for all purposes. 
 
 Section 8. The Governor may, on 
 extraordinary occasions, convene the 
 General Assembly, by proclamation, 
 stating therein the purpose for which 
 they are convened; and the General 
 Assembly shall enter upon no busi¬ 
 ness except that named in the pro¬ 
 clamation or in one subsequent pub¬ 
 lic proclamation or message to the 
 General Assembly issued by the Gov¬ 
 ernor during said special session. 
 
 Section 9. In case of a disagree¬ 
 ment between the two Houses with 
 respect to the time of adjournment, 
 the Governor may, on the same being 
 certified to him by the House first 
 moving the adjournment, adjourn the 
 General Assembly to such time as 
 he thinks proper, not beyond the 
 first day of the next regular session. 
 
 Section 10. The Governor shall 
 nominate, and by and with the ad¬ 
 vice and consent of the Senate (a 
 majority, of all the Senators elected 
 concurring, by yeas and nays) ap¬ 
 point 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: Provided, 
 however, that the appointment of 
 notaries public need not be confirmed 
 by the Senate. 
 
 Section 11. In case of a vacancy, 
 during the recess of the Senate, in 
 any office which is not elective, or in 
 case the Senate is not in session 
 
 Section 7. The Governor may con¬ 
 vene the General Assembly by pro¬ 
 clamation on extraordinary occa¬ 
 sions; but it shall enter upon no 
 business save that stated in the pro¬ 
 clamation or in one message issued 
 by the Governor during the session. 
 
 Section 8. If the two Houses dis¬ 
 agree as to time of adjournment, the 
 Governor, upon receiving a certifi¬ 
 cate of such disagreement from 
 either House, may adjourn the Gen¬ 
 eral Assembly to any time not be¬ 
 yond the first day of the next regu¬ 
 lar session. 
 
 Section 9. The Governor shall 
 nominate, and with the consent by 
 yea and nay vote of a majority of 
 those elected to the Senate, shall ap¬ 
 point all officers whose appointment 
 or election is not otherwise pre¬ 
 scribed by law. 
 
 If a vacancy exists during the re¬ 
 cess of the Senate in any office where 
 the appointing power is vested in 
 the Governor, subject to the consent 
 of the Senate, the Governor shall 
 make a temporary appointment until 
 the next meeting of the Senate, when 
 he shall nominate some person for 
 the office. 
 
 No person rejected by the Senate 
 'shall be nominated again for the 
 office at the same session, save upon 
 request of the Senate; or be ap¬ 
 pointed to the office during the re¬ 
 cess of the Senate. 
 
 No officer shall be elected or ap¬ 
 pointed by the General Assembly; 
 or by the Senate or the House of 
 Representatives, except the officers 
 of the two Houses. 
 
 The appointment of notaries pub¬ 
 lic shall not require confirmation by 
 the Senate. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 433 
 
 when an act creating an appointive 
 office takes effect, 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 any person so nomi¬ 
 nated, who is confirmed by the Sen¬ 
 ate (a majority of all the Senators 
 elected concurring by yeas and 
 nays), shall hold his office during the 
 remainder of the term, and until his 
 successor shall be appointed and 
 qualified. No person, after being re¬ 
 jected by the Senate shall be again 
 nominated for the same office at the 
 same session, unless at the request 
 of the Senate, or be appointed to the 
 same office during the recess of the 
 General Assembly. 
 
 Section 12. The Governor shall 
 have power to remove any officer 
 whom he may appoint, in cases of in¬ 
 competency, neglect or duty, or mal¬ 
 feasance in office; and he may de¬ 
 clare his office vacant, and fill the 
 same as is herein provided in other 
 cases of vacancy. 
 
 Section 13. The Governor shall 
 have power to grant reprieves, com¬ 
 mutations and pardons, after con¬ 
 viction, for all offenses, either uncon¬ 
 ditionally or upon such conditions 
 and with such restrictions and limi¬ 
 tations as he may think proper, sub¬ 
 ject to such regulations as may be 
 provided by law relative to the man¬ 
 ner of applying therefor. 
 
 Section 14. The Governor shall be 
 commander-in-chief of the . military 
 and naval forces of the State (ex¬ 
 cept when they shall be called into 
 the service of the United States); 
 and may call out the same to execute 
 the law, protect life or property, sup¬ 
 press insurrection, and repel inva¬ 
 sion. 
 
 Section 15. The Governor, and all 
 civil officers of the State, shall be 
 liable to impeachment for any mis¬ 
 demeanor in office. 
 
 Section 16. Every bill passed by 
 the General Assembly shall, before 
 it becomes a law, be presented to the 
 Governor. If he approve, he shall 
 sign it, and thereupon it shall be¬ 
 come a law; but if he do not approve, 
 tie shall return it with his objections, 
 to the House in which it shall have 
 —28 C J 
 
 (Combined with Section 9 above.) 
 
 Section 10. The Governor may re¬ 
 move any officer whom he may ap¬ 
 point, for incompetency, neglect of 
 duty or malfeasance in office. 
 
 Section 11. The Governor may 
 grant reprieves, commutations and 
 pardons, after conviction, for all 
 offenses, upon such terms as he 
 thinks proper; but the manner of 
 applying therefor may be regulated 
 by law. 
 
 Section 12. The Governor shall 
 be commander-in-chief of the armed 
 forces of the State (except when 
 they are in the service of the United 
 States) and may call them out to 
 execute the law, protect life or prop¬ 
 erty, suppress insurrection, or repel 
 invasion. 
 
 (This section has not been changed 
 but has been transferred to Section 
 25 of the Legislative Article.) 
 
 Section 13. Every bill passed by 
 the General Assembly shall be pre¬ 
 sented to the Governor, and if signed 
 by him shall thereupon become law. 
 At the time of signing an appropri¬ 
 ation bill the Governor may dis¬ 
 approve any section or item thereof 
 by appending to the bill a statement 
 
434 
 
 JOURNAL OF THE 
 
 [Sept. 6 . 
 
 originated, which House shall enter 
 the objections at large upon its jour¬ 
 nal and proceed to reconsider the 
 bill. If then two-thirds of the mem¬ 
 bers elected agree to pass the same, 
 it shall be sent, together with the 
 objections, to the other House, by 
 which it shall likewise be recon¬ 
 sidered; and if approved by two- 
 thirds of the members elected to that 
 House, it shall become a law not¬ 
 withstanding the objections of the 
 Governor; but in all such cases the 
 vote of each House shall be deter¬ 
 mined by yeas and nays to be en¬ 
 tered upon the journal. 
 
 Bills making appropriations of 
 money out of the treasury shall 
 specify the objects and purposes for 
 which the same are made, and appro¬ 
 priate to them respectively their 
 several amounts in distinct items 
 and sections, and if the Governor 
 shall not approve any one or more 
 of the items or sections contained in 
 any bill, but shall approve the resi¬ 
 due thereof, it shall become a law 
 as to the residue in like manner as 
 if he had signed it. The Governor 
 shall then return the bill, with his 
 objections to the items or sections 
 of the same not approved by him, to 
 the House in which the bill shall 
 have originated, which House shall 
 enter the objections at large upon 
 its journal, and proceed to reconsider 
 so much of said bill as is not ap¬ 
 proved by the Governor. The same 
 proceedings shall be had in both 
 Houses in reconsidering the same as 
 is hereinbefore provided in case of 
 an entire bill returned by the Gov¬ 
 ernor with his objections; and if any 
 item or section of said bill not ap¬ 
 proved by the Governor shall be 
 passed by two-thirds of the members 
 elected to each of the two Houses of 
 the General Assembly, it shall be¬ 
 come part of said law notwithstand¬ 
 ing the objections of the Governor. 
 Any bill which shall not be returned 
 by the Governor within ten days 
 (Sundays excepted) after it shall 
 have been presented to him shall be¬ 
 come a law in like manner as if he 
 had signed it, unless the General 
 Assembly shall, by their adjourn¬ 
 ment prevent its return, in which 
 case it shall be filed with his objec¬ 
 tions in the office of the Secretary 
 of State, within thirty days after 
 such adjournment, or become a law. 
 
 of his objections. If the Governor 
 does not approve a bill, or if he dis¬ 
 approves an appropriation bill in 
 part, he shall return the bill with 
 his objections to the House where 
 it originated. If thereafter such dis¬ 
 approved bill, or any disapproved 
 section or item of an appropriation 
 bill is again approved by two-thirds 
 of the members elected to each 
 House, the bill or such section or 
 item of an appropriation bill shall 
 become law notwithstanding the ob¬ 
 jections of the Governor. Any dis¬ 
 approved bill or disapproved part 
 of an appropriation bill shall be re¬ 
 considered first in the House where 
 the bill originated and then sent, 
 with the objections of the Governor, 
 to the other House. Each House be¬ 
 fore reconsidering shall enter the 
 Governor’s objections at large upon 
 its journal. 
 
 Any bill which is not returned by 
 the Governor within ten days (Sun¬ 
 days excepted) after it is presented 
 to him shall thereupon become law 
 as if he had signed it; but if the 
 General Assembly by adjournment 
 prevents its return, the bill shall 
 become law at the end of thirty 
 days after such adjournment, unless 
 within that time the Governor files 
 the bill and his objections with the 
 Secretary of State. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 435 
 
 Section 17. In case of the death, 
 conviction or impeachment, failure 
 to qualify, resignation, absence from 
 the State, or other disability of the 
 Governor, the powers, duties, and 
 emoluments of the office for the resi¬ 
 due of the term, or until the disa¬ 
 bility shall be removed, shall de¬ 
 volve upon the Lieutenant Governor. 
 
 Section 14. If the office of Gov¬ 
 ernor becomes vacant the Lieutenant 
 Governor shall become Governor for 
 the residue of the term. If the 
 Governor fails to qualify, is absent 
 from the State, or is under disa¬ 
 bility, the powers, duties, and emolu¬ 
 ments of the office shall devolve upon 
 the Lieutenant Governor for the 
 residue of the term, or until the 
 cause which renders the Governor 
 incapable of performing his duties 
 is removed. 
 
 If there is no Lieutenant Gover¬ 
 nor, or if for any of the above causes 
 he is incapable of performing the 
 duties of the office, its powers, 
 duties, and emoluments,, shall de¬ 
 volve, first upon the President of the 
 Senate, and after him for like causes 
 upon the Speaker of the House of 
 Representatives; but each of them 
 shall act only until the cause which 
 renders his predecessor incapable of 
 performing the duties of the office 
 is removed, or until the vacancy is 
 filled by election. 
 
 Section 18. The Lieutenant Gov¬ 
 ernor shall be president of the Sen¬ 
 ate, and shall vote only when the 
 Senate is equally divided. The Sen¬ 
 ate shall choose a president pro tem¬ 
 pore, to preside in case of the ab¬ 
 sence or impeachment of the Lieu¬ 
 tenant Governor, or when he shall 
 hold the office of Governor. 
 
 Section 19. If there be no Lieu¬ 
 tenant Governor, or if the Lieu¬ 
 tenant Governor shall, for any of 
 the causes specified in Section Seven¬ 
 teen of this article, become incapable 
 of performing the duties of the office, 
 the president of the Senate shall act 
 as Governor until the vacancy is 
 filled or the disability removed; and 
 if the president of the Senate, for 
 any of the above named causes, shall 
 become incapable of performing the 
 duties of Governor, the same shall 
 devolve upon the Speaker of the 
 House of Representatives. 
 
 Section 20. If the office of Secre¬ 
 tary of State, Attorney General, 
 Treasurer, Auditor of Public Ac¬ 
 counts, or Superintendent of Pub¬ 
 lic Instruction shall be vacated by 
 death, resignation or otherwise, it 
 shall be the duty of the Governor 
 to fill the same by appointment, and 
 the appointee shall hold his office 
 
 (This section has been transferred 
 to the Legislative Article, where it 
 properly belongs.) See p. 70. 
 
 (Combined with Section 14 above.) 
 
 Section 15. If the office of Sec¬ 
 retary of State, Attorney General, 
 Treasurer, Auditor of Public Ac¬ 
 counts or Superintendent of Public 
 Instruction becomes vacant, the Gov¬ 
 ernor shall fill the vacancy by ap¬ 
 pointment until a successor is elected 
 and qualified. 
 
436 
 
 JOURNAL OF THE 
 
 [Sept. 6 r 
 
 until his successor shall be elected 
 and qualified in such manner as may 
 he provided by law. 
 
 Section 21. An account shall be 
 kept by the officers of the Executive 
 Department, and of all the public 
 institutions of the State, of all 
 moneys received or disbursed by 
 them, severally, from all sources, and 
 for every service performed, and a 
 semi-annual report thereof be made 
 to the Governor, under oath; and any 
 officer who makes a false report shall 
 be guilty of perjury, and punished 
 accordingly. 
 
 Section 22. The officers of the Ex¬ 
 ecutive Department, and of all the 
 public institutions of the State, shall, 
 at least ten days preceding each 
 regular session of the General As¬ 
 sembly, severally report to the Gov¬ 
 ernor, who shall transmit such re¬ 
 ports to the General Assembly, to¬ 
 gether with the reports of the judges 
 of the Supreme Court of defects in 
 the Constitution and laws; and the 
 Governor may at any time require 
 information, in writing under oath, 
 from the officers of the Executive 
 Department, and all officers and man¬ 
 agers of State institutions, upon any 
 subject relating to the condition, 
 management and expenses of their 
 respective offices. 
 
 Section 23. There shall be a seal 
 of the State, which shall be called 
 the “Great Seal of the State of 
 Illinois,” which shall be kept by the 
 Secretary of State, and used by him 
 officially as directed by law. 
 
 Section 24. 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 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 services per¬ 
 formed by any officer provided for in 
 this article of the Constitution shall 
 be paid in advance into the State 
 treasury. 
 
 Section 16. Each officer of the 
 Executive Department and the chief 
 officer of each public institution of 
 the State shall render, under oath, 
 to the Governor, a semi-annual ac¬ 
 count of all moneys received or dis¬ 
 bursed. At least ten days before 
 the regular session of the General 
 Assembly, such officers shall each re¬ 
 port the condition of his office to the 
 Governor, who shall transmit the re¬ 
 ports to the General Assembly. Ad¬ 
 ditional reports may be required of 
 these officers by the Governor. 
 
 (Combined with Section 16 above.) 
 
 Section 17. There shall be a Great 
 Seal of the State of Illinois, to be 
 kept and used by the Secretary of 
 State as directed by law. 
 
 Section 18. The officers of the 
 Executive Department shall be paid 
 salaries and shall receive to their 
 own use no other compensation; and 
 all fees, costs, perquisites of office 
 or other compensation received by 
 them shall be paid at once into the 
 State treasury. 
 
 All fees or costs payable by law 
 for services performed by any officer 
 of the Executive Department shall 
 be paid in advance. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 437 
 
 Section 25. 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 re¬ 
 port, under oath, to some officer to be 
 designated by law, of all his fees and 
 emoluments. 
 
 Section 26. No person who is in 
 default as collector or custodian of 
 public money or property shall be 
 eligible to any elective or appointive 
 office. The fees, salary or compensa¬ 
 tion of no officer who is elected or 
 appointed for a definite term of office 
 shall be increased or diminished 
 during such term. 
 
 Section 27. An office is a public 
 position, created by the Constitution 
 or law, continuing during the pleas¬ 
 ure 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. 
 
 Section 28. All civil officers, ex¬ 
 cept members of the General As¬ 
 sembly and such inferior officers as 
 may be by law exempted, shall, be¬ 
 fore they enter on the duties of their 
 respective offices, take and subscribe 
 the following oath or affirmation: 
 “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 re¬ 
 quired as a qualification. 
 
 Section 29. The Auditor of Public 
 Accounts, in addition to his duties 
 prescribed by law, shall be required 
 to establish a uniform system of 
 accounts for all county, town and 
 school officers, and to supervise such 
 system and to audit the accounts of 
 such officers. 
 
 Respectfully submitted, 
 
 Section 19. (Note —To be put in 
 Section on OFFICERS.) Every offi¬ 
 cer in this State who is paid in 
 whole or in part by fees shall make 
 a semi-annual report thereof, under 
 oath, to some official to be desig¬ 
 nated by law. 
 
 (Note —The first part of this sec¬ 
 tion is incorporated in Section 4 of 
 the Legislative Article. The second 
 part of this section is incorporated 
 in Section 21 of the Legislative 
 Article.) 
 
 Section 20. (No change sug¬ 
 gested.) 
 
 Section 21. (No change sug¬ 
 gested.) 
 
 Section 22. A uniform system of 
 accounts for all county, town and 
 school officers shall be established 
 and supervised by the Auditor of 
 Public Accounts and their accounts 
 shall be audited by him. 
 
 Elam L. Clarke, Chairman. 
 Thos. Rinaker. 
 
 Chas. B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H'. Brewster. 
 Committee on Phraseology and Style. 
 
438 
 
 JOURNAL OF THE 
 
 [Sept. 6- 
 
 IN RE PROPOSAL NO. 369. 
 
 Memorandum from Committee on Phraseology and Style, Accom- 
 panying Report on Proposal No. 369, being a Proposal 
 Entitled Executive Department. 
 
 Section 1. This section of the reference draft is taken without 
 change from the present Constitution, except that the term o t e reas 
 urer has been changed from two years to four years In 1870 the section 
 was entirely rewritten and changed substantially from the form pren- 
 
 ously found in the Constitution. . ,, n ii • r . cr 
 
 If the section is analyzed it will be found to contain the following 
 
 1 e8= ’ It names the officers constituting the Executive Depart- 
 
 1 . 
 
 ment. 
 
 2 . 
 
 3. 
 
 4. 
 
 5. 
 
 It provides indirectly for their election. 
 
 It fixes their terms at four years. 
 
 It fixes the date on which they take office. 
 
 It requires them (except the Lieutenant Governor) to re¬ 
 side at the seat of government. , , , 
 
 6. It requires the public records, books and papers to be kept 
 
 at the seat of government. , 
 
 7. It requires the officers named to perform such duties as are 
 
 prescribed by law. . . . ,, * „ 
 
 All of these ideas are grouped into a single paragraph in the refer¬ 
 ence draft. From the point of view of unity the section should logically 
 consist of three paragraphs. The first paragraph should organize the 
 Executive Department by naming the officers of which it consists the 
 second paragraph should give the various limitations affecting these 
 officers: the third paragraph should contain the provision as to the pu 
 lie records, books and papers. The section has accordingly been revised 
 
 It will be noted that the reference draft provides that the Executive 
 Department shall “consist” of the seven officers named in the section. 
 Under proper rules of constitutional construction this provision is in¬ 
 clusive. since the maxim expressio unius est exclusio alt enus is appli- 
 cable. The section specifies the seven officers who are to constitute the 
 department, and by implication no other officers may be added. In lb, 
 the section correctly expressed the facts as to the Executive Department, 
 since there were no other executive officers than those named m the 
 section However, the business of the State has been broadened and 
 increased during the fifty years that have elapsed ™ce that time and 
 new offices have been created which are executive m character but 
 cannot be properly brought within the narrow limits of this section. 
 Thus there may be' mentioned the Public Utilities Commission, the State 
 Tax Commission and the various departments organized under the Civil 
 and Administrative Code. Accordingly it seems necessapr to revise this 
 section so that it will include such other executive offices as the Genera 
 Assembly sees fit to create from time to time. It is interesting to note 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 439 
 
 that the proposed new Constitution for Pennsylvania recognizes this 
 development in State government. The present Constitution in that 
 State, which was adopted in 1873, copied almost verbatim the wording 
 of this section of the Constitution of Illinois. In the proposed new Con¬ 
 stitution for Pennsylvania, however, the words “and in other executive 
 officers as prescribed by law” have been added. (Section 1, Article IV.) 
 This provision has accordingly been revised along the lines here sug¬ 
 gested. 
 
 The provisions contained in numbers 2, 3 and 4 as above outlined 
 have been incorporated in the second paragraph of the section as revised. 
 The provision as to election of the officers named and the provision as to 
 their terms of office have been made more direct and specific. The pro¬ 
 vision of the reference draft that each of these officers shall hold office 
 “until his successor is elected and qualified” has been dropped, because 
 it is covered by the uniform provision affecting all State officers to be 
 inserted elsewhere in the Constitution. (See Judiciary Proposal, Sec¬ 
 tion 52, as revised.) It should be noted that the limitations of this 
 paragraph of the section as revised affect only the officers named in the 
 section, and are not applicable to the offices which may be created by 
 statute. The various limitations affecting the latter offices should prop¬ 
 erly appear in the particular statute creating them and not in the Con¬ 
 stitution. 
 
 The provision as to residence of these officers has been retained in a 
 shorter form, but without change in meaning. 
 
 The provision as to public records, books and papers has been put 
 in a separate paragraph, since it involves a distinct subject-matter of its 
 own. The words “public records and papers” have been used as the 
 equivalent of “public records, books and papers.” 
 
 The wisdom of retaining this provision in the Constitution is ques¬ 
 tionable. The provision first appeared in the Constitution of 1870 and 
 was there adopted without discussion. (See Debates 1870, p. 760.) 
 It was copied from the Constitution of Indiana (Article VI, Section 
 5), adopted in 1851, where it appeared for the first time in any state 
 Constitution. Similar provisions have since been copied into the Consti¬ 
 tutions of a number of western states (see list of states in Index Digest, 
 New York Constitutional Convention 1915, p. 1202) ; but more than 
 two-thirds of the states of the Union have no such provisions in their 
 Constitutions. In the fifty years since its adoption in this State it has 
 not been construed by the courts and its meaning is obscure. What are 
 included in the “public records, books and papers”? Does it require all 
 the records, books and papers of these offices to be kept at Springfield ? 
 A number of the officers mentioned in this section maintain branch 
 offices in the city of Chicago, where it is found convenient and probably 
 necessary to keep a large portion of the records and documents of the 
 particular office. Thus the Attorney General's office maintains a branch 
 office in Chicago, having to do with inheritance taxes. The Auditor's 
 office, and a number of the departments organized under the Civil and 
 Administrative Code, keep branches in that city and have certain records 
 there. The provision has never been observed in actual practice and 
 
440 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 probably cannot be observed without seriously hampering the woik of 
 the State government. The provision seems unnecessary, and even 
 dangerous, and accordingly its omission from the Constitution is sug¬ 
 gested. If the provision is to be retained it should be limited to the 
 “books and records” of the Executive Department. This point, which 
 is not clear in the reference draft, has been made clear m the provision 
 
 The last clause of the reference draft, being provision number 7 a 5 
 above outlined, has been transferred to Section 5 of this article, where 
 
 it is discussed. . . , , -,i 
 
 Section 2. This section of the reference draft has been taken with¬ 
 out change from the present Constitution, except that the clause as to 
 the two year term of the Treasurer has been dropped. The section con- 
 
 tains two ideas: , ,, , , , • li 
 
 1. It provides that the Treasurer shall not succeed himself 
 
 foi four years after his term expires. 
 
 2. It provides that the Governor may remove the Treasurei it 
 
 that officer does not furnish "reasonable additional security. 
 
 The first provision as revised has been shortened and condensed, 
 but its meaning remains the same. The word “term” includes either an 
 appointive or elective term if nothing is said on the point and accord¬ 
 ingly the words “for which he was elected and appointed have been 
 
 'The second provision as above outlined appeared m the Constitution 
 for the first time in 1870. The provision was inserted at that time 
 
 because the Convention was in doubt as to the ™ ' 1 y „? ^ ? the 
 
 passed in 1845 (Ilurd’s Revised Statutes, Chap. 13°, Sec. 3) g g 
 Governor the power here in question. (See Debates 1870, pp. 809, 8.4.) 
 That Convention, however, was ill advised, since the General ^mUy 
 had full power to pass such a statute. A similar statute (Hu 
 vised Statutes, Chap. 15, Sec. 3), gives the Governor the same power to 
 remove the Auditor, although the Constitution is silent on the point, and 
 no question as to the validity of that statute has ever been raised. 
 
 ‘ The wisdom of including such a provision m the Constitution may 
 
 be Questioned on several grounds. . , ^ 
 
 1 In the half century since the provision was placed in the Con¬ 
 stitution it has never been' acted upon by the Governor and has never 
 
 been construed by the courts. . ,,, 
 
 2 The provision is silent as to who determines whether additional 
 
 security” is necessary, and also as to when the Treasurer is m default m 
 regard to the demand of the Governor. If these questions aie to oe 
 determined by the Governor, liis discretion in the matter « not subject 
 to review. Such a provision therefore practically makes the treasurer 
 
 removable at the arbitrary decision of the Governor. 
 
 3 The Constitution does not regulate the amount of the liea 
 urer’s original bond; that is left to the General Assembly and that bod) 
 has acted 8 on the point. (Hurd’s Revised Statutes, Chap. 130, Section 
 1 1 It is obviously incongruous for the Constitution to give the Gov ei- 
 nor control ove^the “additional security” required of the Treasurer and 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 441 
 
 to leave to the General Assembly the question of what the security is to 
 be in the first instance. 
 
 4. As alieady indicated, there is no such constitutional provision 
 affecting the bond of the Auditor, and yet the General Assembly has 
 passed a statute giving the same power to the Governor over the Audi¬ 
 tor s bond. Here again it is illogical for the Constitution to contain 
 such a provision affecting the Treasurer and leave to the General As¬ 
 sembly the power to _ control the Auditor’s bond. The Constitution 
 should either contain both provisions or omit both provisions. 
 
 Accordingly it is suggested that the provision in question be 
 dropped from the section. However, if the Convention decides to retain 
 the provision, it can be retained in the same form as the reference draft. 
 
 The number of this section has been changed in the article as re¬ 
 vised for reasons which are apparent. 
 
 Section 3. This section is the same as the provision in the present 
 Constitution, except that the years mentioned have been changed to 
 
 bring the section down to date. The section contains the following 
 ideas: c 
 
 1. It requires an election for the officers named, who are the 
 same officers as those named in the first section. 
 
 2. It fixes November as the month in which the election shall 
 occur. 
 
 3. It requires six of these officers to be elected in 1924 and one 
 in 1922. 
 
 4. It contains an indirect provision for a four year term for 
 all officers by requiring an election “every four years. 7 ’ 
 
 ^ .The first provision as thus outlined is clearly covered by Section 1. 
 ffhe second pio\ision has been covered by the proposed new article on 
 Suffrage and Election, which fixes a single election in November each 
 year.. The third provision is probably unnecessary, because the officers 
 now m office will automatically go out of office on those dates and suc¬ 
 cessors v ill automatically be elected to succeed them on those dates. 
 However, a provision has been suggested which may be put in the sched¬ 
 ule, if that is felt necessary. The last provision as above outlined is 
 merely a repetition of the provision in Section 1 as to a four year term 
 foi all these officeis. In view of the explanations made this section may 
 be omitted. 
 
 Section If-. This section also is taken without change from the 
 present Constitution. In 1870 the Convention revised and modified in a 
 substantial way the form of the section as it had appeared since 1848. 
 
 If the section is analyzed it will be found to contain the following 
 ideas: 
 
 1. Election returns for officers of the Executive Department 
 must be forwarded to the Secretary of State, addressed to the 
 Speaker of the House. 
 
 2. That officer must open and publish the returns. 
 
 3. This must be done immediately after the organization of 
 the Houses. 
 
442 
 
 JOURNAL OF THE [Sept. 6 r 
 
 4. It must be done in the hall of the House of Eepresentatives 
 in the presence of a majority of each House. 
 
 5. The person shown to have been elected.for each office by the 
 
 returns shall then be declared elected. 
 
 6. In case of tie. the General Assembly, by joint ballot, shall 
 
 choose for the office one of the persons tied. 
 
 7 . The General Assembly shall also determine in the same way 
 
 contested elections. 
 
 In the reference draft the section is expressed in long and unwieldy 
 sentences which are not logically constructed as to subject-matter. From 
 the point of view of unity it would seem that the section should be ex¬ 
 pressed in three sentences; first, a sentence containing the provision as 
 to election returns; second, a sentence containing the provision as to 
 opening and publishing the returns and declaring the persons elected 
 who are shown to have been elected ; third, a sentence containing the 
 provisions as to tie votes and contested elections. The section as levised 
 accordingly follows this scheme. 
 
 It is apparent from the context of the section that the Speaker is 
 merely the as;ent and voice of the two Houses in carrying out the pro¬ 
 visions of the section. There are two duties to be performed by him: 
 First, the election returns are to be opened and published; and second, 
 the persons, showns to be elected by the returns are to be declared elected. 
 The latter provision is vague in the reference draft because it is ex¬ 
 pressed in the passive voice, and because it is not made the specific dut) 
 of a particular person to make the declaration in question. The declar¬ 
 ation must of course be based on the returns and cannot be an arbitrary 
 one. Accordingly the words “so shown” have been added in the section 
 as revised, and it has been made the duty of the Speaker, first, to open 
 and publish the returns, and then to declare the persons elected. 
 
 In the last sentence the words “if two or more have an equal and 
 the highest number of votes” have been revised to read “in case of tie.” 
 The phrase “tie vote” is now often found in the law (see for example, 
 20 C. J. 208), although these words do not seem to have been in common 
 use a century ago when the idea of this provision first appeared. The 
 word “tie” used as a verb is defined as, “to make or have an equal score 
 with in a contest.” (See Webster’s International Dictionary.) Used 
 as a noun, the word is defined as “a state of equality among competing 
 or opposed parties, as when two candidates receive an equal number of 
 votes.” (See Century Dictionary.) In Bouvier’s Law Dictionary 
 (Eawles Eevision, Yol. 3, p. 3277) the definition given is as follows: 
 
 “When two persons receive an equal number of votes at an 
 election there is said to be a tie.” 
 
 Accordingly the shorter phrase is in all respects the equivalent o± 
 
 the longer one and may be substituted for it. 
 
 As revised, the section is shorter and more definite than the refer¬ 
 ence draft and each of the provisions as above outlined has been expressed 
 without change in meaning. This section has been made Section 2 of the 
 article, because it affects all officers of the department and logically 
 belongs after the provisions found in the first section. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 443 
 
 Section 5. Here again the section in the reference draft is taken 
 without change from the present Constitution. In 1870, however, the 
 Convention changed the section in substantial respects from the form 
 in which it had previously existed. 
 
 The first sentence of the section contains two limitations affecting 
 the Governor and Lieutenant Governor: 
 
 1. They shall each be over 35 years of age. 
 
 2. They shall each be a citizen of the State and of the United 
 
 States for ten years next before their election. 
 
 The phrase a citizen of the United States” has been dropped since 
 a person who is a citizen of the State is of necessity a citizen of the 
 United States. (See Federal Constitution, Article XIV, Section 1; 
 see also Slaughter House cases, 83 U. S. 36, p. 126.) 
 
 As thus revised, the sentence contains all of the ideas of the refer¬ 
 ence draft stated in a shorter and simpler form. 
 
 The second sentence of the section makes the officers mentioned 
 (except the Treasurer) ‘‘ineligible” for any other office during the period 
 for which they are elected. It is difficult to find any basis for exceptin 0, 
 the Treasurer from this limitation. The provision first appeared in the 
 Constitution of this State in 1870. (Debates 1870, pp. 760-774.) There 
 was no discussion at that time as to why the Treasurer was left out of 
 the provision, and indeed the implication from Section 2 of the reference 
 draft would seem to argue against leaving him out. Accordingly the 
 sentence has been revised so that it affects all the officers mentioned, 
 including the Treasurer. If this change is not in accordance with the 
 wishes of the Convention the provision can be restored to its original 
 form by simply adding the words “except the Treasurer” after the word 
 department.” 
 
 The words “eligible to any other office” are unfortunate, since it 
 does not appear whether the language used means eligible at the time of 
 the election or eligible at the time of taking office. " The provision has 
 been revised so that the test of eligibility is to be applied at the time of 
 taking office and not at the time of election. 
 
 Section 6. This section of the reference draft contains two ideas: 
 
 1. The supreme executive power is vested in the Governor. 
 
 2. The Governor shall take care that the laws are faithfully 
 
 executed. 
 
 Both of these provisions have appeared in the Constitution since 
 1818. The only change made by the Convention of 1870 was to add the 
 word “supreme” where it appears in the first provision. 
 
 In the second provision the verb “be * * * executed” is used 
 in the subjunctive mood. In accordance with the uniform policy adopted 
 by this committee this verb has been expressed in the indicative mood. 
 
 The second sentence of the section as revised is taken from the last 
 clause of the first section of the reference draft. The section here in¬ 
 volved deals with the exercise of the executive power and the provision 
 logically belongs in this section rather than in Section 1. 
 
 Section 7. Here again the section in the reference draft is in the 
 same form as in the present Constitution. The Convention of 1870 sub- 
 
444 JOURNAL OF the [Sept. 6, 
 
 6tantially modified and amplified the duties of the Governor compared 
 to what they had been before that time. 
 
 The section contains fonr mandates on the Governor: 
 
 1. He is required to give the General Assembly information 
 as to the condition of the State. 
 
 2. He is required to recommend measures which he deems 
 expedient. 
 
 3. He is required to account to the General Assembly for 
 moneys subject to his order. 
 
 4. He is required to present estimates of the amount of money 
 required to be raised by taxation. 
 
 The first two provisions are in the classical form found in most 
 State Constitutions and have appeared in the Constitution of this State 
 without change since 1818. These provisions are copied from a similar 
 provision in the Federal Constitution (Section 3, Article II), affecting 
 the duties of the President. Xo material change has been made in these 
 provisions as revised. 
 
 The third provision was added to the Constitution in 1810. It will 
 be noted that the provision does not specify the times when the Governor 
 shall account, but in other respects it gives no difficulty. It seems to be 
 implied from the section that the Governor shall account at the same 
 times mentioned in the first sentence; that is, at the beginning of each 
 regular session and at the close of his term. At any rate, that construc¬ 
 tion has been put upon the provision by the Governors of the State in the 
 past. (See for example, Message of Governor Deneen, Senate Journal 
 1913, p. 136, also Message of Governor Dunne, Senate Journal 1915, 
 p. 69.) Accordingly this point has been made specific in the section as 
 revised. 
 
 The first three provisions as above outlined have been put in a single 
 sentence, since they may be logically so expressed, in a form that is short 
 and clear. The provision as to accounting has been put first because the 
 words “General Assembly” must otherwise be repeated in the sentence. 
 
 The fourth provision as above outlined was also new in the Consti¬ 
 tution of 1870. At that time the theory-of governmental budgets, which 
 has been developed in recent years, had not yet been devised. During the 
 last two decades a number of states have adopted a systematic scheme 
 for the preparation of a governmental budget. Some of the states have 
 provided for a budget system by statute, while other states have incor¬ 
 porated budget provisions in their Constitutions. Thus Alabama in 1901 
 adopted a provision in its Constitution (Article IV, Section 70) making 
 it the duty of the Governor, the Auditor and the Attorney General to 
 “prepare a general revenue bill” for each regular session. Other states 
 have constitutional provisions of a less specific character, somewhat along 
 the line of the provision in the present Constitution of Illinois. There 
 is still another group of states—and these are the states where the most 
 recent consideration has been given to the subject—in which constitu¬ 
 tional provisions as to a budget have either been adopted or have been 
 suggested. The latest provision in any state Constitution is found in 
 Massachusetts, where the following amendment was adopted in 1918: 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 445 
 
 “Article 63. The Budget. Within three weeks after the con¬ 
 vening of the General Court the Governor shall recommend to the 
 General Court a budget which shall contain a statement of all pro¬ 
 posed expenditures of the Commonwealth for the fiscal year, includ¬ 
 ing those already authorized by law, and of all taxes, revenues, loans 
 and other means by which such expenditures shall be defrayed. This 
 shall be arranged in such form as the general court may by law 
 prescribe, or, in default thereof, as the Governor shall determine. 
 For the purpose of preparing his budget, the Governor shall have 
 power to require any board, commission, officer or department to 
 furnish him with any information which he may deem necessary.” 
 It will be noted that this provision, although not long, is compre¬ 
 hensive and specific. The duties of the Governor, and his control over 
 the various State officers and departments are fully expressed; and the 
 provision is made self executing—no legislation being required. 
 
 The proposed Constitution of New York, which was defeated for 
 ratification in 1915, contained a long and elaborate provision for a 
 budget. The matter w~as considered of such importance by the Conven¬ 
 tion in that state that a separate article was given to it. (Article Y.) 
 The provision is too long to quote in this memorandum, but an abstract 
 of the article which was submitted to the people at the same time, may 
 properly be given here, since it discusses the theory of constitutional 
 budgets in a clear and intelligent fashion. 
 
 “Abstract. This new article makes the following changes: 
 At present no official budget or comprehensive financial program 
 exists in this state, corresponding to everyday business practice. 
 The financial needs of government are met by appropriations passed 
 by the legislature from time to time in different bills, which are 
 separately submitted to the Governor for his approval or veto. The 
 new article is intended to introduce business-like methods into the 
 state’s affairs through an annual budget or comprehensive fiscal 
 plan. The Governor is to receive in November of each year from 
 each department except the legislature and the judiciary item¬ 
 ized estimates showing the financial needs of such department for 
 the ensuing year. After public hearings on such estimates, and 
 after revising them, and after receiving but not revising similar 
 estimates of the legislature and judiciary, the Governor on or before 
 the first of each February, shall submit to the legislature all of such 
 estimates, together with proposed appropriation bills and any pro¬ 
 posed new measures of taxation, as part of a comprehensive financial 
 plan for the state’s business during the ensuing year. Such plan 
 will show the estimated revenues for such } T ear, and will give par¬ 
 ticulars, as to the state’s financial condition for the preceding two 
 years, for purposes of comparison in examining the budget. Pro¬ 
 vision is made for the Governor and heads of departments meeting 
 with the legislature in discussion of the budget and answering in¬ 
 quiries. The legislature may reduce or strike out but not increase 
 budget items; and shall not consider special appropriation bills of 
 its own until after the budget has been disposed of. The Governor 
 
446 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 retains his veto power as heretofore as to all appropriation items 
 except as to those revised and approved by him beforehand as above 
 specified/-’ 
 
 This abstract shows the full manner in which the New York Con¬ 
 vention decided to treat the matter of a budget in the Constitution of 
 that state. 
 
 Another state which has followed the example of Massachusetts and 
 New York, is Pennsylvania. The present Constitution of that state was 
 adopted in 1873; it has no provision for a budget, or even for the sub¬ 
 mitting of “estimates” by the Governor. The proposed new Constitution 
 submitted to the General Assembly of that state in January, 1921, con¬ 
 tains a detailed provision for a budget system, as follows: 
 
 “Budget and Appropriation Bills.” 
 
 “Article III, Section 12. The Governor shall submit to the 
 General Assembly a budget on or before March 1 of each year in 
 which it shall be in regular session. The budget shall contain a 
 complete plan of proposed appropriations and complete estimates 
 of the revenues and funds available for appropriation for the two 
 ensuing fiscal years, including appropriations for charitable, edu¬ 
 cational and benevolent purposes. In submitting proposals for ap¬ 
 propriations to charitable, educational or benevolent institutions 
 not under the absolute control of the state government, the Gov¬ 
 ernor shall at the same time submit a plan of distribution among 
 the classes of institutions to be benefited. 
 
 When the Governor presents the budget to the House of Repre- 
 sentatives, he shall submit a general appropriation bill containing 
 the proposed appropriations for the fiscal years covered by the 
 budget and may also submit any bill embodying recommendations 
 as to sources of revenue. 
 
 The presiding officer of the House of Representatives shall im¬ 
 mediately cause such bills to be introduced. 
 
 The General Assembly may increase, decrease, strike out or 
 otherwise alter any item in the general appropriation bill, or may 
 add new items thereto. 
 
 Until the general appropriation law has been enacted neither 
 house shall consider an appropriation bill other than the general 
 appropriation bill unless the appropriation bill be solely for the 
 immediate needs of the General Assembly or unless the Governor 
 shall request the General Assembly to act upon the bill in advance 
 of the general appropriation bill. 
 
 After the general appropriation law has been enacted, no appro¬ 
 priation shall be made for any purpose, object or item included 
 therein or in the general appropriation bill as submitted by the 
 . Governor, unless the Governor shall request the General Assembly 
 to pass a bill making such appropriation. 
 
 The General Assembly shall not finally adjourn for ten days 
 after the general appropriation bill has been presented to the Gov¬ 
 ernor.” 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 44? 
 
 It will thus be seen that in three of the leading states of the Union 
 the opinion prevails that a detailed constitutional provision as to a 
 “budget” is desirable. 
 
 In Illinois an effort has been made to secure a governmental budget 
 by statute. (See act of March 7, 1919, Hurd’s Revised Statutes, 1919, 
 Chap. 24%.) This act, however, seems to be in conflict, at least super¬ 
 ficially, with the constitutional provision here under discussion, in 
 several respects. In the first place, the act is much wider in its scope 
 than the constitutional provision, and the question arises whether the 
 provision in the Constitution is not by implication a limitation on the 
 Governor and the General Assembly. In other words, it may be argued 
 that the constitutional duties imposed on the Governor cannot be en¬ 
 larged by statute, nor can those duties or similar duties be imposed on 
 any other State officer. In the second place, the act requires the Gov¬ 
 ernor to submit the “budget” two weeks after the General Assembly 
 convenes, while the Constitution requires him to submit his “estimates” 
 at the beginning of the session. In the third place, under the Constitu¬ 
 tion the Governor is given no authority to call upon the other officers of 
 the Executive Department to assist him in preparing his “estimates”: 
 while the statute attempts to make it the duty of these officers to assist 
 the Governor in the preparation of the “budget.” No question has been 
 raised in the courts as to the constitutionality of the present Budget Act, 
 but it is obvious from what has been said that there are certain dis¬ 
 crepancies between the act and this constitutional provision which may 
 some day give trouble. 
 
 The point to be remembered is that the General Assembly would 
 seem to have ample power to pass an adequate Budget Act if the pro¬ 
 vision of the Constitution here in question were omitted. Under Section 
 1 of this article (Section 5 as revised) the Governor and all other officers 
 of the Executive Department are required to “perform such duties as are 
 prescribed by law.” Under this provision the officers of the Executive 
 Department would no doubt be required to assist the Governor in pre¬ 
 paring a budget, as the present statute provides. On the other hand, the 
 specific provision of the Constitution as to “estimates” concerns only the 
 Governor. 
 
 The Convention of 1870 no doubt adopted this provision as to 
 “estimates” for the purpose of assisting the General Assembly in its 
 work, and for the purpose of securing better methods of State finance. 
 It will be apparent from what has been said that the opposite result is 
 likely to follow if the provision here under discussion is retained in the 
 Constitution in its present form. As revised, the provision expresses 
 the full intention of the reference draft. But the conclusion to be drawn 
 is that, if the Constitution is to contain a provision as to a budget, the 
 provision should be wide and liberal. The only other safe course is to 
 remove the provision entirely from the Constitution and thereby permit 
 the General Assembly to establish an adequate budget system by statute. 
 
 Section 8. This section in the present Constitution is in the same 
 form as it appeared in the Constitution of 1848. In the reference draft 
 an amendment has been made permitting the Governor to submit “one 
 
448 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 subsequent proclamation or message” to the General Assembly at a 
 special session. If the section is analyzed the power of the Governor to 
 call special sessions will be found to be subject to the following limi¬ 
 tations : 
 
 1. An “extraordinary occasion” must exist. 
 
 2. The Governor must issue a “proclamation” calling the 
 special session. 
 
 3. The Governor must state in the proclamation the purposes 
 for which the session is called. 
 
 4. The General Assembly must limit its business to the pur¬ 
 poses stated in the proclamation. 
 
 5. The Governor, however, may submit one additional message 
 to the General Assembly during the special session. 
 
 As revised the section expresses all of these ideas in a shorter and 
 simpler form than they appear in the reference draft. The various 
 changes suggested are made for reasons which w T ill be obvious, and they 
 need not be discussed at length. 
 
 Section 9. This section in the reference draft is in the same form 
 as it appears in the present Constitution. It has appeared in practically 
 the same form since the first Constitution in 1818, except that the 
 Convention of 1870 inserted the provision as to the certificate of “the 
 House first moving the adjournment.” 
 
 Ho change of substance has been made in the section, except to per¬ 
 mit either House to certify the fact of disagreement to the Governor. 
 As the section stands in the reference draft, it is only the House first 
 moving the adjournment which can make the certificate. The Debates 
 of 1870 (p. 776), show that the only purpose of the amendment made 
 at that time was to prevent the Governor from exercising an arbitrary 
 discretion in deciding when the two Houses disagreed as to time of 
 adjournment. There was no intention to give either House an advantage 
 over the other in regard to the certificate, and yet the provision as 
 adopted at that time gives such an advantage to one House; because the 
 House “first moving the adjournment” may refuse to issue the certificate 
 and may thus thwart the intention of this provision. As the section has 
 been revised, either House may make the certificate in question. 
 
 The minor changes made in the wording of the section are made for 
 reasons which will be obvious and need not be discussed in detail. 
 
 Sections 10 and 11. These two sections are both concerned with the 
 appointing power of the Governor. Their provisions logically belong in 
 a single section and they have accordingly been consolidated. 
 
 Section 10 of the reference draft is taken without change from the 
 present Constitution—except as to the provision regarding notaries pub¬ 
 lic, which was added as an amendment. 
 
 Section 11 in the reference draft is also taken without change from 
 the present Constitution—except that the words “in case the Senate 
 is not in session when an act creating an appointive office takes effect” 
 have been added as an amendment. 
 
 If the two sections are anatyzed they will be found to contain the 
 following ideas: 
 
1921.] 
 
 CO X S TIT OTIOXAL COX VEX TTO X. 
 
 449 
 
 1. The Governor shall nominate and appoint all officers whose 
 appointment or election is not otherwise prescribed by law, but the 
 appointment shall require the consent of the majority of the Senate. 
 
 2. No officer shall be appointed or elected by the General 
 Assembly. 
 
 3. The appointment of notaries public need not be confirmed 
 by the Senate. 
 
 4. If a vacancy exists during recess of the Senate in any 
 office where the consent of the State is required for the appoint¬ 
 ment, the Governor shall make a temporary appointment, to expire 
 with the next meeting of the Senate. 
 
 5. The same provision applies to a vacancy existing when an 
 act creating such an appointive office goes into effect during recess 
 of the Senate. 
 
 6. In either of the cases last mentioned the Governor must 
 nominate some person for the office at the next meeting of the 
 Senate. 
 
 7. The person so nominated and confirmed by the Senate shall 
 hold office during the remainder of the term. 
 
 8. Any person rejected by the Senate shall not be nominated 
 for the same-office during the same session unless at the request of 
 
 the Senate. 
 
 9. A person rejected by the Senate shall not be appointed to 
 the office during the recess of the Senate. 
 
 The first provision contains the substantial grant of appointing 
 power to the Governor. The provision logically belongs in a separate 
 paragraph, and it has been so revised. The language of the reference 
 draft has been shortened and simplified but the meaning of the pro¬ 
 vision remains unchanged. The detailed changes suggested in phrase¬ 
 ology need not be discussed. 
 
 Provision No. 4 as above outlined should logically come next, since 
 it concerns the Governor's power of appointment during the recess of the 
 Senate. It is obvious that this power of the Governor should be no 
 broader in scope than the first provision. In other words, under this 
 provision, the Governor's power to make temporary appointments during 
 the recess of the Senate should be limited to the same offices to which 
 he may make appointments with the consent of the Senate during its 
 session. But the language of the reference draft does not reach this 
 result, because the scope of Section 11 is broader than that of Section 
 
 10. Section 11 purports to give the Governor the appointing power 
 during the recess of the Senate, over “any office which is not elective." 
 What about offices which are not elective but where the appointing power 
 is vested in some other officer than the Governor—as for example, bank 
 examiners who are appointed by the Auditor without confirmation bv 
 anyone. (Hurd's Revised Statutes, Chap. 16A, Sec. 8). The Governor 
 does not have the appointing power over all appointive State offices. 
 (People v. Evans, 247 Ill. 547, 1910). On the other hand, the General 
 Assembly may create appointive offices to be filled by the Governor with¬ 
 out the consent of the Senate; in such cases Section 11 is not concerned. 
 
 It is obvious from what has been said that the provision in Section 11 
 —29 C J 
 
450 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 as to the appointing power of the Governor during the recess of the 
 Senate is not well expressed. Accordingly provision No. 4 as above 
 outlined has been revised so that it is limited to the offices, where if the 
 Senate were in session its consent would be necessary for the appoint¬ 
 ment. 
 
 Provision No. 5 as above outlined was added as an amendment by 
 the Committee of the Whole. Some doubt has arisen in the past con¬ 
 cerning the question here involved. (Debates, June 2, 1920, p. 15). 
 As revised, the section reads “If a vacancy exists during the recess of the 
 Senate. 7 ’ This language covers a “vacancy 77 arising under a new law 
 as well as a vacancy arising under an existing law. Accordingly the 
 words of the reference draft used to express this provision may be 
 dropped. 
 
 Provision No. 2 as above outlined should be construed in connection 
 with Section 15 of the legislative article of the present Constitution, 
 forbidding members of the General Assembly to be appointed to office. 
 It is obvious from the two sections that the General Assembly is pro¬ 
 hibited from exercising any power of appointment or election and this 
 prohibition by implication is intended to apply to both the Senate and 
 House of Representatives—except of course for the appointing of the 
 particular officers of the two Houses under Section 9 of the Legislative 
 Article. There is, however, no specific prohibition which prevents the 
 Senate or House of Representatives from being given power to appoint 
 or elect officers; such prohibition is, as already stated, only inferential. 
 Accordingly the provision as revised has been made specific, so that it 
 covers the General Assembly, the Senate and tffe House of Representa¬ 
 tives, with the exception just noted. The provision has been put at the 
 end of the section, since that is its logical place from the point of viev r 
 of paragraph unity. 
 
 The third provision outlined above, affecting notaries public, has 
 been slightly revised without change in meaning. 
 
 The seventh provision above outlined is unnecessary. If the officer 
 in question is nominated and confirmed by the Senate it follows as a 
 matter of course that he will hold office until the end of the term. 
 Accordingly this provision has been omitted. 
 
 The eighth and ninth provisions above outlined have been revised 
 without substantial change^ except to shorten and condense them. The 
 reference draft speaks of a “recess of the General Assembly. 77 This 
 language has been changed.to “recess of the Senate, 77 since that is the 
 language used in the first part of the section. 
 
 As the two sections have been thus revised they express all the ideas 
 of the reference draft in a form which makes the various provisions 
 easier of comprehension and more definite in their application. It should 
 be observed, however, that the sections do not touch upon all the appoint¬ 
 ing power of the Governor. The Governors power of appointment is of 
 five kinds: 
 
 1. Original appointments in appointive offices requiring con¬ 
 sent of the Senate. 
 
 2. Temporary appointments to such offices during the recess 
 of the Senate. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 451 
 
 3. Original appointments in appointive offices not requiring 
 consent of the Senate. 
 
 4. Appointments to fill vacancies in such offices. 
 
 5. Appointments to fill vacancies in elective offices until the 
 office can be filled by election. 
 
 It is obvious that the two sections here under consideration are 
 concerned with only the first two kinds of appointment. 
 
 Section 12. This section was new in the Constitution of 1870. . It 
 has been taken over without change by the reference draft. The section 
 
 contains the following ideas: . 
 
 1. The Governor’s power of removal is made coextensive with 
 
 his power of appointment. 
 
 2. The power of removal can only be exercised for cause, and 
 the causes are incompetency, neglect of duty and malfeasance in 
 
 office. 
 
 3. The Governor may declare the office vacant when the officer 
 
 has been removed. 
 
 4. The Governor may fill the office as in other cases of vacancy. 
 The first two provisions have been revised in a somewhat condensed 
 
 form, but their meaning remains the same. 
 
 The third and fourth provisions have been dropped as unnecessary. 
 If an officer is "removed" the office is rendered "vacant,” without any 
 declaration to that effect. And it follows as a matter of course that 
 when the office becomes "vacant” the power of the Governor to fill it 
 arises automatically under the previous sectiou. 
 
 Section 13. this section is the same as the provision in the present 
 Constitution except that the words "either unconditionally or upon such 
 conditions and with such restrictions and limitations as he may think 
 proper” have been added as an amendment in Committee of the Whole. 
 
 The section contains two main ideas: 
 
 1. The power of granting reprieves, commutations and pard¬ 
 ons is lodged with the Governor. 
 
 2. The procedure with reference to applying therefor shall 
 
 be regulated by the General Assembly. 
 
 In the section as revised these two ideas have been expressed in a 
 shorter and clearer form than in the reference draft, but without change 
 
 in meaning. . 
 
 Section U. This section has not been changed except in matters o± 
 
 detail. 
 
 The words "military and naval forces of the State have been 
 changed to "armed forces of the State” in accordance with the consistent 
 language used by this committee throughout its reports. 
 
 3 The future tense of the verb "shall be called” has been changed to 
 the present tense "are called.” This is in accordance with the consistent 
 
 policy adopted by this committee in its reports. 
 
 The adjective "same,” where it is used as a pronoun, has been 
 omitted. Attention has previously been called to the improper use of 
 
 this word. 
 
 Section 15. This section has been transferred without change to 
 Section 25 of the Legislative Article. That section contains ihe pro- 
 
453 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 visions which govern impeachments, and it should properly contain the 
 jurisdictional provision as to what officers of the State are subject to 
 impeachment. 
 
 Section 16. This section of the reference draft is the same as the 
 section in the present constitution. 
 
 The historical development of this section is important. The Con¬ 
 stitution of 1870 adopted the section in a form which contained about 
 one-ha if of the substance of the section as it now appears in the Consti- 
 tion. That Convention copied the section almost verbatim from the 
 Constitution of 1848. The section, however, was not satisfactory and it 
 was amended by the Third Amendment to the Constitution adopted in 
 1884. That amendment, in substance, added the second paragraph of 
 the section excepting the last sentence. 
 
 If the section is analyzed it will be found to refer to the following 
 general matters: 
 
 1. All bills passed by the General Assembly shall be submitted 
 to the Governor, and if he signs them they become law. 
 
 2. The Governor may disapprove any bill or any part of an 
 appropriation bill. 
 
 3. In such event the Governor is required to return the dis¬ 
 approved bill or the appropriation bill disapproved in part, together 
 with his objections, to the House where the particular bill originated. 
 
 4. The procedure of the two Houses in regard to bills dis¬ 
 approved by the Governor and in regard to passage over the Gov¬ 
 ernor’s veto is given. 
 
 5. The Governor is required to return bills within ten days 
 after they are presented to him, or the bills become law without 
 his signature. 
 
 6. After the adjournment of the General Assembly, however, 
 the Governor has thirty days within which to return bills to the 
 office of the Secretary of State; otherwise they become law. 
 
 These various matters are expressed in a clearer and more logical 
 form in the section as revised. 
 
 The provision that “bills making appropriations of money out of 
 the treasury shall specify the use and purpose for which the same are 
 made and appropriate to them respectively their several amounts in 
 distinct items and sections/’ concerns the General Assembly and not the 
 Governor. It has accordingly been transferred to Section 18 of the 
 Legislative Article, where it is discussed. 
 
 The reference draft is obscure as to what happens in case the Gov¬ 
 ernor disapproves certain items of an appropriation bill. Does he sign 
 the bill which he disapproves in part? This uncertainty has been made 
 clear in the section as revised by requiring the Governor to sign such 
 appropriation bill and “append” to the bill a statement of his objections 
 to the particular items or sections. 
 
 The procedural provisions affecting the method of reconsideration 
 in both Houses, after the Governor has disapproved a bill, have been 
 shortened and simplified in the provision as revised, but without change 
 in meaning. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 453 
 
 l.Qe pi ovision that a vote by "yeas and nays” shall be entered noon 
 the journal, is dropped, because under the Legislative Article the "final 
 passage” of all bills requires such a vote and such an entry upon the 
 journal. It seems unnecessary to repeat this provision in this section. 
 
 As revised the section contains all the ideas of the reference draft 
 without change in meaning. 
 
 Sections 17 and 19. These two sections concern a single subject- 
 matte], namely, the succession to the office of Governor^ and they have 
 accordingly been consolidated. 
 
 Both of these sections in the reference draft are taken without 
 change from the present Constitution. The Convention of 1870, how¬ 
 ever, changed and revised each section in substantial respects from the 
 form in which they had previously appeared. 
 
 If the two sections are analyzed they will be found to be concerned 
 with fourteen possible contingencies: 
 
 1. A permanent vacancy in the office of Governor when the 
 Lieutenant Governor is available to succeed. 
 
 2 . The same situation when the Lieutenant Governor is not 
 available. 
 
 3. A temporary vacancy in the office when the Lieutenant 
 Governor is available. 
 
 4. The same situation when the Lieutenant Governor is not 
 available. 
 
 5. A permanent vacancy after the Lieutenant Governor has 
 succeeded the Governor when the President of the Senate is avail¬ 
 able. 
 
 6. The same situation when the President of the Senate is 
 not available. 
 
 7. A temporary vacancy under the same situation when the 
 President of the Senate is available. 
 
 8. The same situation when the President of the Senate is 
 not available. 
 
 9. A permanent vacancy after the President of the Senate 
 has succeeded to the office when the Speaker of the House of Rep¬ 
 resentatives is available. 
 
 10. The same situation when the Speaker of the House is not 
 available. 
 
 11. A temporary vacancy under the same situation when the 
 Speaker of the House is available. 
 
 12. The same situation when the Speaker of the House is not 
 available. 
 
 13. When the Speaker of the House has succeeded to the office 
 and thereafter the office becomes permanently vacant. 
 
 14. The same situation when the office becomes temporarily 
 vacant. 
 
 The reference draft is fairly clear in its application to several of 
 these contingencies, but a number of them are not specifically covered 
 by the provisions in the present Constitution. Thus it may be asked, 
 what happens under the present Constitution if the Speaker of the 
 House succeeds the President of the Senate because of temporary dis- 
 
454 
 
 JOURNAL OF THE 
 
 [Sept. G, 
 
 ability ? Does the Speaker succeed permanently or does the President 
 of the Senate have the right to again take up the office when the tem¬ 
 porary cause of his inability has been removed? 
 
 The reference draft also is confusing in its classification of the 
 causes which may give rise to succession. The phrase “in case of the 
 death, conviction on impeachment, failure to qualify, resignation, absence 
 from the State, or other disability,” would seem to classify all causes 
 under the one heading of “disability.” Such a classification is incon¬ 
 gruous for several reasons. In the first place, the Governor cannot prop¬ 
 erly be said to be under “disability” when he is dead. Nor is he strictly 
 speaking under "disability” when he has resigned. In the third place, 
 if the word “disability” is correctly used it may be said that the Gov¬ 
 ernor is not disabled because of absence from the State. (The President 
 of the United States, under the established precedents, is not disabled 
 when he is absent from the country.) Further criticism of the classifi¬ 
 cation of the reasons for succession given in the reference draft could 
 be made. If these reasons are analyzed it will be found there are four 
 classes of causes which may give rise to succession to the office: 
 
 1. Where the office is rendered permanently vacant, as by the 
 death of the incumbent or by his ouster by conviction, or by his 
 resignation. 
 
 2. Where the person in the office has been disabled, as by 
 illness, insanity, etc. The disability may be either temporary or 
 permanent, depending on the facts. 
 
 3. Where the party is absent from the State. Under the Con¬ 
 stitution he is forbidden to perform the functions of the office. 
 
 4. Where the person is neither disabled nor absent from the 
 State, but simply has not yet qualified for the office. 
 
 In the section as revised, this order of classification of causes for 
 succession has been observed. 
 
 The reference draft provides that if the office of Governor is 
 vacated by his death or resignation, or other means, the Lieutenant Gov¬ 
 ernor shall succeed to the “powers, duties and emoluments of the office.” 
 As a matter of fact, when the Governor dies the Lieutenant Governor 
 assumes the office and becomes “Governor.” This has been estab¬ 
 lished by precedent in this State. The language of the reference 
 draft therefore seems not well chosen in this particular. Attention 
 should here be called to the experience in the recent conventions in New 
 York and Pennsylvania. In both of these states the existing Constitu¬ 
 tion is practically identical in this particular with the existing Constitu¬ 
 tion of Illinois. But the Convention of 1915 in New York and the 
 Commission of 1920 in Pennsylvania both provided that when the 
 office of Governor becomes vacant the Lieutenant Governor shall “become 
 Governor.” (See proposed Constitution for New York 1915, Article 
 IV, Section 6, and proposed Constitution for Pennsylvania 1920, Article 
 iy. Section 14.) Accordingly the section as revised here makes the 
 Lieutenant Governor succeed to the office of Governor when that office is 
 vacant. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 455 
 
 The question arises as to what would happen if the Governor and 
 Lieutenant Governor should die or be disqualified and there should be 
 no President of the Senate or Speaker of the House at the time; or if 
 both of the last mentioned officers should also be disqualified or dis¬ 
 abled. The Constitution is silent in this regard; it fails to cover the 
 contingencies enumerated in numbers 10, 12, 13 and 14 as above out¬ 
 lined. It seems advisable to have a provision in the Constitution cover¬ 
 ing these contingencies. Accordingly it is suggested that some provision 
 like the following be added to the section: 
 
 “If there is no person qualified to act as Governor the General 
 Assembly shall convene in special session upon the call of not less 
 than five members thereof, for the purpose of choosing some person 
 to act as Governor until the office is filled, either by the qualification 
 of the proper person or by an election.” 
 
 Section IS. This section has been transferred to Section 9 of the 
 Legislative Article. If the section is analyzed it will be found to contain 
 three ideas: 
 
 1. The Lieutenant Governor shall be President of the Senate. 
 
 2. He shall vote only when the Senate is evenly divided. 
 
 3. The Senate shall choose a president pro tempore to pre¬ 
 side when the Lieutenant Governor is absent. 
 
 The subject matter of each of these provisions is purely legislative; 
 the section has no proper place in the Executive Article. As the section 
 has been revised in the Legislative Article it contains all the ideas of the 
 reference draft without change in meaning. 
 
 Section 20 . Ibis section has not been changed save in certain 
 
 minor details. The verb “shall be vacated” in the reference draft is used 
 m the passive voice; it has been changed to the active voice. The future* 
 tense of this verb has been changed to the present tense, to conform to 
 the consistent usage adopted by this committee throughout its reports. 
 The future form of the verb “shall be elected,” in the last part of the 
 leference diaft, has been changed to “is elected” for the same reason 
 The clause “in such manner as may be provided by law” is unnecessary 
 and has been dropped. 
 
 Sections 21 and 22. These sections are both concerned with the 
 same subject-matter, namely, reports from the officers of the Executive 
 Department and the officers of the public institutions of the State. The* 
 two sections have therefore been consolidated. 
 
 If the two sections are analyzed they will be found to contain the* 
 following ideas: 
 
 1. The officers of the Executive Department and of all the* 
 public institutions of the State shall report to the Governor semi¬ 
 annually and give an account of all moneys received and disbursed 
 by them. 
 
 Any officer making a false report shall be guilty of perjury 
 and punished accordingly. 
 
 3. Each of the officers named in No. 1 above shall also report 
 to the Governor ten days before each regular session of the Genera! 
 Assembly. 
 
456 
 
 JOURNAL OF TILE . [Sept. 6, 
 
 4 The Governor shall transmit the reports to the General 
 Assembly. 
 
 5. The Governor may at any time require further reports in 
 writing from each these officers. 
 
 It will be noted that the reference draft refers to “reports of the 
 judges of the Supreme Court of defects in the Constitution and laws ” 
 Ihe provision m Section 31 of the present Judiciary Article, requiring 
 such reports from the judges of the Supreme Court, has been dropped 
 from tne judiciary proposal as adopted bv the Convention. The clause 
 above quoted should accordingly be omitted from this section. 
 
 It is obvious that the phrase “the officers of the Executive Depart- 
 ment' is not intended to include the Governor, since these officers report 
 to the Governor, and since the Governor is required elsewhere in the 
 Constitution to submit a message 77 to the General Assemblj 7 '. 
 
 - Under the reference draft each “officer 77 of “all public institutions 
 ot the kJate is required to make the report in question. The clear 
 import of the section is to require this report only from the chief officer 
 
 of such public institutions. The section as revised makes this point 
 clear. r 
 
 The last part of Section 22, concerning further “information 77 which 
 may be required by the Governor of these officers, is long and involved. 
 The provision has been shortened and simplified in the section as revised 
 without change in meaning. 
 
 Section 23. This section has not been changed except to condense 
 it by omitting unnecessary words. 
 
 Section 2^. This section of the reference draft is the same as Sec¬ 
 tion 23, Article V, of the present Constitution. In 1870 a number of 
 scattered provisions in the Constitution of 1848 were gathered together 
 and the subject-matter of those provisions was incorporated in the first 
 
 sentence of this section. The second sentence of the section was new in 
 1870. 
 
 If the section is analyzed it will be found to contain the following 
 ideas: ° 
 
 1. Ihe officers named in the Executive Article shall receive 
 salaries and shall receive no other compensation. 
 
 2. Ihe salary of any such officer shall not be increased or 
 diminished during his term. 
 
 3. All fees which are payable by law for the services of anv 
 officer named in the Executive Article shall be “paid in advance into 
 the State Treasury. 77 
 
 The first provision as above outlined has been revised in a shorter 
 and simpler form, but without change in meaning. 
 
 The second provision has been dropped because its substance has 
 been included in a general provision applicable to all officers of the 
 
 State, which has been incorporated in Section 21 of the Legislative 
 Article as revised. 
 
 Ine third provision as above outlined was intended to require that 
 all fees or other payments made by the public to the officers of the Ex¬ 
 ecutive Department should be paid in advance “into the State treasurv. 77 
 In other words, the fees should not be paid to the particular officer rend- 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 457 
 
 ering the service, but should be paid directly to the Treasurer. This 
 provision appeared as a separate section when first introduced into the 
 Convention in 1870; it was consolidated with this section by the Com¬ 
 mittee on Kevision and Adjustment of that Convention. (See Debates 
 1870, p. 67; also p. 1386; also p. 1782). For this reason and for the 
 reason that the provision here in question is not directly concerned with 
 the first sentence of the section in the reference draft, the two provisions 
 have been revised into separate paragraphs. 
 
 It is common knowledge that this provision has not produced the 
 result intended; namely, to require all fees to be paid directly “into the 
 State treasury.” Some of the officers of the Executive Department have 
 traditionally received large sums of money for the service rendered by 
 the particular department, and the money is later paid by the depart¬ 
 ment into the State treasury. In the provision as revised, the fees are 
 required to be paid “in advance” and the particular officer receiving 
 them is required to pay them “at once” into the State treasury. There 
 is another method by which some Constitutions arrive at the same result; 
 that is, any person desiring any service from one of these departments 
 shall first pay the fee directly into the State treasury and receive a 
 receipt from the State Treasurer, which will entitle him to the services 
 concerned when presented to the particular officer. Your committee 
 appreciates the full consideration which has been given to this section 
 by the Committee on the Executive Proposal, but suggests that the Con¬ 
 vention should adopt either one of the two methods just outlined in 
 regard to this provision if it is to be made effective. That is, the Con¬ 
 vention should adopt the plan of permitting payment to be made to the 
 particular officer rendering the service, and then require that officer to 
 pay the money “at once into the State treasury,” as suggested in the 
 revision of this committee; or the Convention should revise the pro¬ 
 vision in such a manner that fees shall be paid directly into the State 
 treasury and a receipt presented to the particular officer for the service 
 desired. 
 
 Section 25. Yo change has been made in this section except to omit 
 unnecessary words. The section is applicable to all officers in the State 
 and should be transferred to a general article on “Officers.” 
 
 Section 26. The first sentence of this section has been incorporated 
 m Section 4 of the Legislative x4rticle, where the provision is discussed 
 at legnth. 
 
 The second sentence of the section has been transferred to Section 
 21 of the Legislative Article, where an inclusive provision covering the 
 same ground has been revised and where the matter is fully discussd. 
 
 Section 27. Yo change has been suggested in this section. 
 
 Section 28. Yo change has been suggested in this section. 
 
 Section 29. This section is new to this Convention. As revised, 
 the section contains all the ideas of the reference draft in a somewhat 
 shorter and simpler form. 
 
 The reports of the committee were ordered printed and the pro¬ 
 posals included therein, were placed on the order of second reading. 
 
 Mr. Wall offered the following resolution and moved its adoption: 
 
458 
 
 JOURNAL OF THE 
 
 [Sept. 6, 
 
 Resolution No. 35. 
 
 Resolved, That when the Convention adjourns today it adjourn to meet 
 on Tuesday, January 3, 1922, at 10:00 o’clock a. m. 
 
 Whereupon, Mr. Whitman offered as a substitute the same resolu¬ 
 tion, with the time of reconvening changed from January 3, 1922, to 
 November 1, 1921. 
 
 The question being on the adoption of the substitute, it was decided 
 in the negative. 
 
 The question recurring on the adoption of the resolution, a division 
 was had resulting as follows: Yeas, 31; nays, 11. 
 
 And the resolution was adopted. 
 
 Mr. Mighell offered the following resolution and moved its adoption: 
 
 Resolution No. 36. 
 
 Resolved, That it is the desire of this Convention that the vacancies 
 in its membership caused by death or resignation be filled by special elec¬ 
 tion and it recommends to the Governor that such elections be called. 
 
 And the resolution was adopted. 
 
 At the hour of 11:35 o'clock a. m., Mr. Green moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And in accordance with the resolution, heretofore adopted, the Con¬ 
 vention stood adjourned until Tuesday, January 3, 1922, at 10 :00 o'clock 
 a. m. 
 
1921.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 459 
 
 TUESDAY, JANUABY 3, 1922, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Bev. W. T. Bodgers, of the P irst Presby¬ 
 terian Church, of Macomb. 
 
 The Journal of Wednesday, December 8, 1920, having been printed, 
 and placed on the desks of the Delegates, as provided under the rules, 
 was taken up and, no corrections appearing, was ordered to stand ap¬ 
 proved. 
 
 The Convention proceeding on the order of Beports of Standing 
 Committees; Mr. Clarke presented a supplemental report, amending 
 sections 6 and 7 of Beport No. 12, of the Committee on Phraseology 
 and Style, submitted to the Convention on September 6, 1921, as fol¬ 
 lows : 
 
 Amend Beport No. 12, the legislative article, by substituting m 
 
 lieu of sections 6 and 7, thereof, the following: 
 
 Section 6. The General Assembly shall apportion the State at any ses¬ 
 sion which may be then pending, or, if none, then at its first session 
 following the adoption of this Constitution and in the year 1931 and every 
 ten (10) years thereafter, into fifty-seven (57) senatorial districts, each of 
 which shall elect one Senator whose term of office shall be four (4) years 
 and the basisi of senatorial apportionment shall be the number of voters 
 who voted for Governor at the last regular election at which a Governor 
 was elected previous to the apportionment. 
 
 The territory now constituting the county of Cook shall be divided by 
 the General Assembly into nineteen (19) senatorial districts and the num¬ 
 ber of such voters in that territory shall be divided by the number nineteen 
 (19) and the quotient shall be the ratio of representation in the Senate for 
 that territory. 
 
 The territory now constituting the remainder of the State shall be 
 divided by the General Assembly into thirty-eight (38) senatorial districts 
 and the number of such voters in that territory shall be divided by the 
 number thirty-eight (38) and the quotient shall be the ratio of representa¬ 
 tion in the Senate for that territory. 
 
 When a county contains two (2) or more ratios of its territory it shall 
 be divided by the General Assembly into as many senatorial districts as it 
 has such ratios. Districts in counties so divided shall be bounded b\ pie- 
 cinct or ward lines, or both; all other senatorial districts shall be bounded 
 by county lines. 
 
 All senatorial districts shall be formed of compact and contiguous terri¬ 
 tory and the districts in each territory shall contain as nearly as practicable 
 an equal number of such qlectors but in no case less than four-fifths (%) of 
 the ratio for that territory. 
 
 Senators shall be so elected that the term of those now in office shall 
 not be disturbed. They shall be divided into two classes so that one-half 
 as nearly as practicable shall be chosen biennially. 
 
 Section 7. At the same time that the senatorial apportionment is 
 made the State shall be apportioned into representative districts. 
 
 Members of the House of Representatives shall be elected for the term 
 of two (2) years from each county or district. 
 
460 
 
 JOURNAL OF THE 
 
 [Jan. 3, 
 
 Each county shall be entitled to one representative in the House of 
 Representatives. Each county having a population in excess of fifty thou¬ 
 sand (50,000) shall have one additional representative for each additional 
 fifty thousand (50,000) population, or major fraction thereof. 
 
 Each county entitled to more than one representative shall be divided 
 by the General Assembly into as many representative districts as there are 
 representatives to be elected from such county. Such districts shall be 
 formed of compact and contiguous territory bounded by precinct lines and 
 containing as nearly as practicable an equal number of inhabitants but in 
 no case less than four-fifths {%) of the quotient resulting from dividing 
 
 the population of that county by the number of representatives to which 
 it is entitled. 
 
 The Supplemental Report was ordered printed and placed on the 
 order of second reading. 
 
 At the hour of 10 :35 o clock a., m., Mr. Barr moved that the Con¬ 
 vention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o’Clock P. M. 
 
 The hour of 2 :00 o’clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 Mi. Ban moved that when the Convention adjourns todav, it stand 
 adjourned until Tuesday, January 31, 1922, at 10:00 o’clock^, m. 
 
 And the motion prevailed. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 lour Committee on Rules and Procedure recommend that sections 6 
 and 7 of Report No. 12 from the Committee on Phraseology and Style on 
 Proposal No. 366, now pending on second reading be made a special order 
 for Tuesday, January 31, 1922, and each succeeding Convention Day there¬ 
 after until final disposition thereof on second reading; that said sections 
 6 and 7 be considered and debated together, and final vote be first taken on 
 said section 7, then on said section 6, or amendments thereto or substitutes 
 therefor, respectively. 
 
 The question being on the adoption of the report of the committee, 
 a. call of the roll was had, resulting as follows: Yeas, 60; navs, 1. 
 
 Those voting in the affirmative are 
 
 : Messrs. 
 
 
 Barr 
 
 Dunlap 
 
 Hull 
 
 Miller 
 
 Sneed 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Iarussi 
 
 Mills 
 
 Stahl 
 
 Brandon 
 
 Elting 
 
 Ireland 
 
 Moore 
 
 Sutherland 
 
 Carlstrom 
 
 Gale 
 
 Jack 
 
 Nichols 
 
 Taff 
 
 Chew 
 
 Ganschow 
 
 Jarman 
 
 O’Brien 
 
 Traeger 
 
 Clarke 
 
 Gee 
 
 Johnson, L. C. 
 
 Paddock 
 
 Trautmann 
 
 Coolley 
 
 Goodyear 
 
 Kerrick 
 
 Parker 
 
 Warren 
 
 Davis 
 
 Gray 
 
 Lindly 
 
 Scanlan 
 
 Whitman 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Shanahan 
 
 Wilson 
 
 De Young 
 
 Hamill 
 
 McGuire 
 
 Shaw 
 
 Wolff 
 
 Dietz 
 
 Hogan . 
 
 Meinert 
 
 Shuey 
 
 Woodward 
 
 Dryer 
 
 Hollenbeck 
 
 Mighell 
 
 Smith 
 
 Mr. President 
 
 Yeas—60. 
 
 Those voting in the 
 
 Torrance 
 
 negative are: 
 
 Mr. 
 
 Nays—L 
 
 And 
 
 adopted. 
 
 the report of 
 
 the Committee 
 
 on Rules and 
 
 procedure was 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 461 
 
 Mr. Hull moved that Article I, of Proposal Xo. 385 presented by 
 the Committee on Phraseology and Style, as Eeport Xo. 8, Chicago and 
 Cook County, reported to the Convention on September 6, 1921, be re¬ 
 committed to the Committee on Phraseology and Style. 
 
 And the motion prevailed. 
 
 Upon request of their colleagues delegates, Revell, Corlett, McEwen, 
 Cutting, W. A. Johnson and Kunde, were excused from attendance at 
 todav’s session of the Convention. 
 
 At the hour of 3 :30 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And in accordance with the motion heretofore adoptee], the Con¬ 
 vention stood adjourned until Tuesday, January 31, 1922, at 10:00 
 o’clock a. m. 
 
462 
 
 JOURNAL OF THE 
 
 [Jan. 31. 
 
 TUESDAY, JANUARY 31, 1922, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Lev. Charles A. Briggs, of the First 
 Methodist Church, of Freeport. 
 
 The Journal of Tuesdatq September 6, 1921, having been printed, 
 and placed on the desks of the Delegates, as provided under the rules, 
 was taken up and no corrections appearing, was ordered to stand ap¬ 
 proved. 
 
 The President laid before the Convention the Certificates of Elec¬ 
 tion of the Delegates chosen at the special election held on January 23, 
 1922, to fill the vacancies, in the several districts, in this Convention, 
 caused by death and resignation which were read at large by the Secre¬ 
 tary. 
 
 Whereupon Mr. Gale moved that the Certificates of Election be 
 referred to the Committee on Qualifications and Election of Delegates. 
 
 And the motion prevailed. 
 
 Mr. Gale thereupon submitted the following report: 
 
 Your Committee on Qualifications and Election of Delegates to which 
 was referred the certificates of election of the following persons, elected to 
 fill vacancies in the office of delegates, in their respective districts, respect¬ 
 fully reports that said persons were duly elected as delegates to this 
 Convention and are entitled to seats herein: 
 
 Dist. 
 
 Name. 
 
 Address. 
 
 County. 
 
 Party. 
 
 2 
 
 George W. Tebbens. .. 
 
 . .1212 S. Ashland 
 
 Ave., 
 
 
 
 
 Chicago . 
 
 .Cook. 
 
 .Rep. 
 
 20 
 
 Charles D. Cary. 
 
 . Kankakee . 
 
 
 
 22 
 
 B. H. Pinnell. 
 
 . .Kansas. 
 
 
 
 27 
 
 Stanley Adamkiewicz. 
 
 ..1029 Milwaukee 
 
 Ave., 
 
 
 
 Chicago . 
 
 .Cook. 
 
 .. . .Dem. 
 
 40 
 
 Edward E. Adams. . .. 
 
 . .Taylorville . 
 
 
 
 45 
 
 B. L. Catron. 
 
 . Springfield . 
 
 .Sangamon. .. . 
 
 
 Mr. Fifer moved that a committee of five Delegates be appointed, 
 by the President, to call upon the Judge of the Circuit Court of Sanga¬ 
 mon County and request him to administer the oath of office to the 
 Delegates-elect. 
 
 And the motion prevailed. 
 
 The President thereupon appointed as such committee,- Messrs: 
 Fifer, Six, Paddock, Cruden and Gale. 
 
 Mr. Fifer, from the committee heretofore appointed to wait upon 
 the Judge of the Circuit Court and request him io administer the oath 
 of office to the Delegates-elect, announced that Judge Elbert S. Smith, 
 of the Circuit Court, of Sangamon County, was present and ready to 
 perform that duty. 
 
 Whereupon the oath of office was administered by Judge Smith 
 to the Delegates-elect. 
 
 The President thereupon directed the Secretary to place the names 
 of the Delegates-elect on the Poll of the Convention. 
 
 The Convention proceeding on the order of Reports of Standing 
 Committees, Mr. Clarke submitted the following reports : 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 463 
 
 Report No. 4. 
 
 YOUR COMMITTEE ON PHRASEOLOGY AND STYLE, TO 
 WHICH WAS REFERRED A PROPOSAL RELATING TO 
 EDUCATION (INTRODUCTION NO. 359, REFERENCE NO. 
 3) AS AMENDED IN COMMITTEE OF THE WHOLE, RE- 
 SPECTFULUY REPORTS IT HAS CONSIDERED SUCH 
 PROPOSAL AND HEREWITH SETS FORTH IN PARALLEL 
 COLUMNS SAID PROPOSAL AS ADOPTED IN COM¬ 
 MITTEE OF THE WHOLE ON THE LEFT, AND A SUB¬ 
 STITUTE THEREFORE AS RECOMMENDED BY THIS 
 COMMITTEE ON THE RIGHT. 
 
 Resolved, That the following shall become a part of the Constitu¬ 
 tion of Illinois: 
 
 Section 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. 
 
 Section 2. The General Assembly 
 shall make adequate provision for the 
 maintenance and development of the 
 University of Illinois. 
 
 Section 3. All lands, moneys, or 
 other property donated, granted or 
 received for school, college, seminary 
 or university purposes, and the pro¬ 
 ceeds thereof, shall be faithfully ap¬ 
 plied to the objects for which such 
 gifts or grants are made. 
 
 Section 4. 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 to 
 any church or for any sectarian pur¬ 
 pose, or to any school, academy, 
 seminary, college, university or other 
 literary or scientific institution con¬ 
 trolled by any church or sectarian 
 denomination whatever, otherwise 
 than through the power of eminent 
 domain; nor shall any grant or 
 donation of land, money or other 
 personal property ever be made by 
 the State, or any such public cor¬ 
 poration to any church or for any 
 sectarian purpose. This section shall 
 not apply to any institution which 
 has, within two years prior to Janu¬ 
 ary 1, 1920, received public funds 
 for services rendered, until fifteen 
 years after the adoption of this Con¬ 
 stitution. 
 
 (No change). 
 
 (No change). 
 
 Section 3. Property received for 
 public education and the proceeds of 
 such property shall not be diverted 
 to another purpose. 
 
 Section 4. Except in payment of 
 rent or purchase price, or for the 
 hospital care of the sick when only 
 a sectarian hospital is available, no 
 public money shall be paid or other 
 public property be given or applied 
 for any sectarian purpose or to any 
 institution controlled by a church or 
 sect. 
 
4 64 
 
 JOURNAL OF THE 
 
 [Jaiu 31, 
 
 Section 5. No state, county, town¬ 
 ship, or district school officer shall 
 be interested in the sale, proceeds 
 or profits of any book, apparatus or 
 furniture, used or to be used, in any 
 school in this State, with which 
 such officer may be connected, under 
 such penalties as may be provided 
 by the General Assembly. 
 
 Section 5. No school officer shall 
 be financially interested in any con¬ 
 tract concerning any school with 
 which he is connected, or in any 
 book, apparatus' or furniture used 
 in such school. 
 
 Section 6. There may be a county 
 superintendent of schools in each 
 county whose qualifications, powers, 
 duties, compensation, and time and 
 manner of election, and term of 
 office, shall be prescribed by law. 
 
 Section 6. In each county there 
 may be a county superintendent of 
 schools whose qualifications, time 
 and manner of election, term of 
 office, powers, duties, and compen¬ 
 sation shall be prescribed by law'. 
 Respectfully submitted, 
 
 Elam L. Clarke, 
 
 George A. Barr, 
 
 Thos. Rinaker, 
 
 C. B. T. Moore, 
 
 Eugene H. Dupee, 
 
 H. E. Torrance, 
 
 Committee on Phraseology and Style. 
 
 IN RE PROPOSAL NO. 359. 
 
 Memorandum from Committee on Phraseology and Style, Accom 
 panying Report on Proposal No. 359, being a Proposal 
 
 in Relation to Education. 
 
 Sections 1 and 2. As will be observed, no change is recommended 
 in these sections. The first is a repetition of the first section of the 
 Article on Education in the Constitution of 1870. The second section -s 
 
 3 “ e Of° these sections it should be noted that neither of them is in form 
 a limitation upon the powers of the General Assembly, but eaci o 
 is in form a mandate. By these two sections the General Assembly is 
 required, first, to provide free schools for children, and second to main¬ 
 tain and develop the University of Illinois. As stated in this co . 
 mittee’s first report, it is not the function of the Constitution to confer 
 power upon the General Assembly, but the State has all power not by 
 the Federal Constitution vested in the Federal Government and the 
 Legislative Department of the State is the repository of all State power 
 not denied to the Legislature or conferred by the State Constitution 
 upon some other branch of the State Government. When, there ore a 
 constitution purports to grant power to the General Assembly it is 
 effect an attempt to confer power upon omnipotence. As this is an 
 possibility, the courts construe such provisions as limitations of powei. 
 (People v. Couchman, 15 Ill. 142, 1853; People v. Salomon, 51 Ill. 37, 
 1869- Chicago & Alton R. R. v. People, 67 Ill. 11? 1873; Updike 
 Wright, 81 Ill. 49, 1876; Sanner v. Patton, 155 Ill. 553 
 Hutchinson 172 Ill. 486, 1898; Christie v. People, 206 Ill. 337, 1903, 
 Bwd of Commissioners, 221 Ill. 493 1906 ;PeopUv. DMe 
 Gemeinde, 249 Ill. 132, 1911.) Thus the first section of this article l- 
 held to prevent the exclusion of any children from the public school,.. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 465 
 
 Colored children or unvaccinated children cannot be excluded since the 
 provision reads: “whereby all children of this State may receive a good 
 common school education." ( People v. Mayor of Alton, 193 11!. 309, 
 1901 People v. Board of Education, 234 Ill. 422, 1908.) It should be 
 considered, therefore, what additional limitations, if any, are imposed by 
 these sections. Is the General Assembly thereby forbidden to pass laws 
 providing for schools other than schools for children, for instance tech¬ 
 nical schools for adults, or institutions or higher learning other than 
 the University? 
 
 Section 3. This is the same as section 2 of the Article on Educa¬ 
 tion in the present Constitution with the exception of the tense of the 
 final verb which in the present Constitution is “were” and in the refer¬ 
 ence draft .is “are.” The substance of this section first appeared in the 
 rejected Constitution of 1862. The debates of that Convention indicate 
 that its primary purpose was to prevent the diversion of the lands granted 
 by the Federal Government to the State in aid of education. (Debates of 
 
 *J v 
 
 Convention, 1862, March 14; remarks of Mr. Lawrence). It was incor¬ 
 porated into the Constitution of 1810 without explanation or debate. 
 The Supreme Court early held that this section prevented the taxation 
 of school property and even a levy of special assessments for benefits. 
 (City of Chicago v. People, 80 Ill. 384, 1875; People v. Trustees , 118 
 111. 52, 1886.) In the case of Crosse v. People, 218 Ill. 342, 1905, how¬ 
 ever, the Supreme Court held that the use of the past tense in the verb 
 “were” indicated that the section was intended to exempt from taxation 
 only lands donated prior to 1810. As the argument of the opinion based 
 upon the grammatical construction is not persuasive, it may be surmised 
 that the decision was prompted in part by the belief that school lands 
 ought not to be exempted from special assessments, save as the Constitu¬ 
 tion imperatively required. 
 
 The debates in Committee of the Whole indicate that in changing 
 the word “were” to “are” it was the intention to avoid the effect of the 
 
 decision in Crosse v. People, and to include in the forbidden diversion all 
 taxation, general and special, on property which has been in the past, or 
 may be in the future, given for public educational purposes. Tour com¬ 
 mittee assumes that it was not the intention of the Convention to forbid 
 by this section diversion of gifts made to private educational institutions. 
 (University of Chicago 1 v. People, 118 111. 565, 1886.) 
 
 The section as adopted in Committe of the Whole is in the affirm¬ 
 ative, leaving the intended prohibition to inference. The better form is 
 to express the prohibition intended and this, of course, can only be done 
 by a negative. 
 
 “Lands” and “money” are property and when the diversion o! 
 “property” is forbidden there is included a prohibition upon diversion 
 of lands and money and therefore your committee has consolidated the 
 words “all lands, money or other property” into the word “property.” 
 Under the section as adopted in Committee of the Whole, it is required 
 that “property donated, granted or received” shall be “faithfully applied. 
 Property cannot be “faithfully applied” until it is “received and the 
 words “donated” and “granted” are therefore unnecessary. It may be 
 
 —30 C .J 
 
JOURNAL OP THE 
 
 [Jan. 31, 
 
 doubted whether it is necessary to include as your committee lias, the 
 words “and the proceeds of such porperty,” but in view of the stress laid 
 by the Supreme Court upon the use of the words “'proceeds thereof” in 
 the case of People v. City of Chicago, 216 Ill. 537, 1905, your committee 
 has considered it more prudent to use the words “and the proceeds of 
 such property.” 
 
 Under the section as adopted in Committee of the Whole it may he 
 doubted whether property given for school purposes could be applied 
 to either a college or seminary or university, or whether money given for 
 university purposes could be applied to either a school, college or semi- 
 narv; while under the form recommended bv your committee the onlv 
 prohibition is that the property shall not be diverted from educational 
 purposes and the authorities in control of any parpertv given, for educa¬ 
 tion would not by this section alone be forbidden to apply such property 
 to some other educational activity. 
 
 Section 4. This section appeared in the Constitution for the first 
 time in 1810 (Debates 1870, pp. 617-626). In County of Cool: v. In¬ 
 dustrial School , 125 Ill. 540, 1888. it was held that the section forbids 
 payment of money for care of children committed to sectarian institu¬ 
 tions by the courts. But in Dunn v. Chicago Industrial School , 280 Ill. 
 613, 1911, it was held that such payments might be made when it clearly 
 appeared that the payment was less than it would cost to care for the 
 inmate in a State institution. See also Dunn v. Addison School, 281 
 HI. 352, 1917; Trost v. Ketteler Manual Training Schoool, 282 Ill. 504 
 1918; and St. H eg wig’s School v. County of Cool, 289 Ill. 432, 1919. 
 
 The debates in Committee of the Whole indicate an intention to 
 change the rule thus laid down by the Supreme Court and forbid pay¬ 
 ments to sectarian institutions even when such payments are less than 
 the cost of keeping the inmate. Two exceptions are made: (a) pay¬ 
 ments are permitted for property taken by eminent domain, and (b) 
 aplication of the section to certain institutions is postponed for fifteen 
 years. 
 
 By the reference draft (I) the General Asemblv, any (II) county, 
 (III) city, (IV) town, (V) township, (VI) school district, (VII) other 
 public corporations are forbidden ever to make (1) appropriations, (2) 
 payments, (3) grants, (4) donations, to (a) any church, or (b) for any 
 sectarian purpose. It is also forbidden to make (1) appropriations, or 
 (2) payments to (c) any school, (d) academy, (e) seminaries, (f) col¬ 
 leges, (g) universities, or (h) other literary or (i) scientific institutions 
 controlled by (x) any church, or (y) sectarian denomination. The 
 order is loose and without logical arrangement. If the section be made 
 to read so that the payment of any public money or the giving or appli¬ 
 cation of any public property to the forbidden purposes is prohibited, 
 there is obviouslv no need for including the General Assemblv, countv, 
 city, town, township, school district, and other corporations. Accord¬ 
 ingly, vour committee has phrased its draft so as to forbid the payment 
 of public money or the giving or application of public property to the 
 forbidden purposes. When there is a prohibition upon the payment of 
 money or the giving or application of property, it seems unnecessary to 
 forbid (1) appropriations, (2) payments, (3) grants, or (4) donations, 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 467 
 
 and it would seem that the concepts included in “schools, academies, 
 seminaries, colleges, universities and other literary or scientific institu¬ 
 tions controlled by any church or sectarian denomination” are adequately 
 and more briefly expressed by “sectarian purposes or to any institution 
 controlled by a church or sect.” 
 
 Under the reference draft no payment could be made from public 
 moneys for rent, or purchase price in the event property should be leased 
 to, or bought by, the public from a church or sectarian institution. The 
 reference draft evidently contemplated that the property of sectarian 
 institutions could be acquired by the public only through condemnation 
 proceedings. It has been suggested to your committee by many dele¬ 
 gates, including the mover of this section, that this prohibition was 
 broader than is desirable and that the Constitution should not prohibit 
 the purchase or lease of church or sectarian property by the State or a 
 subdivision thereof. Accordingly, the draft of your committee excepts 
 from tlie prohibition moneys paid for rent or purchase price. If the 
 Convention should not desire to make this change the exception as 
 
 written in the reference draft can of course he easilv substituted. The 
 
 ♦ * 
 
 other exception made by the reference draft by postponing the applica¬ 
 tion of the section in certain cases, vour committee has thought should 
 lie inserted in the schedule and it is accordingly omitted here. 
 
 It would seem from the debates in Committee of the Whole (Debates 
 of May 6. page 3), that it was not the intention of the Convention to 
 prohibit payment for the care of public charges by hospitals, though 
 controlled by churches or sects. Your committee is informed that in 
 many of the counties of the State there are no county cr other public 
 hospitals and the county poor are customarily cared for in private or 
 charitable hospitals at the expense of the county. Upon the assumption 
 that it is not the intention of the Convention to interfere with this 
 practice, your committee has inserted in its draft an exception “or for 
 the hospitals care of the sick when only a sectarian hospital is available.” 
 
 It should be noted that by the reference draft all of the provisions 
 of the section are denied application to certain institutions for fifteen 
 years. This was, of course, not the intention. It was only intended 
 that during that period limited payments could he made. 
 
 Tn general it should he noted that the reference draft is long, in¬ 
 volved and ambigious ; it contains one hundred words in a single sen¬ 
 tence and must he read over and over again before.it can be understood. 
 It is a striking example of the offense against unity of thought which 
 should he observed above all in constitutional drafting. (See Herrick 
 &■ Damon, “Composition and Rhetoric,” p. 305; Wendell, “English 
 Composition,” pp. 223-224 ; Wooley, “Handbook of Composition,’ pp. 
 29-30; Hitchcock, “Composition and Rhetoric,” pp. 379-382: Willard, 
 “Legislative Handbook,” p. 151; Ilbert, “Mechanics of Law Making,” 
 p. 117.) 
 
 Bv its redraft your committee has sought also to correct what 
 appears to be in the reference draft a violent breach of the rule laid 
 down in Ilbert, “Mechanics of Law Making,” p. 117, as follows: 
 
 “Avoid enumeration of particulars. It is almost impossible to 
 
 make enumerations exhaustive, and accidental omission max he com- 
 
468 
 
 JOURNAL OF THE 
 
 [Jan. 31, 
 
 strued as implying deliberate exclusion in accordance with the 
 maxim Expressio unius est exclusio alterius. State each rule in 
 general terms and so far as practicable test each application to a 
 particular case for the purpose of seeing how far it will work in 
 
 each case/ 5 
 
 This section probably does not belong in the educational article and 
 upon the second reference to this committee it will doubtless be relocated. 
 
 That part of the reference draft which your committee recommends 
 should be included in the schedule has been rephrased thus: 
 
 "Section 4 of Article 8 shall not apply for fifteen yeais aftei 
 • the adoption of this Constitution to payments made for partial 
 support of inmates in institutions which have received such pa- 
 ments from public funds since Januaiy 1, 191b. # 
 
 Section 5. Section five as it appears in the reference draft is a 
 good instance of weakening the prohibition by multiplying words. "A o 
 school officer 55 as it appears in the draft of your committee is a stronger 
 prohibition than “no state, county, township, or distiict school officer 
 of the reference draft and it is assumed .that the purpose of the section 
 is to make the prohibition as strong as language permits. 
 
 If' the Constitution is construed as presently speaking, as it should 
 he under correct rules of construction, there is no need of multiplying 
 
 tenses of verbs as in “used or to be used. 55 
 
 Bv inserting "financially 55 it is thought the words “sale, proceeds 
 
 or profit 55 can be omitted. . ... 
 
 Believing that it was the intention of the Convention to prohibit 
 the making of profit by any school officer by reason of his official posi¬ 
 tion, your committee has inserted a prohibition upon liis financial in¬ 
 terest in any contract concerning his school. Under the from reported 
 by your committee a school officer is forbidden to make a piofit from any 
 contract, such as one for the purchase of land for a school. This is not 
 
 forbidden by the reference draft. „ 
 
 Your committee has omitted the final clause of the refeience draft, 
 "under such penalties as may be provided by the General Assembly, 
 because this confers no power upon the General Assembly and might 
 be construed as imposing some limitation. Whether this phrase be left 
 or not, the forbidden contract will be voidable if not void, but no other 
 punishment may be visited upon an offender unless the General As¬ 
 sembly shall so provide. Such provision may be made just as well with¬ 
 out this last clause as with it. 
 
 It is probable that this section can be consolidated to advantage with 
 another section prohibiting fraudulent transactions by officers or em¬ 
 ployees of the State. This will have the attention of your committee 
 
 upon the second reference. ■' 
 
 Section 6. By putting the phrase “in each count} at the be¬ 
 ginning of the sentence instead of in the position which it occupies in 
 the reference draft, the relative “whose 5 is made to follow immediately 
 its antecedent, thus clarifying the sense. (See Herrick & Damon,_ "Com¬ 
 position and Bhetoric 55 , p. 305; Wooley, "Handbook of Composition , p. 
 33; Gerrish & Cunningham, "Practical English Composition 55 , p. 201.) 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 469 
 
 r rhe rearrangement of the order of the rest of the sentence is for the 
 purpose of making the development of the ideas chronological. 
 
 Of this section it should be noted that it creates no office and confers 
 no power upon the General Assembly. There are contained in it three 
 limitations upon the power of the General Assembly. First, if there 
 shall be a superintendent of schols, he must be elected; second, the 
 qualifications, the time, and manner of his election, the term of his 
 office and his powers, duties and compensation must be prescribed by 
 law, i. e. by the General Assembly and not by the county authorities; 
 and third, if there be county superintendents, there must be one for 
 each county. 
 
 Report No. 5. 
 
 YOUB COMMITTEE ON PHRASEOLOGY AND STYLE. TO 
 WHICH WAS REFERRED A PROPOSAL ENTITLED BOUN¬ 
 DARIES, (INTRODUCTION NO. 357, REFERENCE NO 4) 
 AS AMENDED IN COMMITTEE OF THE WHOLE RE¬ 
 SPECTFULLY REPORTS THAT IT HAS CONSIDERED 
 SUCH PROPOSAL AND RECOMMENDS THAT THE ARTI¬ 
 CLE ON BOUNDARIES BE OMITTED FROM THE NEW 
 CONSTITUTION. BUT IF THE ARTICLE ON BOUNDAR¬ 
 IES IS TO BE RETAINED, YOUR COMMITTEE RECOM¬ 
 MENDS THAT ITS FORM BE CHANGED. ACCORDINGLY 
 YOUR COMMITTEE HEREWITH SETS FORTH IN PAR AL¬ 
 LEL COLUMNS SAID PROPOSAL AS ADOPTED IN COM¬ 
 MITTEE OF THE WHOLE ON THE LEFT AND A SUBSTI¬ 
 TUTE THEREFOR AS DRAFTED BY THTS COMMITTEE 
 ON THE RIGHT. 
 
 Resolved, That the following shall become a part of the Constitu- 
 lion of Illinois: 
 
 The boundaries and jurisdiction 
 of the State shall be as follows, to- 
 wit: Beginning at the mouth of the 
 Wabash River; then following up 
 the middle of the same, and with 
 the line of Indiana to the northwest 
 corner of said State; thence east 
 with the line of the same State to 
 the middle of Lake Michigan; thence 
 north, along the middle of said lake, 
 to the line of north latitude forty- 
 two degrees and thirty minutes, as 
 the same, projected east, was, or may 
 hereafter be, ascertained, surveyed, 
 established and marked as the north¬ 
 ern boundary of this State under the 
 Acts of Congress, now in force or 
 which may hereafter be enacted; 
 thence west along the line so ascer¬ 
 tained, established, surveyed and 
 
 The boundaries of this State are 
 as follows: 
 
 Beginning at the mouth of the 
 Wabash River, thence up the middle 
 of that river to a point where said 
 middle is intersected by the line 
 (projected south) between the States 
 of Illinois and Indiana, as estab¬ 
 lished by the Act of this State en¬ 
 titled “An Act establishing the line 
 between the States of Illinois and 
 Indiana”, approved on the seven¬ 
 teenth day of February, 1823; thence 
 north along said line to the north¬ 
 west corner of the State of Indiana, 
 thence east along the northern 
 boundary of the State of Indiana to 
 the middle line of Lake Michigan; 
 thence northerly along the middle 
 line of Lake Michigan to a point 
 
470 
 
 JOURNAL OF THE 
 
 [Jan. 31, 
 
 marked, projected west, to the 
 middle of the Mississippi River; 
 thence down and 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 concurrent jurisdiction 
 as the Federal Congress has granted 
 or hereafter may grant to this State 
 over the Mississippi, Ohio and Wa¬ 
 bash rivers and other navigable 
 waters constituting any part of the 
 boundary lines of this State, and 
 also such further jurisdiction as this 
 State and any bordering state may 
 agree upon and provide by law not 
 inconsistent with the Federal Consti¬ 
 tution or any Act of the Congress of 
 the United States. 
 
 where said middle line is intersected 
 by a line (projected easterly) ascer¬ 
 tained, surveyed and marked in the 
 year 1832 by the joint commission of 
 the United States and the State of 
 Illinois as north latitude forty-two 
 (42) degrees thirty (30) minutes; 
 thence w'esterly along said line, as 
 established by said joint commission, 
 to the middle of the Mississippi 
 River; thence southerly along the 
 middle of that river to its confluence 
 with the Ohio River; thence along 
 the northwest shore of the Ohio 
 River to the place of beginning. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman. 
 Thos. Rixaker, 
 
 Charles B. T. Moore, 
 Herbert E. Torrance, 
 Edward H. Brewster. 
 Committee on Phraseology and Style. 
 
 IN RE PROPOSAL NO. 357. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 357, being a Proposed 
 Relative to the Boundaries of the State of Illinois. 
 
 The Act of Congress of April 18, 1818, enabling the people of Illi¬ 
 nois to form a State, fixed its boundaries and required its first Constitu¬ 
 tional Convention to accept them. Accordingly, the Constitution of 1818 
 contained an article ratifying the boundaries thus established and a 
 similar article on boundaries has appeared in every Constitution since 
 that elate. 
 
 The State was bounded by natural monuments, except for a portion 
 of the line between Illinois and Indiana, and the line between Illinois 
 and Wisconsin. The Illinois-Indiana boundary was surveyed in the 
 
 %j */ 
 
 year 1821 by a joint commission of the. two states. (Illinois: Act of 
 February 6, 1821, providing for such commission; also Act of February 
 17, 1823, approving the survey as made. Indiana: Act of January 8, 
 1821; Joint Resolution, December 11, 1821). Apparently no difficulty 
 has ever arisen over this survey. The northern boundary of the State 
 was fixed by the Enabling Act as 42° 30' north latitude and all of the 
 Constitutions of the State have so described it. However, the line as it 
 was surveyed and as it has always been observed; diverges from north 
 latitude 42° 30', and the facts here involved should be considered by the 
 Convention. 
 
1922. ] 
 
 CONSTITUTIONAL CONVENTION. 
 
 471 
 
 This line was surveyed by a joint commission of the United states 
 and the State of Illinois. The commission was authorized on the part 
 of the United States by an Act of Congress, passed April 18, 1831, and 
 on the part of Illinois by the Act of January 2, 1829. (Revised Laws of 
 Illinois, 1829, p. 11). A supplementary Act was passed in this State 
 February 5, 1831, which provided that the survey should be made by 
 “celestial observation and not by mariner’s compass”, and further pro¬ 
 vided that stone markers should be set up on the line every five miles. 
 The commission started its work in October, 1831, at a point on the 
 Mississippi River and surveyed the line eastward to some distance east 
 of the Rock River when winter intervened. The Black Hawk War pre¬ 
 vented the continuance of the work in the following spring and the 
 survey was not completed until January, 1832. 
 
 The report of the commissioner for the United States may be found 
 in the Congressional Journal, Senate Document 234, 24th Congress 
 First Session. The report of the commissioner for Illinois was filed 
 with the Governor, February 12, 1833 (See H. J. 1833, p. 504), and 
 may be found—together with the field notes of the survey—in the office 
 of the Auditor of Public Accounts. The commissioners explain in their 
 report that the inclemency of the weather prevented a survey by celestial 
 observation and, accordingly, the line was surveyed by use of the compass. 
 The commissioners also explain that the difficulty of getting suitable 
 stone prevented the marking of the line as the Act required and, ac¬ 
 cordingly, the line was marked in a comparatively few places. 
 
 Tlie line as surveyed is inaccurate and departs in several localities 
 from true north latitude 42° 30'. The best discussion of the subject is 
 found in “Bulletins Wisconsin ‘Hist. Soc. Coll. XI, ‘The Boundaries of 
 Wisconsin/ ” p. 501, where the divergence of the line as surveyed is 
 described by Prof. Reuben G. Thwaites of the University of Wisconsin. 
 He quotes Prof. John E. Daviess of the United States Coast and Geodetic 
 Survey as follows: 
 
 “The line as it is, does not represent parallel 42° 30' as the 
 Constitution of each state prescribes. It zigzags to and fro, having 
 been made by a surveyor’s compass apparently in the hands of 
 Lucius Lvon, TYiited States Commissioner. The line should gx> 
 further south than it now is—about three-quarters of a mile in the 
 western part of Wisconsin; and further north in and east of Beloit/’ 
 The subject is also discussed in an article by Prof. H. G. James, 
 “Preamble and Boundary Articles of the Constitution of Illinois”, found 
 in the proceedings of Chicago Historical Society,' Yol. Y, p. 1. 
 
 Your committee is in receipt of a letter dated November 19, 
 1920, from R. IT. Batterman, County Surveyor for Rock County, Wis¬ 
 consin, which shows a considerable divergence of the surveyed line from 
 the true line in the city of Beloit, Wis., where it is obvious that property 
 rights of a very substantial character are involved. The letter is in 
 part as follows: 
 
 “The boundary varies from true latitude 42° 30' and I refer 
 you to Rockford and Belvidere Quadrangle U. S. Geological Survey 
 * * *. The city of Beloit, (Wis.), is situated on the north side 
 of the state line and (if the true line were observed) would probably 
 
472 
 
 JOURNAL OF THE 
 
 [Jan. 31, 
 
 lose three blocks of residence and business property, while South 
 Beloit, Ill., would gain.” 
 
 Your committee is informed that a similar divergence exists along 
 the eastern part of the line and that in Lake County the observed line 
 is roughly half a mile too far south. 
 
 The inaccuracy of the line as surveyed seems to have been appreci¬ 
 ated quite early by the Government of the United States, for the Senate 
 by resolution (December 22, 1835), requested the Secretary of the 
 Treasury to lay before it the report of the commissioner who surveyed 
 the line. (Senate Document 234, 24th Congress, First Session) Shortly 
 thereafter a Federal Act was passed which provided . that the northern 
 boundary line, ascertained, surveyed and marked * * shall be 
 
 deemed and taken as the line . in north latitude fort}-two 
 
 degrees thirty minutes * * * and shall be and forvere remain the 
 
 northern boundary line of said State”. (U. S. Statutes at Large, Vol. 
 
 V, p. 57, approved June 23, 183G). 
 
 The effect of this action on the part of Congress is doubtful. It may 
 be questioned how far the Federal Government could alter the boundaries 
 of a sovereign state after its admision, especially by cutting off part of 
 its territory. Furthermore, the Enabling Act for Wisconsin (approved 
 August 8, 1846) fixed the southern boundary of that state as “42° 30' 
 north latitude” without reference to the Act of June 23, 1836. This 
 raises the question whether the Act of 18o6 may not have been repealed 
 by implication. The state of Wisconsin by its Constitution adopted in 
 the year 1848, accepted the boundary line as 42° 30' north latitude. 
 
 Your committee cannot find that there has ever been any official 
 action on the part of the State of Illinois approving the line as surveyed. 
 Even if there had been some action taken by the General Assembly of 
 Illinois or by the Executive Department of the State in an attempt to 
 approve the inaccurate survey, it may be questioned whether such action 
 would be constitutional. In other words, when the Constitution of the 
 State adopted in 1818 fixed the boundary at 42° 30' north latitude it is 
 questionable whether the General Assembly or any officer of the State 
 could change that boundary. There remains, however, the question of 
 what effect follows from nearly a century's observance of the inaccurate 
 line. If ligitation arose over the point, the Supreme Court of this State 
 or of the United States might hold that the line as surveyed had become 
 the actual boundary line because of long observance. (See Missouri v. 
 
 Iowa, 7 Howard, 660). . . 
 
 In view of the facts above discussed the logical results of continuing 
 
 a boundaries article m the Constitution should be considered. In the 
 first place such an article in the Constitution of 1920 would probably 
 hamper any proposed settlement of this question by the two states. Thus 
 it seems clear that the General Assembly of this State would be prevented 
 from adjusting the boundary question with Wisconsin through a joint 
 commission or otherwise. Such a settlement between the two states 
 could only be authorized so far as Illinois was concerned by a subsequent 
 amendment to the Constitution. 
 
 Again, it is clear that the territorial jurisdiction of the State is 
 necessarily limited by the boundaries recited in the Constitution. There 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION 
 
 473 
 
 is in fact at this time a considerable amount of territory now occupied 
 by Illinois which lies north.of true 42° 30' north latitude. If m such 
 territory there should arise ligitation, either criminal or civil—let us say 
 a prosecution for murder or a suit to collect taxes—the question of the 
 -jurisdiction of the Illinois courts would immediately arise. Indeed, the 
 Constitution itself could be cited as authority for lack of jurisdiction on 
 the part of the courts of this State. The same is true of the teiritorv 
 now occupied by Wisconsin which lies south of the true boundary. Here 
 
 again, the territory is of considerable extent. . 
 
 Finally, if the Constitution of the State is considered as a limitation 
 rather than a grant of power to an otherwise sovereign state Govern¬ 
 ment, the only effect of a boundaries article is to restrict the jurisdiction 
 of the state. " For it is obvious that the territorial jurisdiction oi the 
 state cannot be increased by recitals in its Constitution. 
 
 The question of the necessity of a boundaries article may be con¬ 
 sidered further in the light of the experience of other states. An ex¬ 
 amination of the various state constitutions shows that twenty-four out 
 of forty-eight states in the Union have no such provisions in their con¬ 
 stitutions. The custom of putting such an article into the constitution 
 of a state seems to have been due to the fact that the Enabling Act o 
 CoAgress usually required the new state to accept in its constitution the 
 boundaries laid down by that Act. (See Illinois Central R. B • Co. v. 
 Illinois, 146 U. S. 38-7, p. 434). After a state has formally accepted 
 its boundaries by its first constitution and has been admitted to the 
 Union the purposes of such a recital seem to have been fully peifoimet. 
 The United States through the Enabling Act and the particular state 
 through its first constitution thereby enter into a compact regarding tic- 
 boundaries of the state and that compact made between two sovereign 
 powers cannot thereafter be affected by further recitals m subsequent 
 state constitutions. Or if it is possible for such recitals to affect the 
 boundaries of the state it would seem that the only result would be an 
 adverse one. Though it is obvious that Illinois could not gam territory 
 from Wisconsin by misdescription in the boundaries article; yet Illinois 
 by this means might possibly relinquish either jurisdiction or territory 
 
 Your committee therefore recommends that this article be omitted 
 from the Constitution of 1920 for the reasons above given which may 
 
 be summarized as follows: . 
 
 1 The only purpose of such an article is to accept the boundaries 
 
 of the State as defined in the Enabling Act of Congress; and this result 
 is accomplished when the first Constitution has been adopted. 
 
 2. The retention of the boundaries article in the Constitution may 
 prevent a possible adjustment in the future of the northern boundary 
 
 3 r phe recital of the boundaries in the Constitution limits the 
 territorial jurisdiction of the courts and might raise serious questions 
 in future litigation. 
 
 4 . The limitation necessarily implied by a boundaries article seeim 
 unfortunate since its only result — if it has any result is to affect the 
 
 State adversely. 
 
 s 
 
474 
 
 JOURNAL OF THE 
 
 [Jan. 31, 
 
 5. One- half of the states of the U nion do not have an article on 
 boundaries in their constitutions and it is obvious that the article is 
 unnecessary. 
 
 T our committee has redrafted the article on boundaries in a form 
 which it recommends if this article is to be retained in the Constitution. 
 
 The word “jurisdiction’* in the first line of the reference draft 
 deserves special attention. It did not appear in the Enabling Act of 
 Congress, nor in the Constitution of 1818 but appeared first in the 
 Constitution of 1848. It was copied by the rejected Constitution of 
 1862 and by the Constitution of 1810. 
 
 The word “jurisdiction'’ as here used is unnecessary for three 
 reasons. In the first place it is obvious that the territorial jurisdiction 
 of the State will be at least as large as its boundaries, and there is no 
 occasion for asserting that fact in the Constitution. Again, many of 
 the states which do have an article on boundaries in their constitution* 
 omit the word “jurisdiction” from the article. Two notable examples 
 of this are the states of Wisconsin and California. Finally, it should 
 be obeserved that it is not correct to say that the jurisdiction of the 
 State of Illinois is coextensive with its boundaries. The State, as a 
 matter of fact, has jurisdiction in a number of instances beyond its 
 boundaries as will be shown later. For these reasons the word “juris¬ 
 diction" should be omitted. 
 
 Turning now to the proviso which appears at the end of the. article, 
 it is obvious that the proviso is an exception made necessary by the use 
 of the word “jurisdiction.” There is an essential contradiction in the 
 article when the proviso is considered, since the body of the article states 
 that the “jurisdiction” is limited by the boundaries while the proviso 
 at the end of the article lays down a contrary rule. 
 
 There are at least four instances in which the State of Illinois has 
 been expressly granted jurisdiction beyond its boundaries. The Supreme 
 Court of the United States in Wedding v. Meyler, 192 U. S. 573, 1904, 
 held that the State of Illinois possessed a concurrent jurisdiction with 
 Kentucky over the portion of the Ohio Fiver which forms the boundary 
 between the two states. This is due to an early Act of the State of 
 Virginia providing for the formation of a state out of the “District of 
 Kentucky” and giving concurrent jurisdiction to the states which might 
 “possess the opposite shores” of the Ohio Fiver. The Supreme Court 
 of this State has discussed this concurrent jurisdiction in the case of 
 Union Bridge Company v. Industrial Commission, 287 Ill. 396, 1919. 
 
 The Enabling Act of Congress for the State of Indiana granted to 
 Indiana and Illinois concurrent jurisdiction over the Wabash Fiver so 
 far as that river forms the common boundrav between the two states. 
 (Act of Congress, 3 Stat. at Large, p. 289, 1816) This jurisdiction was 
 reaffirmed in the Enabling Act for Illinois. (Act of Congress, 3 Stat. 
 at Large, p. 428, 1818). 
 
 The Enabling Act for the State of Missouri gave to Illinois and 
 Missouri concurrent jurisdiction over the Mississippi Fiver where it 
 forms the common boundary between the two states. (Act of Congress, 
 
 • Stat. at Large, p. 545, 1820). 
 
 ) 
 
CONSTITUTIONAL CONVENTION. 
 
 475 
 
 1922.] 
 
 The Enabling* Act for the State of Iowa gave a similar jurisdiction 
 to Iowa and Illinois over the part of the Mississippi River which forms 
 tiie common boundary between those two states. (Act of Congress, 5 
 Stat. at Large, p. 742, 1845). 
 
 The reference draft in the proviso contains the words such lurcher 
 jurisdiction as this State and any bordering state may agree upon.' A 
 short consideration makes it apparent that these words were used ad¬ 
 visedly. Thus it might become desirable for the State of Illinois to 
 make an agreement with the k^tate of Michigan oi w ith the State of 
 Indiana, or with both of them, concerning the middle waters of Lake 
 Michigan. If the word “jurisdiction” is retained in the main body of 
 the article it is necessary to retain some such phrase as that above quoted. 
 But just as the omission of the word “jurisdiction*’ in the main body 
 of the article makes it unnecessary to provide in the proviso for con¬ 
 current jurisdiction with other states vhich has alieady been established, 
 so also it becomes unnecessary to provide in the proviso for possible con¬ 
 current jurisdiction to be acquired by agreement with othei states in 
 the future. Accordingly, your committee has omitted the proviso. 
 
 The incidental changes in phraseology made by your committee will 
 now be considered. The word Mo-wit in the first line of the lefeienm 
 draft is omitted as unnecessary. The word ‘Then’’ in the second line 
 has been changed to “’thence” since the idea expressed is one oi distance 
 and not of time; moreover, the word “thence’’ has been used elsewhere 
 throughout the reference draft. The words "the same” ha\e oeeii 
 stricken out for reasons given in the prior reports of this committee and 
 
 the words “that river” substituted. 
 
 The phrase “* * * and with the line of Indiana to tne -North¬ 
 
 west corner of said State” seem to your committee uncertain in their 
 meaning. The “line” referred to is of course an established line and 
 language should be used to indicate how the line has been established. 
 It was fixed by a survey made by a joint commission of the two state-; 
 and the survey Avas approved by an Act of the General Assembly m 
 Illinois. (February 17, 1823).* Accordingly your committee in its 
 draft has made reference to this Act of the General Assembly. The line 
 as surveyed, hoAvever, begins on the north bank oi the A abash Fiver and 
 not at the “middle” of the river. To make a complete description of the 
 boundarv at this point it is necessary to project the surveyed line south 
 to the middle of the river to close the gap. Your committee has, accord¬ 
 ingly, described the Indiana-lllinois boundary in a manner to meet 
 these two objections and has used such words as make the desciiption 
 
 of that boundary complete and exact. 
 
 The phrase “thence east Avith the line of \he same State to the 
 middle of Lake Michigan” your committee believes can better be ex¬ 
 pressed by “thence east along the northern boundary of the State ol 
 
 Indiana to the middle oi Lake Michigan. 
 
 The word “north” your committee has changed to "northerly since 
 
 in the waters of Lake Michigan that change conforms to the facts. 
 
 The reference draft provides that the line in Lake Michigan shah 
 extend “* * * north to the line of north latitude 42° 30' as the 
 
 same projected east was or may heroalter be ascertained, sui \ca ed, estab- 
 
476 
 
 JOURNAL OF THE 
 
 [Jan. 31, 
 
 wording 
 
 lished and marked.” It is obvious that the language here used is not 
 consistent since the purpose is to describe the boundary as being fixed 
 either by the line previously surveyed or a line which mav be surveyed 
 in the future. If the line should be surveyed in the future the questions 
 arise: Which line would be the true boundary line under the language 
 here used? Or would there be some sort of option to be exercised as 
 between the two lines? Again, if the new line were to become the 
 boundary line, is the language here used self-executing ? This 
 seems therefore unfortunate. 
 
 Your committee has already called attention to the fact that this 
 line as surveyed is not true 42° 30' north latitude. It follows as a matter 
 of course that the surveyed line projected east in Lake Michigan will 
 not be true 42° 30' north latitude at the middle of the lake. It is not 
 correct, therefore, to say that the line in Lake Michigan shall extend 
 “Xorth * * * to the line of north latitude 42° 30' as the same pro¬ 
 
 jected east was” etc. Accordingly, your committee has rephrased this 
 portion of the article to describe accurately the junction in Lake Michi¬ 
 gan of the east and the north boundary line. The reference draft has 
 described the north boundary of the State as being the line established 
 and surveyed by the joint commission of the United States and Illinois. 
 Your committee assumes that by so doing the Convention decided to 
 adopt the line thus fixed. 
 
 The word “west” is changed to “westerly” since that change accords 
 with the facts when the surveyed line is adopted. The word “down” 
 is changed to “southerly” in describing the line in the Mississippi River 
 since that change more directly describes the direction to be followed. 
 In describing the boundary on the north bank of the Ohio River it is 
 unnecessary to use the word “up” since the words “to the place of be¬ 
 ginning'* completely express the meaning intended. 
 
 In describing the boundary line where it has been fixed bv rivers 
 your committee has been careful to observe strictly the phraseology of 
 the Enabling Act. It has been your committee’s assumption that the 
 Enabling Act operated as a grant from the Federal Government to the 
 State of Illinois and the descriptive words of the grant have been care¬ 
 fully observed. It should be noted, however, that the word "middle 
 where it appears in the reference draft in connection with the W abash 
 River did not appear in the Constitution of 1870 or in any prior Con¬ 
 stitution, or in the Enabling Act itself. This word was inserted by the 
 Committee of the Whole. After careful consideration your committee 
 has retained the word “middle” for that word has been used in prior 
 Constitutions and in the Enabling Act in describing the waters of Lake 
 Michigan and in describing the line in the Mississippi River. Further¬ 
 more, the word “middle" has been defined by the Supreme ( ourt of the 
 United States in a way that makes its use here proper. The court in 
 that case was considering the precise phrase "middle of the Mississippi 
 Rivers” as used in the Constitution of this State. (Iowa v. Illinois. 14< 
 U. S., p 1). 
 
 In conclusion it may be said that if the Convention should decide 
 to retain the article on boundaries, the draft submitted h} } our com- 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 477 
 
 mittee is intended to be precisely in accordance with the boundaries of 
 the State as fixed by the Enabling Act of Congress and by the surveys 
 authorized by the General Assembly of the State. 
 
 Report No. 6. 
 
 YOUR COMMITTEE OX PHRASEOLOGY AXD STYLE. TO 
 WHICH WAS REFERRED A PROPOSAL ENTITLED COR¬ 
 PORATIONS, (INTRODUCTION NO. 364, REFERENCE NO. 
 8 ) AS AMENDED IN COMMITTEE OF THE WHOLE RE¬ 
 SPECTFULLY REPORTS THAT IT HAS CONSIDERED 
 SUCH PROPOSAL AND HEREWITH SETS FORTH IN 
 PARALLEL COLUMNS SAID PROPOSAL AS ADOPTED IN 
 COMMITTEE OF THE WHOLE ON THE LEFT. AND A 
 SUBSTITUTE THEREFOR AS RECOMMENDED BY THIS 
 COMMITTEE ON THE RIGHT. 
 
 Resolved, That the folloiving 
 tion of Illinois: 
 
 Section 1. No corporation shall 
 be created by special laws, or its 
 charter extended, changed, or amend¬ 
 ed, except those for charitable, edu¬ 
 cational, penal or reformatory pur¬ 
 poses, which are to be and remain 
 under the patronage and control of 
 the State, but the General Assembly 
 shall provide by general law for the 
 organization of all corporations here¬ 
 after to be created. 
 
 Section 2. The General Assembly 
 shall provide, by law, that in all 
 elections for directors or managers 
 of incorporated companies every 
 stockholder shall have the right to 
 vote in person or by proxy, for the 
 number of shares of stock owned by 
 him, for as many persons as there 
 are directors or managers to be 
 elected, or to cumulate said shares, 
 and give one candidate as many 
 votes as the number of directors 
 multiplied by the number of his 
 shares of stock, shall equal, or to 
 distribute them on the same prin¬ 
 ciple among as many candidates as 
 he shall think fit; and such direct¬ 
 ors or managers shall not be elected 
 in any other manner. But provision 
 may be made by law for the issu¬ 
 ance of classes of stock with restrict¬ 
 ed, or without any voting power, and 
 every certificate of stock shall show 
 on its face its voting or non-voting 
 character. 
 
 •hall become a part of the Constitu- 
 
 Section 1. No special law may 
 grant or change any corporate 
 powers, except those of educational, 
 charitable, reformatory or penal cor¬ 
 porations under the patronage and 
 control of the State. 
 
 Section 2. In every election for 
 directors each stockholder may cast, 
 in person or by proxy, as many votes 
 as shall equal the number of direc¬ 
 tors to be elected multiplied by the 
 number of shares owned by him (ex¬ 
 cluding shares of restricted or no 
 voting power, the certificates for 
 which show them not entitled then 
 to be voted) and may cumulate his 
 votes for one candidate or distribute 
 them among several. 
 
JOURNAL OF THE 
 
 [Jan. 31, 
 
 478 
 
 Section 3. The State shall never 
 engage in the business of banking, 
 nor own, or be liable for, any stock 
 in any corporation, joint stock com¬ 
 pany or association for banking pur¬ 
 poses. Banks of money issue shall 
 not be authorized or created. 
 
 Section 4. Every stockholder in a 
 corporation organized for banking 
 purposes shall be liable to its credit¬ 
 ors, over and above the amount of 
 stock held by such stockholders, to 
 an amount equal to such shares, for 
 all its liabilities accruing while such 
 shares were held by such stockholder. 
 The General Assembly shall provide 
 by law the manner in which such 
 liability shall be enforced. 
 
 Section 5. The rolling stock and 
 other movable property belonging to 
 any railroad company or corporation 
 in this State, shall be considered per¬ 
 sonal property, and shall be liable 
 to execution and sale in the same 
 manner as personal property of in¬ 
 dividuals, and the General Assembly 
 shall pass no law exempting any such 
 property from execution and sale. 
 
 Section 6. The General Assembly 
 shall never loan the credit of the 
 State, or make appropriations from 
 the treasury thereof, in aid of any 
 railroad, and no county, city, town, 
 township or other municipality, shall 
 ever become subscriber to the capital 
 stock of any railroad or private cor¬ 
 poration, or make donation to, or 
 loan its credit in aid of such corpor¬ 
 ation. 
 
 Section 7. No conrtact, 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 com¬ 
 pany, in accordance with the provis¬ 
 ions of the charter of said company, 
 approved Februarj* tenth, in the year 
 of our Lord one thousand eight hun¬ 
 dred and fifty-one, shall ever be re¬ 
 leased, suspended, modified, altered, 
 remitted, or in any manner dimin¬ 
 ished or impaired by legislative or 
 other authority; and all moneys de¬ 
 rived from said company after the 
 payment of the State debt, shall be 
 
 Section 3. The State shall not 
 authorize any bank of issue, nor con¬ 
 duct, nor own any interest in, nor 
 incur any liability for, any banking 
 business. 
 
 Section 4. Every stockholder of a 
 bank shall be liable (in addition to 
 any liability for his stock) to the 
 amount of the par value of the stock 
 held by him for liabilities of the 
 bank accruing while he held such 
 stock. The General Assembly shall 
 provide by law the manner in which 
 such obligation shall be enforced. 
 
 Section 5. Rolling stock and other 
 movable property of common car¬ 
 riers shall be subject to execution 
 sale. 
 
 l 
 
 Section 6. Public funds or credit 
 shall never be used to aid any pri¬ 
 vate enterprise, or private corpor¬ 
 ation including railroads. 
 
 Section 7. No right of the State 
 under the charter of the Illinois 
 Central Railroad Company shall ever 
 be surrendered, and all money re¬ 
 ceived from it shall be used only 
 for State purposes. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 479 
 
 appropriated and set apart for the 
 payment of the ordinary expenses of 
 the State government, and for no 
 other purpose whatever. 
 
 Section 8. 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 trans¬ 
 portation of their persons and prop¬ 
 erty thereon, under such regulations 
 as may be prescribed by law. And 
 the General Assembly shall from 
 time to time pass law's establishing 
 reasonable maximum rates of charges 
 for the transportation of passengers 
 and freight on the different railroads 
 in this State. 
 
 Section 9. The General Assembly 
 shall pass laws to correct abuses and 
 prevent unjust discriminations 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 pur¬ 
 pose, of forfeiture of their property 
 and franchises. 
 
 Sections 8 and 9 combined. Under 
 reasonable maximum rates and regu¬ 
 lations, as fixed by law, everyone 
 shall have the equal right to have 
 his person and property carried on 
 railroads. The General Assembly 
 shall prevent extortion and unjust 
 discrimination in freight and pas¬ 
 senger rates and shall correct abuses, 
 by imposing penalties, including, if 
 necessary, forfeiture of property and 
 franchises. 
 
 Respectfully submitted, 
 
 Elam L. Clarke. Chairman. 
 Thomas Rinaker, 
 
 Charles B. T. Moore, 
 Herbert E. Torrance, 
 Edward H. Brew t ster, 
 Committee on Phraseology and Style. 
 
 Memorandum from Committee on Phraseology and Style, Accom¬ 
 panying Report on Proposal No. 364, Being a 
 Proposal Entitled “Corporations”. 
 
 Section 1 . The phrase “bv special laws” modifies the verb “cre¬ 
 ated'’ and appears to modify the verb “extended, changed, or amended,” 
 though this is apparnent only from the context. The phrase is in the 
 wrong place in the sentence to modify all of these verbs. 
 
 The word ‘Those" in the second line appears to be a demonstrative 
 pronoun but it is not clear to what it refers. Apparently the word 
 “corporations’ is to be supplied but this is an unhappy addition because 
 it excepts plural “corporations" from the singular ‘‘no corporation”. 
 
 The phrase “charitable, educational, penal or reformatory purposes’* 
 is vague. This phrase is in the Constitution of eleven states but it 
 has had slight construction. The Supreme Court of Idaho had said 
 that the special charter of a school district might be amended under a 
 similar section. (Howard v. Indian School District. 17 Idaho a37 .) 
 
480 
 
 JOURNAL OF THE 
 
 [Jan. 31. 
 
 The Supreme Court of Colorado has held that the Legislature might 
 pass a special Act incorporating the City of Denver under this section. 
 
 (Carpenter v. People , 8 Colo. 116). Inasmuch as the Supreme Court 
 of Illinois has said that this section has no application to municipal 
 corporations, these decisions are apparently not in point in this State, 
 (i Owners of Lands v. People, 113 Ill. 296, 1885.) In view of the fact, 
 however, that this phrase is in the Constitution of so many states it is 
 likely in the course of time to acquire a construction and your com¬ 
 mittee does not recommend its omission. 
 
 The phrase "under the patronage and control of the State" is 
 equally vague but it has been adopted by other States and in view of 
 the likelihood of its being judicially construed, your committee does 
 not recommend its omission. 
 
 Your committee thinks that it is not necessary to command the 
 General Assembly to provide for incorporation by general law after that 
 body has been forbidden to grant corporate powers by special law. 
 
 For the reasons given and to economize words your committee has 
 redrafted the section in the form appearing above. 
 
 Section 2. The reference draft is ambiguous because it is not clear 
 whether or not it is self-executing. The section confuses mandates to 
 the General Assembly with self-executing provisions. The first sentence 
 commences "The General Asembly shall provide” and ends “and such 
 directors shall not be elected in any other manner”. The second sen¬ 
 tence begins "provision may be made” and likewise ends with what is 
 apparently a self-executing mandate. The Supreme Court has held 
 that the provision as it exists in the Constitution of 1870 is self-ex¬ 
 ecuting. (.Durkee v. People , 155 Ill. 354, 1895.) Your committee 
 believes that the Convention intended the section to be effective without 
 legislation and accordingly has so phrased it. 
 
 The words "and managers” after the word "directors” have been 
 omitted as unnecessary. The word "directors” is a term well known 
 to the law and includes the members of the managing body whether 
 called trustees, managers or by any other name. 
 
 The reference draft in providing that "every certificate of stock 
 shall show on its face its voting or non-voting character” introduces 
 a new and technical requirement into the law of corporations. It does 
 not appear what the effect would be if the certificate of stock failed to 
 contain this recital. Thus a court might hold that such a certificate 
 was void or it might be held that the only effect was that the stockholder 
 was entitled to vote. If the certificate be held void it does not appear 
 what the remedies of the stockholders or subscribers would be. 
 
 In addition, this clause is objectionable because it contains no pro¬ 
 vision for preferred stock in the usual form which has 'soting powei 
 only upon a failure to pay dividends. Your committee believes that the 
 Convention intended to premit such stock to be voted when dividends 
 due on it are not paid and further intended to authorize the holder 
 of such stock, when voting, to cumulate his votes. To meet ^ these ob¬ 
 jections your committee has condensed this phrase to read excluding 
 shares of restricted or no voting power the certificates for which show 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 481 
 
 them not entitled then to be voted”. Under this phraseology the only 
 stock which may not be voted at a particular election is that stock 
 which, under the terms of its certificates, is not entitled to be voted 
 at that election. 
 
 The clause^ or to cumulate said shares and give one candidate as 
 many votes as the number of directors multiplied by the number of his 
 shares of stock shall equal, or to distribute them on the same principle 
 among as many candidates as he shall think fit” is clumsy and verbose. 
 Your committee thinks this clause is more succinctly rendered by the 
 words “may cumulate his votes for one candidate or distribute them 
 among several”. 
 
 Section 3. This section of the reference draft is a revised combi¬ 
 nation of sections 5 and 7 of Article 11 of the Constitution of 1870. 
 The first sentence is taken from section 5 and the last is suggested by 
 section 7. Section 7 of the Constitution of 1870 does not forbid banks 
 of issue but forbids the suspension of specie payments bv banks of issue. 
 Since 1866 the issuance of bank notes and bills of credit by banks other 
 than national banks has been effectively prohibited by a 10 per cent 
 Federal tax. This was known to the framers of the Constitution of 
 1870 and section 7 was inserted to prevent the suspension of specie pay¬ 
 ment if the Federal statute should ever become inoperative. (Debates 
 1870, pp. 1678-85.) This Convention has taken the further step of 
 prohibiting the creation of banks of issue. 
 
 Your committee has shortened the phrase “corporation, joint stock 
 company, or association for banking purposes” to read “banking busi¬ 
 ness.” The latter phrase includes a bank operated by an individual as 
 well as one operated by a corporation, joint stock company or associa¬ 
 tion. Your committee assumes that it was intended to include within 
 the purview of the section all classes of banks. 
 
 “Bank of issue” is used as equivalent to “banks of money issue”. 
 
 The phrase “authorized or created” appears tautologous and the 
 latter verb has been stricken. 
 
 in the interest of brevitv your committee has rearranged the 
 section. 
 
 Section 4. This section is similar to section 6 of article 11 of the 
 present Constitution. The Supreme Court has held that the individual 
 liability provided for in this section can not be enforced for the benefit 
 of all the creditors by a receiver appointed by a court. (Golden v. Cer- 
 vanJm; 278 111 . 409, 1917). The Convention has inserted the last sen¬ 
 tence of the reference draft with the intention to repeal the rule thus 
 laid down. Your committee understands that in making this addition 
 thg Convention did not intend to deprive the first portion of the section 
 of its self-executing effect, i. e. the Convention intended that until the 
 General Assembly acts each creditor may proceed against any stock¬ 
 holder as under the Constitution of 1870. 
 
 The word “bank” has been used by your committee as the equiva¬ 
 lent of the phrase “corporation organized for banking purposes". 
 
 The words “over and above the amount of stock held by such stock¬ 
 holder” allude to the liability to the creditors of a corporation of those 
 
 —31 C J 
 
482 
 
 JOURNAL OR THE 
 
 [Jan. 31, 
 
 stockholders who have not paid in the full par value of their stock. 
 These words at one time led the Supreme Court into stating that each 
 stockholder was liable to each creditor for twice the par value of his 
 stock (Du gee v. Swigert, 127 111. 494, 1889), but the court later said 
 that this expression was inadvertent. (Golden v. Cervanka, 278 111. 
 409, 1917). Your committee has used the phrase “in addition to any 
 liability for his stock 5 ' as expressing more aptly the idea intended to be 
 conveyed by these words. 
 
 Your committee has rephrased the section to avoid verbosity and 
 state the intention more directly. 
 
 Section 5. Prior to 1870 the Supreme Court of Illinois had held 
 that the rolling stock of railroads constituted real property at least for 
 the purposes of railroad mortgages. (Palmer v. Forbes, 23 Ill. 301, 
 1800; Hunt v. Bullock > 23 Ill. 320, I860; Titus v. Mabee, 25 Ill. 257, 
 1861). This section was inserted as section 10 of Article 11 in 1870 
 to change this rule. It is obvious that the section, if it achieved its 
 object, would work a great hardship upon the mortgagee since it would 
 require his mortgage to be executed in the form of a chattel mortgage 
 and re-executed every two years in accordance with the Illinois statute. 
 The mortgagee would be constantly compelled to reclaim his property 
 after levy and execution sale. It appears that there are no decisions 
 of the Supreme Court of Illinois construing this section. The Supreme 
 Court of the United States has construed it, however, not to require the 
 execution of a railroad mortgage in the form of a chattel mortgage. The 
 Supreme Court thus in effect overrules the section. (Hammock v. Loan 
 and Trust Company, 105 U. S. 77.) 
 
 Obiviously it is useless to define rolling stock as personal property 
 unless the definition is made effective. Your committee has, therefore, 
 omitted this portion of the section. 
 
 Your committee has changed the words “execution and sale" to 
 “execution sale." The latter phrase more exactly expresses the meaning 
 intended. 
 
 After it has been stated that rolling stock is subject to execution 
 sale, it is needless to state that the General Assembly shall not exempt 
 it from such sale and this portion of the clause has, therefore, been 
 omitted. 
 
 Section 6. This section is similar to the second separate section 
 of the Constitution of 1870. That section prohibits public aid to rail¬ 
 roads or private corporations. 
 
 Section 9 of Article 9 of the Constitution of 1870 has a similar 
 effect because it prohibits the imposition of taxes by municipalities ex¬ 
 cept for corporate purposes and a gift to a private corporation is smn- 
 erally not for a corporate purpose. (Mather v. City of Ottawa, 114 ill. 
 659, 1885). It will be noted that section 20 of Article 4 of the present 
 Constitution has a similar object. 
 
 The term “railroads and private corporations" has been changed 
 to read “any private enterprise or private corporation including rail¬ 
 roads 75 because your committee thought that it was not the intention of 
 the Convention to impliedly authorize public aid to private enterprises 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 •183 
 
 which were conducted in some other than corporate form. The 1 e-ar¬ 
 rangement of these words is to avoid the application of the rule of 
 eiusdem generis. 
 
 The section seems to your committee illogical and discursive and it 
 has therefore been shortened to read as above set forth. 
 
 Section 7. This section is an example of weakening the force of 
 a prohibition by multiplying words. (See llbert, “Mechanics of Law 
 
 Making;’ p. 117). .... 
 
 The effect of the words “no contract, obligation or liability what¬ 
 ever, 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 prop¬ 
 erty of said company in acordance with the provisions of the charter 
 of said company, approved February tenth, in the year of our Lord One 
 Thousand Eight Hundred and Fifty-one” may be rendered by the words 
 “no right of the State under the charter of the Illinois Central Railroad 
 
 Company.” 
 
 Similarly the verbs “shall evere be released, suspended, modified, 
 altered or in any manner diminished or impaired” are tautologous and 
 may be shortened to read “shall never be surrendered”. 
 
 The reference draft provides that funds received from the Illinois 
 Central Railroad Company shall be used (1) in payments of the State 
 debt; (2) in payment of the ordinary and contingent expenses of the 
 State Government. Your committee believes that it was the intention 
 of the Convention merely to provide that the funds should be expended 
 for State purposes rather than local purposes and that it was not the 
 intention of the Convention to name any particular State purpose to 
 which the funds should be applied. Your committee has, therefore, 
 condensed this provision to the single phrase “for State purposes”. 
 
 Sections 8 and 9 Combined. Section 8 is the same as section 
 12 of Article 11 of the Constitution of 1870. The Supreme Court has 
 said that railroads are public highways merely to the extent that all 
 persons have an equal right upon them for travel and for the carriage of 
 their goods and that the railroads are subject to control by govern¬ 
 mental agencies so far as their relations with the public are concerned. 
 (T. P. & IF. Ry. Co. v. Pence, 68 Ill. 524, 18-73; Lord v. City of Chicago, 
 274 Ill. 313, 1916). Your committee has therefore omitted the ambigu¬ 
 ous term “public highways” and has combined the two clauses of the 
 first sentence of section 8 to read “everyone shall have the equal right to 
 have his person and property carried on railroads.” The second sentence 
 has been rephrased to read “under reasonable maximum rates and regu¬ 
 lations as fixed by law.” 
 
 Section 9 is the same as section 15 of Article 11 of the Constitution 
 of 1870. The words “the General Assembly shall pass laws to correct 
 abuses and prevent unjust discrimination and extortion” have been re¬ 
 vised to read the “General Asembly shall prevent extortion and unjust 
 discrimination”. The section has been further revised to make its form 
 briefer and more logical. 
 
 In making the changes in the section your committee has had no 
 intention to change its meaning. 
 
484 
 
 JOURNAL OF THE 
 
 £ Jill. 31, 
 
 The foregoing reports numbered 4, 5 and 6 were ordered printed 
 and the proposals, contained therein, placed on the order of second 
 reading. 
 
 Special Order. 
 
 The Convention proceeding on the special order of the day, sections 
 6 and 7 of Proposal No. 366, as amended by the supplemental report 
 of the Committee on Phraseology and Style, submitted to the Convention 
 on January 3d, were taken up on the order of second reading and read 
 at large. 
 
 Whereupon Mr. Barr moved that section 7 be adopted. 
 
 Pending consideration, at the hour of 11:58 o’clock a. m., Mr. Barr 
 moved that the Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o’Clock P. M. 
 
 The hour of 2 :00 o’clock p. m., having arrived the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The pending question, at the hour of taking a recess being the con¬ 
 sideration of section 7, the same was again taken up. 
 
 Pending further consideration at the hour of 5 :15 o’clock p. m., Mr. 
 Barred moved that the Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 485 
 
 WEDNESDAY, FEBRUARY 1, 1922, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Charles A. Briggs, of the First 
 Methodist Church, of Freeport. 
 
 The Journal of Tuesday, January 3d, having been printed, and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 The pending question, at the hour of adjournment on yesterday, 
 being the consideration of section 7, the same was again taken up. 
 
 Pending discussion at the hour of 12:45 o'clock p. m., Mr. Barr 
 moved that the Convention do now take a recess until 2 :00 o'clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o'Clock P. M. 
 
 llie hour of 2 :00 o'clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 1 he pending question, at the hour of taking a recess, being the con¬ 
 sideration of section 7, of Proposal Xo. 366, the same was again taken up. 
 
 Pending discussion, Mr. Barr moved that debate be now closed and 
 that the Convention proceed to vote. 
 
 And the motion prevailed. 
 
 Pending a call of the roll, Mr. Quinn offered the following amend¬ 
 ment and moved its adoption: 
 
 Amend Section 7 of Article 4 by striking out the last paragraph of 
 such section and inserting the following: 
 
 The General Assembly shall provide by appropriate legislation, as to 
 counties entitled only to two members, in the House of Representatives, 
 that both of such members may not be elected from the same political party, 
 or group of petitioners or nominators, and as to counties entitled to only 
 three or four members, in the House of Representatives, that no more than 
 two of such members may be elected from the same political party or group 
 of petitioners or nominators, and that in counties entitled only to five mem¬ 
 bers, in the House of Representatives, no more than three of such members 
 may be elected from the same political party or group of petitioners or 
 nominators, and in counties entitled to more than five members, in the 
 House of Representatives, such counties shall be divided into that number 
 of legislative districts as may equal in number one-third of all the members, 
 such*county may be entitled to have in the House of Representatives, and 
 by appropriate legislation it shall be provided that no more than two mem¬ 
 bers from any such district may be elected from the same political party 
 or group of petitioners or nominators. 
 
 If in forming such legislative districts, to provide for three members 
 from each thereof, such county would be entitled to one or two additional 
 members of the General Assembly, by reason of its population, then and in 
 such event a district shall be formed from which less than three members 
 may be elected, no more than one of whom may be elected from the same 
 political party or group of. petitioners or nominators. 
 
486 
 
 JOURNAL OF THE 
 
 [Feb. 1, 
 
 The Legislature shall also provide that no political party or group of 
 petitioners or nominators in any county or district shall be allowed to make 
 any such nominations unless it shall nominate as many candidates as the 
 district for which such nominations are made is entitled to elect to the 
 
 House of Representatives. 
 
 All legislative districts shall be formed of compact and contiguous terri¬ 
 tory bounded by precinct lines and containing as nearly as practicable an 
 equal number of inhabitants. 
 
 Mr. Dunlap raised the point of order that the amendment was not 
 in order for the reason that a motion had been put and carried that 
 debate be now closed and that the Convention proceed to vote/’ 
 
 And the point of order was sustained by the Chair. 
 
 The question then being, on the adoption of section 7, of Proposal 
 Xo. 366, a call of the roll was had, resulting as follows: Yeas, 50; 
 
 nays, 31. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Siting 
 
 Ireland 
 
 Mighell 
 
 Brandon 
 
 Fifer 
 
 Jack 
 
 Mills 
 
 Brewster 
 
 Garrett 
 
 J arman 
 
 Moore 
 
 Cary, C. D. 
 
 Gee 
 
 Johnson, L. C. 
 
 Nichols 
 
 Catron 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Paddock 
 
 Clarke 
 
 Goodyear 
 
 Kerrick 
 
 Parker 
 
 Coolley 
 
 Gray 
 
 Lindly 
 
 Pearce 
 
 Corlett 
 
 Green 
 
 Mack 
 
 Pinnell 
 
 Dryer 
 
 Hogan 
 
 McGuire 
 
 Rinaker 
 
 Dunlap 
 
 Hollenbeck 
 
 Meinert 
 
 Shaw 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taff 
 
 Tanner 
 
 Todd 
 
 Wall 
 
 W arren 
 
 Yeas—50. 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wolff 
 
 Mr. President 
 
 Nays—31. 
 
 Adamkiewicz Davis Hamill Pincus 
 
 Barr Dawes Hull Quinn 
 
 Beckman De Young Latchford Rosenberg 
 
 Brenholt Dupuy, G. A. Lill Scanlan 
 
 Carlstrom Fyke Miller Shanahan 
 
 Cruden Gale Morris Sutherland 
 
 Cutting 
 
 Pending the announcement of the vote, Mr. Barr, changed his vote 
 from aye to no, and afterwards gave notice that on the next Convention 
 day he would move to reconsider the vote by which section 7, of Pro¬ 
 posal Xo. 366, was lost. 
 
 The President then announced that section 7 having failed to re¬ 
 ceive the votes of a majority of the Delegates elected, was declared lost. 
 
 Upon request of their colleagues, Delegates, Whitman, Ivunde, Dietz, 
 O’Brien, Revell and Iarussi were excused from attendance at todays 
 session of the Convention. 
 
 At the hour of 5 :30 o’clock p. m., Mr. Dunlap moved that the Con¬ 
 vention do now adjourn until 10:00 o’clock a. m., tomorrow. 
 
 Mr. Treager moved to amend the motion to adjourn to read 9 :00 
 
 o’clock a. m. 
 
 And the question being on the adoption of the amendment, it was 
 decided in the negative. 
 
 The question recurring on the motion of Mr. Dunlap. 
 
 It was decided in the affirmative. 
 
 And the Convention stood adjourned. 
 
3-922.] 
 
 C 0 X STITUT10 X A L C’O XTEXT 10 XX 
 
 48 7 
 
 THURSDAY, FEBRUARY 2, 1922, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Charles A. Briggs, of the First 
 Methodist Church, of Freeport. 
 
 The Journal of Tuesday, January 31st, having been printed, and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 A our Committee on Rules and Procedure recommend that section six, 
 of Report No. 12, from the Committee on Phraseology and Style, now pend¬ 
 ing on second reading, be made a special order for Thursday, February 
 second, 1922, and each succeeding convention day thereafter until disposition 
 thereof on second reading. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the' affirmative. 
 
 Special Order. 
 
 The Convention proceeding on the special order of the day, section 
 6 , of Proposal No. 366, as amended by the supplemental report, of the 
 Committee on Phraseology and Style, submitted to the Convention on 
 January 3d, was taken up on the order of second reading and read at 
 large. 
 
 Pending discussion, at the hour of 11:15 o’clock a. m., Mr. Dunlap 
 moved that the Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o’Clock P. M. i 
 
 The hour of 2 :00 o’clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 Mr. Barr, in accordance with his notice of yesterday, moved to re¬ 
 consider the vote by which section 7, of Proposal No. 366, was lost and 
 that consideration of said motion to reconsider be postponed and made 
 a special order for Tuesday, February 7, 1922, at 2:00 o’clock p. m. 
 
 And the motion prevailed. 
 
 At the hour of 4:00 o’clock p. m., Mr. Barr moved that the Con¬ 
 vention do now adjourn until Tuesday, February 7, 1922, at 10:00 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
488 
 
 JOURNAL OF THE 
 
 [Feb. 7, 
 
 TUESDAY, FEBRUARY 7, 1922, 10:00 O’CLOCK A. M. 
 
 Tlie Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Jerry Wallace, Rector of the Christ 
 Episcopal Church, of Springfield. 
 
 The Journal of Wednesday, February 1st, having been printed, and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The pending question at the hour of adjournment on February 2d, 
 being the consideration of section 6, of Proposal No. 366, the same was 
 again taken up. 
 
 Pending discussion, Mr. Cutting, rose to a question of personal 
 privilege and offered the following protest, which was received and 
 ordered incorporated in the Journal of the Convention, to-wit: 
 
 On February 3d there appeared in the daily newspapers a statement 
 purporting to have been prepared by Mr. F. Scott McBride, Superintendent 
 of the Anti-Saloon League of Illinois, and reading in part as follows: 
 
 “The Anti-Saloon League is just beginning to fight in the Constitutional 
 Convention.” 
 
 “The wets and other doubtful interests now have forced us to go into 
 the open in this fight in behalf of good government. A big majority of the 
 members of the Constitutional Convention—many of them from Cook County 
 —have been elected with the aid and support of the Anti-Saloon League, but 
 these special interests have whipped all of the Cook County men into line 
 in opposition to the county representation plan.” 
 
 “If the limitation in both Houses is defeated, it will mean that the 
 wets and other doubtful interests of the State of Illinois have written for the 
 people the draft of the new Constitution.” 
 
 “Better a thousand times have no new Constitution than one that will 
 put the State of Illinois on its knees before the corrupt interests. The 
 methods used by these same forces to defeat county representation are an 
 example of what would happen to the State if a majority were given in 
 either House.” 
 
 With sincere regret that Mr. McBride should assume to issue so in¬ 
 temperate and unwarranted a statement on behalf of a League with whose 
 true purpose and proper function we are in hearty sympathy, the under¬ 
 signed members of the Constitutional Convention from Cook County, elected 
 with the approval of the Anti-Saloon League (although, of course, unpledged 
 as to any specific action) are constrained, in justice to our colleagues in the 
 Convention and to the State itself, to ask as a matter of personal privilege, 
 that this statement and protest be spread upon the records of tins Convention. 
 
 As representing our constituencies (both local and State-wide) we have 
 insisted—differing from many in our own county, who have thought that 
 if possible there should be no limitation upon our representation—that the 
 House of Representatives should be a popular house, and have been unwilling 
 to sacrifice the principle of the rule of the majority to any special interest 
 whatever. This matter has to do entirely with the organization of the 
 General Assembly, which controls all matters of legislation and not alone 
 those relating to the liquor traffic. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 489 
 
 What does Mr. McBride mean by the phrase, “just beginning to fight 
 in the Constitutional Convention”, and by “going into the open in this fight”? 
 
 Does he mean that he is going to use the funds contributed to the Anti- 
 Saloon League for the purpose of securing enforcement of the prohibition 
 laws, in a campaign to defeat the new Constitution at the polls, if it does 
 not contain county representation and does not limit Cook County in both 
 branches of the General Assembly? 
 
 Does he mean that he is going to use these funds, thus contributed, in 
 an effort to defeat for office men, known to be “drys” and staunch champions 
 of moral legislation, who may happen to be candidates for public office, 
 merely because they have disagreed with his personal views on this question 
 of limiting representation? 
 
 When he says, “better a thousand times have no new Constitution, etc.,” 
 does he signify, not only that Anti-Saloon funds will be diverted from the 
 vital and desirable purpose of law enforcement for which they were given, 
 but also that he will favor and urge a continued violation of the present 
 Constitution (which will remain in force, if the new document is defeated) 
 in the matter of legislative apportionment? We protest that our demands 
 for enforcement of the Federal Constitution would be weakened, should our 
 natural allies thus demand simultaneously a violation of the State Con¬ 
 stitution. 
 
 Does Mr. McBride seriously suggest that we, or any other members of 
 this Convention, who had Anti-Saloon League endorsement have been sub¬ 
 ject to “w'et” influences in this matter? 
 
 What are the “other doubtful interests” to which he refers in the same 
 connection? 
 
 Do they include, the Chicago Bar Association, the City Club, the Citizens’ 
 Association, the Chicago Woman’s Club, the Woman’s City Club, the Chicago 
 Rotary Club, the Chicago Association of Commerce and the many other 
 civic organizations, which have disagreed with Mr. McBride? Do they 
 include, the Rev. Herbert L. Willett, formerly President of the Chicago 
 Church Federation, now Vice-Chairman of the Citizens’ Committee for Pro¬ 
 portional Representation; numerous other ministers of the gospel, and the 
 Presbytery of Chicago—all of these having publicly taken an issue with Mr. 
 McBride’s theories of representation? 
 
 Mr. McBride’s grievance seems to be particularly directed to the Cook 
 County delegates who received the aid and support of the Anti-Saloon 
 League, and yet. a large number of the delegates representing down-State 
 constituencies were opposed to the plan which he favors and were without 
 the embarrassment which any delegate from Cook County would have in 
 voting away political rights heretofore always legally in the possession of 
 his own constituents. 
 
 The plain implication of this statement is that the “big majority of 
 the members of the Convention” who received the support of the League or 
 its members at the election, owe a debt which can be satisfied only by a 
 surrender of their judgments with respect to the most important measure 
 before the Convention, to-wit: the one involving the fundamental question 
 of political equality. 
 
 We respectfully submit that the “big majority of the members of the 
 Convention” whether from Cook County or from down-State and whether 
 supported by Mr. McBride or not, are under no obligation to surrender their 
 judgments in advance to any person or organization, and that the assump¬ 
 tion that they are under such an obligation is an assertion of the right 
 to boss the Convention, and ought to be recognized as such. And if bossism 
 is a vice of our political life, it has no exception which would permit the 
 Anti-Saloon League to practice it, especially in a field so far removed from 
 its proper sphere as this is recognized to be, both by lay and clerical sup¬ 
 porters of the Anti-Saloon League’s cause. 
 
 We therefore, most earnestly protest, in justice to our colleagues in 
 the Convention and their disinterested efforts for the public good, against 
 this threat of domination by an outside influence. 
 
400 
 
 JOURNAL OF THE 
 
 [Feb. 7 , 
 
 We specifically deny each and all of Mr. McBride’s implied charges and 
 insinuations, knowing them to be untrue as to ourselves and believing them 
 to be just as untrue of every other member of this Convention. 
 Respectfully submitted, 
 
 (Signed) Wm. H. Beckman, 
 Rufus C. Dawes, 
 Charles S. Cutting, 
 Morton D. Hull, 
 George A. Dijpuy, 
 Douglas Sutherland. 
 
 At the hour of 12:35 o’clock p. m., Mr. Hamill moved that the 
 Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 oTlock p. m. 
 
 The hour of 2:00 o’clock p. m. having arrived the Convention 
 resumed its session. 
 
 The President presiding. 
 
 Special Order. 
 
 The Convention proceeding on the special order of the day, being 
 the motion to reconsider the vote by which section 7 of Proposal Xo. 
 366 was lost, the same was taken up. 
 
 Whereupon Mr. Barr moved that further consideration of said 
 motion be postponed and made a special order for 5 :00 o’clock p. m., 
 of this day. 
 
 And the motion prevailed. 
 
 At the hour of 2:10 o’clock p. m., Mr. Barr moved that the Con¬ 
 vention do now take a recess until 4:00 o’clock p. m. 
 
 And the motion prevailed. 
 
 4:00 o’Clock p. m. 
 
 The hour of 4:00 o’clock p. m. having arrived the Convention 
 resumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the 
 consideration of section 6, of Proposal Xo. 366, the same was again 
 taken up. 
 
 Whereupon Mr. Barr offered the following substitute for section 6, 
 and moved its adoption: 
 
 Section 6. The General Assembly shall apportion the State at any 
 session which may be then pending or, if none, then at its first session 
 following the adoption of this Constitution and in the year 1933 and every 
 twelve (12) years thereafter, into fifty-seven (57) senatorial districts, each 
 of which shall elect one Senator whose term of office shall be four (4) years 
 and the basis of senatorial apportionment shall be the number of voters wffio 
 voted for Governor at the last regular election at which a Governor was 
 elected previous to the apportionment. 
 
 The territory now constituting the County of Cook shall be divided by 
 the General Assembly into nineteen (19) senatorial districts and the number 
 of such voters in that territory shall be divided by the number nineteen (19) 
 and the quotient shall be the ratio of representation in the Senate for that 
 territory. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 491 
 
 The territory now constituting the remainder of the State shall be 
 divided by the General Assembly into thirty-eight (38) senatorial districts 
 and the number of such voters in that territory shall be divided by the 
 number thirty-eight (38) and the quotient shall be the ratio of representa¬ 
 tion in the Senate for that territory. 
 
 When a county contains two (2) or more ratios of its territory it shall 
 be divided by the General Assembly into as many senatorial districts as- it 
 has such ratios. Districts in counties so divided shall be bounded by precinct 
 or ward lines, or both, all other senatorial districts shall be bounded by 
 county lines. 
 
 All senatorial districts shall be formed of compact and contiguous terri¬ 
 tory and the districts in each territory shall contain as nearly as practicable 
 an equal number of such voters, but in no case less than four-fifths (%) of 
 the ratio for that territory. 
 
 Senators shall be so elected that the term of those now in office shall 
 not be disturbed. Senators shall be divided into two classes so that one-half 
 as nearly as practicable shall be chosen biennially. 
 
 The question being on the adoption of the substitute, a call of the 
 
 roll was had, 
 
 resulting as 
 
 follows: Yeas, 
 
 81; nays, 1. 
 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Shanahan 
 
 Adamkiewicz 
 
 Dietz 
 
 Hamill 
 
 Meinert 
 
 Shaw 
 
 Barr 
 
 Dryer 
 
 Hogan 
 
 Michal 
 
 Shuey 
 
 Beckman 
 
 Dunlap 
 
 Hollenbeck 
 
 Mighell 
 
 Six 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Hull 
 
 Mills 
 
 Smith 
 
 Brenholt 
 
 Biting 
 
 Ireland 
 
 Moore 
 
 Sneed 
 
 Brewster 
 
 Fifer 
 
 Jack 
 
 Nichols 
 
 Sutherland 
 
 Cary, C. D. 
 
 Frole 
 
 Jarman 
 
 O’Brien 
 
 Taff 
 
 Carl strom 
 
 Fyke 
 
 Johnson, L. C. 
 
 Paddock 
 
 Tebbens 
 
 Catron 
 
 Gale 
 
 Johnson, W. A. 
 
 Parker 
 
 Torrance 
 
 Chew 
 
 Ganschow 
 
 Kerrick 
 
 Pincus 
 
 Traeger 
 
 Clarke 
 
 Garrett 
 
 Kunde 
 
 Pinnell 
 
 Trautmann 
 
 Coolley 
 
 Gee 
 
 Latchford 
 
 Quinn 
 
 Warren 
 
 Corlett 
 
 Gilbert 
 
 Lill 
 
 Rinaker 
 
 Wilson 
 
 Cruden 
 
 Goodyear 
 
 Lindly 
 
 Rosenberg 
 
 Wolff 
 
 Cutting 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Scanlan 
 
 Mr. President 
 
 Yeas—81 
 
 Those voting in the negative are: Mr. 
 
 Morris 
 
 Nays—1 
 
 The substitute for section 6, of Proposal No. 366, having received 
 the votes of a majority of the Delegates elected, was declared passed and, 
 under the rules, was re-referred to the Committee on Phraseology and 
 Style for action as provided by Pule 20. 
 
 Upon request of their colleagues, Delegates Wall, Tanner, Whitman. 
 Mack, la.russi, Stahl, Pearce and Miller were excused on account of ill¬ 
 ness. 
 
 Special Order. 
 
 The Convention againg proceeding on the special order set for this 
 hour, the same was taken up. 
 
 And the question being on the motion of Mr. Barr to reconsider the 
 vote by which section 7 , of Proposal No. 366, was lost. 
 
 It was decided in the affirmative. 
 
 Mr. Gale thereupon offered the following substitute for section 7 , 
 and moved its adoption: 
 
 Section 7. The General Assembly whenever the State shall be appor¬ 
 tioned into senatorial districts, shall apportion the State into 153 repre¬ 
 sentative districts each of which shall elect one representative whose term of 
 office shall be two years and the basis of representative apportionment shall 
 be the number of voters who voted for Governor at the last regular election, 
 
492 
 
 JOURNAL OF THE 
 
 [Feb. 7, 
 
 ?L7^? G r e l™ was elected previous to the apportionment. Represen- 
 tatn e districts shall be formed of contiguous and compact territory bounded 
 county lines and contain as nearly as practicable an equal number of 
 motels but no district shall contain less than four-fifths (¥=•) of the reDre- 
 sentative ratio. J y e 
 
 v ^ Cc !^ n V® s contain ing not less than the ratio and three-fourths {%) shall 
 be divided into separate districts and shall be entitled to two representatives 
 and to one additional representative for each number of such voters equal to 
 he ratio contained by said counties in excess of twice the number of said 
 and ellch separate districts shall be formed of compact and contiguous 
 erntcrj, bounded by township, ward or precinct lines and containing as 
 nearly as practicable an equal number of such voters, but in no case less 
 than four-fifths (%) of the ratio. 
 
 Pending consideration, Mr. Quinn offered the following amendment 
 to the substitute, and moved its adoption: 
 
 . ^ le substitute by striking out all of the same after the 
 voids Section V 3 and inserting the following: 
 
 Amendment No. 1. 
 
 At the same time that the senatorial apportionment is made the State 
 shall be apportioned into fifty-one representative districts, each to contain, 
 as nearly as practicable that number of voters, as may be equal to the total 
 number of votes divided by fifty-one cast for the office of Governor at the 
 last regular election at which a Governor was elected previous to the time 
 of such apportionment. 
 
 From each of such districts three members shall be elected to the House 
 of Representatives for the term of two years. Such districts shall be formed 
 of compact and contiguous territory bounded by county lines, where the 
 whole of one or more counties form such a district and by ward or precinct 
 lines where one county shall contain more than one such district. 
 
 The General Assembly shall provide by appropriate legislation that more 
 than two members of the House of Representatives, for any district, may 
 not be elected from the same political party, or group of petitioners or 
 nominators. 
 
 The Legislature shall also provide that no political party or group of 
 petitioners or nominators in any district shall be allowed to make any 
 nominations for members in the House of Representatives unless it shall 
 nominate as many candidates as the district, for which such nominations 
 are made, is entitled to elect to the House of Representatives. 
 
 The question being on the adoption of the amendment offered by 
 Mr. Quinn, on demand of five Delegates a call of the roll was had. re¬ 
 sulting as follows: Yeas, 21; nays, 58. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adamkiewicz 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 FTole 
 
 Fyke 
 
 Ganschow 
 
 Kunde 
 
 Latchford 
 
 McEwen 
 
 Michal 
 
 O’Brien 
 
 Quinn 
 
 Those voting in the negative are: 
 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 
 Rinaker 
 
 Rosenberg 1 
 
 Shanahan 
 
 Stx 
 
 Messrs. 
 
 Sneed 
 
 Sutherland 
 
 Tebbens 
 
 Traeger 
 
 Yeas—21. 
 
 Cruden 
 
 Gray 
 
 Lill 
 
 Pinnell 
 
 Cutting 
 
 Green 
 
 Lindly 
 
 Shaw 
 
 Dryer 
 
 Hamill 
 
 McGuire 
 
 Shuey 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Taff 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Torrance 
 
 Fifer 
 
 Ireland 
 
 Moore 
 
 Trautmann 
 
 Gale 
 
 Jack 
 
 Morris 
 
 Warren 
 
 Garrett 
 
 Jarman 
 
 Nichols 
 
 Wilson 
 
 Gee 
 
 Johnson, L. C. 
 
 Paddock 
 
 Wolff 
 
 Gilbert 
 
 Goodyear 
 
 Johnson, W. A. 
 Kerrick 
 
 Parker 
 
 Mr. President 
 Nays—58 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 493 
 
 Ancl the amendment was lost. 
 
 Mr. Jarman offered the following amendment to the substitute and 
 moved its adoption: 
 
 Amendment No. 2. 
 
 Amend 
 
 the substitute by adding at the end thereof the 
 
 following: “but 
 
 no county 
 
 or territory thereof as now organized, shall have more than 
 
 seventy-six 
 
 (76) members of the House of Representatives.’ 
 
 y 
 
 The question being on the adoption 
 
 of the amendment offered by 
 
 Mr. Jarman, on demand of five Delegates 
 
 a call of the roll was had, re- 
 
 suiting as 
 
 follows: Yeas, 
 
 37; nays, 43. 
 
 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dunlap 
 
 Hollenbeck 
 
 Lindly 
 
 Pinnell 
 
 Barr 
 
 Biting 
 
 Ireland 
 
 McGuire 
 
 Rinaker 
 
 Brandon 
 
 Fifer 
 
 Jack 
 
 Meinert 
 
 Shaw 
 
 Brewster 
 
 Gee 
 
 Jarman 
 
 Mighell 
 
 Shuey 
 
 Cary, C. D. 
 
 Gilbert 
 
 Johnson, L. C. 
 
 Mills 
 
 Six 
 
 Chew 
 
 Goodyear 
 
 Johnson, W. A. 
 
 Nichols 
 
 Smith 
 
 Coolley 
 
 Gray 
 
 Kerrick 
 
 Parker 
 
 Taff 
 
 Corlett 
 
 Hogan 
 
 
 
 Yeas—37. 
 
 Those voting in the negative are: Messrs. 
 
 
 Adamkiewicz Dawes 
 
 Green 
 
 Morris 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Hamill 
 
 O’Brien 
 
 Tebbens 
 
 Brenholt 
 
 Dryer 
 
 Hull 
 
 Paddock 
 
 Torrance 
 
 Carlstrom 
 
 Dupuy, G. A. 
 
 Kunde 
 
 Pincus 
 
 Traeger 
 
 Catron 
 
 Frole 
 
 Latchford 
 
 Quinn 
 
 Trautmann 
 
 Clarke 
 
 Fyke 
 
 Lill 
 
 Rosenberg 
 
 Wilson 
 
 Cruden 
 
 Gale 
 
 McEwen 
 
 Shanahan 
 
 Wolff 
 
 Cutting 
 
 Ganschow 
 
 Michal 
 
 Sneed 
 
 Mr. President 
 
 Davis 
 
 Garrett 
 
 Moore 
 
 
 Nays—43. 
 
 And the amendment 
 
 was lost. 
 
 
 
 The question recurring on the adoption of the substitute for section 
 7, a call of the roll was had, resulting as follows: Yeas, 76; nays, 6. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 y s %/ y 
 
 Adams 
 
 Davis 
 
 Hamill 
 
 Michal 
 
 Shaw 
 
 Adamkiewicz 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Shuey 
 
 Barr 
 
 Dietz 
 
 Hollenbeck 
 
 Moore 
 
 Six 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Morris 
 
 Smith 
 
 Brandon 
 
 Dunlap 
 
 Ireland 
 
 Nichols 
 
 Sneed 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jack 
 
 O’Brien 
 
 Sutherland 
 
 Brewster 
 
 Fifer 
 
 Johnson, L. C. 
 
 Paddock 
 
 Tebbens 
 
 Cary, C. D. 
 
 Frole 
 
 Kerrick 
 
 Parker 
 
 Torrance 
 
 Carlstrom 
 
 Fyke 
 
 Kunde 
 
 Pincus 
 
 Traeger 
 
 Catron 
 
 Gale 
 
 Batchford 
 
 Pinnell 
 
 Trautmann 
 
 Chew 
 
 Ganschow 
 
 Lill 
 
 Quinn 
 
 Warren 
 
 Clarke 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Wilson 
 
 Coolley 
 
 Gilbert 
 
 McEwen 
 
 Rosenberg 
 
 Wolff 
 
 Corlett 
 
 Goodyear 
 
 McGuire 
 
 Scanlan 
 
 Mr. President 
 
 Cruden 
 
 Gray 
 
 Meinert 
 
 Shanahan 
 
 Yeas—76. 
 
 Cutting 
 
 Green 
 
 
 
 
 Those voting in the negative are: Messrs. 
 
 Elting Jarman Johnson, W. A. Mighell Taft 
 
 Gee Nays—6. 
 
 The substitute for section 7, of Proposal Yo. 366, having received 
 the votes of a majority of the Delegates elected, was declared passed and, 
 under the rules, was re-referred to the Committee on Phraseology and 
 Style for action as provided by Rule 20. 
 
 At the hour of 7:10 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
494 
 
 JOURNAL OR THE 
 
 [Feb. 8, 
 
 WEDNESDAY, FEBRUARY 8, 1922, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Jerry Wallace, Rector of the Christ 
 Episcopal Church, of Springfield. 
 
 The Journal of Thursday, February 2d, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the following 
 report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Report. 
 
 Your Committee on Rules and Procedure recommends that Sections 1, 
 2, 3 and 4 of Report No. 11, from the Committee on Phraseology and Style, 
 now pending on second reading, be made a special order for Wednesday, 
 February 8, 1922, and each succeeding convention day thereafter until dis¬ 
 position thereof on second reading, said sections to be considered together 
 and to be voted upon separately and in the order above named. 
 
 The question being on the adoption of the report of the committee. 
 
 It was decided in the affirmative. 
 
 Special Order. 
 
 The Convention proceeding on the special order of the day, sections 
 1, 2, 3 and 4 of Proposal No. 378, as amended by the report of the Com¬ 
 mittee on Phraseology and Style, submitted to the Convention on Sep¬ 
 tember 6, 1921, was taken up on the order of second reading and read at 
 large. 
 
 Pending consideration, at the hour of 12:30 o’clock p. m., Mr. 
 Hamill moved that the Convention do now take a recess until 2 :00 o’clock 
 p. m. 
 
 And the motion prevailed. 
 
 2:00 o’Clock P. M. 
 
 The hour of 2 :00 o’clock p. m., having arrived the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The pending question, at the hour of taking a recess, being the 
 motion to adopt sections 1, 2, 3 and 4 of Proposal No. 378, the same 
 were againg taken up. 
 
 Y hereupon Mr. Gale offered the following* substitute for section 1, 
 and moved its adoption : 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 495 
 
 Section 1. The power of taxation shall never be surrendered, suspended 
 nor contracted away. Taxes shall be levied and collected only under general 
 laws and for public purposes. No income taxes shall be levied, except at a 
 uniform rate with exemption of not less than five hundred dollars ($500.00) 
 nor more than two thousand dollars ($2,000.00) of annual income to any 
 one person or corporation. 
 
 Pending consideration, Mr. Hamid offered the following amendment 
 to the substitute and moved its adoption: 
 
 Amendment No. 1. 
 
 Amend the substitute by striking out the w’ords “less than five hundred 
 dollars ($500.00) nor.” 
 
 * And the amendment was adopted. 
 
 Mr. Nichols offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 2. 
 
 Amend the substitute by adding the word “no” before, and the word 
 “therefrom” after the word “exemption” and by striking out all of the sub¬ 
 stitute after the word “exemption”. 
 
 The question being on the adoption of the amendment offered by 
 Mr. Nichols, on demand of five Delegates, a call of the roll was had, 
 resulting as follows: Yeas, 15; nays, 36. 
 
 Those voting in the affirmative are: Messrs. 
 
 Cary, C. D. Ireland Nichols Smith Wilson 
 
 Clarke Johnson, D. C. Rinaker Torrance Woodward 
 
 Green Morris Shanahan Warren Yeas—15. 
 
 Hollenbeck 
 
 Those voting in the negative are: 
 
 Adams 
 
 Barr 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Coolley 
 
 Dawes 
 Dunlap 
 Dupuy, G. A, 
 Gale 
 
 Goodyear 
 
 Gorman 
 
 Gray 
 
 Hamill 
 
 Hogan 
 
 Hull 
 
 Jack 
 
 Jarman 
 
 Johnson, W. A. 
 
 Kerrick 
 
 And the amendment was lost. 
 
 Messrs. 
 
 Lindly 
 
 McGuire 
 
 Meinert 
 
 Mig'hell 
 
 Mills 
 
 Moore 
 
 Scanlan 
 
 Shaw 
 
 Six 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Trautmann 
 Mr. President 
 
 Nays—36. 
 
 At the hour of 5:15 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn until 9:00 a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
496 
 
 JOURNAL OF THE 
 
 [Feb. 9, 
 
 THURSDAY, FEBRUARY 9, 1922, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. . 
 
 Prayer was offered by the Rev. Jerry Wallace, Rector of the Christ 
 
 Episcopal Church, of Springfield. _ . 
 
 The Journal of Tuesday, February 7th, having been printed, and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The pending question at the hour of adjournment on yesterday, 
 being the consideration of the substitute for section 1, of Proposal Xo. 
 378, offered by Mr. Gale, the same was again taken up. 
 
 " Whereupon Mr. Sutherland offered the following amendment and 
 
 moved its adoption: 
 
 Amendment No. 3. 
 
 Amend the substitute by striking out the words and figures “ tw ° 
 sand dollars ($2,000.00)” in line 7 and substituting therefor the words and 
 figures “fifteen hundred dollars ($1,500.00)”. 
 
 And the amendment was lost. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 4. 
 
 Amend the substitute by striking out the words and figures Jwoth 
 sand dollars ($2,000.00)” in line 7 and substituting therefor the words and 
 figures “one thousand dollars ($1,000.00)”. 
 
 And the question being on the adoption of the amendment, a di¬ 
 vision of the Convention was had, resulting as follows: Yeas, 18, 
 
 nays, 24. 
 
 And the amendment was lost. 
 
 Mr. Sutherland offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 5. 
 
 Amend the substitute by striking out all after the word and figure 
 
 “Section 1” and inserting in lieu thereof the following: 
 
 “The power to taxation shall never he surrendered, suspended or con¬ 
 tracted away. Taxes shall be levied and collected only under general laws 
 and for public purposes. The burdens of taxation shall be so distributed that 
 every person and corporation shall pay his, her or its proportionate share 
 of the expenses of government.” 
 
 And the amendment was lost. 
 
1922. J 
 
 CONSTITUTIONAL CONVENTION. 
 
 497 
 
 Mr. Brandon offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 6. 
 
 Amend the substitute by striking out all after the word “purposes” in 
 
 “If 6 an a mcome U tax D belevied 0 at n ! graduated and progressive rate the 
 hnct rntp chall not exceed four times the lowest rate (and no exemption 
 
 of g more than $1 000.00 of annual income shall he allowed to any one Person 
 ot more tnan * ’ V h f he levied at a uniform rate there shall be no 
 
 exempUon Iherefrom of more than $2,000.00 of annual income to any one 
 
 person or corporation.” , 
 
 Pending consideration, at the hour of 11:16 o’clock a. m., Mr. Gale 
 
 moved that the Convention do now adjourn until Tuesday, February 14, 
 
 1922, at 10 :00 o'clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
 —32 C J 
 
498 
 
 JOURNAL OF THE 
 
 [Feb. 14, 
 
 TUESDAY, FEBRUARY 14, 1922, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. John F. Yonckx, of the First Presby¬ 
 terian Church, of Ottawa. 
 
 The Journal of Wednesday, February 8tli, having been printed, and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The pending question at the hour of adjournment on February 9th, 
 being the consideraion of Amendment Yo. 6, offered by Mr. Brandon to 
 the substitute for section 1, of Proposal Yo. 378, offered by Mr. Dale, 
 the same was again taken up. 
 
 At the hour of 12 :00 o’clock noon, Mr. G-reen moved that the Con¬ 
 vention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o’Clock P. M. 
 
 The hour of 2 :00 o’clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of Amendment Yo. 6, offered by Mr. Brandon to the substitute 
 for section 1, of Proposal Yo. 378, offered by Mr. Gale, the same was 
 again taken up. 
 
 At the hour of 5:25 o'clock p. m., Mr. G-reen moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 499 
 
 WEDNESDAY, FEBRUARY 15, 1922, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. John F. Aonckx, of the First Presby¬ 
 terian Church, of Ottawa. 
 
 The Journal of Thursday, February 9th, having been printed, and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The pending question at the hour of adjournment on yesterday, 
 being the consideration of Amendment No. 6, offered by Mr. Brandon, 
 to the substitute for section 1, of Proposal No. 378, offered by Mr. Gale, 
 the same was again taken up. 
 
 At the hour of 11:00 o’clock a. nr., Mr. Gale moved that the Con¬ 
 vention do now take a recess until 2 :00 o’clock p. nr. 
 
 And the motion prevailed. 
 
 2 :00 o’Clock P. M. 
 
 The hour of 2 :00 o’clock p. nr., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President Presiding. 
 
 The pending question, at the hour of taking a recess being the con¬ 
 sideration of Amendment No. 6, offered by Mr. Brandon, to the substi¬ 
 tute for section 1, of Proposal No. 378, offered by Mr. Gale, the same 
 was again taken up. 
 
 And the question being on the adoption of Amendment JNo. 6 , to the 
 substitute for section 1. 
 
 It was decided in the negative. 
 
 The question recurring on the adoption of the substitute for section 
 1, as amended. 
 
 Mr. Green moved that the same be laid on the table. 
 
 And the question being on the motion to table, it was decided in the 
 affirmative. 
 
 Whereupon Mr. Clarke moved that section 1, of the report of the 
 Committee on Phraseology and Style, on Proposal No. 378, be adopted. 
 
 Pending consideration, Mr. Rinaker offered the following amend¬ 
 ment and moved its adoption: 
 
 Amendment No. 1. 
 
 Amend Section 1, by striking out the w'ord “or” after the word “sur¬ 
 rendered” and by adding after the word “suspended” the following “or 
 contracted away.” 
 
 And the amendment was adopted. 
 
 At the hour of 3 :30 o’clock p. m., Mr. Dunlap moved that the Con¬ 
 vention do now take a recess until 4:00 o’clock p. m. 
 
 And the the motion prevailed. 
 
5 00 
 
 JOURNAL OF THE 
 
 [Feb. 15, 
 
 4:00 o’Clock P. M. 
 
 The hour of 4:00 o’clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The pending question, at the hour of taking a recess, being the con¬ 
 sideration of the motion of Mr. Clarke that section 1, of the report of 
 the Committee on Phraseology and Style, on Proposal No. 378, be 
 adopted, the same was taken up. 
 
 Pending discussion, at the hour of 5 :05 o’clock p. m., Mr. Green 
 moved that the Convention do now resolve itself into a Committee of the 
 Whole for the purpose of considering revenue questions upon the follow¬ 
 ing propositions, to-wit: 
 
 (1) Shall the Constitution require the Legislature to provide for a 
 uniform rate if an income tax be levied. 
 
 (2) Shall exemptions be limited to income from personal services or 
 shall exemptions be allowed from incomes both from property and personal 
 services. 
 
 (3) Shall the Constitution forbid the General Assembly imposing an 
 advalorem tax upon property the income of which is taxed. 
 
 (4) Shall all exemptions from income taxes be forbidden. 
 
 (5) Shall the General Assembly be required, if it levies an income 
 tax, to fix the same rate upon incomes from property that are fixed upon 
 incomes from other sources. 
 
 (6) Shall the General Assembly be limited to providing revenue only 
 by a general property tax. 
 
 (7) Shall the Constitution forbid the General Assembly making any 
 form of classification of property for taxation. 
 
 Mr. Jarman moved as a substitute that the Convention resolve itself 
 into a Committee of the Whole for the purpose of considering the sub¬ 
 ject of revenue. 
 
 The question being on the substitute motion, a division of the Con¬ 
 vention was had, resulting as follows: Yeas, 24; nays, 32. 
 
 And the substitute was lost. 
 
 The question recurring on the motion of Mr. Green, it was decided 
 in the affirmative. 
 
 The President thereupon called Mr. Gale to the chair. 
 
 And at the hour of 5 :45 o’clock p. m., the Convention went into 
 Committee of the Whole for the purpose of considering the propositions 
 above set forth. 
 
 At the hour of 10:25 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Gale, from the Committee of the Whole, reported that the com¬ 
 mittee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 10 :30 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 501 
 
 THURSDAY, FEBRUARY 16, 1922, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Bev. John F. Vonckx, of the First Presby¬ 
 terian Church, of Ottawa. 
 
 The Journal of Tuesday, February 14th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 Mr. Fifer moved that when the Convention adjourns today, it stand 
 adjourned until Tuesday, February 21, 1922, at 10:00 o'clock a. m. 
 
 And the motion prevailed. 
 
 Mr. Gale moved that the Convention do now resolve itself into a 
 
 Committee of the Whole for the purpose of further considering’ revenue 
 questions. G 
 
 And the motion prevailed. 
 
 The President thereupon called Mr. Gale to the chair 
 
 And at the hour of 10:25 o'clock a. m, the Convention went into 
 Committee of the Whole. 
 
 At the hour of 12:22 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr Gale, from the Committee of the Whole, reported that the com- 
 mittee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in 
 
 ConviulGn 0 " 1 ' 0f P :3 ° °’ cl0ck P- m -’ Mr - Cutti "g ™ved that the 
 ' invention do now adjourn. 
 
 Mr. Lindlv moved as a substitute that the Convention do now take 
 a recess until 2 :00 o^ clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o'Clock P. M. 
 
 i he hour of 2:00 o'clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 • A r ', niovctl that a committee of seven Delegates be ao- 
 
 corn lal by ,t * , ’ re, "' dent ’ , to ad i ust the differences and to consider and 
 correlate into one concrete article the proposals and suggestions on 
 
 revenue, now before the Convention. - 011 
 
 And the motion prevailed. 
 
 1 The President thereupon appointed as such committee, Delegates 
 • a "inn, Chairman; 1,maker, Fifer, Hamill, Shanahan, Lindly and Taft. 
 
~02 JOURNAL OF the [Feb. 16, 
 
 At the hour of 2 :20 o’clock p. m., Mr. Green, moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And in accordance with the motion heretofore adopted, the Con¬ 
 vention stood adjourned until Tuesday, February 21, 1922, at 10.00 
 
 o’clock a. m. 
 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 503 
 
 TUESDAY, FEBRUARY 21, 1922, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Francis H. DeVol, of the First 
 Christian Church, of Washburn. 
 
 The Journal of Wednesday, February 15th, having been printed 
 and placed on the desks of the Delegates, as provided under the rules, 
 was taken up, and no corrections appearing, was ordered to stand 
 approved. 
 
 At the hour of 10:30 o’clock a. m., Mr. Jarman moved that the 
 Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o’Clock P. M. 
 
 The hour of 2:00 o’clock p. m., having arrived, the Convention 
 assumed its session. 
 
 The President presiding. 
 
 Mr. Gale, from the Committee of the Whole, further supplementing 
 his report made to the Convention, on Thursday, last, reported as fol¬ 
 lows : 
 
 The Committee of the Whole having under consideration the propositions 
 embodied in the motion pursuant to which the Convention was resolved into 
 Committee of the Whole, has considered four of the seven questions under 
 consideration. 
 
 In Committee of the Whole some of the questions and propositions were 
 modified and considered by the committee in modified form. 
 
 Proposition No. 1, was modified to read as follows: 
 
 “Shall the Revenue Article of the Constitution provide or require that 
 if a general income tax be levied on income from whatever source derived, 
 that the same be levied at uniform rate as distinguished from progressive 
 rate?” 
 
 On this question the affirmative votes were 22; and the negative votes 
 were 30. 
 
 The Committee on the Whole next considered question No. 4. 
 
 “Shall all exemptions from income taxes be forbidden?” 
 
 On this question the affirmative votes were 9, the negative votes 38. 
 
 The next question considered in the Committee of the Whole was ques¬ 
 tion No. 5, modified to read as follows: 
 
 “Shall the General Assembly be precluded from placing a different rate 
 upon income derived from property from that imposed upon income derived 
 from other sources?” 
 
 On this question the affirmative votes were 5, the negative votes 37. 
 
 The Committee of the Whole then considered question No. 2, which was 
 modified to read as follows: 
 
 “Shall exemptions from income taxes be limited to income from per¬ 
 sonal services, or shall exemptions be allowed from incomes both from 
 property and from personal services.” 
 
504 
 
 JOURNAL OF THE 
 
 [Feb. 21, 
 
 On motion the question was divided and vote taken on the first proposi¬ 
 tion embodied in the question. “Shall exemptions from income be limited 
 to income from personal services?” 
 
 On this question the affirmative votes were 26, the negative votes 19. 
 
 No action has been taken by the Committee of the Whole on the follow¬ 
 ing questions and propositions, namely: 
 
 (3) “Shall the Constitution forbid the General Assembly imposing an 
 advalorem tax upon property the income of which is taxed?” 
 
 (6) “Shall the General Assembly be limited to providing revenue only 
 by a general property tax?” 
 
 (7) “Shall the Constitution forbid the General Assembly making any 
 form of classification of property for taxation?” 
 
 The question being on the adoption of the foregoing supplemental 
 report, it was decided in the affirmative. 
 
 Mr. Jarman, from the Special Committee, heretofore appointed to 
 adjust the differences and consider and correlate into one concrete article 
 the proposals and suggestions on revenue, submitted the following re¬ 
 port and moved that the report be received by the Convention, and sub¬ 
 stituted for sections 1, 2, 3 and 4 of Report No. 11, of the Committee 
 on Phraseology and Style and all other pending motions or propositions 
 before the Convention concerning the subject matter of those four sec¬ 
 tions : 
 
 Committee Report. 
 
 Section 1. The power of taxation shall never be surrendered, suspended 
 -or contracted away. All taxes shall be levied and collected under general 
 law and for public purposes only. 
 
 Section 2. The General Assembly shall provide for the levy of taxes 
 upon property by valuation so that every person or 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. 
 
 Section 3. In lieu of any tax by valuation thereon the General Assembly 
 may provide a tax on all incomes derived from intangible property or any 
 kind or class thereof. Such income tax shall be uniform and substantial 
 and reasonably proportioned to the tax levied on property by valuation. 
 There shall be no exemptions from such income tax except as provided in 
 Section 8 of this Article. 
 
 Section 4. Taxes may be levied also on incomes; if the income tax be 
 graduated and progressive the highest rate shall not exceed three times the 
 lowest rate. No person shall have an exemption or deduction for living 
 expense of more than five hundred dollars from income derived from per¬ 
 sonal service or any exemption from income derived from any other source. 
 Taxes levied by valuation upon property in this State and paid shall be 
 deducted from the tax on income derived therefrom by the person or cor¬ 
 poration paying such property tax. 
 
 Section 5. Taxes may also be levied on privileges, franchises and occu¬ 
 pations uniform as to class. 
 
 Section 6. The above specifications of objects and subjects of taxation 
 shall not deprive the General Assembly of the power to require other objects 
 or subjects to be taxed in such manner as may be consistent with the prin¬ 
 ciples of taxation fixed in this Constitution. 
 
 Section 7. Taxes on incomes shall be levied and collected only by the 
 State but the revenue therefrom shall be distributed to the taxing bodies 
 as the General Assembly shall prescribe. 
 
 Section 8. The following classes of property may be relieved from taxa¬ 
 tion by general law': (1) Public property; (2) household furniture used as 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 505 
 
 such up to five hundred dollars in value and (3) property and income used 
 exclusively for (a) agricultural and horticultural societies, (b) incorporated 
 societies of war veterans, (c) schools, (d) cemeteries not held or used for 
 private profit, and (e) charitable or religious purposes, including parsonages 
 owned and occupied as such. 
 
 Respectfully submitted by the special Committee on Revenue, on Sections 
 1, 2, 3 and 4. 
 
 (Signed) L. A. Jarman, Chairman; 
 Thomas Rinaker, 
 Charles H. Hamill, 
 Cicero J. Lindly, 
 
 David E. Shanahan, 
 
 A. E. Taff. 
 
 The question being on the adoption of the report of the Special 
 
 Committee. 
 
 It was decided in the affirmative. 
 
 And the report was placed before the Convention for its consider¬ 
 ation in lieu of sections 1, 2, 3 and 4 of Report No. 11, of the Committee 
 on Phraseology and Style. 
 
 Mr. Fifer, from the Special Committee, presented the following 
 individual report, for the information of the convention, to-wit: 
 
 I find myself unable to agree with the majority of the Special Com¬ 
 mittee appointed to consider and report on the Revenue Article of the Con,- 
 stitution for the reason that the majority report of said committee makes 
 no provision for the establishment of a tax rate to be levied on income 
 from intangible property but leaves the General Assembly free to fix what¬ 
 ever rate it may see fit. 
 
 It is conceded that intagible property has escaped taxation for the past 
 fifty years in violation of law, and, in my judgment, unless some limitation 
 is placed upon the General Assembly respecting the tax rate on intangible 
 property that species of property will in the future escape taxation under 
 the forms of law. It has been said that this convention cannot fix a pro¬ 
 portionate rate between tangible and intangible property that would be 
 equitable and just; to this contention I cannot agree. The Kerrick and 
 Coolley proposals both establish such relation. It is said, however, that 
 both of these proposals in this regard allow the General Assembly no lati¬ 
 tude and are too rigid. In answer to this objection I suggest a maximum 
 and minimum rate could be placed on income from intangible property that 
 will give the General Assembly sufficient latitude. 
 
 In respect to the other matters covered by the majority report of the 
 committee I have nothing to say in this minority report believing as I do 
 that if the question to which I refer is once settled all other matters can 
 be easily and quickly agreed to. 
 
 I have prepared and herewith submit a proposal attached to this report 
 which I believe will meet the requirements of the situation and respectfully 
 ask its adoption. 
 
 Respectfully submitted, 
 
 (Signed) Joseph W. Fifer. 
 
 Proposed Substitute for Sections 1 to 4 Inclusive, of Article 9, as Re¬ 
 ported by the Committees on Phraseology and Style. 
 
 The power of taxation shall never be surrendered, suspended or con¬ 
 tracted away. All taxes shall be levied and collected under general law' 
 and for public purposes only. The General Assembly shall provide for the 
 levy of taxes upon property by valuation so that every person or corpora¬ 
 tion shall pay a tax in proportion to the value of his or 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. Taxes may also be levied on privileges, franchises and occupa- 
 
506 
 
 JOURNAL OF THE 
 
 [Feb. 21, 
 
 tions, uniform as to class. The above specifications of the objects and sub¬ 
 jects of taxation shall not deprive the General Assembly of the power to 
 require other objects and subjects to be taxed in such manner as may be 
 consistent with the principles of taxation fixed in this constitution. 
 
 In lieu of any tax upon intangible property in proportion to its value, 
 the General Assembly may provide for a tax on all income derived from, 
 intangible property, in which case, if the tax be not graduated and progres¬ 
 sive, the rate of taxation shall be the same on all incomes derived from 
 intangible property and shall be not less than twelve nor more than sixteen 
 times as great as the rate of taxation on tangible property. Provision may 
 be made for a graduated and progressive income tax, in which case the 
 lowest rate shall not be less than ten nor more than fourteen times the 
 rate on tangible property. 
 
 The General Assembly shall also provide for a tax on all income derived 
 from sources other than tangible and intangible property, in which case the 
 rate of taxation shall be the same as the rate of taxation on intangible 
 property. 
 
 Income shall be assessed for taxation in the same proportion to its 
 value as tangible property is assessed for taxation. 
 
 In addition to such other exemptions as may be authorized in this 
 Article of the Constitution, the General Assembly may provide by general 
 law r for an exemption from taxation of income, and from taxation of prop¬ 
 erty in proportion to its value, in any amount not in excess of $500, provided 
 such exemption shall be uniform as to both such classes. 
 
 Taxes on income shall be levied and collected only by the State; and 
 the proceeds thereof in each county shall be apportioned between the State, 
 the county, and all taxing authorities within the county in the same ratio 
 as the proceeds of taxes on real estate in such county are apportioned. 
 
 (N. D.—This provision can be conveniently divided into tw 7 o or more 
 sections if such division be deemed advisable.) 
 
 Pending discussion, at the hour of 5 :25 o'clock p. m., Mr. Lindly 
 moved that the convention do now adjourn until 10:00 o'clock a. m., 
 tomorrow. 
 
 Mr. Miller moved to amend the motion to adjourn to read “9 :00 
 o'clock a. m.” 
 
 The question being on the adoption of the amendment, it was 
 decided in the affirmative. 
 
 The question recurring, on the motion of Mr. Lindly, as amended, 
 it tvas decided in the affirmative. 
 
 And the convention stood adjourned until 9:00 o’clock a. m., 
 tomorrow. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 507 
 
 WEDNESDAY, FEBRUARY 22, 1922, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Francis H. DeA ol, of the First 
 Christian Church, of Washburn. 
 
 The Journal of Thursday, February 16tli, having been printed, and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Your Committee on Rules and Procedure recommend that after the 
 
 5. 
 
 3. 
 
 9. 
 
 7. 
 
 disposition on second reading of sections 1, 2, 3 and 4 of Report No. 11, 
 of the Committee on Phraseology and Style, now under consideration, the 
 remaining sections, namely, sections 5, 6, 7, 8, 9, 10 and 11 of said Report 
 No. 11, be considered and disposed of on the order of second reading; that 
 following the disposition of said Report No. 11, the following reports of 
 the Committee on Phraseology and Style be considered and disposed of on 
 second reading in the following order: 
 
 Report No. 10. Preamble. 
 
 Boundaries. 
 
 Distribution of Power. 
 
 Bill of Rights. 
 
 Suffrage and Elections. 
 
 Legislative Department (except Secs. 6 and 7.) 
 Corporations. 
 
 Warehouses. 
 
 Land Credits. 
 
 Canals and Waterways. 
 
 Home Rule and Zoning. 
 
 Education. 
 
 Executive Department. 
 
 Judicial Department. 
 
 Counties. 
 
 Cook County. 
 
 Chicago and Cook County. 
 
 Your committee further recommends that the several reports of the 
 Committee on Phraseology and Style be read and acted upon by sections 
 and that a final vote on second reading be taken upon each section 
 separately. 
 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 12. 
 Report No. 6. 
 Report No 
 Report No 
 Report No. 13. 
 Report No. 15. 
 Report No. 
 Report No. 
 Report No. 18. 
 Report No. 17. 
 Report No. 16. 
 Report No. 8. 
 
 2 . 
 
 14. 
 
 4. 
 
 19. 
 
 The question being on the adoption of the report of the committee. 
 It was decided in the affirmative. 
 
 Mr. Jarman raised the point of no quorum, and thereupon a call 
 of the Convention was had, resulting as follows: Present, 63. 
 
508 
 
 JOURNAL OF THE 
 
 [Feb. 22, 
 
 Those answering present: Messrs. 
 
 Dryer Hamill Miller 
 
 Dunlap Hogan Mills 
 
 Dupuy, G. A. Hollenbeck Moore 
 
 Biting Hull Nichols 
 
 Fifer Ireland O’Brien 
 
 Fyke Jack Paddock 
 
 Gale Jarman Pincus 
 
 Garrett Johnson, W. A. Pinnell 
 
 Gee Kerrick Quinn 
 
 Gilbert Lindly Rinaker 
 
 Goodyear Mack Rosenberg 
 
 Gray McGuire Scanian 
 
 Green 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Clarke 
 Coolley 
 Dawes 
 Dietz 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 Taff 
 Todd 
 Torrance 
 Traeger 
 Trautmann 
 Wilson 
 Mr. President 
 Present—63. 
 
 _ Mighell 
 
 The President announced that a quorum of the Convention was 
 present. 
 
 Upon request of his colleague, Mr. C. 1). Carey was excused from 
 attendance at the Convention on account of sickness. 
 
 The pending question at the hour of adjournment on yesterday, 
 being the consideration of the report of the Special Committee on Pe\e- 
 nue, the same was again taken up and read at large. 
 
 And the question being on the adoption of section 1, a call of the 
 roll was had, resulting as follows: Yea: 
 
 Those voting in the affirmative are: 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Clarke 
 Coolley 
 Dawes 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. 
 
 Biting 
 
 Fifer 
 
 Gale 
 
 Gee 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Kogan 
 
 Hollenbeck 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Lindly 
 
 Mack 
 
 McGuire 
 
 Mighell 
 
 ;, do j nays, 
 Messrs, 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 0 . 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Wilson 
 
 Mr. President 
 
 Yeas—55. 
 Nays—0. 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 The question then being on the adoption of section 2, a call of the 
 roll was had, resulting as follows: Yeas, 54; nays, 2. 
 
 Messrs. 
 
 Those voting in the affirmative are: 
 
 Adams Dietz 
 
 Adamkiewicz Dunlap 
 Barr Dupuy, G. A. 
 
 Beckman Elting 
 
 Brandon Fifer 
 
 Brenholt Gee 
 
 Brewster Gilbert 
 
 Carlstrom Goodyear 
 
 Clarke Gray 
 
 Coolley Green 
 
 Dawes Hamill 
 
 Tho 
 
 se 
 
 Gale 
 
 Kogan Miller 
 
 Hollenbeck Mills 
 
 Hull Moore 
 
 Jack Nichols 
 
 Jarman O’Brien 
 
 Johnson, W. A. Paddock 
 Kerrick Pinnell 
 
 Lindly Quinn 
 
 Mack Rinaker 
 
 McGuire Rosenberg 
 
 Mighell Shanahan 
 
 voting in the negative are: Messrs. 
 
 © O 
 
 Ireland 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Mr. President 
 
 Yeas—54. 
 
 Nays—2. 
 
 Section 2, having received- the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 Mr. Sutherland gave notice that on the next Convention Day, he 
 would move to reconsider the vote by which section 2, was adopted. 
 
 The question then being on the adoption of section 3. 
 
 Mr. Kerrick offered the following amendment and moved its adop¬ 
 tion : 
 
 9 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 509 
 
 Amendment No. 1. 
 
 Amend section 3 by striking out after the word “and” first occurring 
 
 J? l ne . 4 of f aid sec tion, the words “substantial and reasonably” and 
 insert in lieu thereof the word “substantially.” y 
 
 The question being on the adoption of the amendment, a division 
 was had > resulting as follows : Yeas, 18; nays, 35. 
 
 And the amendment was lost. 
 
 Convent!*™ °e A * 0 °’ Clock P ‘ m '> Mr - Ja ™an moved that the 
 
 convention do now take a recess until 2:00 o’clock p. ni. 
 
 And the motion prevailed. 
 
 2 :00 o’Clock P. M. 
 
 sumePt h ° Ur ° f 2 :0 ° °’ clock P- m -> having arrived, the Convention re- 
 sumed its session. 
 
 The President presiding. 
 
 finn P!Jf- ndU i g , q , uestion at the hour of taking a recess being the adop- 
 t on oi section 3, the same was again taken np. 
 
 adoptiln ereUP ° n Mr ' ° ee ° fferecl the followin g amendment and moved its 
 
 Amendment No. 2. 
 
 “an/p a sonaWy pkponionedko the teAevted on property by valuaUom” 
 And the amendment was adopted. 
 
 tion •" VJ ’ r ' Eltmg offered tlle following amendment and moved its adop- 
 
 -AMENDMENT No. 3. 
 
 following 1 -' 1 “Thi 0n GMerol St A? a l ng m Ut the last sentence thereof, and add the 
 proumv at a i»wp^ ® mWy may als0 tax income not derived from 
 
 ’ rates and taxes as required in section 2 of this article.” 
 
 And the amendment was lost. 
 
 a cal^of ft 1 th6 b b i eing T the ado P tiou section 3 as amended, 
 a call of the roll was had, resulting as follows: Yeas, 52; navs, 9. 
 
 those voting in the affirmative are: Messrs. 
 
 a Dawes 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Clarke 
 Coolley 
 
 Dunlap 
 
 Elting 
 
 Dietz 
 Dryer 
 
 Dupuy, G. A. 
 
 Fyke 
 Gale 
 Garrett 
 Gee 
 Gray 
 Green 
 Hamill 
 
 Those voting in the negative are: 
 
 Fifer 
 Gilbert 
 
 Hogan 
 Hollenbeck 
 Hull 
 Jack 
 Jarman 
 Johnson, W. A. 
 Lindly 
 Mack 
 McGuire 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Shanahan 
 
 -n* 
 Goodyear 
 Kerrick 
 
 Messrs. 
 
 Mighell 
 
 Scanlan 
 
 Shuey 
 
 Smith 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—52. 
 
 Stahl 
 
 Nays—9. 
 
510 
 
 JOURNAL OF THE 
 
 [Feb. 22 , 
 
 Section 3, having' received the votes of a majority of the Delegates 
 elected was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Rule .0. 
 The question then being on the adoption of section 4. 
 
 Mr. Einaker otfered the following amendment and moved its adop- 
 
 tion: 
 
 Amendment No. 4. 
 
 Amend section 4 by inserting after the word “state” in line 7, the 
 words “or in lieu thereof.” 
 
 And the amendment was adopted. . . 
 
 Mr. Miller offered the following amendment and moved its adoption . 
 
 Amendment No. 5. 
 
 ‘taxes” in line 1, and 
 
 Amend section 4, by striking out the word 
 inserting in lieu thereof the words a tax. . , 
 
 Pending consideration, Mr. Einaker offered the following as a sub¬ 
 stitute for Amendment No. 5 and moved its adoption: 
 
 on 
 
 tax may be levied also, on all incomes. 
 
 And the substitute for Amendment No. 5, was adopted. 
 
 Mr. Hamill offered the following amendment and moved its adol 
 
 tion: 
 
 Amendment No. 6. 
 
 Amend section 4, by changing the period after the word g SOince jw 
 line 6, to a comma. Strike out the last : sent ® Ceneral Assembly may 
 
 substitute in lieu thereof the following. taxes paid upon property 
 
 permit such deductions as shall compensate fortaxes paia ax up ld y in y lieu 
 from which the taxed income is derived, or for mcom P 
 
 of tax by valuation. 
 
 And the amendment was adopted. 0 a„n+inn • 
 
 Mr. Miller offered the following amendment and moved its adoption. 
 
 Amendment No. 7. 
 
 folio" “or" mlyhe^fed^r afinTomes ’from ’lersonM 
 services.” 
 
 And the amendment was lost. . , , vn , lV ..,i :i s 
 
 Mr. Sutherland offered the following amendment and moved 
 
 adoption: 
 
 Amendment No. 8. 
 
 Amend section 4, by inserting after the figure 4 the letter “A" and by 
 
 add B g ^32^ a^lfncOTnes'regardles^ofsource" 
 
 K2? ofpe n rsonai e 
 
 by raluftionbn’ the event that such a general income tax is established. 
 
CONSTITUTIONAL CONVENTION. 
 
 511 
 
 1922.] 
 
 but no such tax upon income shall be by graduated rates unless the 
 graduation shall be so limited that the highest rate shall not be greater 
 than three times the lowest rate. The General Assembly shall not fail to 
 provide such offsets or deductions as may be necessary to equitable adjust¬ 
 ment between taxes upon income and taxes upon property. There shall 
 be no exemption exceeding $1,000, of income to a taxpayer. 
 
 And the amendment was lost. 
 
 Mr. Dunlap offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 9. 
 
 ‘five hundred” 
 
 Amend section 4, by striking out in line 4, the words 
 inserting in lieu thereof the words one thousand. 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 4, &s amended. 
 
 Those voting in 
 
 the affirmative are 
 
 : Messrs. 
 
 Adams 
 
 Dietz 
 
 Hogan 
 
 Mills 
 
 Barr 
 
 Dryer 
 
 Hollenbeck 
 
 Moore 
 
 Beckman 
 
 Dupuy, i 
 
 G. A. Hull 
 
 Nichols 
 
 Brandon 
 
 Fyke 
 
 Ireland 
 
 O’Brien 
 
 Brenholt 
 
 Gale 
 
 Jack 
 
 Paddock 
 
 Brewster 
 
 Garrett 
 
 Jarman 
 
 Pinnell 
 
 Carlstrom 
 
 Gee 
 
 Johnson, W. A. 
 
 Quinn 
 
 Catron 
 
 Gilbert 
 
 Lindly 
 
 Rinaker 
 
 Clarke 
 
 Gray 
 
 Mack 
 
 Shanahan 
 
 Coolley 
 
 Green 
 
 McGuire 
 
 Shuey 
 
 Dawes 
 
 Hamill 
 
 Miller 
 
 
 Those 
 
 voting in 
 
 the negative are: 
 
 Messrs. 
 
 Adamkiewicz 
 
 Elting 
 
 Goodyear 
 
 Pincus 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taft 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—53. 
 
 Scanlan 
 
 Dunlap 
 
 Fifer 
 
 Nays—8. 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 At the hour of 5:50 o'clock p. m., Mr. Jarman moved that the 
 Convention do now take a recess until 8 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 8:00 o’Clock P. M. 
 
 The hour of 8:00 o’clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of the report of the Special Committee on Revenue, the same 
 was again taken up. 
 
 And the question being on the adoption of section 5, a call of the 
 roll was had, resulting as follows: Yeas, 54; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dryer 
 
 Hogan 
 
 Mills 
 
 Smith 
 
 Adamkiewicz 
 
 Dunlap 
 
 Hollenbeck 
 
 Moore 
 
 Stahl 
 
 Barr 
 
 Dupuy, G. A. 
 
 Hull 
 
 Nichols 
 
 Sutherland 
 
 Beckman 
 
 Kiting 
 
 Jack 
 
 O'Brien 
 
 Taff 
 
 Brandon 
 
 Gale 
 
 Jarman 
 
 Paddock 
 
 Todd 
 
 Brenholt 
 
 Garrett 
 
 Johnson, W. A. 
 
 Pincus 
 
 Torrance 
 
 Brewster 
 
 Gilbert 
 
 Lindly 
 
 Pinnell 
 
 Traeger 
 
 Catron 
 
 Goodyear 
 
 Mack 
 
 Quinn 
 
 Trautmann 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Rinaker 
 
 Wilson 
 
 Coolley 
 
 Green 
 
 Mighell 
 
 Scanlan 
 
 Mr. Preside 
 
 Dawes 
 
 Hamill 
 
 Miller 
 
 Shuey 
 
 Ye a S' 
 
 Nays—0. 
 
512 
 
 JOURNAL OF THE 
 
 22 
 
 
 Section 5, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 The question then being on the adoption of section 6, a call of the 
 roll was had, resulting as follows: Yeas, 55; nays, 0. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dunlap 
 
 Hollenbeck 
 
 Mills 
 
 Smith 
 
 Adamkiewicz 
 
 Dupuy, G. A. 
 
 Hull 
 
 Moore 
 
 Stahl 
 
 Barr 
 
 Elting 
 
 Jack 
 
 Nichols 
 
 Sutherland 
 
 Beckman 
 
 Gale 
 
 Jarman 
 
 O’Brien 
 
 Taff 
 
 Brandon 
 
 Garrett 
 
 Johnson, W. A. 
 
 Paddock 
 
 Todd 
 
 Brenholt 
 
 Gilbert 
 
 Kerrick 
 
 Pincus 
 
 Torrance 
 
 Brewster 
 
 Goodyear 
 
 Lindly 
 
 Pinnell 
 
 Traeger 
 
 Catron 
 
 Gray 
 
 Mack 
 
 Quinn 
 
 Trautmann 
 
 Clarke 
 
 Green 
 
 McGuire 
 
 Rinaker 
 
 Wilson 
 
 Coolley 
 
 Hamill 
 
 Mighell 
 
 Shanahan 
 
 Mr. President 
 
 Dawes 
 
 Dryer 
 
 Hogan 
 
 Miller 
 
 Shuey 
 
 Yeas—55 
 Nays—0 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 The question then being on the adoption of section 7. 
 
 Mr. O’Brien offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 10. 
 
 Amend section 7, by striking out all after the word and figure “section 
 7”* and inserting in lieu thereof the following: 
 
 “Taxes on income shall be levied and collected only by the State; and 
 the proceeds thereof in each county shall be divided between the State, 
 the county and all taxing authorities within the county in the same ratio 
 as the proceeds of taxes on real estate in such county are distributed. 
 
 Mr. Sutherland offered the following amendment to the amendment 
 and moved its adoption: 
 
 Amendment No. 1 to Amendment No. 10. 
 
 Amend the amendment by adding after the word “and” in line 2 the 
 words “after deducting cost of collection.” 
 
 And the amendment to the amendment was lost. 
 
 Mr. Kerrick offered the following amendment to the amendment and 
 moved its adoption : 
 
 Amendment No. 2 to Amendment No. 10. 
 
 Amend the amendment by striking out the words “taxes on real estate” 
 in line 6, and inserting in lieu thereof the words “a general tax.” 
 
 And the amendment to the amendment was lost. 
 
 Pending consideration, Mr. Sutherland moved that debate be now 
 closed and that the Convention proceed to vote. 
 
 And the motion prevailed. 
 
 The question then being on the adoption of Amendment Yo. 10, a 
 division of the Convention was had, resulting as follows: Yeas, 28; 
 nays, 35. 
 
 And the amendment was lost. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. ' 
 
 513 
 
 The question recurring on the adoption of section 7, a call of the 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dietz 
 
 Hogan 
 
 Mighell 
 
 Shuey 
 
 Barr 
 
 Dryer 
 
 Hollenbeck 
 
 Miller 
 
 Smith 
 
 Beckman 
 
 Dunlap 
 
 Hull 
 
 Mills 
 
 Stahl 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jack 
 
 Moore 
 
 Sutherland 
 
 Brenholt 
 
 Elting 
 
 Jarman 
 
 Nichols 
 
 Taff 
 
 Brewster 
 
 Gale 
 
 Johnson, W. A. 
 
 Paddock 
 
 Todd 
 
 Carlstrom 
 
 Garrett 
 
 Kerrick 
 
 Pinnell 
 
 Torrance 
 
 Catron 
 
 Gilbert 
 
 Lindly 
 
 Quinn 
 
 Trautmann 
 
 Clarke 
 
 Goodyear 
 
 Mack 
 
 Rinaker 
 
 Wilson 
 
 Coolley 
 
 Dawes 
 
 Gray 
 
 Hamill 
 
 McGuire 
 
 Shanahan 
 
 Mr. President 
 Yeas—52 
 
 Those voting in the negative are : Messrs. 
 
 Adamkiewicz O’Brien 
 
 Pincus 
 
 Traeger 
 
 Nays—4. 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Miller gave notice that on the next Convention Day, he would 
 move to reconsider the vote by which section 7, was adopted. 
 
 At the hour of 10 :45 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
 —33 C J 
 
514 
 
 JOURNAL OF TIIE * 
 
 [Feb. 23, 
 
 THURSDAY, FEBRUARY 23, 1922, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Francis H. DeVol, of the First 
 Christian Church, of Washburn. 
 
 The Journal of Tuesday, February 21st, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 Mr. Stahl moved to reconsider the vote by which section 4, of the 
 report of the Special Committee on Revenue, was adopted on yesterday 
 and that consideration of the motion to reconsider be postponed until the 
 next Convention day. 
 
 And the motion prevailed. 
 
 Mr. Sutherland, in accordance with his notice of yesterday, moved 
 to reconsider the vote by which section 2, of the report of the Special 
 Committee on Revenue, was adopted and that consideration of the mo¬ 
 tion to reconsider be postponed until the next Convention day. 
 
 And the motion prevailed. 
 
 Mr. Miller, in accordance with his notice of yesterday, moved to re¬ 
 consider the vote by which section 7, of the report of the Special Com¬ 
 mittee on Revenuee, was adopted and that consideration of the motion 
 to reconsider be postponed until the next Convention day. 
 
 And the motion prevailed. 
 
 The pending question at the hour of adjournment on yesterday, be¬ 
 ing the consideration of the report of the Special Committee on Revenue, 
 the same was again taken up. 
 
 And the question being on the adoption of section 8. 
 
 Mr. Clarke offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 11. 
 
 Amend section 8, by striking out after the word “cemeteries” in line 6, 
 the words “not held or used for private profit.” 
 
 And the amendment was lost. 
 
 Mr. Stahl offered the following amendment and moved its adoption: 
 
 Amendment No. 12. 
 
 Amend section 8, by inserting after the word “value” in line 3 the follow¬ 
 ing: “And, in the event that the general tax upon income authorized in 
 section 4, is imposed, household furniture and implements of agriculture, or 
 labor used as such without limit as to amount.” 
 
 Mr. Sutherland offered the following amendment to the amendment 
 
 and moved its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 515 
 
 Amendment No. 1 to Amendment No. 12. 
 
 Amend the amendment, by inserting after the word “labor” the words 
 “or profession.” - 
 
 And the amendment to the amendment was lost. 
 
 The question then being on the adoption of Amendment No. 12, 
 offered by Mr. Stahl, a division was had, resulting as follows: Yeas, 28; 
 nays, 20. 
 
 i/ / _ 
 
 And the amendment was adopted. 
 
 Mr. Traeger offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 13. 
 
 Amend section 8, by striking out in line 8, the words five hundred 
 dollars” and inserting in lieu thereof the words “one thousand dollars.” 
 
 And the amendment was lost. 
 
 Mr. Lindly offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 14. 
 
 Amend section 8, by adding at the end thereof'the following: “E” mort¬ 
 gages to the amount of $6,000 where the money is used for the purpose of 
 building individual homes.” 
 
 Pending consideration, Mr. Coolley offered the following as a sub¬ 
 stitute for Amendment No. 11, and moved its adoption: 
 
 “Amend section 8, by adding at the end thereof the following: “the 
 amount of mortgage on an individual home to the amount of $6,000 be ex- 
 emptedfrom the value thereof for taxation.” 
 
 And the substitute for Amendment No. 14, was lost. 
 
 The question recurring on the adoption of Amendment No. 14. 
 
 It was decided in the negative. 
 
 Mr. Mills offered the following amendment and moved its adoption: 
 
 Amendment No. 15. 
 
 Amend section 8, by adding at the end of line 8, after the word “such” 
 the words “but all said real estate shall be subject to special assessment, or 
 to special taxation or both.” 
 
 Pending consideration, at the hour of 11:05 o’clock a. m., Mr. Jar¬ 
 man moved that the Convention do now adjourn until Tuesday, February 
 28, 1922, at 10 :00 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
516 
 
 JOURNAL OF THE 
 
 [Feb. 28, 
 
 TUESDAY, FEBRUARY 28, 1922, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. ... 
 
 Prayer was offered by the Rev. E. T. Carroll, of the First Methodis 
 
 Church, of Greenville. . . , , . 
 
 The Journal of Wednesday, February 22nd, having been printed and 
 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 The pending question at the hour of adjournment on Thursda), 
 February 23rd, being the consideration of Amendment No. 15, offered 
 by Mr. Mills, to section 8 of the report of the Special Committee on 
 
 Revenue, the same was again taken up. 
 
 Pending consideration, by unanimous consent, Mr. Mills, withdrew 
 
 Amendment No. 15. 
 
 Whereupon Mr. Miller offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 16. 
 
 Amend section 8 by striking out the words “and income” after the woid 
 “property” in line 4. 
 
 Mr. Sutherland offered the following as a substitute for Amendment 
 
 No. 16, and moved its adoption: 
 
 Amend section 8 by inserting after the word “and” and before the wo 
 “income” in line 4, a comma and the following words ‘ in the event o an 
 income tax as provided in section 4.” , , 
 
 Whereupon Mr. Green moved to lay the substitute on the table. 
 
 The question being on the motion to table, it was decided m the 
 
 The question recurring on the adoption of Amendment No. 16 a 
 division of the Convention was had, resulting as follows: Yeas, 3U, 
 
 nays, 20. 
 
 And the amendment was adopted. . , 
 
 Mr. Jarman offered the following amendment and moved its adop- 
 
 tion: 
 
 Amendment No. 17. 
 
 Amend section 8 by striking out in line 6, the following: “(c) Schools, 
 and Inserting after the letter “(e)” and before the word charitable m li 
 
 8, the word “school.” 
 
 And the amendment w T as adopted. ,, 
 
 At the hour of 12 :50 o’clock p. m., Mr. Jarman moved that the 
 
 Convention do now take a recess until 2 :00 o clock p. m. 
 
 And the motion prevailed. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 517 
 
 2:00 o’Clock P. M. 
 
 The hour of 2 :00 o’clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of section 8, of the report of the Special Committee on 
 Revenue, the same was again taken up. 
 
 Whereupon Mr. Jarman offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 18. 
 
 Amend section 8 by inserting in line 4 after the word “property” the 
 following: “and in the event that the general tax upon income authorized in 
 section 4 is imposed, income.” 
 
 The question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: Yeas, 17; nays, 22. 
 
 And the amendment was lost. 
 
 Mr. Catron offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 19. 
 
 Amend section 8 by striking out the word “for” in line 4 and inserting 
 in lieu thereof the word “by” and by striking out the word “purposes” in 
 line 7 and inserting in lieu thereof the word “societies.” 
 
 And the amendment was lost. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 20. 
 
 Amend section 8 by inserting after the word “imposed” in the amend¬ 
 ment adopted February 23rd, the following: “such personal property as the 
 General Assembly shall prescribe, including.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had resulting as follows: Yeas, 13; nays, 28. 
 
 And the amendment was lost. 
 
 Mr. Carlstrom offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 21. 
 
 Amend section 8 by adding in line 5, after the word “societies” the words 
 “not organized for pecuniary profit.” 
 
 Pending consideration, Mr. Hamill offered the following as a sub¬ 
 stitute for Amendment No. 21, and moved its adoption: 
 
 Amend section 8 by striking out the words “agricultural and horti¬ 
 cultural societies.” 
 
 And the substitute for Amendment No. 21 was lost. 
 
 The question recurring on the adoption of Amendment No. 21 it 
 was decided in the affirmative. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 tion : 
 
518 
 
 JOURNAL OF THE 
 
 [Feb. 28, 
 
 Amendment No. 22. 
 
 Amend section 8 by striking out the last clause thereof as follows: 
 “including parsonages owned and occupied as such. 
 
 4nd the amendment was lost. n 
 
 Mr. Green moved that section 8, as amended, be now recommitted 
 
 to the Special Committee on Eevenue for further consideration. 
 
 And the motion prevailed. > , v--u 
 
 Mr Sutherland called up his motion to reconsider the vote b} whic 
 section 2 of the Eeport of the Special Committee on Eevenue was 
 adopted and moved that consideration be further postponed until the 
 
 next Convention day. , ,, 
 
 Whereupon Mr. Jarman moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in 
 
 the affirmative. . . 
 
 Mr. Jarman thereupon moved that the motion to reconsider the 
 
 vote by which section 2 was adopted, lie on the table. 
 
 And the motion prevailed. 
 
 Mr. Stahl called up his motion to reconsider the vote by which 
 section 4 of the Eeport of the Special Committee on Eevenue was adopted. 
 
 And the question being on the motion to reconsider, it was decided 
 in the affirmative. 
 
 Whereupon Mr. Stahl offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 23. 
 
 Amend section 4 by striking out the words “five hundred” in line 4, 
 and inserting in lieu thereof the words “fifteen hundred.” 
 
 Pending discussion, by unanimous consent, Mr. Stahl withdrew 
 
 Amendment Xo. 23. 
 
 Mr. Trautmann offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 24. 
 
 Amend section 4 by striking out all of the second sentence and inserting 
 in lieu thereof the following: “An exemption or deduction may he allowed 
 for living expense fj-om income derived from personal service.” 
 
 Pending discussion, by unanimous consent, Mr. Trautmann with¬ 
 drew Amendment Xo. 24. 
 
 Mr. W. A. Johnson offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 25. 
 
 Amend section 4, by striking out all of the second sentence and inserting 
 in lieu thereof the following: “An exemption not to exceed $1,000.00 may 
 be allowed to the head of a family and not to exceed $500.00 to any other 
 person from income derived from personal service. No exemption shall be 
 allowed from income derived from any other source. 
 
 Mr. Jack offered the following amendment to the amendment and 
 moved its adoption: 
 
192-2.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 519 
 
 Amendment No. 1 to Amendment No. 25. 
 
 Amend the amendment by striking out the figures $1,000.00 and insert 
 in lieu thereof the figures $1,500.00. 
 
 And the amendment to the amendment was lost. 
 
 Pending discussion, by unanimous consent, Mr. Johnson withdrew 
 
 Amendment Yo. 25. 
 
 Mr. Dawes offered the following amendment and moved its adoption: 
 
 Amendment No. 26. 
 
 Amend section 4 by striking out the words “five. \ un *^ toYjYon 
 line 4 and inserting in lieu thereof the following: (a) $500 1 to a P<e so 
 
 not the head of a family whose total net income is less than $1,000, a 
 (b) $1,000 to a person the head of a family whose total net income is es» 
 
 than $2,000.” . . » 
 
 The question being on the adoption of the amendment, a division oi 
 
 the Convention was had, resulting as follows: Yeas, 12 ; nays, 43. 
 
 And the amendment was lost. 
 
 Mr. W. A. Johnson thereupon re-offered Amendment No. 2o, and 
 moved its adoption. 
 
 And the question being on the adoption of the amendment, a di¬ 
 vision of the Convention was had, resulting as follows: Yeas, 33; 
 
 nays, 24. 
 
 And the amendment was adopted. 
 
 Mr. Trautmann thereupon re-offered Amendment Yo. 24, and moved 
 
 its adoption. . 9 
 
 And the question being on the adoption of the amendment, it was 
 
 decided in the negative. 
 
 Mr. Jarman moved that section 4, as amended, be adopted. 
 
 And on that motion, a call of the roll was had, resulting as follows: 
 
 Yeas, 52; nays, 6. 
 
 Those voting in the affirmative are: 
 
 Adams 
 Barr 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Corlett 
 Cruden 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Gee 
 
 Gilbert 
 Goodyear 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Messrs. 
 
 Lindly 
 
 Mack 
 
 Meinert 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taft 
 
 Trautmann 
 Mr. President 
 
 Yeas—52. 
 
 Those voting in the negative are: Messrs. 
 
 Iarussi 
 
 Pincus 
 
 Todd 
 
 Wfison 
 
 Nays—6. 
 
 Brandon 
 
 Dunlap , 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed and under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 4t the hour of 6:25 o’clock p. m., Mr. Trautmann moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
520 
 
 JOURNAL OF THE 
 
 [Mar. 1, 
 
 WEDNESDAY, MARCH 1, 1922, 10:00 O'CLOCK A. M. 
 
 * » 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. E. T. Carroll, of the First Methodist 
 Church, of Greenville. 
 
 The Journal of Thursday, February 23d, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 Mr. Jarman, from the Special Committee on Revenue, to which was 
 recommitted on yesterday section 8 of their special report, submitted 
 the following report and moved that it be received by the Convention, 
 and substituted for section 8 of the committee’s former report: 
 
 Committee Report. 
 
 Section 8. The following classes of property and the income therefrom 
 may be relieved by general law from taxation: (1) Public property; (2) 
 household furniture used as such up to five hundred dollars in value; (3) 
 parsonages owned and used as such; (4) property used exclusively for (a) 
 agricultural and horticultural societies not organized for pecuniary profit, 
 (b) incorporated societies of war veterans, (c) cemeteries not held for 
 private profit, and (d) school, charitable or religious purposes; (5) if a 
 general income tax is imposed as authorized in section four of this article, 
 household furniture and implements of agriculture or labor used as such 
 without limit as to amount. 
 
 The question being on the adoption of the report of the special 
 committee. 
 
 It was decided in the affirmative. 
 
 And the report was placed before the Convention for its consider¬ 
 ation in lieu of section 8 contained in the former report of the Special 
 Committee on Revenue. 
 
 Pending consideration, Mr. Mighell offered the following amend¬ 
 ment and moved its adoption: 
 
 Amendment No. 27. 
 
 Amend section 8 by inserting after the word “exclusively” in line 5, the 
 following words “directly and not as an endowment.” 
 
 And the amendment was lost. 
 
 Mr. Sutherland offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 28. 
 
 Amend section 8 by striking out the words “without limit as to amount” 
 after the word “such” in the last line thereof, and by inserting in lieu thereof 
 the following, “in such amount as the General Assembly may determine.” 
 
 And the amendment was lost. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 521 
 
 The question then being on the adoption of section 8, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 60; nays, 4. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Green 
 
 Dill 
 
 Potts 
 
 Barr 
 
 De Young 
 
 Hogan 
 
 Lindly 
 
 Rosenberg 
 
 Brandon 
 
 Dunlap 
 
 Hollenbeck 
 
 Mack 
 
 Shanahan 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hull 
 
 Meinert 
 
 Shuey 
 
 Brewster 
 
 Elting 
 
 Iarussi 
 
 Miller 
 
 Six 
 
 Carlstrom 
 
 Fyke 
 
 Ireland 
 
 Mills 
 
 Smith 
 
 Catron 
 
 Gale 
 
 Jack 
 
 Moore 
 
 Stahl 
 
 Clarke 
 
 Ganschow 
 
 Jarman 
 
 Morris 
 
 Sutherland 
 
 Corlett 
 
 Gee 
 
 Johnson, L. C. 
 
 Nichols 
 
 Taff 
 
 Cruden 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Paddock 
 
 Todd 
 
 Cutting 
 
 Goodyear 
 
 Kerrick 
 
 Pincus 
 
 Trautmann 
 
 Davis 
 
 Gray 
 
 Kunde 
 
 Pinnell 
 
 Mr. President 
 
 
 
 
 Yeas—60 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Hamill 
 
 Mighell 
 
 Rinaker 
 
 Wilson 
 
 Nays—4 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed and under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 Mr. Jarman moved to reconsider the vote by which section 8 was 
 adopted. 
 
 Whereupon Mr. Sutherland moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in 
 the affirmative. 
 
 Mr. Jarman, by unanimous consent, moved to recall section 7 from 
 the Committee on Phraseology and Style. 
 
 And the motion prevailed. 
 
 Mr. Jarman, by unanimous consent, moved to reconsider the vote 
 by which section 7 was, on February 22d, adopted. 
 
 And the motion prevailed. 
 
 Mr. Jarman thereupon reported the following as a substitute for 
 section 7 and moved that consideration of the same be postponed until 
 the afternoon session: 
 
 Committee Report. 
 
 Section 7. Taxes on incomes shall be levied and collected only by the 
 State. The revenue raised on any income tax imposed under section four of 
 this article shall be apportioned to the State and to the taxing bodies as the 
 General Assembly shall prescribe. Of the revenue raised under any income 
 tax imposed under section three of this article there shall be used for State 
 purposes the same percentage as is used from the total revenue from taxes 
 by valuation and the residue shall be returned to the respective counties 
 from which it was collected to be distributed among the taxing bodies thereof 
 according to the general law. 
 
 And the motion to postpone prevailed. 
 
 The Convention now proceeding upon the consideration of section 
 5, of the report of the Committee on Phraseology and Style, the same 
 was taken up and read at large. 
 
 Whereupon Mr. Gale offered the following amendment and moved 
 its adoption: 
 
522 
 
 JOURNAL OF THE 
 
 [Mar. 1, 
 
 Amendment No. 29. 
 
 Amend section 5 by striking out all tbe words prior to the word “except" 
 in tbe third line thereof and inserting the words, “The General Assembly 
 shall have power to provide for the collection of all taxes and special assess¬ 
 ments, but no owner of real estate shall be divested of title thereto." 
 
 Mr. Hamill offered the following as a substitute for the amendment 
 of Mr. Gale and for the remainder of the first sentence: 
 
 “The legislature shall have power to provide for the collection of all 
 taxes and special assessments; but no owner of real estate shall be divested 
 of title thereto because of delinquent taxes, special taxes or special assess¬ 
 ments, except upon the judgment of a court of record, after notice by the 
 County Treasurer to the owner or agent thereof and a redemption period of 
 two years from the date of said judgment shall be allowed to the owner or 
 other parties interested in such real estate. 
 
 The question being on the adoption of the substitute, it was decided 
 in the affirmative. 
 
 Mr. Gale offered the following amendment and moved its adoption: 
 
 Amendment No. 30. 
 
 Amend section 5 by striking out the word “such" in line 7, and inserting 
 in lieu thereof the word “any.” 
 
 And the amendment was adopted. 
 
 Pending discussion Mr. Todd moved that further consideration of 
 section 5 be postponed. 
 
 And the motion was lost. 
 
 Mr. Gale offered the following amendment and moved its adoption: 
 
 Amendment No. 31. 
 
 Amend section 5 by inserting in lieu of the last clause thereof the follow¬ 
 ing, “But after such period of redemption has expired the General Assembly 
 may provide for enforcing the lien of such taxes or assessments by a proceed¬ 
 ing in the nature of a foreclosure in equity wherein the rights of all inter¬ 
 ested parties may be adjudicated." 
 
 And the amendment was adopted. 
 
 Mr. Green offered the following as a substitute for section 5 and 
 moved its adoption: 
 
 Section 5. No owner of real estate shall be divested of title thereto for 
 default in payment of taxes or assessments, except (1) upon sale by the 
 County Treasurer, or (2) by forfeiture to the State, in either case being 
 pursuant to judgment of a court of record after notice, as provided by law; 
 not less than two years shall be allowed to redeem from such sale or for¬ 
 feiture; but the rights of all interested parties may be enforced by proceed¬ 
 ings in equity. 
 
 Pending discussion, at the hour of 12 :25 o’clock p. m., Mr. Suther¬ 
 land moved that the Convention do now take a recess until 3:00 
 o’clock p. m. 
 
 And the motion prevailed. 
 
 3 :00 o’Clock P. M. 
 
 The hour of 3 :00 o’clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
1922,] 
 
 CONSTITUTIONAL CONVENTION. 
 
 523 
 
 The consideration of section 7, as reported by the Special Committee 
 on Eevenue, having been postponed until this hour, was again taken up. 
 
 Whereupon Mr. Jarman moved that the report of the committee be 
 substituted for section 7 of its former report. 
 
 And the motion prevailed. 
 
 The question then being on the adoption of section 7, as so sub¬ 
 stituted, a call of the roll was had, resulting as follows: Yeas, 60; 
 
 nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 De Young 
 
 Hogan 
 
 Meinert 
 
 Shanahan 
 
 Barr 
 
 Dupuy, G. 
 
 A. Hollenbeck 
 
 Mighell 
 
 Shuey 
 
 Brandon 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Six 
 
 Brenholt 
 
 Fyke 
 
 Iarussi 
 
 Moore 
 
 Smith 
 
 Brewster 
 
 Gale 
 
 Ireland 
 
 Morris 
 
 Stahl 
 
 Carlstrom 
 
 Ganschow 
 
 Jack 
 
 Nichols 
 
 Sutherland 
 
 Catron 
 
 Gee 
 
 Jarman 
 
 Paddock 
 
 Taff 
 
 Clarke 
 
 Gilbert 
 
 Johnson, L. C. 
 
 Pincus 
 
 Todd 
 
 Corlett 
 
 Goodyear 
 
 Kerrick 
 
 Pinnell 
 
 Trautmann 
 
 Cruden 
 
 Gray 
 
 Kunde 
 
 Potts 
 
 Wilson 
 
 Cutting 
 
 Green 
 
 Lindly 
 
 Rinaker 
 
 Mr. President 
 
 Davis 
 
 Dawes 
 
 Hamill 
 
 Mack 
 
 Rosenberg 
 
 Yeas—60. 
 Nays—0. 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed and under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 Mr. Jarman moved to reconsider the vote by which section 7 was 
 adopted. 
 
 Whereupon Mr. Taff moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in 
 
 the affirmative. 
 
 The pending question at the hour of taking a recess being the sub¬ 
 stitute for section 5, offered by Mr. Green, the same was again taken up. 
 
 Whereupon, by unanimous consent, Mr. Green withdrew his sub¬ 
 stitute. 
 
 Mr. Gale thereupon offered the following as a substitute for section 
 5 and moved its adoption: 
 
 Section 5. No owner of real estate shall be divested of title thereto for 
 default in payment of general or special taxes or assessments, except (1) 
 upon sale by the County Treasurer, or (2) by forfeiture to the State, in 
 either case only after judgment of a court of record after notice, as provided 
 by law; not less than two years shall be allowed to redeem from such sale 
 or forfeiture; after such period of redemption the rights under such sale or 
 forfeiture may be enforced by a proceeding in equity. 
 
 # Pending consideration Mr. Green moved that the substitute and 
 subject matter in connection with section 5, be laid on the table. 
 
 And the question being on the motion to table, a division of the 
 Convention was had, resulting as follows: Yeas, 26; nays, 27. 
 
 And the motion to table was lost. 
 
 . The question recurring on the adoption of the substitute, it was 
 decided in the affirmative. 
 
 The question then being on the adoption of section 5, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 55; nays, 8. 
 
524 
 
 journal of the [Mar. 1, 
 
 Those 
 
 voting in the affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Davis 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Barr 
 
 Dawes 
 
 Goodyear 
 
 Kerrick 
 
 Rinaker 
 
 Brandon 
 
 De Young 
 
 Gray 
 
 Lindly 
 
 Shanahan 
 
 Brenholt 
 
 Dryer 
 
 Green 
 
 Mack 
 
 Shuey 
 
 Brewster 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Six 
 
 Carlstrom 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Smith 
 
 Catron 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Stahl 
 
 Clarke 
 
 Fyke 
 
 Ireland 
 
 Moore 
 
 Taft 
 
 Corlett 
 
 Gale 
 
 Jack 
 
 Morris 
 
 Todd 
 
 Cruden 
 
 Ganschow 
 
 Jarman 
 
 Nichols 
 
 Trautmann 
 
 Cutting 
 
 Gee 
 
 Johnson, L. C. 
 
 Paddock 
 
 Mr. President 
 Yeas—5 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Hamill 
 
 Kunde 
 
 Potts 
 
 Sutherland 
 
 Wilson 
 
 Iarussi 
 
 Pincus 
 
 Rosenberg 
 
 
 Nays—! 
 
 Section 5, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 6, of the report of the Committee on Phraseology and Style, 
 
 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, resulting 
 
 as 
 
 follows: Yeas, 
 
 63; nays, 0. 
 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 De Young 
 
 
 Hamill 
 
 Mack 
 
 Shanahan 
 
 Barr 
 
 Dryer 
 
 
 Hogan 
 
 Meinert 
 
 Shuey 
 
 Brandon 
 
 Dunlap 
 
 
 Hollenbeck 
 
 Mighell 
 
 Six 
 
 Brenholt 
 
 Dupuy, G. 
 
 A. 
 
 Hull 
 
 Mills 
 
 Smith 
 
 Brewster 
 
 Elting 
 
 
 Iarussi 
 
 Moore 
 
 Stahl 
 
 Carlstrom 
 
 Fyke 
 
 
 Ireland 
 
 Morris 
 
 Sutherland 
 
 Catron 
 
 Gale 
 
 
 Jack 
 
 Nichols 
 
 Taff 
 
 Clarke 
 
 Ganschow 
 
 
 Jarman 
 
 Paddock 
 
 Todd 
 
 Corlett 
 
 Gee 
 
 
 Johnson, L. C. 
 
 Pincus 
 
 Trautmann 
 
 Cruden 
 
 Gilbert 
 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Wilson 
 
 Cutting 
 
 Goodyear 
 
 
 Kerrick 
 
 Potts 
 
 Mr. President 
 
 Davis 
 
 Gray 
 
 
 Kunde 
 
 Rinaker 
 
 Yeas—6: 
 
 Dawes 
 
 Green 
 
 
 Lindly 
 
 Rosenberg 
 
 Nays—i 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseolog} r and Style for action as provided by Rule 20. 
 
 Section 7, of the report of the Committee on Phraseology and Style, 
 was taken up and read at large. 
 
 Whereupon Mr. Gale offered as a substitute section 6 of the report 
 of the Committee on Revenue, Taxation and Finance in Proposal No. 
 378, as corrected, as follows: 
 
 “The General Assembly may vest the corporate authorities of cities, 
 towns, villages and park districts, with power to make local improvements 
 hy special assessment, by special taxation of contiguous property, or other¬ 
 wise.” 
 
 Mr. Jarman offered the following amendment to the substitute and 
 moved its adoption: 
 
 Amend the substitute by striking out, in the last line, the words “of 
 contiguous property, or otherwise,” and inserting in lieu thereof the words 
 “of property which is specially and particularly benefited thereby, whether 
 or not such property abuts upon such improvements.” 
 
 And the amendment was lost. 
 
 The question recurring on the adoption of the substitute for sec¬ 
 tion 7. 
 
 It was decided in the affirmative. 
 
 Mr. Clarke offered the following amendment and moved its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 525 
 
 Amendment No. 32. 
 
 Amend section 7, as amended, by adding after the word “districts,” in 
 line 2, the words, “jointly or severally.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 7, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 62; nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Shanahan 
 
 Barr 
 
 Dryer 
 
 Hogan 
 
 Mighell 
 
 Shuey 
 
 Brandon 
 
 Dunlap 
 
 Hollenbeck 
 
 Mills 
 
 Six 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hull 
 
 Moore 
 
 Smith 
 
 Brewster 
 
 Ellting 
 
 Iarussi 
 
 Morris 
 
 Stahl 
 
 Carlstrom 
 
 Fyke 
 
 Ireland 
 
 Nichols 
 
 Sutherland 
 
 Catron 
 
 Gale 
 
 Jack 
 
 Paddock 
 
 Taff 
 
 Clarke 
 
 Ganschow 
 
 Jarman 
 
 Pincus 
 
 Todd 
 
 Corlett 
 
 Gee 
 
 Johnson, B. C. 
 
 Pinnell 
 
 Trautmann 
 
 Cruden 
 
 Gilbert 
 
 Kerrick 
 
 Potts 
 
 Wilson 
 
 Cutting 
 
 Goodyear 
 
 Kunde 
 
 Rinaker 
 
 Mr. President 
 
 Davis 
 
 Gray 
 
 Lindly 
 
 Rosenberg 
 
 Yeas—62. 
 
 Dawes 
 
 Green 
 
 Mack 
 
 
 Nays—0. 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Sutherland gave notice that on the next Convention day he 
 would move to reconsider the vote by which section 7 was adopted. 
 
 Section 8, of the report of the Committee on Phraseology any Style, 
 
 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was 
 
 had, resulting as 
 
 follows: Yeas, 
 
 62; nays, 0. 
 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 De Young 
 
 Hamill 
 
 Mack 
 
 Shanahan 
 
 Barr 
 
 Dryer 
 
 Hogan 
 
 Meinert 
 
 Shuey 
 
 Brandon 
 
 Dunlap 
 
 Hollenbeck 
 
 Mighell 
 
 Six 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hull 
 
 Mills 
 
 Smith 
 
 Brewster 
 
 Elting 
 
 Iarussi 
 
 Moore 
 
 Stahl 
 
 Carlstrom 
 
 F*yke 
 
 Ireland 
 
 Morris 
 
 Sutherland 
 
 Catron 
 
 Gale 
 
 Jack 
 
 Nichols 
 
 Taff 
 
 Clarke 
 
 Ganschow 
 
 Jannan 
 
 Paddock 
 
 Todd 
 
 Corlett 
 
 Gee 
 
 Johnson, B. C. 
 
 Pincus 
 
 Trautmann 
 
 Cruden 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Wilson 
 
 Cutting 
 
 Goodyear 
 
 Kerrick 
 
 Rinaker 
 
 Mr. President 
 
 Davis 
 
 Gray 
 
 Kunde 
 
 Rosenberg 
 
 Yeas—62. 
 
 Dawes 
 
 Green 
 
 Bindly 
 
 
 Nays—0. 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Sutherland gave notice that on the next Convention day he 
 would move to reconsider the vote by which section 8 was adopted. 
 
 Section 9, of the report of the Committee on Phraseology and Style, 
 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following as a substitute for sec¬ 
 tion 9 and moved its adoption: 
 
 Section 9. Except as otherwise provided in this article no county, town¬ 
 ship, school district or other municipal corporation shall become indebted in 
 the aggregate, including its existing debt, to an amount exceeding 5% of the 
 value of the taxable property therein as ascertained by the last assessment 
 for State and county taxes previous to incurring the debt. (Except as other¬ 
 wise provided in this article). The corporate body incurring any such debt 
 shall before or at the time of doing so provide for the collection of a direct 
 
526 
 
 JOURNAL OF THE 
 
 [Mar. 1, 
 
 annual tax sufficient to pay the interest on the debt and to pay the principal 
 thereof in substantially equal annual installments within twenty years, but 
 provision may be made for the payment of any part of such debt in advance. 
 
 The question being on the adoption of the substitute, it was decided 
 in the affirmative. 
 
 Mr. Gilbert offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 33. 
 
 Amend section 9, as amended, by striking out the rest of the sentence 
 following the word “years” in next to the last line. 
 
 And the amendment was lost. 
 
 Mr. Gee offered the following amendment and moved its adoption: 
 
 Amendment No. 34. 
 
 Amend section 9, as amended, by striking out after the word “debt” the 
 words, “Except as otherwise provided in this article.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 3d; nays, 20. 
 
 And the amendment was adopted. 
 
 Mr. Gilbert offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 35. 
 
 Amend section 9, as amended, by striking out in the last line the words, 
 “in advance,” and inserting in lieu thereof the words, “before maturity.” 
 
 And the amendment was adopted. 
 
 Mr. DeYoung offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 36. 
 
 Amend section 9, as amended, by striking out the words, “in substan¬ 
 tially equal annual installments.” 
 
 And the amendment was lost. 
 
 Mr. Jarman offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 37. 
 
 Amend section 9, as amended, by striking out in the first line the words, 
 “Except as otherwise provided in this article.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 35; nays, 21. 
 And the amendment was adopted. 
 
 Mr. Sutherland offered the following amendment and moved its 
 adoption: 
 
 • Amendment No. 38. 
 
 Amend section 9, as amended, by inserting after the figure “5%” in line 
 3, the following, “(Or 5in the event that the tax upon income from 
 intangibles is imposed as provided in section 3 of this article.)” 
 
 And the amendment was lost. 
 
CONSTITUTIONAL CONTENTION. 
 
 527 
 
 Mr. Rinaker offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 39. 
 
 Amend section 9, as amended, by striking out the words “in substantially 
 equal annual installments.” 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 9, as amended, a 
 
 Adams 
 
 Barr 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 oting in the affirmative are: 
 
 Messrs. 
 
 Dryer 
 
 Hamill 
 
 Mack 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Fyke 
 
 Iarussi 
 
 Moore 
 
 Gale 
 
 Ireland 
 
 Morris 
 
 Ganschow 
 
 Jack 
 
 Nichols 
 
 Gee 
 
 Jarman 
 
 Paddock 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Pincus 
 
 Goodyear 
 
 Kerri ck 
 
 Pinnell 
 
 Gray 
 
 Kunae 
 
 Potts 
 
 Green 
 
 Lindly 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taft 
 
 Todd 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—61. 
 
 Those voting in the negative are: Mr. 
 
 De Young ^ Xay^_l 
 
 Section 9, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 At the hour of 6 :00 o’clock p. m. Mr. Shanahan moved that the 
 Convention do now take a recess until 8:00 o’clock p. m. 
 
 And the motion prevailed. 
 
 8 :00 o Clock P. M. 
 
 The hour of 8 .00 o clock p. m. having arrived the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 Section 10, of the report of the Committee on Phraseologv and Style 
 was taken up and read at large. ° ’ 
 
 Whereupon Mr. Hull offered the following as a substitute for sec- 
 tion 10 and moved its adoption: 
 
 j. S ect i°n 3.0. Cities may be authorized by law to issue bonds (in addition 
 to any debt otherwise permitted by this Constitution) up to 15 per cent 
 ot the lull value of the taxable real property therein as ascertained by the 
 
 f0r ^ St K te and county taxes previous to the issuance of such 
 at any su . ch b 9 nds ma > r be issued only for acquiring, leasing, con¬ 
 structing or operating income-producing property for supplying transporta¬ 
 tion, communication, light, heat, power or water. At or before the time of 
 issuing any such bonds the city shall provide for the collection of a direct 
 annual tax sufficient to pay the interest thereon and the principal thereof 
 within thirty years. Unless otherwise provided in the ordinance authorizing 
 the issuance of any bonds for financing any such income producing public 
 
 of 1 this S action° ndS S1311 bG held t0 be issued under the foregoing provisions 
 
 Al if Clty bavin § is sued bonds under the provisions of this section shall 
 thereafter, at least four months before any tax for the payment of the prin¬ 
 cipal and interest of any such bonds or for the payment of the principal and 
 
5 28 
 
 JOURNAL OF THE 
 
 I Mar. 1, 
 
 i_ y 
 
 interest or any other indebtedness incurred for financing the same utility 
 becomes collectible by law, deposit with its treasurer, out of the gross earn¬ 
 ings of the utility for financing which the debt to be discharged by any such 
 tax was incurred, a sum equal in amount to such tax. The money so de¬ 
 posited shall be used only to pay such principal and interest. To the extent 
 that such funds are deposited prior to the collection of any such tax it 
 shall not be collected. 
 
 Any city having issued bonds under the provisions of this section shall 
 thereafter establish and maintain such rates or charges for the service sup¬ 
 plied as may be necessary to provide at least sufficient revenue to pay (a) 
 the principal and interest of all outstanding bonded or other indebtedness 
 incurred for financing such utility, and (b) the cost and expense involved 
 in or incidental to the ownership, operation and maintenance of such utility, 
 including reserves for repairs and renewals necessary to maintain the prop¬ 
 erties in first class condition. 
 
 Any taxpayer of a city shall have the right (which shall not be exclusive 
 in him) to enforce the provisions of this section by appropriate proceedings 
 in the Circuit Court of the county. Such courts shall enforce these pro¬ 
 visions and for such purpose shall have all necessary powers including the 
 power to regulate the service supplied- by any such utility. 
 
 The question being on the adoption of the substitute, it was decided 
 in the affirmative. 
 
 Mr. Kerrick otfered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 40. 
 
 Amend section 10, as amended, by inserting after the wmrd “cities” in 
 line one, the words, “having a population of more than 500.000.” 
 
 The question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: Yeas, 18; nays, 34. 
 
 And the amendment was lost. 
 
 Mr. Gale offered the following amendment and moved its adoption: 
 
 Amendment No. 41. 
 
 Amend section 10, as amended, by inserting after the word “cities” in 
 line one, the following words, “having a population of more than 100,000.” 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 10, as amended, 
 
 a call of the roll was had, 
 
 resulting 
 
 as follows: Yeas, 
 
 33; nays, 25 . 
 
 Those 
 
 voting in the affirmativ 
 
 e are: Messrs. 
 
 Brandon 
 
 De Young 
 
 Hull 
 
 Mighell 
 
 Six 
 
 Brenholt 
 
 Elting 
 
 Iarussi 
 
 Pincus 
 
 Smith 
 
 Catron 
 
 Ganschow 
 
 Ireland 
 
 Pinnell 
 
 Stahl 
 
 Clarke 
 
 Gray 
 
 Jack 
 
 Potts 
 
 Sutherland 
 
 Cruden 
 
 Green 
 
 Jarman 
 
 Rosenberg 
 
 Todd 
 
 Davis 
 
 Hamill 
 
 Kunde 
 
 Shanahan 
 
 Trautmann 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 
 Yeas- 
 
 Those 
 
 Adams 
 
 Barr 
 
 Brewster 
 
 Carlstrom 
 
 Corlett 
 
 voting in the negative are: Messrs. 
 
 Cutting Goodyear Mack 
 
 Dryer Hollenbeck Mills 
 
 Dupuy, G. A. Johnson, W. A. Moore 
 Fyke Kerrick Morris 
 
 Gilbert Lindly Nichols 
 
 Paddock 
 
 STiuey 
 
 Taff 
 
 Wilson 
 
 Mr. President 
 
 Nays—25. 
 
 Section 10, having failed to receive the votes of a majority of the 
 Delegates elected, was declared lost. 
 
 Mr. Carlstrom gave notice that on the next Convention day he would 
 move to reconsider the vote by which section 10 had failed to pass. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 529 
 
 Section 11, of the report of the Committee on Phraseology and Style, 
 was taken np and read at large. 
 
 Whereupon Mr. Hull offered the following as a substitute for section 
 11 and moved its adoption: 
 
 Section 11. Each issue of bonds or other securities by a city for financ¬ 
 ing any income-producing public utility shall be payable in substantially 
 equal annual installments of principal and interest combined beginning not 
 more than five years from the date thereof, but provision may be made for 
 the payment of any part of such debt in advance. No such bonds or other 
 securities shall be issued unless the proposition therefor is approved at an 
 election by three-fifths of those voting on the question. 
 
 Any city owning or operating a public utility shall conform to the 
 requirements for keeping account and for the audit thereof and for making 
 reports that may be prescribed by law for a like utility privately owned. 
 
 Laws may be passed in aid of this and the preceding section. 
 
 The question being on the adoption of the substitute, it was decided 
 
 in the affirmative. 
 
 Pending discussion Mr. Hull moved that further consideration of 
 section 11, as amended, be postponed. 
 
 And the motion prevailed. 
 
 At the hour of 9 :55 o’clock p. m. Mr. Trautmann moved that the 
 Convention do now adjourn until 9 :00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
 - u J 
 
530 
 
 JOURNAL OF THE 
 
 [Mar. 2, 
 
 THURSDAY, MARCH 2 , 1922 , 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. E. T. Carroll, of the First Methodist 
 Church, of Greenville. 
 
 The Journal of Tuesday, February 28th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up, and no corrections appearing, was ordered to stand approved. 
 
 Mr. Sutherland, in accordance with his notice of yesterday, moved 
 to reconsider the vote by which section 7, of the report of the Committee 
 on Phraseology and Style, was adopted and that further consideration 
 of the motion to reconsider be postponed until the next Convention day. 
 
 And the motion prevailed. 
 
 Mr. Sutherland, in accordance with his notice of yesterday, moved 
 to reconsider the vote by which section 8, of the report of the Committee 
 on Phraseology and Style, was adopted and that further consideration 
 of the motion to reconsider be postponed until the next Convention day. 
 
 And the motion prevailed. 
 
 Mr. Barr stated that on yesterday Mr. Carlstrom gave notice that 
 on the next Convention day he would move to reconsider the vote b} r 
 which section 10 had failed to pass; that Mr. Carlstrom was absent, 
 and having himself voted with the prevailing side, moved that the vote 
 by which section 10 had failed to pass be reconsidered and that further 
 consideration of the motion to reconsider be postponed until the next 
 Convention day. 
 
 And the motion prevailed. 
 
 The next order of business being the consideration of Report jSTo. 
 10, of the Committee on Phraseology and Style, on the subject of Pre¬ 
 amble, the same was taken up and read at large. 
 
 And the question being on the adoption of the report of the com¬ 
 mittee, a call of the roll was had, resulting as follows: Yeas, 56 ; nays, 0. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Fyke 
 
 Iarussi 
 
 Mills 
 
 Shuey 
 
 Barr 
 
 Gale 
 
 Ireland 
 
 Moore 
 
 Six 
 
 Brandon 
 
 Ganschow 
 
 Jack 
 
 Morris 
 
 Smith 
 
 Brewster 
 
 Gee 
 
 Jarman 
 
 Nichols 
 
 Stahl 
 
 Carlstrom 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Paddock 
 
 Sutherland 
 
 Catron 
 
 Goodyear 
 
 Kerrick 
 
 Pincus 
 
 Taf£ 
 
 Clarke 
 
 Gray 
 
 Kunde 
 
 Pinnell 
 
 Todd 
 
 Corlett 
 
 Green 
 
 Lindly 
 
 Potts 
 
 Traeger 
 
 Cutting 
 
 Hamill 
 
 Mack 
 
 Rinaker 
 
 Wilson 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 Rosenberg 
 
 Mr. President 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Shanahan 
 
 Yeas—5 
 
 Biting 
 
 Hull 
 
 
 
 Nays— 
 
 The report having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseologv and Stvle for action as provided by Rule 20. 
 
CONSTITUTIONAL CONVENTION. 
 
 531 
 
 The Convention proceeding upon the consideration of Report No. 5, 
 of the Committee on Phraseology and Style, on the subject of Boun¬ 
 daries, the same was taken up and read at large. 
 
 Whereupon Mr. Taff moved that the report of the Committee on 
 Phraseology and Style be ordered to lie on the table. 
 
 And the motion prevailed. 
 
 The Convention proceeding upon the consideration of Report No. 3, 
 of the Committee on Phraseology and-Style, on the subject of Distribu¬ 
 tion of Powers, the same was taken up and read at large. 
 
 And the question being on the adoption of the report of the com¬ 
 mittee, a call of the roll was had, resulting as follows: Yeas, 56; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Fyke 
 
 Iarussi 
 
 Mills 
 
 Shuey 
 
 Barr 
 
 Gale 
 
 Ireland 
 
 Moore 
 
 Six 
 
 Brandon 
 
 Ganschow 
 
 Jack 
 
 Morris 
 
 Smith 
 
 Brewster 
 
 Gee 
 
 Jai’man 
 
 Nichols 
 
 Stahl 
 
 Carlstrom 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Paddock 
 
 Sutherland 
 
 Catron 
 
 Goodyear 
 
 Kerrick 
 
 Pincus 
 
 Taff 
 
 Clarke 
 
 Gray 
 
 Kunde 
 
 Pinnell 
 
 Todd 
 
 Corlett 
 
 Green 
 
 Lindly 
 
 Potts 
 
 Trautmann 
 
 Cutting 
 
 Hamill 
 
 Mack 
 
 Rinaker 
 
 Wilson 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 Rosenberg 
 
 Mr. President 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Shanahan 
 
 Yeas—56 
 
 Elting 
 
 Hull 
 
 
 
 Nays—0 
 
 The report having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 The Convention proceeding upon the consideration of Report No. 9, 
 of the Committee on Phraseology and Style, on the subject of Bill of 
 Rights, section 1 thereof was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 56; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Fyke 
 
 Iarussi 
 
 Mills 
 
 Shuey 
 
 Barr 
 
 Gale 
 
 Ireland 
 
 Moore 
 
 Six 
 
 Brandon 
 
 Ganschow 
 
 Jack 
 
 Morris 
 
 Smith 
 
 Brewster 
 
 Gee 
 
 Jarman 
 
 Nichols 
 
 Stahl 
 
 Carlstrom 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Paddock 
 
 Sutherland 
 
 Catron 
 
 Goodyear 
 
 Kerrick 
 
 Pincus 
 
 Taff 
 
 Clarke 
 
 Gray 
 
 Kunde 
 
 Pinnell 
 
 Todd 
 
 Corlett 
 
 Green 
 
 Lindly 
 
 Potts 
 
 Traeger 
 
 Cutting 
 
 Hamill 
 
 Mack 
 
 Rinaker 
 
 Wilson 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 Rosenberg 
 
 Mr. President 
 
 Dupuy, G. A. 
 Elting 
 
 Hollenbeck 
 
 Hull 
 
 Mighell 
 
 Shanahan 
 
 Yeas—56. 
 Nays—0. 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 2 was taken up and read at large. 
 
 Whereupon Mr. Elting offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 1. 
 
 Amend said section 2 by inserting after the figure “2” in the first line 
 thereof, the following: “No law shall be made, or enforced, which shall 
 abridge the privileges and immunities of any citizen, nor deny to any person 
 the equal protection of the laws, and.” 
 
 And the amendment was lost. 
 
JOURNAL OF THE 
 
 532 
 
 [Mar. 2 , 
 
 roll was 
 
 had, resulting as 
 
 follows: 
 
 A r eas, 
 
 56; nays, 0. 
 
 
 Those voting in the affirmative 
 
 are: 
 
 Messrs. 
 
 
 Adams 
 
 Fyke 
 
 Iarussi 
 
 
 Mills 
 
 Shuey 
 
 Barr 
 
 Gai« 
 
 Ireland 
 
 
 Moore 
 
 Six 
 
 Brandon 
 
 Ganschow 
 
 Jack 
 
 
 Morris 
 
 Smith 
 
 Brewster 
 
 Gee 
 
 J arman 
 
 
 Nichols 
 
 Stahl 
 
 Carlstrom 
 
 Gilbert 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Sutherland 
 
 Catron 
 
 Goodyear 
 
 Kerrick 
 
 
 Pincus 
 
 Taff 
 
 Clarke 
 
 Gray 
 
 Kunde 
 
 
 Pinnell 
 
 Todd 
 
 Corlett 
 
 Green 
 
 Lindly 
 
 
 Potts 
 
 Trautmann 
 
 Cutting 
 
 Hamill 
 
 Mack 
 
 
 Rinaker 
 
 Wilson 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 
 Rosenberg 
 
 Mr. President 
 
 Dupuy, G. 
 Elting 
 
 r'i i 
 
 A. Hollenbeck 
 Hull 
 
 Mighell 
 
 
 Shanahan 
 
 Yeas—56 
 Nays—0 
 
 ~ — * wv_c V Ui a luajtaiij Ui wae -LytuegaLes 
 
 elected, was declared passed and, under tlie rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 3 was taken up and read at large. 
 
 Whereupon Mr. Carlstrom moved that consideration be postponed. 
 And the motion prevailed. 
 
 Section 4 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 55; nays, 0. 
 
 _____ ' '— y y y 
 
 Adams 
 
 Barr 
 
 Brandon 
 
 Brewster 
 
 Catron 
 
 Clarke 
 
 Corlett 
 
 Cutting 
 
 Dawes 
 
 Dupuy. G. A. 
 
 Elting 
 
 Fyke 
 
 ting in the affirmative are: 
 
 Messrs. 
 
 
 Gale 
 
 Iarussi 
 
 Mills 
 
 Shuey 
 
 Ganschow 
 
 Ireland 
 
 Moore 
 
 Six 
 
 Gee 
 
 Jack 
 
 Morris 
 
 Smith 
 
 Gilbert 
 
 Jarman 
 
 Nichols 
 
 Stahl 
 
 Goodyear 
 
 Johnson, W. A. 
 
 Paddock 
 
 Sutherland 
 
 Gray 
 
 Kerrick 
 
 Pincus 
 
 Taff 
 
 Green 
 
 Kunde 
 
 Pinnell 
 
 Todd 
 
 Hamill 
 
 Lindly 
 
 Potts 
 
 Trautmann 
 
 Hogan 
 
 Mack 
 
 Rinaker 
 
 Wilson 
 
 Hollenbeck 
 
 Meinert 
 
 Rosenberg 
 
 Mr. President 
 
 Hull 
 
 Mighell 
 
 Shanahan 
 
 Yeas—I 
 
 Nays—0. 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 5 was taken up and read at large. 
 
 T\ hereupon Mr. Corlett moved that consideration be postponed. 
 
 And the motion prevailed. 
 
 Section 6 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 56; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 Barr 
 Brandon 
 Brewster 
 Carlstrom 
 Catron 
 Clarke 
 Corlett 
 Cutting 
 Dawes 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fyke 
 Gale 
 
 Ganschow 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 Ireland 
 Jack 
 Jai'man 
 Johnson, W. A. 
 Kerrick 
 Kunde 
 Lindly 
 Mack 
 Meinert 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—56. 
 
 Section 6, having received the votes of a majority of the Delegates 
 ejected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 533 
 
 Section 7 was taken up and read at large. 
 
 \\ hereupon Mr. Dawes moved that consideration be postponed. 
 
 And the motion prevailed. 1 
 
 Section 8 was taken up and read at large. 
 
 Whereupon Mr. Maek moved that consideration be postponed 
 And the motion prevailed. 
 
 Section 9 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 10 '™ S la< ’ resulting as follows: Yeas, 56; nays, 0. 
 
 Adams 
 Barr 
 Brandon 
 Brewster 
 Carlstrom 
 Catron 
 Clarke 
 Corlett 
 Cutting 
 Dawes 
 Dunuy. G. 
 Elting 
 
 Ihose voting in the affirmative are: Messrs. 
 
 I * ^ 
 
 Fyke 
 Gale 
 Ganschow 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 
 Iarussi 
 Ireland 
 Jack 
 Jarman 
 Johnson, W. A. 
 Kerrick 
 Kunde 
 Lindly 
 Mack 
 Meinert 
 Mighell 
 
 Mills 
 Moore 
 Morris 
 Nichols 
 Paddock 
 Pincus 
 Pinnell 
 Potts 
 Rinaker 
 Rosenberg 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—56. 
 Nays—0. 
 
 , t ®, ectl0n ha™!? received the votes of a majority of the Dde^ates 
 elected was declared passed and, under the rules, was' re-referred to the 
 Committee on Phraseology and Style for action as provided bv Rule 20 
 Section 10 was taken up and read at large. " 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 56: navs 0. 
 
 nnii aoa tta-1-iw /M ih _ _ oc* i • -« j- 
 
 Messrs. 
 
 / Q ^ W • JL V^Clk. 
 
 Those voting in the affirmative are: 
 
 Fyke 
 
 Adams 
 Barr 
 Brandon 
 Brewster 
 Carlstrom 
 Catron 
 Clarke 
 Corlett 
 Cutting 
 Dawes 
 
 Dupuy, G. A. 
 Elting 
 
 Gale 
 Ganschow 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 
 Iarussi 
 Ireland 
 Jack 
 Jarman 
 Johnson, W. A. 
 Kerrick 
 Kunde 
 Lindly 
 Mack 
 Meinert 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Pincus 
 
 Pinnell 
 
 Potts 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—56. 
 Nays—0. 
 
 Section 10 having received the votes of a majority of the Delegates 
 elected was declared passed and, under the rules, was're-referred to the 
 
 0m Seetion°ll P wT S t e< I 108y ^ ? tyle ' for action as P rovided bv Rule 20 
 Section 11 was taken up and read at large. 
 
 And%7ZS„ e p«,.S.T J " 0,rf ‘ h * 1 
 
 Section 12 was taken up and read at large. 
 
 And the question being on the adoption of the section 
 roll was had, resulting as follows: Yeas, 56; nays 0. 
 
 1 hose voting in the affirmative are: Messrs * 
 
 ICS T7*__ _ * 
 
 a call of the 
 
 Adams 
 Barr 
 Brandon 
 Brewster 
 Carlstrom 
 Catron 
 Clarke 
 Corlett 
 Cutting 
 Dawes 
 
 Dunuy. G. A. 
 Elting 
 
 Fyke 
 Gale 
 
 Ganschow 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 Ireland 
 Jack 
 Jarman 
 Johnson, W. A. 
 Kerrick 
 Kunde 
 Lindly 
 Mack 
 Meinert 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Pincus 
 
 Pinnell 
 
 Potts 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—56. 
 Nays—0. 
 
534 
 
 JOURNAL OF THE 
 
 [Mar. 2, 
 
 Section 12, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 13 was taken up and read at large. 
 
 Whereupon Mr. Clarke moved that consideration be postponed. 
 And the motion prevailed. 
 
 Section 14 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 56; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Barr 
 
 Brandon 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Corlett 
 
 Cutting 
 
 Dawes 
 
 Dupuy, G. A. 
 Elting 
 
 Fyke 
 
 Gale 
 
 Ganschow 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Kunde 
 
 Lindly 
 
 Mack 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Pincus 
 
 Pinnell 
 
 Potts 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Tail 
 
 Todd 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas— 56. 
 
 Section 14, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on ^Phraseology and Style for action as provided by Pule 20. 
 Section 15 was .taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 54; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Barr 
 
 Brandon 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Corlett 
 
 Cutting 
 
 Dawes 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Ganschow 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Kunde 
 
 Lindly 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Pincus 
 
 Pinnell 
 
 Potts 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—54. 
 
 Section 15, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Mr. W ilson moved to reconsider the vote by which section 15 was 
 
 adopted and that further consideration of the motion to reconsider be 
 postponed. 
 
 And the motion prevailed. • 
 
 Section 16 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 53; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Barr 
 
 Brandon 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Corlett 
 
 Cutting 
 
 Dawes 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Ganschow 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Kunde 
 
 Lindly 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Pincus 
 
 Pinnell 
 
 Potts 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—53. 
 Nays—0. 
 
19*22.] 
 
 C0XSTITUT10XAL CONVENTION. 
 
 535 
 
 Section 16, having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 17 was taken up and read at large. 
 
 Whereupon Mr. Gale moved that consideration be postponed. 
 
 And the motion prevailed. 
 
 Section 18 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 T»a1 I TTTrtn 1-. « /I 1 1-’ (* 11 TT m i /v 
 
 Adams 
 
 Barr 
 
 Brandon 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Corlett 
 
 Cutting 
 
 Dawes 
 
 Dupuy, G. A. 
 
 ting in* the affirmative are: 
 
 Messrs. 
 
 Elting 
 
 Hollenbeck 
 
 Mighell 
 
 Fyke 
 
 Hull 
 
 Mills 
 
 Gale 
 
 Iarussi 
 
 Moore 
 
 Ganschow 
 
 Ireland 
 
 Morris 
 
 Gee 
 
 Jack 
 
 Nichols 
 
 Gilbert 
 
 Jarman 
 
 Paddock 
 
 Goodyear 
 
 Johnson, W. A. 
 
 Pincus 
 
 Gray 
 
 Kerrick 
 
 Pinnell 
 
 Green 
 
 Kunde 
 
 Potts 
 
 Hamill 
 
 Lindly 
 
 Rinaker 
 
 Hogan 
 
 Meinert 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Yeas—5 4. 
 
 Section 18 having received the votes of a majority of the Driegates 
 elected was declared, passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20 
 At the hour of 11:05 o’clock a. m., Mr. Trautmann moved that the 
 
 Convention do now adjourn until Tuesday, March 7, 1922 at 9*00 
 o clock a. m. ’ 5 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
536 
 
 JOURNAL OF THE 
 
 [Mar. 7, 
 
 TUESDAY, MARCH 7, 1922, 9:00 O'CLOCK A. M. ' 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. A. W. Bartholomew, of the First 
 Presbyterian Church, of Kansas. 
 
 The Journal of Wednesday, March 1, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 The Convention proceeding upon the further consideration of 
 Report No. 9, of the Committee on Phraseology and Style, on the sub¬ 
 ject of Bill of Rights, section 3 thereof was again taken up. 
 
 Whereupon, Mr. Traeger offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 2. 
 
 Amend section 3 by striking out the last sentence thereof. 
 
 Pending consideration, Mr. Hamill offered the following as a sub¬ 
 stitute for Amendment No. 2, and moved its adoption: 
 
 Amend section 3, of article 9, in the last sentence by striking out the 
 words “selections from any version of the old and new testaments, without 
 comment” and inserting in lieu thereof the words “any good literature.” 
 
 And the substitute for Amendment No.* 2 was lost. 
 
 Pending discussion, at the hour of 12 :30 o’clock p. m.. Mr. Rinaker 
 moved that the Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o’Clock P. M. 
 
 The hour of 2 :00 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of Amendment No. 2, to section 3, of Report No. 9, the same 
 was again taken up. 
 
 The question being on the adoption of the amendment offered by 
 Mr. Traeger, on demand of five Delegates a call of the roll was had, re¬ 
 sulting as follows: Yeas, 16; nays, 45. 
 
 Those voting in the affirmative are: Messrs. 
 
 Clarke 
 
 Pifer 
 
 Hull 
 
 Michal 
 
 Shanahan 
 
 Corlett 
 
 Gale 
 
 Tarussi 
 
 Morris 
 
 Traeger 
 
 Cutting 
 
 Davis 
 
 Hamill 
 
 Kunde 
 
 Quinn 
 
 Trautmann 
 
 Yeas—16. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 537 
 
 Those voting in the negative are: 
 
 Adams Cruden Green 
 
 Dawes 
 De Young 
 Dunlap 
 Dupuy, G. A. 
 
 Elting 
 Fyke 
 Gee 
 Gilbert 
 
 Barr 
 Brandon 
 Brenholt 
 Carey, A. J. 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 
 Hogan 
 
 Hollenbeck 
 
 Ireland 
 
 Jack 
 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Lindly 
 
 Messrs. 
 
 Mack 
 McGuire 
 Meinert 
 Mighell 
 Miller 
 Mills 
 Moore 
 Nichols 
 Paddock 
 
 Rinaker 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Nays—45. 
 
 And the amendment was lost. 
 
 The question recurring on the adoption of section 3, a call of the 
 roil was had, resulting as follows: Yeas, 53; nays, 9. 
 
 Adams 
 Barr 
 Brandon 
 Brenholt 
 Carey, A. J. 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Cruden 
 
 Those voting in the affirmative are: 
 
 Dawes 
 De Young 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 FIfer 
 Fyke 
 Gale 
 Gee 
 Gilbert 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Lindly 
 Mack 
 
 Messrs. 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Miller , 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Messrs. 
 
 Quinn 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Trautmann 
 Warren 
 Wilson 
 Mr. President 
 
 Yeas—53. 
 
 Traeger 
 
 Cutting 
 
 Those voting in the negative are 
 
 Clarke Davis Kunde 
 
 Cortelt o Ia ™ ss ? Michal ouananan Nays—9 
 
 Section O, having received the votes of a majority of the Delegates 
 e ected was declared passed, and, under the rules, was re-referred to the 
 ommittee on Phraseology and Style for. action as provided bv Rule 30 
 
 adopted' Rmaker moved to reeonsider the vote by which section 3 was 
 Whereupon Mr. Lindley moved to lay that motion on the table 
 
 the affimative qi,eSt,0n ° D m ° tion to table ’ decided in 
 
 Section 5 was again taken up. 
 
 •i Whereupon Mr. Michal offered the following amendment and moved 
 its adoption: uvcu 
 
 Amendment No. 3. 
 
 Amend section 5 by striking out all after the word and figure “^ertinn 
 f inserting in lieu thereof the following: “The right of trill bv 
 as heretofore enjoyed shall remain inviolate, but the frial ot cdvil 
 before Justices of the Peace, by a jury of less than twelve men may be 
 authorized by law; but women shall not be eligible to serve as jurors^ 
 
 .. “£ question being on the, adoption of the amendment a division 
 
 oi the Convention was had, resulting as follows: Yeas, 16; navs, 35. 
 
 And the amendment was lost. 
 
 Mr. Miller offered the following amendment and moved its adop¬ 
 tion : 1 
 
 Amendment No. 4. 
 
 wnrru me ‘hi d sectl 0ff 5 by striking out of the last sentence the following 
 words, and verdicts not unanimous.” 
 
 And the amendment was adopted. 
 
538 journal of the [Mar. 7, 
 
 Mr. Green offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 5. 
 
 Amend section 5 by striking out, in next to the last sentence, the fol¬ 
 lowing w T ords: “but not required.” . . 
 
 The question being on the adoption of the amendment a division 
 
 of' the Convention was had, resulting as follows: Yeas, 32; nays, 2o. 
 
 And the amendment was adopted. , 
 
 Mr. Green offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 6. 
 
 Amend section 5 by striking out, in next to the last sentence, the fol¬ 
 lowing words: “Women shall be eligible to serve as jurois. 
 
 Pending discussion Mr. Green moved that further consideration ot 
 
 section 5 be postponed. 
 
 And the motion prevailed. 
 
 •Section 7 was again taken up. . T ... , * 
 
 Whereupon Mr. Cutting offered the following as a substitute tor 
 
 section 7 and moved its adoption. . . .. 
 
 Section 7. Excessive bail shall not be required. The Privilege> or•writ 
 ot habeas corpus shall not be suspended unless in cases of rebellion 
 invasion the public safety may lequire it. . , , • _e 
 
 Pending discussion Mr. Davis moved that further consideration of 
 
 section 7 be postponed. 
 
 And the motion prevailed. 
 
 Upon request of their colleagues, Delegates Whitman Dryer, Jar¬ 
 man. Pinnell, Brewster and Wall were excused from attendance at the 
 
 Convention^i^jom ^ ^ motion to reconsider the vote by which 
 
 section 10, of Report No. 11, of the Committee on Iliraseology and 
 Style, was adopted, and moved that consideration of the motion to le- 
 
 consider he postponed. 
 
 And the motion prevailed. , •1 
 
 Mr. Sutherland called up his motion to reconsider the vote by whic 
 section 1 of Report No. 11, of the Committee on Pnraseologv and Stile, 
 was adopted, and moved that consideration of the motion to reconsider 
 
 be postponed. 
 
 And the motion prevailed. . , 
 
 Mr. Sutherland called up his motion to reconsider the vote bv u hie - 
 section 8, of Report No. 11, of the Committee on lhraseology and Style, 
 
 WSS A-ncfthe question being on the motion to reconsider, it was decided 
 
 1U ^Whereupon Tr. Sutherland offered the following amendment and 
 moved its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 530 
 
 Amendment No. 42. 
 
 Amend section 8 of the report of the Committee on Phraseology and 
 Style, by striking out all after the figure 8 and substituting therefor the 
 
 following: 
 
 “The General Assembly shall not impose taxes (except the income taxes 
 heretofore authorized) in municipal corporations for corporate purposes, but 
 shall vest the corporate authorities of municipal corporations with authority 
 to assess and collect taxes for all corporate purposes such taxes to be 
 uniform as to persons and property; and shall require such corporate au¬ 
 thority to assess and collect taxes in accordance with the principles of 
 taxation fixed in this Constitution for the payment of debts contracted 
 under authority of law. Private property shall not be liable to be taken or 
 sold for payment of the corporate debts of a municipal corporation.” 
 
 Pending consideration. # at the hour of 6:55 o'clock p. in., Mr. Mills 
 moved that the Convention do now adjourn until 9 :00 o'clock a. m., to¬ 
 morrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
540 
 
 JOURNAL OF THE 
 
 [Mar. 8, 
 
 WEDNESDAY, MARCH 8, 1922, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. A. W. Bartholomew, of the First 
 Presbyterian Church, of Kansas. 
 
 The Journal of Thursday, March 2d, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was.ordered to stand approved. 
 
 The pending question at the hour of adjournment on yesterday 
 being the consideration of Amendment No. 42 to section 8, of Report 
 No. 11. of the Committee on Phraseology and Style, the same was again 
 taken up. 
 
 Whereupon Mr. Miller offered the following amendment to the 
 amendment and moved its adoption : 
 
 Amendment No. 1 to Amendment No. 42. 
 
 Amend the amendment by substituting the word “may” for the word 
 “shall” in the third line. 
 
 And the amendment to the amendment was adopted. 
 
 Mr. Clarke offered the following as a substitute for Amendment 
 No. 42, and moved its adoption: 
 
 Amend section 8 of the report of the Committee on Phraseology and 
 Style, by striking out all after the figure 8 and substituting therefor the 
 following: 
 
 “The General Assembly shall not impose taxes (except the income taxes 
 heretofore authorized) in municipal corporations for corporate purposes, but 
 may vest the corporate authorities thereof with authority to assess amd 
 collect taxes for all corporate purposes, and shall require them to assess and 
 collect taxes for the payment of debts contracted under authority of law. 
 Private property shall not be liable for such debts. All such taxes shall be 
 uniform as to persons and property.” 
 
 The question being on the adoption of the substitute for Amend¬ 
 ment No. 42, a division of the Convention was had, resulting as follows: 
 A r eas, 35; nays, 18. 
 
 And the substitute was adopted. 
 
 The question then being on the adoption of section 8, as amended, 
 a call of the roll was had, resulting as follows: Arnas, 59; nays, 1. 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Hollenbeck 
 
 McGuire 
 
 Shuey 
 
 Barr 
 
 Davis 
 
 Hull 
 
 Meinert 
 
 Smith 
 
 Beckman 
 
 Dawes 
 
 Iarussi 
 
 Michal 
 
 Sneed 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Mighell 
 
 Stahl 
 
 Brenholt 
 
 Fyke 
 
 Jack 
 
 Miller 
 
 Sutherland 
 
 Brewster 
 
 Gale 
 
 Johnson, L. C. 
 
 Mills 
 
 Taffi 
 
 Cary, C. D. 
 
 Gee 
 
 Johnson, W. A. 
 
 Moore 
 
 Traeger 
 
 Carlstrom 
 
 Gilbert 
 
 Kerrick 
 
 Morris 
 
 Trautmann 
 
 Chew 
 
 Goodyear 
 
 Kunde 
 
 Nichols 
 
 Warren 
 
 Clarke 
 
 Gray 
 
 Lill 
 
 Paddock 
 
 Wilson 
 
 Corlett 
 
 Hamill 
 
 Mack 
 
 Quinn 
 
 Mr. President 
 
 Cruden 
 
 Hogan 
 
 McEwen 
 
 Rinaker 
 
 Yeas—59 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 541 
 
 Those voting in the negative are: Mr. 
 
 Elting Nays—1. 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 The Convention proceeding upon the further consideration of Re¬ 
 port No. 9, of the Committee on Phraseology and Style, on the subject 
 of Bill of Rights, section 7 thereof was again taken up. 
 
 And the pending question being the adoption of the substitute, 
 offered by Mr. Cutting on yesterday. 
 
 The same was, by unanimous consent, withdrawn. 
 
 Whereupon Mr. Cutting offered the following as a substitute for 
 section 7, and moved its adoption: 
 
 “Section 7. Excessive bail shall not be required. All persons shall be 
 bailable by sufficient sureties except for capital offenses where the proof is 
 evident or the presumption great, and except that in the case of second or 
 repeating offenders the Court may, in its discretion refuse bail. The 
 privilege of the writ of habeas corpus shall not be suspended unless, in 
 cases of rebellion or invasion, the public safety may require it.” 
 
 Mr. Michal offered the following as an amendment to the substitute 
 
 and moved its adoption : 
 
 Amend the substitute by striking out all after the word and figure 
 “Section 7” and inserting in lieu thereof the following: 
 
 “Excessive bail shall not be required. All persons shall be bailable by 
 sufficient sureties, except for capital offenses, when the proof is evident or 
 the presumption great, and except that in the case of one 'previously con¬ 
 victed of a felony the Court may, in its discretion, refuse ball. The privi¬ 
 lege of the writ} of habeas corpus shall not be suspended unless, in cases of 
 rebellion or invasion, the public safety may require it.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of the substitute, as 
 amended, a division of the Convention was had, resulting as follows: 
 Yeas, 32; nays, 25. 
 
 And the substitute was adopted. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 7. 
 
 Amend section 7, as amended, by striking out the word “felony” and 
 inserting in lieu thereof the word “crime.” 
 
 And the amendment was adopted. 
 
 Mr. Rinaker offered the following as a substitute for section 7, as 
 amended, and moved its adoption: 
 
 “Section 7. All persons shall be bailable by sufficient sureties, except 
 
 (1) for capital offenses where the proof is evident or the presumption great, 
 
 (2) where, in the opinion of the Court the defendant is a habitual criminal, 
 
 (3) where the defendant has been previously convicted of a crime and, in 
 the opinion of the Court no bail should be taken. The privilege of the writ 
 of habeas corpus shall not be suspended, unless in cases of rebellion or in¬ 
 vasion, the public safety may require it.” 
 
 Pending discussion, at the hour of 12:35 o’clock p. m., Mr. Rinaker 
 moved that the Convention do now take a recess until 3 :00 o’clock p. m. 
 And the motion prevailed. 
 
JOURNAL OF THE 
 
 | Mar. 8, 
 
 542 
 
 3 :00 o’Clock P. M. 
 
 The hour of 3 :00 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of the substitute to section 7, offered by Mr. Rinaker, the 
 same was, by unanimous consent, withdrawn. 
 
 Mr. Cutting offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 8. 
 
 Amend section 7 by striking out the second sentence of the section. 
 
 Whereupon Mr. Michal offered the following as a substitute and 
 moved its adoption : 
 
 “All persons shall be bailable, by sufficient sureties, except for capital 
 offenses, where the proof is evident or the presumption great, and the privi¬ 
 lege of the writ of habeas corpus shall not be suspended, unless when in 
 cases of rebellion or invasion the public safety may require it.” 
 
 The question being on the adoption of the substitute it was decided 
 in the negative. 
 
 The question recurring on the adoption of Amendment Xo. 8, it 
 was decided in the affirmative. 
 
 The question then being on the adoption of section 7, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 58; nays, 6. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Corlett 
 
 Gray 
 
 Mack 
 
 Scanlan 
 
 Barr 
 
 Cutting 
 
 Green 
 
 McEwen 
 
 Shuey 
 
 Beckman 
 
 Davis 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Brandon 
 
 Dawes 
 
 Hollenbeck 
 
 Meinert 
 
 Sneed 
 
 Brenholt 
 
 De Young 
 
 Hull 
 
 Michal 
 
 Stahl 
 
 Brewster 
 
 Dunlap 
 
 Ireland 
 
 Miller 
 
 . Taff 
 
 Carey, A. J. 
 
 Dupuy, G. A. 
 
 Jack 
 
 Mills 
 
 Traeger 
 
 Cary, C. D. 
 
 Pifer 
 
 Johnson, L. C. 
 
 Moore 
 
 Trautmann 
 
 Carlstrom 
 
 Fyke 
 
 Johnson, W. A. 
 
 Nichols 
 
 Warren 
 
 Catron 
 
 Gale 
 
 Kerrick 
 
 Paddock 
 
 Wilson 
 
 Chew 
 
 Gilbert 
 
 Lill 
 
 Rinaker 
 
 Mr. President 
 
 Clarke 
 
 Goodyear 
 
 Lindly 
 
 
 Yeas—58. 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Elting 
 
 Gee 
 
 Hogan 
 
 Iarussi 
 
 Mighell 
 
 Morris 
 
 Nays—6. 
 
 Section 7, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on' Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Michal moved to reconsider the vote by which section 7 was 
 adopted. 
 
 Whereupon Mr. Cutting moved to lay that motion on the table. 
 
 And the question being on the motion to table it was decided in the 
 affirmative. 
 
 By unanimous consent Mr. Sutherland was excused from attendance 
 at the Convention on account of illness. 
 
 Section 5 was again taken up. 
 
 Whereupon Mr. Green offered the following amendment and moved 
 its adoption : 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 543 
 
 Amendment No. 9. 
 
 Amend section 5 of Report No. 9, of the Committee 
 Style, so that the same shall read as follows: 
 
 on Phraseology and 
 
 “The right of trial by jury shall remain inviolate. The General Assem¬ 
 bly may provide that women shall be eligible to serve as jurors In civil 
 cases juries of less than twelve may be authorized by law. A jury mav be 
 waived except in capital cases.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 5, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 62: nays, 2. 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carey, A. J. 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Tims 
 
 e 
 
 Cutting Gray Lill 
 
 Davis Green Lindly 
 
 Dawes Hamill Mack 
 
 De Young Hogan McEwen 
 
 Dryer Hollenbeck McGuire 
 
 Dupuy, G. A. Hull Meinert 
 
 Elting Iarussi Mighell 
 
 Fifer Ireland Miller 
 
 Fyke Jack Mills 
 
 Gale Johnson, D. C. Moore 
 
 Gee Johnson, W. A. Morris 
 
 Gilbert Kerrick Nichols 
 
 Goodyear 
 
 noting in the negative are: Messrs. 
 
 Paddock 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Taff 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas—62. 
 
 Michal Sneed 
 
 , • r , . Navs—2. 
 
 Section o, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 committee on Phraseology and Style for action as provided by Pule 20. 
 
 Section 3 was again taken up. 
 
 \\ hereupon Mr. Clarke offered the following amendment and moved 
 its adoption : 
 
 Amendment No. 10. 
 
 5 tv| Amen iTfi Cn 8 0t Report No - 9. of the Committee on Phraseology and 
 Style, so that the same shall read as follows: S ' a 
 
 Except in cases of impeachment and in cases arising in the army and 
 navy and m the militia when in actual service in time of wa? or public 
 
 1 y n ! e grlml P Tur°v n nPkf Ue ‘ d l ° f °'' a fel ° ny ullIess on indictment 
 
 A. s n JU15 f 0T j save ln capital cases) on information filed by the 
 Attorney General or the State’s Attorney by leave of a court of record of 
 
 A* gnmd^ury 1 *shall 1 consf G 1 f^ r ^ ng in such court showing probable cause. 
 
 and agfee to kek indicAent ' 6 ' 1 P6rS ° nS ’ el6Ven ° f Whom shaU be 
 
 Air. Miclial offered the following amendment to the amendment and 
 moved its adoption: 
 
 Amendment No. 1 to Amendment No. 10. 
 
 Amend Amendment No. 10, so as to read as follows: 
 
 No person shall be held to answer for a criminal offense unless on 
 indictment of a grand jury, except in cases in which the punishment is by 
 fine, or imprisonment otherwise than in the penitentiary incases of im 
 peachment, and in cases arising in the army and m vy or m the m litm 
 when in actual service in time of war or public danger" 
 
 And the amendment to the amendment was lost. 
 
 Mr Tair offered the following amendment to the amendment and 
 moved its adoption : 
 
544 
 
 JOURNAL OF THE 
 
 [ Mar. 8, 
 
 Amendment No. 2 to Amendment No. 10. 
 
 Amend Amendment No. 10 by striking out tbe last sentence thereof. 
 The question being on the adoption of the amendment to the amend¬ 
 ment, a division of the Convention was had, resulting as follows : Yeas, 
 42; nays, 1. 
 
 And the amendment to the amendment was adopted. 
 
 The question recurring on the adoption of Amendment Xo. 10, as 
 amended, it was decided in the affirmative. 
 
 The question then being on the adoption of section 8, as amended, 
 
 a call of the roll was had, resulting as follows: Yeas, 60; nays, 4. 
 
 Those 
 
 voting in 
 
 the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Rinaker 
 
 Barr 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Scanlan 
 
 Beckman 
 
 Davis 
 
 Green 
 
 Mack 
 
 Shanahan 
 
 Brandon 
 
 Dawes 
 
 Hamill 
 
 McGuire 
 
 Shuey 
 
 Brenholt 
 
 Dryer 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Brewster 
 
 Dunlap 
 
 Hull 
 
 Mighell 
 
 Stahl 
 
 Carey, A. J. 
 
 Dupuy, 
 
 G. A. Iarussi 
 
 Miller 
 
 Taft 
 
 Cary, C. D. 
 
 Elting 
 
 Ireland 
 
 Mills 
 
 Traeger 
 
 Carlstrom 
 
 Fifer 
 
 Jack 
 
 Moore 
 
 Trautmann 
 
 Catron 
 
 Fvke 
 
 Johnson, L. C. 
 
 Morris 
 
 Warren 
 
 Chew 
 
 Gale 
 
 Johnson, W. A. 
 
 Nichols 
 
 Wilson 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Paddock 
 
 Air. President 
 
 A'eas—60. 
 
 Those 
 
 voting in 
 
 the negative are: 
 
 Messrs. 
 
 
 Hollenbeck 
 
 AIcEwen Alichal 
 
 Sneed 
 
 Nays—4. 
 
 Section 8, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Hamill gave notice that on the next Convention dav. he would 
 move to reconsider the vote by which section 8 was adopted. 
 
 Section 11 was again taken up. 
 
 Whereupon Mr. Dupuy offered as a substitute section 11 of the 
 report of the Committee of the Whole, with the substitution of the word 
 “State” for the word “same,” in the last line. 
 
 And the question being on the adoption of the substitute it was 
 decided in the affirmative. 
 
 The question then being on the adoption of section 11, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 64; nays, 0. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Goodyear 
 
 Dill 
 
 Paddock 
 
 Barr 
 
 Davis 
 
 Gray 
 
 Lindly 
 
 Rinaker 
 
 Beckman 
 
 Dawes 
 
 Green 
 
 Alack 
 
 Scanlan 
 
 Brandon 
 
 De Young 
 
 Hamill 
 
 AIcEwen 
 
 Shanahan 
 
 Brenholt 
 
 Dryer 
 
 Hogan 
 
 AIcGuire 
 
 Shuey 
 
 Brewster 
 
 Dunlap 
 
 Hollenbeck 
 
 Aleinert 
 
 Smith 
 
 Carey, A. J. 
 
 Dupuy, G. A. 
 
 Hull 
 
 Alichal 
 
 Sneed 
 
 Cary, C. D. 
 
 Elting 
 
 Iarussi 
 
 Mighell 
 
 Stahl 
 
 Carlstrom 
 
 Fifer 
 
 Ireland 
 
 Miller 
 
 Trautmann 
 
 Catron 
 
 Fyke 
 
 Jack 
 
 Alills 
 
 Warren 
 
 Chew 
 
 Gale 
 
 Johnson, L. C. 
 
 Aloore 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Johnson, W. A. 
 
 Alorris 
 
 Air. President 
 
 Corlett 
 
 Gilbert 
 
 Kerrick 
 
 Nichols 
 
 Yeas—64 
 
 Nays—0. 
 
 Section 11, having received the votes of a majorit} r of the delegates 
 elected, was declared passed, and under the rules was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 13 was again taken up. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 545 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had. 
 
 resulting 
 
 as 
 
 follows: Yeas, 
 
 64; nays, 0. 
 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 
 Gray 
 
 Mack 
 
 Scanlan 
 
 Barr 
 
 Davis 
 
 
 Green 
 
 McEwen 
 
 Shanahan 
 
 Beckman 
 
 Dawes 
 
 
 Hamill 
 
 McGuire 
 
 Shuey 
 
 Brandon 
 
 De Young 
 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Brenholt 
 
 Dryer 
 
 
 Hollenbeck 
 
 Michal 
 
 Sneed 
 
 Brewster 
 
 Dunlap 
 
 
 Hull 
 
 Mighell 
 
 Stahl 
 
 Carey, A. J. 
 
 Dupuy, G. 
 
 A. 
 
 Iarussi 
 
 Miller 
 
 Traeger 
 
 Cary, C. D. 
 
 Elting 
 
 
 Jack 
 
 Mills 
 
 Trautmann 
 
 Carlstrom 
 
 Fifer 
 
 
 Johnson, L. C. 
 
 Moore 
 
 Warren 
 
 Catron 
 
 Fyke 
 
 
 Johnson, W. A. 
 
 Morris 
 
 Wilson 
 
 Chew 
 
 Gale 
 
 
 Kerrick 
 
 Nichols 
 
 Mr. President 
 
 Clarke 
 
 Gilbert 
 
 
 Lill 
 
 Paddock 
 
 Yeas—64. 
 
 Corlett 
 
 Goodyear 
 
 
 Lindly 
 
 Rinaker 
 
 Nays—0. 
 
 Section 13, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 15 was again taken up. 
 
 And the question being on the motion of Mr. Wilson to reconsider 
 the vote bv which the section was heretofore adopted. 
 
 It was decided in the affirmative. 
 
 Whereupon Mr. Mighell offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 11. 
 
 Amend section 15 by striking out the last sentence of the section. 
 
 And the question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: l r eas, 15; nays, 31. 
 
 And the amendment was lost. 
 
 Mr. Dupuy offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 12. 
 
 Amend section 15 by adding at the end thereof the following words: 
 “of the latter.” 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 15, a call of the 
 roll was had, resulting as follows: Yeas, G4; nays, 0. 
 
 Those voting in the negative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Goodyear 
 
 Lindly 
 
 Rinaker 
 
 Barr 
 
 Davis 
 
 Gray 
 
 Mack 
 
 Scanlan 
 
 Beckman 
 
 Dawes 
 
 Green 
 
 McEwen 
 
 Shanahan 
 
 Brandon 
 
 De Young 
 
 Hamill 
 
 McGuire 
 
 Shuey 
 
 Brenholt 
 
 Dryer 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Brewster 
 
 Dunlap 
 
 Hollenbeck 
 
 Michal 
 
 Sneed 
 
 Carey, A. J. 
 
 Dupuy, G. A. 
 
 Hull 
 
 Mighell 
 
 Stahl 
 
 Cary, C. D. 
 
 Elting 
 
 Iarussi 
 
 Miller 
 
 Taff 
 
 Carlstrom 
 
 Fifer 
 
 Ireland 
 
 Mills 
 
 Trautmann 
 
 Catron 
 
 Fyke 
 
 Jack 
 
 Moore 
 
 Warren 
 
 Chew 
 
 Gale 
 
 Johnson, L. C. 
 
 Morris 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Kerrick 
 
 Nichols 
 
 Mr. President 
 
 Corlett 
 
 Gilbert 
 
 Lill 
 
 Paddock 
 
 Yeas—i 
 
 Nays—0. 
 
 Section 15, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 17 was again taken up. 
 
 —35 C J 
 
546 JOURNAL of THE [Mar. 8, 
 
 Whereupon Mr. Gale offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 13. 
 
 Amend section 17 of article 9 by adding thereto the following: “And 
 the right of political parties to nominate candidates for public office in 
 such manner as they may determine shall not be abridged or denied, but 
 the method of selecting delegates to party conventions may be regulated by 
 general law.” 
 
 Mr. Michal offered the following amendment to the amendment and 
 moved its adoption: 
 
 Amendment No. 1 to Amendment No. 13. 
 
 Amend Amendment No. 13 by substituting therefor the following: “The 
 selection or nomination of candidates for all elective public offices by politi¬ 
 cal parties or groups of citizens shall; be made by caucus or convention and 
 not otherwise.” 
 
 And the amendment to the amendment was lost. 
 
 Air. Michal offered the following amendment to amendment and 
 moved its adoption: 
 
 Amendment No. 2 to Amendment No. 13.' 
 
 Amend Amendment No. 13 by inserting after the word “parties” in 
 the first line thereof, the words “or groups of citizens.” 
 
 And the amendment to the amendment was lost. 
 
 The question recurring on the adoption of Amendment Xo. 13, a 
 division of the Convention was had, resulting as follows: Yeas, 32; 
 nays, 29. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 17, as amended, 
 
 a call of the roll was 
 
 had, resulting as follows: Yeas, 30 
 
 ; nays, 32. 
 
 Those 
 
 voting in 
 
 o 
 
 the affirmative are 
 
 : Messrs. 
 
 
 Brandon 
 
 Chew 
 
 Hogan 
 
 McGuire 
 
 Paddock 
 
 Brenholt 
 
 Clarke 
 
 Hollenbeck 
 
 Meinert 
 
 Rinaker 
 
 Brewster 
 
 Flfer 
 
 Ireland 
 
 Mighell 
 
 Smith 
 
 Carey, A. J. 
 
 Fyke 
 
 Kerrick 
 
 Mills 
 
 Taff 
 
 Cary, C. D. 
 
 Gale 
 
 Lindly 
 
 Morris 
 
 Trautmann 
 
 Carlstrom 
 
 Green 
 
 McEwen 
 
 Nichols 
 
 Wilson 
 
 
 
 
 
 Yeas— 
 
 Those 
 
 voting in 
 
 the negative are: 
 
 Messrs. 
 
 
 Barr 
 
 Dryer 
 
 Gray 
 
 Johnson, W. A. 
 
 Shanahan 
 
 Beckman 
 
 Dunlap 
 
 Hamill 
 
 Lill 
 
 Shuey 
 
 Catron 
 
 Dupuy, 
 
 G. A. Hull 
 
 Mack 
 
 Stahl 
 
 Corlett 
 
 Elting 
 
 Iarussi 
 
 Michal 
 
 Traeger 
 
 Cutting 
 
 Gee 
 
 Jack 
 
 Miller 
 
 Warren 
 
 Davis 
 
 Gilbert 
 
 Johnson, L. C. 
 
 Moore 
 
 Mr. President 
 
 De Young 
 
 Goodyear 
 
 
 N-ays—: 
 
 Section 17, having received the votes of less than a majority of the 
 Delegates elected, failed to pass. 
 
 Mr. Dunlap moved to reconsider the vote by which section 17 had 
 failed to pass. 
 
 And the motion prevailed. 
 
 Thereupon Mr. Gale offered the following amendment and moved 
 its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 547 
 
 Amendment No. 14. 
 
 ° fflce ■’ the 
 
 And the amendment was lost. 
 
 tion ; Mr ■ Dunlap offerecl the following amendment and moved its adop- 
 
 Amendment No. 15. 
 
 Amend, section 17 by striking out all the words alter the word “equal.” 
 
 And the amendment was adopted. 
 
 „ Q ,, Th f l Uestl ° n a 8' a ! n on the adoption of section 17. as amended, 
 
 a call of the roll was had, resulting as follows: Yeas, 59; navs 2. 
 
 1 nose voting in the affirmative are: Messrs. 
 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carey, A. J. 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Corlett 
 
 o 
 
 Cutting 
 Davis 
 Dawes 
 De Young 
 Dryer 
 Dunlap 
 Dupuy, G. 
 Elting 
 Fyke 
 Gee 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Ireland 
 
 Jack 
 
 Johnson, L. C. 
 Johnson, W. A. 
 Dill 
 
 Lindly 
 
 Mack 
 
 McBwen 
 
 McGuire 
 
 Michal 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Taff 
 
 Traeger / 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas—59. 
 
 Gilbert 
 
 Goodyear __ rauu( 
 
 Those voting in the negative are: Messrs. 
 
 Cale Meinert 
 
 S ection 17, having received the votes of a majority of the Ddeglles 
 
 ected was declared passed, and. under the rules, was re-referred to the 
 
 T Phr f eol °gy and Style for action as provided bv Rule St)' 
 
 ventifvn t l he hoUI '° f 6:30 °’ c,ock p- m -» Mr. Miller moved that the Con- 
 mention do now take a recess until 8:00 o'clock p. m. 
 
 And the motion prevailed. 
 
 sion. 
 
 8 :00 o'Clock P. M. 
 
 At the hour of 8 :00 o’clock p. m„ the Convention resumed its ses- 
 The President presiding. 
 
 • question at the hour of taking a recess l)ein°' the con- 
 
 "ection'lO P Rel f° rt ° f the Committee 011 Phraseology and Style, 
 
 section 19 thereof was taken up and read at large. 
 
 p Mr - M , oms ra]se d the point of no quorum and thereupon a call of 
 the Convention was had, resulting as follows: Present 58 
 Those answering present were: Messrs. 
 
 Adams ~ — 
 
 Barr 
 Brandon 
 
 Brewster 
 Carey, A. J. 
 Cary, C. D. 
 Chew 
 Clarke 
 Corlett 
 Cutting 
 Dawes 
 
 De Young 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Gale 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Lill 
 Lindly 
 Mack 
 
 McBwen 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Taff 
 
 Trautmann 
 Warren 
 Wilson 
 Mr. President 
 
 present annom ^“th«t a quorum of the Convention* was 
 
548 
 
 JOURNAL OF THE 
 
 [Mar. 8, 
 
 Mr. Brandon offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 16. 
 
 Amend section 19 by adding thereto the following: “Nothing in this 
 section shall prevent the General Assembly from passing laws prohibiting 
 the inter-marriage of persons of different races.” 
 
 And the amendment was adopted. 
 
 Mr. Michal offered the following as a substitute for section 19, as 
 amended, as follows: 
 
 “Laws shall be applicable alike to all citizens, without discrimination, 
 irrespective of race or color.” 
 
 By unanimous consent, Mr. Michal withdrew his substitute and 
 offered in lieu thereof the following amendment: 
 
 Amendment No. 17. 
 
 Amend section 19 by striking out all words after the word “color ” in 
 line 3 and inserting a period thereafter. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 19, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 41; nays, IT. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 , • 
 
 Barr 
 
 De Young 
 
 Hogan 
 
 Lill 
 
 Morris 
 
 Brandon 
 
 Dunlap 
 
 Hollenbeck 
 
 Lindly 
 
 Nichols 
 
 Brenholt 
 
 Elting 
 
 Hull 
 
 Mack 
 
 Paddock 
 
 Carey, A J. 
 
 Fyke 
 
 Iarussi 
 
 McGuire 
 
 Shanahan 
 
 Chew 
 
 Gale 
 
 Ireland 
 
 Michal 
 
 Shuey 
 
 Corlett 
 
 Gilbert 
 
 Johnson, L. C. 
 
 Mighell 
 
 Smith 
 
 Cutting 
 
 Gray 
 
 Johnson, W. A. 
 
 Miller 
 
 Sneed 
 
 Davis 
 
 Green 
 
 Kerrick 
 
 Mills 
 
 Wilson 
 
 Dawes 
 
 
 
 
 Yeas—41 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Adams 
 
 Carlstrom 
 
 Goodyear 
 
 Meinert 
 
 TafE 
 
 Beckman 
 
 Clarke 
 
 Hamill 
 
 Moore 
 
 Warren 
 
 Brewster 
 
 Dryer 
 
 Jack 
 
 Stahl 
 
 Mr. President 
 
 Cary, C. D. 
 
 Gee 
 
 McEwen 
 
 
 Nays—17 
 
 Section 19, having received the votes of less than a majority of the 
 delegates elected, failed to pass. 
 
 Mr. Hamill gave notice that on the next Convention day he would 
 move to reconsider the vote by which section 19 had failed to pass. 
 
 Section 20 was taken up and read at large. 
 
 Pending roll call Mr. Einaker moved that further consideration of 
 section 20 be postponed. 
 
 And the motion prevailed. 
 
 Mr. Trautmann gave notice that on the next Convention day he 
 would move to reconsider the vote by which section 8 of Report No. 9, 
 was adopted. 
 
 At the hour of 10:10 o’clock p. m., Mr. Carlstrom moved that the 
 Convention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed.. 
 
 And the Convention stood adjourned. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 549 
 
 THURSDAY, MARCH 9, 1921, 9:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. , , 
 
 Prayer was offered by the Rev. A. W. Bartholomew, of the hixst 
 
 Presbyterian Church, of Kansas. . . , q 
 
 The Journal of Tuesday, March 7th, having been printed and 
 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 Mr. Hamill called up his motion to reconsider the vote by which 
 section 19, of Report No. 9, of the Committee on Phraseology and Style, 
 had failed to pass, and moved that further consideration of the motion 
 
 to reconsider be postponed. 
 
 And the motion prevailed. 
 
 The next order of business being the consideration ol Report A o. 
 7 of the Committee on Phraseology and Style, on the subject ol Suffrage 
 and Elections, section 1 thereof was taken up and read at large. 
 
 And the question being on the adoption of the section, a call ol die 
 
 roll was had, resulting as follows: Yeas, 56; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams Dawes G. reei ff 
 
 Barr Dryer Hamill 
 
 Beckman Dunlap Hogan 
 
 - Hollenbeck 
 
 Hull 
 Ireland 
 Jack 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Kerrick 
 Lill 
 
 Brandon 
 Brenholt 
 Brewster 
 Cazy, C. D. 
 Carlstrom 
 Chew 
 Clarke 
 Corlett 
 Cutting 
 
 Dawes 
 Dryer 
 Dunlap 
 Dupuy, G. 
 Elting 
 Fifer 
 Fyke 
 Gale 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 
 Lindly 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Taff 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas—56. 
 
 „ Nays—0. 
 
 ig Gray , ■ 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule J . 
 Section 2 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call oL the 
 roll was had, resulting as follows: Teas, 56; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 T 1 
 
 Adams 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Cutting 
 
 Dawes 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fifer 
 Fyke 
 Gale 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 Ireland 
 Jack 
 
 Johnson, L». C. 
 Johnson, W. A. 
 Kerrick 
 Lill 
 
 Lindly 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Taff 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas— 56. 
 Nays—0. 
 
550 
 
 JOURNAL OF THE 
 
 [Mar. 9, 
 
 Section 2, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 3 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 56: nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Green 
 
 Lindly 
 
 Scanlan 
 
 Barr 
 
 Dryer 
 
 Hamill 
 
 Mack 
 
 Shanahan 
 
 Beckman 
 
 Dunlap 
 
 Hogan 
 
 McGuire 
 
 Shuey 
 
 Brandon 
 
 Dupuy, G. 
 
 A. Hollenbeck 
 
 Meinert 
 
 Smith 
 
 Brenholt 
 
 Elting 
 
 Hull 
 
 Mighell 
 
 Stahl 
 
 Brewster 
 
 Fifer 
 
 Ireland 
 
 Mills 
 
 Taft 
 
 Cary, C. D. 
 
 Fyke 
 
 Jack 
 
 Moore 
 
 Trautmann 
 
 Carlstrom 
 
 Gale 
 
 Johnson, L. C. 
 
 Morris 
 
 Warren 
 
 Chew 
 
 Gee 
 
 Johnson, W. A. 
 
 Nichols 
 
 Wilson 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Paddock 
 
 Woodward 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Rinaker 
 
 Y eas—56. 
 
 Cutting- 
 
 Gray 
 
 
 
 Nays—0. 
 
 Section 
 
 3, having 
 
 received the votes of a majority of the Delegates 
 
 elected, was 
 
 declared passed, and, under the rules, was 
 
 re-referred to the 
 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 4 was taken up and read at large. 
 
 i o 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, 
 
 resulting 
 
 as 
 
 follows: Yeas, 
 
 56; nays, 0. 
 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 
 Green 
 
 Lindly 
 
 Scanlan 
 
 Barr 
 
 Dryer 
 
 
 Hamill 
 
 Mack 
 
 Shanahan 
 
 Beckman 
 
 Dunlap 
 
 
 Hogan 
 
 McGuire 
 
 Shuey 
 
 Brandon 
 
 Dupuy, G. 
 
 A. 
 
 Hollenbeck 
 
 Meinert 
 
 Smith 
 
 Brenholt 
 
 Elting 
 
 
 Hall 
 
 Mighell 
 
 Stahl 
 
 Brewster 
 
 Fifer 
 
 
 Ireland 
 
 Mills 
 
 Taff 
 
 Cary, C. D. 
 
 Fyke 
 
 
 Jack 
 
 Moore 
 
 Trautmann 
 
 Carlstrom 
 
 Gale 
 
 
 Johnson, D. C. 
 
 Morris 
 
 Wall 
 
 Chew 
 
 Gee 
 
 
 Johnson, W. A. 
 
 Nichols 
 
 Wilson 
 
 Clarke 
 
 Gilbert 
 
 
 Kerrick 
 
 Paddock 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 
 Lill 
 
 Rinaker 
 
 Y eas—5 6. 
 
 Cutting 
 
 Gray 
 
 
 
 
 Nays—0. 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 5 was taken up and read at large. 
 
 Whereupon Mr. Hamill offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 1. 
 
 Amend section 5 by striking out the words “and able to read and write 
 the English language.” 
 
 And the amendment was lost. 
 
 The question then being on the adoption of the section, a call of 
 the roll was had, resulting as follows: Yeas, 53; nays, 2. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dryer 
 
 Green 
 
 Mack 
 
 Scanlan 
 
 Barr 
 
 Dunlap 
 
 Hogan 
 
 McGuire 
 
 Shanahan 
 
 Beckman 
 
 Dupuy, G. 
 
 A. . Hollenbeck 
 
 Meinert 
 
 Shuey 
 
 Brenholt , 
 
 Elting 
 
 Hull 
 
 Mighell 
 
 Smith 
 
 Brewster 
 
 Fifer 
 
 Ireland 
 
 Mills 
 
 Stahl 
 
 Cary, C. D. 
 
 Fyke 
 
 Jack 
 
 Moore 
 
 Taft 
 
 Carlstrom 
 
 Gale 
 
 Johnson, L. C. 
 
 Morris 
 
 Trautmann 
 
 Chew 
 
 Gee 
 
 Johnson, W. A. 
 
 Nichols 
 
 Warren 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Paddock 
 
 Wilson 
 
 Cutting 
 
 Goodyear 
 
 Lill 
 
 Rinaker 
 
 Mr. President 
 
 Dawes 
 
 Gray 
 
 Lindly 
 
 
 Yeas—! 
 
1922 .] 
 
 CONSTITUTIONAL CONVEXTION. 
 
 551 
 
 Those voting in the negative are: Messrs. 
 
 Brandon Corlett . N ay fc—X 
 
 Section 5, having received the votes oi a majority ot the Delegate© 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Itule 20. 
 Mr. Clarke moved that the consideration of sections b and / be 
 
 postponed. 
 
 And the motion prevailed. 
 
 Section 8 was taken up and read at large. 
 
 Whereupon Mr. lverrick moved that consideration be postponed. 
 
 The question being on the motion to postpone, a division of the 
 Convention was had, resulting as follows: Yeas, 21; nays, 22. 
 
 And the motion prevailed. 
 
 Section 9 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call oi the 
 roll was had, resulting as follows: Yeas, 58; nays, 0. 
 
 . Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 Barr 
 
 Dawes 
 
 Green 
 
 Beckman 
 
 Dryer 
 
 Hamill 
 
 Brandon 
 
 Dunlap 
 
 Hogan 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Brewster 
 
 Elting 
 
 Hull 
 
 Cary, C. D. 
 
 Fifer 
 
 Ireland 
 
 Carlstrom 
 
 Fyke 
 
 Jack 
 
 Catron 
 
 Gale 
 
 Johnson, L. C. 
 
 Chew 
 
 Gee 
 
 Johnson, W. A. 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taft 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas—58. 
 Nays—0. 
 
 Section 9, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 The Convention proceeding upon the consideration of Report No. 
 12, of the Committee on Pharseology and Style, on the subject of Legis¬ 
 lative Department, section 1 thereof was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 57; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Barr 
 
 Dryer 
 
 Hamill 
 
 McGuire 
 
 Beckman 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Brenholt 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Brewster 
 
 Fifer 
 
 Ireland 
 
 Moore 
 
 Cary, C. D. 
 
 Fyke 
 
 Jack 
 
 Morris 
 
 Carlstrom 
 
 Gale 
 
 Johnson, L. C. 
 
 Nichols 
 
 Catron 
 
 Gee 
 
 Johnson, W. A. 
 
 Paddock 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Rinaker 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Scanlan 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taft 
 
 Trautmann 
 W arren 
 Wilson 
 Mr. President 
 
 Yeas—57. 
 Nays—0. 
 
 Section 1, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 2 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 58;. nays, 0. 
 
552 
 
 JOURNAL OF THE 
 
 [Mar. 9, 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Shanahan 
 
 Barr 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Shuey 
 
 Beckman 
 
 Dryer 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Brandon 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Sneed 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Stahl 
 
 Brewster 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Taffi 
 
 Cary, C. D. 
 
 Fifer 
 
 Ireland 
 
 Moore 
 
 Trautmann 
 
 Carlstrom 
 
 Fyke 
 
 Jack 
 
 Morris 
 
 Warren 
 
 Catron 
 
 Gale 
 
 Johnson, L. C. 
 
 Nichols 
 
 Wilson 
 
 Chew 
 
 Gee 
 
 Johnson, W. A. 
 
 Paddock 
 
 Mr. President 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Rinaker 
 
 Yeas—5 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Scanlan 
 
 Nays— 1 
 
 KJKZV L1W11 SJy iia V illg ICLCIVCU VOILO l cl axaclj oil vj 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 3 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had 
 
 , resulting as 
 
 follows: Yeas, 
 
 58; nays, 0. 
 
 
 Those v 
 
 oting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Shanahan 
 
 Barr 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Shuey 
 
 Beckman 
 
 Dryer 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Brandon 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Sneed 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Stahl 
 
 Brewster 
 
 Elting 
 
 Hull 
 
 Mills 
 
 TafE 
 
 Cary, C. D. 
 
 Fifer 
 
 Ireland * 
 
 Moore 
 
 Trautmann 
 
 Carlstrom 
 
 Fyke 
 
 Jack 
 
 Morris 
 
 Warren 
 
 Catron 
 
 Gale 
 
 Johnson, L. C. 
 
 Nichols 
 
 Wilson 
 
 Chew 
 
 Gee 
 
 Johnson, W. A. 
 
 Paddock 
 
 Mr. President 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Rinaker 
 
 Yeas—5 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Scanlan 
 
 Nays—i 
 
 o. 
 
 Section 3, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 4 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 Adams 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Cati on 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 oting in the affirmative are: 
 
 Messrs. 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Dryer 
 
 Hamill 
 
 McGuire 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Fifer 
 
 Ireland 
 
 Moore 
 
 Fyke 
 
 Jack 
 
 Morris 
 
 Gale 
 
 Johnson, L. C. 
 
 Nichols 
 
 Gee 
 
 Johnson, W. A. 
 
 Paddock 
 
 Gilbert 
 
 Kerrick 
 
 Rinaker 
 
 Goodyear 
 
 Lill 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taft 
 
 Trautmann 
 Warren 
 Wilson 
 Mr. President 
 
 Yeas—58. 
 Nays—0. 
 
 octuuu -X, Having - J ---o 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 5 was taken up and read at large. 
 
 Whereupon Mr. Clarke moved that the report of the Committee of 
 the Whole, on section 5, be substituted for section 5 of the report of the 
 Committee on Phraseology and Style. 
 
 And the question being on the adoption of the substitute it was 
 decided in the affirmative. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 tion : 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 553 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Corlett 
 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fifer 
 Fyke 
 Gale 
 Gee 
 Gilbert 
 Goodyear 
 
 Lindly 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taff 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas—58. 
 Nays—0. 
 
 Amendment No. 1. 
 
 Amend section 5, as amended, by striking out the word “to” after the 
 word “bribe,” in line 16, and inserting the word “to” after the woid indi- 
 rectly” in next line. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 5, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 58; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Cutting Gray 
 
 Dawes GreeI ?„ 
 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 Ireland 
 Jack 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Kerrick 
 
 X uuuujfcai Lill _ _ . T 1 , 
 
 Section 5, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as_ provided by Pule 20. 
 By unanimous consent consideration of section 8 was postponed. 
 Section 9 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call or the 
 roll was had, resulting as follows: Yeas, 58 ; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Gray 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 Ireland 
 Jack 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Kerrick 
 
 , t Lill 
 
 Section 9, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Pharesology and Style for action as provided bv hule J). 
 Section 10 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call ot the 
 roll was had, resulting as follows: Yeas, 58, nays, 0. 
 
 Those voting in the affirmative are: 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Corlett 
 
 Cutting 
 Dawes 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fifer 
 Fyke 
 Gale 
 Gee 
 
 Gilbert 
 Goodyear 
 
 Lindly 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Sneed 
 
 Smith 
 
 Stahl 
 
 Taff 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas—5 8. 
 Nays—0. 
 
 Messrs. 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Corlett 
 
 Cutting 
 Dawes 
 Dryer 
 Dunlap 
 Dupuy, G. 
 Elting 
 Fifer 
 Fyke 
 Gale 
 Gee 
 Gilbert 
 
 Gray 
 Green 
 Hamill 
 Hogan 
 
 A. Hollenbeck 
 Hull 
 Ireland 
 Jack 
 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Lill 
 
 Lindly 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taff 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Y eas—5 8 
 Nays—0. 
 
 Goodyear - 
 
 Section 10, having received the votes of a majority of the Delegate." 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 
 
554 
 
 JOURNAL OF THE 
 
 [Mar. 9, 
 
 Section 11 was taken np and read at large. . * 
 
 • And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 58; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Shanahan 
 
 Barr 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Shuey 
 
 Beckman 
 
 Dryer 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Brandon 
 
 Dunlap 
 
 Hog-an 
 
 Meinert 
 
 Sneed 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mig-hell 
 
 Stahl 
 
 Brewster 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Taff 
 
 Cary, C. D. 
 
 Fifer 
 
 Ireland 
 
 Moore 
 
 Trautmann 
 
 Carlstrom 
 
 Fyke 
 
 Jack 
 
 Morris 
 
 Warren 
 
 Catron 
 
 Gale 
 
 Johnson, L. C. 
 
 Nichols 
 
 Wilson 
 
 Chew 
 
 Gee 
 
 Johnson, W. A. 
 
 Paddock 
 
 Mr. President 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Rinaker 
 
 Yeas—58. 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Scanlan 
 
 Nays—0. 
 
 Section 11, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 12 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, resulting as follows: Yeas, 58; nays, 0. 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Messrs.. 
 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Shanahan 
 
 Barr 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Shuey 
 
 Beckman 
 
 Dryer 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Brandon 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Sneed 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Stahl 
 
 Brewster 
 
 Elting- 
 
 Hull 
 
 Mills 
 
 Taff 
 
 Caiy, C. D. 
 
 Fifer 
 
 Ireland 
 
 Moore 
 
 Trautmann 
 
 Carlstrom 
 
 Fyke 
 
 Jack 
 
 Morris 
 
 Warren 
 
 Catron 
 
 Gale 
 
 Johnson, L. C. 
 
 Nichols 
 
 Wilson 
 
 Chew 
 
 Gee 
 
 Johnson, W. A. 
 
 Paddock 
 
 Mr. President 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Rinaker 
 
 Y eas—o 8. 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Scanlan 
 
 Nays—0. 
 
 Section 12, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseo! ogv and Style for action as provided by Rule 20. 
 By unanimous consent consideration of section 13 was postponed. 
 Section 14 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, 
 
 resulting as 
 
 follows: Yeas, 
 
 58; nays, 0. 
 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Shanahan 
 
 Barr 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Shuey 
 
 Beckman 
 
 Dryer 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Bfandon 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Sneed 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Stahl 
 
 Brewster 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Taff 
 
 Cary, C. D. 
 
 Fifer 
 
 Ireland 
 
 Moore 
 
 Trautmann 
 
 Carlstrom 
 
 Fyke 
 
 Jack 
 
 Morris 
 
 Warren 
 
 Catron 
 
 Gale 
 
 Johnson, L. C. 
 
 Nichols 
 
 Wilson 
 
 Chew 
 
 Gee 
 
 Johnson, W. A. 
 
 Paddock 
 
 Mr. President 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Rinaker 
 
 Yeas—58. 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Scanlan 
 
 Nays—0. 
 
 Section 14, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 15 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 K fc? 
 
 DOD 
 
 Amendment No. 2. 
 
 Amend section 15 by inserting after the word “receive” the words “or 
 hold”; also by inserting after the word “any” the word “lucrative”; also by 
 striking out the words “from the Governor,” and inserting in lieu thereof 
 the words “in this State.” So that the section will read: 
 
 “Section 15. No person elected to the General Assembly shall receive or 
 hold any lucrative civil appointment in this State during the term for which 
 he is elected.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 15, as amended, 
 
 Adams 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Caylstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 oting in the affirmative are: 
 
 Messrs. 
 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Shanahan 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Shuey 
 
 Dryer 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Dunlap 
 
 Hogan 
 
 Meinert 
 
 Sneed 
 
 Dupuy, G. A. 
 
 Hollenbeck 
 
 Mighell 
 
 Stahl 
 
 Elting 
 
 Hull 
 
 Mills 
 
 Taff 
 
 Fifer 
 
 Ireland 
 
 Moore 
 
 Trautmann 
 
 Fyke 
 
 Jack 
 
 Morris 
 
 Warren 
 
 Gale 
 
 Johnson, L. C. 
 
 Nichols 
 
 Wilson 
 
 Gee 
 
 Johnson, W. A. 
 
 Paddock 
 
 Mr. President 
 
 Gilbert 
 
 Kerrick 
 
 Rinaker 
 
 Yeas—5 
 
 Goodyear 
 
 Lill 
 
 Scanlan 
 
 Nays— 1 
 
 Section 15, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Buie 20. 
 Section 23 was taken up and read at large. 
 
 Whereupon Mr. Shanahan offered the following amendment and 
 moved its adoption: . ’ 
 
 Amendment No. 3. 
 
 Amend section 23 by substituting therefor Article IV of the Constitution 
 of 1870, as follows: 
 
 “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 individual to this State or to any municipal corporation therein.” 
 
 And the amendment was adopted. 
 
 Pending roll call Mr. Green moved that further consideration of 
 section 23 be postponed. 
 
 And the motion prevailed. 
 
 Section 24 was taken up and read at large. 
 
 Pending roll call Mr. Shanahan moved that further consideration 
 of section 24 be postponed. 
 
 And the motion prevailed. 
 
 Mr. Trautmann, in accordance with his notice of yesterday, moved 
 to reconsider the vote by which section 8, of Report Xo. 9, of the Com¬ 
 mittee on Phraseology and Style, was adopted, and that further consid¬ 
 eration of the motion to reconsider be postponed. 
 
 And the motion prevailed. 
 
 The Convention proceeding on the order of reports of Standing 
 Committees, Mr. Clarke submitted the following report: 
 
556 
 
 JOURNAL OF THE 
 
 [Mar. 9, 
 
 Report No. 8. 
 
 YOUR COMMITTEE OX PHRASEOLOGY AXD STYLE, TO 
 WHICH WAS REFERRED A PROPOSAL EXTITLED CHI¬ 
 CAGO AXD COOK COUXTY (IXTRODUCTIOX XO. 385. 
 REFEREXCE XO. 17), AS AMEXDED IX COMMITTEE OF 
 THE WHOLE, RESPECTFULLY REPORTS THAT IT HAS 
 COXSIDERED SUCH PROPOSAL, AXD HEREWITH SETS 
 FORTH IX PARALLEL C'OLUMXS ARTICLE I OF SAID 
 PROPOSAL AS ADOPTED IX COMMITTEE OF THE WHOLE 
 OX THE LEFT, AXD A SUBSTITUTE THEREFOR AS RE- 
 COMMEXDED BY THIS COMMITTEE OX THE RIGHT. 
 
 Resolved, That the following shall become a part of the Constitu 
 tion of Illinois: 
 
 Section 1. Except as expressly 
 limited by law the City of Chicago 
 is hereby granted and declared to 
 possess full and complete powers of 
 local self-government and corporate 
 action for all municipal purposes. 
 The city may assess and collect 
 taxes and borrow money for cor¬ 
 porate purposes only as authorized 
 by law. 
 
 Section 2. Charter Convention. 
 The legislative authority of the City 
 of Chicago may provide for the call¬ 
 ing of an elective convention to 
 frame a city charter, or to amend 
 any existing charter, and the power 
 hereby granted shall be a continuing 
 power. The question whether a Con¬ 
 vention shall be called shall be sub¬ 
 mitted at an election held prior to 
 the election for delegates. The char¬ 
 ter framed by the Convention and 
 all amendments thereof, proposed as 
 provided therein, shall be submitted 
 to and adopted by the voters of the 
 city in the manner provided by the 
 Convention. The election laws of 
 the State and the powers and duties 
 existing thereunder may, by the leg¬ 
 islative authority of the city, or by 
 the Convention, be made available 
 
 Section 1. Except as expressly 
 prohibited by law, the City of Chi¬ 
 cago is hereby declared to possess, 
 for all municipal purposes, full and 
 complete power of local self-govern¬ 
 ment and corporate action. This 
 grant of power shall be liberally con¬ 
 strued and no power shall be denied 
 the city bj' reason of not being speci¬ 
 fied in any present or future law. 
 The city, however, may impose taxes 
 and borrow money only as authorized 
 by law. 
 
 Until otherwise provided by the 
 city charter, the powers heretofore 
 granted the city shall be preserved 
 and exercised in accordance with law 
 and the additional powers granted by 
 this article shall be exercised by, or 
 in accordance with city ordinances. 
 
 Section 2. The legislative author¬ 
 ity of the City of Chicago, from time 
 to time, and after approval of the 
 proposition at an election in such 
 manner as it may provide, may call 
 an elective convention to frame a 
 new city charter or to revise or 
 amend any existing charter. The 
 proposals of any such convention 
 shall be submitted to the voters for 
 adoption in the manner provided by 
 it. Subsequent amendments may also 
 be proposed and submitted to the 
 voters in such manner as the charter 
 may provide. State election laws 
 and the powers and duties existing 
 thereunder shall be available for the 
 purposes of this section. 
 
 The charter so framed, revised or 
 amended and ordinances passed 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 557 
 
 for the purpose of the charter. The 
 General Assembly may enact further 
 election laws in aid of this section. 
 
 Provisions of the charter, or of 
 amendments of or additions to the 
 charter, or ordinances passed in pur¬ 
 suance thereof, which relate to the 
 organization of the government of 
 the city, to the distribution of pow¬ 
 ers among its official agencies or to 
 the tenure and compensation of its 
 officials shall prevail over the stat¬ 
 utes of the State in conflict there¬ 
 with. In other matters the charter 
 or ordinances passed thereunder 
 shall conform to the State law. 
 
 A certified copy of said charter or 
 any amendment thereto shall be filed 
 with the Secretary of State within 
 thirty days after its adoption by 
 referendum vote and shall not take 
 effect until so filed. 
 
 Rates of compensation, as well as 
 conditions of appointment and pro¬ 
 motion in the civil service of the 
 city shall be determined according 
 to a general plan, which shall recog¬ 
 nize merit and fitness as controlling 
 principles. 
 
 Section 3. Eminent Domain. 
 The City of Chicago shall have 
 power to condemn private property 
 (including public utilities and the 
 privileges or licenses held in connec¬ 
 tion therewith) for public use in 
 accordance with law. The power to 
 condemn property lying outside of 
 the corporate limits shall be deter¬ 
 mined by law. 
 
 Section 4. Public Utilities. The 
 power of the city to own, acquire, 
 construct, operate or let or lease for 
 operation public utilities, or to sell 
 the same or the product or service 
 thereof, shall not be denied by law, 
 but may be reasonably regulated by 
 general law. 
 
 Section 5. The city shall be au¬ 
 thorized to join with any other mu¬ 
 nicipality, in such manner as may be 
 provided by law, for the joint con¬ 
 struction of local improvements, 
 public utilities or other local serv¬ 
 ices. 
 
 Section 6. Special Legislation and 
 Local Consent. The General Assem¬ 
 bly may enact local or special laws 
 relating to the governmental affairs 
 
 thereunder shall prevail over State 
 laws so far as the organization of 
 the City Government, the distribu¬ 
 tion of powers among its official 
 agencies, and the tenure and com¬ 
 pensation of its officers and em¬ 
 ployees are concerned. 
 
 Rates of compensation as well as 
 conditions of appointment and pro¬ 
 motion in the classified civil service 
 of the city shall be determined ac¬ 
 cording to a general plan which shall 
 recognize merit and fitness as con¬ 
 trolling principles. 
 
 Section 3. In the exercise of the 
 power of eminent domain by the City 
 of Chicago, public utilities and their 
 privileges and licenses shall be 
 deemed private property. 
 
 Section 4. The City of Chicago, 
 subject to reasonable regulation by 
 general law, may own, acquire, con¬ 
 struct, operate, sell, pledge, lease or 
 let public utilities, or buy or sell the 
 service thereof. 
 
 Section 5. (Omitted. Taken care 
 of by amendment to Section 11, of 
 Revenue Article.) 
 
 Section 6. Laws affecting the mu¬ 
 nicipal affairs of the City of Chicago 
 only may be passed but shall not 
 take effect until the city consents 
 
558 
 
 JOURNAL OF THE 
 
 [Mar. 9, 
 
 of the City of Chicago, but such 
 laws shall not become effective until 
 consented to by the city. A law 
 which at the time of its enactment 
 is applicable to the governmental 
 affairs of no other city than the City 
 of Chicago shall be deemed a local or 
 special law. 
 
 Section 7. The consent of the city 
 shall also be required for the crea¬ 
 tion or for the enlargement of any 
 municipal corporation (other than a 
 county) exercising taxing powers in 
 any part of the City of Chicago or 
 for the increase of the taxing powers 
 of any such municipal corporation 
 hereafter created or enlarged. 
 
 Section 8. The consent of the 
 city, whenever required by this Con¬ 
 stitution. shall be expressed by ordi¬ 
 nance, and the General Assembly, 
 the city council or the charter may, 
 in addition, require the submission 
 of the proposition to the voters of 
 the city. Any ordinance consenting 
 to the creation, enlargement or con¬ 
 solidation of taxing bodies as pro¬ 
 vided in this article shall not take 
 effect until ninety days after its en¬ 
 actment, and if within that period 
 either one-third of the members of 
 the legislative authority of the city 
 or five thousand voters demand its 
 submission to popular vote, it shall 
 not take effect until submitted to the 
 voters in accordance with law and 
 approved by a majority of those vot¬ 
 ing upon the question. 
 
 Section 9. Consolidation. Munici¬ 
 palities Wholly Within the City and 
 Overlapping Townships. The charter 
 framed by an elective convention as 
 herein authorized, may provide for 
 the consolidation (in whole or in 
 part) with the City of Chicago, of 
 any or all of the municipal corpora¬ 
 tions and local governments, boards 
 or authorities exercising taxing pow¬ 
 ers or any powers of government 
 confined to the territory now or here- 
 
 Section 8. The consent of the City 
 of Chicago shall be required for the 
 creation or enlargement of any mu¬ 
 nicipal corporation (except a county) 
 exercising taxing powers within the 
 city or for any increase of the tax¬ 
 ing powers of 'any such municipal 
 corporation hereafter created or en¬ 
 larged. No ordinance expressing 
 such consent shall take effect until 
 ninety days after its enactment, and 
 if within that time either 5,000 vot¬ 
 ers or one-third of the legislative 
 authority of the city petition that 
 body to submit the question at an 
 election the ordinance shall not take 
 effect until approved by a majority 
 of those voting on the question. 
 
 Section 7. The consent of the city 
 w henever required by this article 
 shall be expressed by ordinance, but 
 the General Assembly, the city char¬ 
 ter cr the ordinance may prescribe 
 in addition approval by the voters. 
 
 Sections 9, 10 and 11. Any con- 
 \ ention called under Section 2 of this 
 article or any charter framed, re¬ 
 vised or amended under that section, 
 may provide: 
 
 (a) For the consolidation with 
 the City of Chicago of any or all 
 local governments or other au¬ 
 thorities (in whole or in part) 
 now or hereafter exercising pow¬ 
 ers confined to the city limits; 
 and also that part of any township 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 559 
 
 after embraced within the limits of 
 the City of Chicago. The charter so 
 framed may also provide that where 
 any township embraces territory 
 partly within and partly without the 
 present or future limits of the city, 
 the part within the city shall be de¬ 
 tached from such township and con¬ 
 solidated with the city. Any munici¬ 
 pal corporation, local government, 
 board or authority consolidated with 
 the city shall be abolished and the 
 city shall assume all the debts and 
 liabilities and succeed to all the 
 rights and property thereof. In case 
 township government shall be con¬ 
 solidated with the city, the powers 
 of township officers, insofar as they 
 relate to the collection of taxes, shall 
 be exercised by the county treasurer, 
 until otherwise provided by law. 
 
 (partly within and partly without 
 the city) now or hereafter lying 
 within the city limits. No such 
 consolidation shall take effect un¬ 
 til the question is approved by the 
 voters of the city in the manner 
 provided by the Convention or by 
 the charter. After consolidation 
 with the city of any township (or 
 part thereof) the powers of all offi¬ 
 cers therein relating to collection 
 of taxes shall be exercised by the 
 county treasurer until otherwise 
 provided by law. 
 
 (b) For the consolidation with 
 the City of Chicago of the Sani¬ 
 tary District of Chicago and the 
 Forest Preserve District of Cook 
 County, or either of them. No 
 consolidation of either of said dis¬ 
 tricts shall take effect until ap¬ 
 proved at an election by a majority 
 of those voting on the question 
 both in the district and in the city. 
 The question of consolidation of 
 either district shall be submitted 
 to the voters thereof as a sepa¬ 
 rate proposition, and the election 
 officials responsible for conduct- 
 • ing elections therein shall submit 
 the question in the manner pro¬ 
 vided by the Convention or by the 
 charter. The city shall exercise 
 no taxing power outside its limits 
 by virtue of consolidating either 
 district. Upon consolidation of the 
 Sanitary District with the City of 
 Chicago, and until otherwise pro¬ 
 vided by law, the city shall fur¬ 
 nish without charge sewage dis¬ 
 posal or other service beyond its 
 limits in the district, to the ex¬ 
 tent then furnished by the dis¬ 
 trict; and the city may be re¬ 
 quired by law to furnish for a 
 reasonable charge increased sew¬ 
 age disposal service in such terri¬ 
 tory. 
 
 Any local government or body con¬ 
 solidated with the City of Chicago 
 under this section shall be abolished 
 and the city shall succeed to all the 
 powers, property and liabilities 
 thereof. If any consolidation pro¬ 
 posed under this section fails to be 
 approved at any election, the ques¬ 
 tion may be resubmitted from time 
 to time in the manner provided by 
 the charter. 
 
560 
 
 JOURNAL OF THE 
 
 [Mar. 9, 
 
 Section 10. Consolidation of Sani¬ 
 tary District and of Forest Preserve 
 District. The charter may also pro¬ 
 vide for the consolidation of the 
 government of the sanitary district 
 of Chicago and of the forest preserve 
 district of Cook county, or of either, 
 with the government of the City of 
 Chicago. Such consolidation shall, 
 as regards each of said districts, be 
 submitted as a separate proposition 
 to the voters of the entire district 
 and shall not become effective unless 
 the vote in its favor shall be cast by 
 a majority of the voters of the dis¬ 
 trict as well as by a majority of the 
 city, voting upon the question. The 
 charter shall prescribe the manner 
 and fix the time of submitting such 
 proposition to a vote. If such prop¬ 
 osition shall fail to be approved at 
 any election, it may thereafter be re¬ 
 submitted from time to time in such 
 manner as the charter may prescribe. 
 It shall be the duty of all election 
 officials responsible for conducting 
 elections within either of said dis¬ 
 tricts or any part thereof, to submit 
 such proposition to the voters thereof 
 in accordance with the provisions of 
 the charter. 
 
 Upon such consolidation becoming 
 effective, the title to and the control 
 and management of all the property 
 then held by the district thus con¬ 
 solidated shall be vested in the city, 
 and the city shall have all powers 
 and assume all debts and liabilities 
 of the district, but shall exercise no 
 taxing powers over territory outside 
 of the city limits by virtue of such 
 consolidation. 
 
 The word “charter,” as used in this 
 section and the preceding section, 
 shall be construed to include any 
 amendment thereof and the power 
 of consolidation hereby granted shall 
 be deemed to be a continuing power. 
 
 Section 11. After consolidation of 
 the sanitary district and until other¬ 
 wise provided by law, the city shall 
 continue to furnish to the inhabi¬ 
 tants of the territory within the 
 district as constituted at the time 
 of the consolidation, but lying be¬ 
 yond the present or future limits of 
 the city, without cost or expense to 
 them or to the municipalities within 
 such territory, sewage disposal serv¬ 
 ice to the extent furnished to them 
 by the district at that time. The 
 General Assembly shall have no 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 561 
 
 power to enlarge the obligation 
 thereby assumed by the city except 
 to require the city to furnish to the 
 inhabitants of the municipalities in 
 such territory, or any part thereof, 
 at their own cost and expense addi¬ 
 tional or increased service for sewage 
 disposal purposes. All duties or obli¬ 
 gations imposed by law at the time 
 of such consolidation for the benefit 
 of the inhabitants of such territory, 
 or any part thereof, upon the city 
 or sanitary district with respect to 
 other forms of service shall be as¬ 
 sumed by the city unless it shall be 
 relieved therefrom by the General 
 Assembly. 
 
 Section 12. Tax Rate After Con¬ 
 solidation. After consolidation in 
 whole or in part, and until a new 
 tax ■ rate shall have been established 
 by law, the city may levy, in addi¬ 
 tion to the annual general tax on 
 the property then authorized to be 
 levied, an annual tax equal to the 
 amount of the taxes caused to be ex¬ 
 tended upon the collector’s warrants 
 in the year last preceding the con¬ 
 solidation by the taxing authorities 
 so consolidated with the city. 
 
 Section 13. Park Consolidation Act 
 Preserved. The foregoing provisions 
 concerning consolidation shall not 
 affect the right of the city, acting 
 through the city council, or other¬ 
 wise, to avail itself of the provisions 
 of an Act entitled ‘ An Act to consoli¬ 
 date in the government of the City of 
 Chicago the powers and functions 
 new vested in local governments and 
 authorities within the territory of 
 said city and to make provision con¬ 
 cerning the same,” approved June 
 23th, 1915, or any amendment thereof. 
 
 Section 14. Legislative Consolida¬ 
 tion. The General Assembly may 
 provide additional or alternative 
 methods for the consolidation of local 
 governments with the City of Chi¬ 
 cago, subject to the consent of the 
 city. 
 
 Section 15. Debt Limit After Con¬ 
 solidation. The City of Chicago, in 
 the event of any one or more of the 
 municipal corporations lying wholly 
 or partly within said city becoming 
 consolidated therewith, and in the 
 
 Section 12. After any consolida¬ 
 tion authorized by the foregoing 
 section has taken effect, and until 
 a new tax rate is fixed by law, the 
 City of Chicago may levy an addi¬ 
 tional annual tax equal to the 
 amount of taxes caused to be ex¬ 
 tended by the authority so consoli¬ 
 dated upon the collector’s warrants 
 in the year last preceding consoli¬ 
 dation. 
 
 Section 13. The rights of the City 
 of Chicago under the Act for the 
 Consolidation of Local Governments, 
 approved June 29, 1915, or any 
 
 amendment thereof, are not affected 
 by this article. 
 
 Section 14. The General Assembly 
 may provide other methods for con¬ 
 solidating local authorities with the 
 City of Chicago, subject to its con¬ 
 sent. 
 
 Section 15. After any consolida¬ 
 tion authorized by this article has 
 taken effect, the City of Chicago may 
 become indebted in the aggregate 
 up to 5 per cent of the full value 
 of the taxable property therein as 
 
 —36 C J 
 
562 
 
 JOURNAL OF THE 
 
 [Mar. 9 ? 
 
 event of said city becoming liable for 
 the indebtedness of any such munici¬ 
 pal corporations, may become in¬ 
 debted to an amount (including its 
 existing indebtedness and the indebt¬ 
 edness of all municipal corporations 
 lying wholly within the limits of said 
 city, and said city’s proportionate 
 share of the indebtedness of the 
 County of Cook, the Forest Preserve 
 District of Cook County, and the 
 Sanitary District of Chicago) in the 
 aggregate not exceeding 5 per centum 
 cf the full value of the taxable prop¬ 
 erty within its limits as ascertained 
 by the last assessment for State and 
 county taxes previous to the incur¬ 
 ring of such indebtedness, but no new 
 bonded indebtedness (other than for 
 refunding purposes) shall be incurred 
 until the proposition therefor shall 
 be consented to by a majority of the 
 legal voters of said city voting upon 
 the question. The city’s proportion¬ 
 ate share of the indebtedness of the 
 County of Cook and of other munici¬ 
 pal corporations herein named shall 
 bear the same ratio of the entire in¬ 
 debtedness thereof as the value of 
 the taxable property of such munici¬ 
 pal corporations within the city bears 
 to the value of the entire taxable 
 property of such municipal corpora¬ 
 tions as ascertained by the last as¬ 
 sessment for State and county pur¬ 
 poses. 
 
 Section 16. No municipal corpo¬ 
 ration hereafter created within the 
 County of Cook having territory cov¬ 
 ering the territory of the City of 
 Chicago or any part thereof shall be 
 allowed to become indebted otherwise 
 than to the extent of its current an¬ 
 nual revenues. 
 
 Section 17. Subject to sections 8, 
 9, 10, 11 and 12 of the revenue arti¬ 
 cle, the General Assembly shall have 
 power to permit the City of Chicago 
 after the consolidation with said city 
 
 ascertained by the last assessment 
 for State and county taxes previous 
 to incurring the debt. In computing 
 such aggregate amount there shall 
 be included the existing indebted¬ 
 ness of the city, and of all munic¬ 
 ipal corporations within the city, 
 and also the city’s proportionate 
 share (determined according to valu¬ 
 ation of taxable property) of the 
 existing indebtedness of all munic¬ 
 ipal corporations partly within and 
 partly without the city. 
 
 SuGGESTIONED AS A SUBSTITUTE FOR 
 
 Section 15. 
 
 The City of Chicago may become 
 indebted in the aggregate up to 5 
 per cent of the full value of the tax¬ 
 able property therein as ascertained 
 by the last assessment for State and 
 county taxes previous to incurring 
 the debt. In computing sucn aggre¬ 
 gate amount there shall be included 
 in the indebtedness of the city, the 
 then existing indebtedness of all mu¬ 
 nicipal corporations within the city, 
 and the city’s proportionate share 
 (determined according to valuation 
 of taxable property) of the then ex¬ 
 isting indebtedness of all municipal 
 corporations (except the County of 
 Cook) partly within and partly with¬ 
 out the city. No municipal corpora¬ 
 tion -wholly or partly within the city 
 (except the County of Cook) shall 
 hereafter have its indebtedness in¬ 
 creased without the city’s consent. 
 
 Section 15*4 .The City of Chicago 
 shall incur no new bonded indebted¬ 
 ness (except for refunding purposes) 
 without the approval at an election 
 of a majority of those voting on the 
 question. 
 
 Section 16. No municipal corpor¬ 
 ation hereafter created covering any 
 part of the territory of the City of 
 Chicago shall become indebted be¬ 
 yond the amount of its current an¬ 
 nual revenues. 
 
 Section 17. After consolidation 
 with the City of Chicago of all local 
 authorities (other than the County 
 of Cook) lying wholly or partly 
 within the city, the General Assem- 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 563 
 
 of all of the municipal corporations 
 lying- wholly or partly within said 
 city, to become indebted to an amount 
 to be fixed by it in the aggregate ex¬ 
 ceeding the limit prescribed by this 
 Constitution, but such action of the 
 General Assembly shall not become 
 effective until approved by an ordi¬ 
 nance of the legislative authority of 
 the city agreed to by two-thirds vote 
 of its full membership and by a fa¬ 
 vorable vote of three-fifths of the 
 voters of the city voting upon the 
 Question. 
 
 Such an ordinance shall not be 
 adopted oftener than once in ten 
 years and the maximum limit of in¬ 
 debtedness, when so extended, shall 
 never exceed 10 per cent of the full 
 value of the taxable property within 
 the corporate limits of the City of 
 Chicago as ascertained by the last 
 assessment for State and county 
 taxes. 
 
 Such an ordinance if rejected shall 
 not be resubmitted within two years 
 from the date of such original sub¬ 
 mission. 
 
 The limit of special indebtedness 
 made possible under sections 9, 10 
 and 11 of the revenue article shall 
 in no case be increased under the 
 provisions of this section. 
 
 bly may authorize the city to be¬ 
 come indebted, in addition to the 
 debt limit prescribed elsewhere in 
 this Constitution, up to 10 per cent 
 of the full value of all taxable prop¬ 
 erty in the city as ascertained by the 
 last assessment for State and county 
 taxes. Any increase of the debt limit 
 authorized by this section shall 
 further require an ordinance passed 
 by two-thirds of those elected to the 
 Legislative Authority of the City 
 and approved at an election by three- 
 fifths of those voting on the question. 
 No such increase shall be authorized 
 oftener than once in ten years and 
 the approving ordinance if rejected 
 at the election shall not be resub¬ 
 mitted within two years. 
 
 Respectfully submitted, 
 
 Elmer L. Clarke, Chairman , 
 Trios. Rinaker, 
 
 Charles B. T. Moore, 
 
 George A. Barr, 
 
 Edward H. Brewster. 
 
 MEMORANDUM FROM COMMITTEE ACCOMPANYING 
 
 REPORT. 
 
 Your committee, under date of September 6, 1921, submitted a 
 report on this article, but under date of January 3, 1922, that report 
 was recommitted by the Convention to this committee. Your committee 
 has again carefully studied and revised the proposal as adopted in Com¬ 
 mittee of the Whole and herewith submits a revision of the article which 
 has been worked out with the assistance and co-operation of the chair¬ 
 man of the Committee on Chicago and Cook County and which has his 
 approval. 
 
 At the suggestion of the chairman of the Committee on Chicago and 
 Cook County there is submitted herewith an alternative suggestion for 
 section 15. This alternative suggestion contains certain substantive 
 
564 
 
 JOURNAL OF THE 
 
 [Mar. 9, 
 
 changes made necessary by what seem to be substantial objections to the 
 section in its present form. This section is largely taken from section 
 34 of Article IA of the Constitution of 1870, but certain changes were 
 made by the Committee of the Whole in the provision as found in the 
 present Constitution. For example, in the draft of the Committee of the 
 Whole the provisions of the section come into operation after one con¬ 
 solidation has taken effect, while in the present Constitution the section 
 does not come into effect until two consolidations have taken effect. 
 
 The real purposes of this section, when it is analyzed, seem to be 
 three-fold. (1) It is intended to give the City of Chicago (after one 
 consolidation has been effected) a debt limit based on 5 per cent of the 
 full' value of the taxable property therein as contrasted with the debt 
 limit for other municipal corporations fixed by the Revenue Article at 
 5 per cent of the assessed value. In other words, when the section comes 
 into effect—and as long as under the law the assessed value of property 
 is fixed at one-half the full value—the City of Chicago would have twice 
 the debt limit which it would have under the Revenue Article. (2) 
 The section, however, is intended to prevent “overlapping” of municipal 
 corporations in such a way as to eventually make the actual debt limit 
 of the territory within the City of Chicago considerably above 5 per cent 
 of the full value of the taxable property therein. (3) The section is in¬ 
 tended to hasten and encourage the consolidation of the various taxing 
 bodies now found within the city by making the increased debt limit 
 conditional upon the consolidation of one or more of such bodies. 
 
 An analysis of the section as it is found in the present Constitution 
 —and as it is found in the draft of the Committee of the Whole—will 
 show that these purposes are not secured to the extent desired. In the 
 first place, the City of Chicago has not succeeded in consolidating any 
 of the local governments intended to be consolidated, and in fact has not 
 attempted to consolidate any of them, although the present provision 
 has been in the Constitution since 1904. In the second j^lace, under 
 the present Constitution, and under the draft of the Committee of the 
 Whole, it is possible for the indebtedness of the territory within the City 
 of Chicago to be raised to an aggregate which is very much in excess of 
 5 per cent of the full value of the taxable property therein. This is due 
 to the fact that by “overlapping” of the Sanitary District, the Forest 
 Preserve District and various smaller municipal corporations, each with 
 a debt limit under the Constitution up to 5 per cent of the assessed 
 
 ^ ^ e ccumulated an aggregate debt for the territory 
 
 within the cit} T , (it has been estimated) of 25 per cent of the full value 
 
 of the taxable property within the city limits. Of course legislative 
 
 action would be required before that result could be accomplished, but 
 
 it should be remembered that the purpose of this section is after all a 
 
 limitation on the General Assembly. For these and other reasons this 
 
 section should be carefullv reconsidered. 
 
 */ 
 
 Tour committee has made no substantive changes in any part of the 
 article; the purpose of your committee being simply to shorten and 
 clarify the language used. Attention should be called to the fact that 
 in section 4 your committee has inserted the word “pledge,” because it 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 565 
 
 was the understanding of your committee that the Convention intended 
 to give full power to the City of Chicago over the public utilities in 
 question, including the power to mortgage such property. If this is not 
 the intention of the Convention the word “pledge” should be stricken 
 out. 
 
 Ihe report of the committee was ordered printed and the proposal 
 placed on the order of second reading. 
 
 At the hour of 11:45 o’clock a. m., Mr. Green moved that the 
 Convention do now adjourn until Tuesday, March 14, 1922, at 10:00 
 oAlock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
566 
 
 JOURNAL OF THE 
 
 [Mar. 14, 
 
 TUESDAY, MARCH 14, 1922, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Pev. J. Brainard Brown, of the First 
 Baptist Church, of Petersburg. 
 
 The Journal of Wednesday, March 8th, having been printed and 
 placed on the desks of the delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 At the hour of 10:55 o’clock a. m., Mr. Hamill moved that the 
 Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o'Clock P. M. 
 
 The hour of 2 :00 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The. President presiding. 
 
 At the hour of 2 :15 o’clock p. m., Mr. Bindley moved that the Con¬ 
 vention do now adjourn until Tuesday, April 18, 1922, at 10.00 
 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1922.] 
 
 CON ST ITUTIO X AL CON VEXTI OX. 
 
 507 
 
 TUESDAY, APRIL 18, 1922, 10 :00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 Mr. Trautmann, President pro tem., presiding. 
 
 The Journal of Thursday, March 9, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and, no corrections appearing, was ordered to stand approved. 
 
 Mr. Fyke announced the death of Colonel J. Mack Tanner, of Flora, 
 Illinois, Delegate from the Forty-second District, and on his motion the 
 following committee of fifteen Delegates was appointed to attend the 
 funeral: Messrs. Fyke, Paddock, Catron, Fifer, Moore, Mills, Lindly, 
 Trautmann, Barr, Dunlap, Gilbert, Hollenbeck, Sneed, Wall and Carl- 
 strom. 
 
 At the hour of 10:15 o’clock a. m., Mr. Paddock moved that the 
 Convention do now adjourn until Tuesday, April 25, 1922, at 10 :00 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
568 
 
 JOURNAL OF THE 
 
 [Apr. 25. 
 
 TUESDAY, APRIL 25, 1922, 10:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. J. C. Brown, of the First Methodist 
 Episcopal Church, of Bushville. 
 
 The Journal of Tuesday, April 14tli, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing was ordered to stand approved. 
 
 At the hour of 10 :50 o’clock a, m. Mr. Hamill moved that the 
 Convention do now take a recess until 3 :00 o’clock p. m. 
 
 Pending consideration Mr. Dunlap asked that a call of the Con¬ 
 vention be had to ascertain if a quorum was present, which resulted as 
 follows: Present, 49. 
 
 Those answering present were: Messrs. 
 
 Adams 
 
 Dietz 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Barr 
 
 Dunlap 
 
 Hull 
 
 Mighell 
 
 Sutherland 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Iarussi 
 
 Miller 
 
 Taft 
 
 Brewster 
 
 Elting 
 
 Ireland 
 
 Mills 
 
 Torrance 
 
 Catron 
 
 Fyke 
 
 Jack 
 
 Moore 
 
 Traeger 
 
 Clarke 
 
 Gale 
 
 Jaiman 
 
 Paddock 
 
 Trautmann 
 
 Corlett 
 
 Gilbert 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Wall 
 
 Cutting 
 
 Goodyear 
 
 Kunde 
 
 Rinaker 
 
 Wilson 
 
 Davis 
 
 Gray 
 
 Lindly 
 
 Shanahan 
 
 Mr. President 
 
 Dawes 
 
 Hamill 
 
 McGuire 
 
 Shuey 
 
 Present— 
 
 The President announced that less than a quorum of the Conven¬ 
 tion was present. 
 
 The question then being on the motion to take a recess it was de¬ 
 cided in the affirmative. 
 
 3 :00 o’Clock P. M. 
 
 The hour of 3 :00 o’clock p. m. having arrived the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 Mr. Hamill offered the following resolution and moved its adoption: 
 
 Resolution No. 37. 
 
 Resolved, That this Convention shall remain in daily session, Sunday 
 excepted, to and including the 6tli day of May, or until all proposals on 
 second reading are sooner disposed of. 
 
 Second —That there be a roll call at the opening of the morning session 
 each day. 
 
 Third —That to each delegate shown absent by the roll call on this reso¬ 
 lution for whom insufficient or no excuses have been made, the Sergeant- 
 at-Arms be instructed to send the following telegram: 
 
 “I am instructed by the Constitutional Convention to advise you that 
 
 the Convention is now in session and will continue in session except for 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 569 
 
 Sunday through May 6th and your presence is required. Please wire me 
 when you will arrive.” 
 
 Fourth —That the President be and is hereby authorized to enforce the 
 attendance of all delegates shown by any roll call to be absent and for whom 
 insufficient or no excuses are made and to that end may issue his writs and 
 order the absent delegates to he taken into custody by the Sergeant-at-Arms. 
 
 The question being on the adoption of the resolution, a call of the 
 roll was had, resulting as follows : Yeas, 52; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Hogan 
 
 Mighell 
 
 Stahl 
 
 Barr 
 
 Dietz 
 
 Hollenbeck 
 
 Miller 
 
 Sutherland 
 
 Brenholt 
 
 Dunlap 
 
 Hull 
 
 Mills 
 
 Taff 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Iarussi 
 
 Mocre 
 
 Torrance 
 
 Cary, C. D. 
 
 Elting 
 
 Ireland 
 
 Paddock 
 
 Traeger 
 
 Catron 
 
 Fyke 
 
 Jack 
 
 Pinnell 
 
 Trautmann 
 
 Clarke 
 
 Gale 
 
 Jarman 
 
 Rinaker 
 
 Wall 
 
 Coolley 
 
 Gilbert 
 
 Kunde 
 
 Shanahan 
 
 Wilson 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Shuey 
 
 Mr. President 
 
 Cutting 
 
 Gray 
 
 McGuire 
 
 Smith 
 
 Yeas—52. 
 
 Davis 
 
 Hamill 
 
 Meinert 
 
 
 Nays—0. 
 
 And the resolution was adopted. 
 
 The Convention proceeding upon the further consideration of 
 Report Yo. 12, of the Committee on Phraseology and Style, on the sub¬ 
 ject of Legislative Department, section 13 thereof was again taken up. 
 
 Whereupon Mr. Clarke offered the following as a substitute for sec¬ 
 tion 13 and moved its adoption: 
 
 Section 13. Every bill shall be read by title on three different days in 
 each House, but the rules of either House may provide for the reading of 
 bills at greater length on second or third reading. The bill and all amend¬ 
 ments thereto (except any amendment striking out the emergency clause) 
 shall be printed before final passage. When passed by both Houses the 
 bill shall be signed by the presiding officers and the fact of signing, together 
 with the fact of printing and of presentation to the Governor and the date 
 of such presentation, shall be entered upon the Journals. No act hereafter 
 passed shall embrace more than one subject and that shall be expressed in 
 the title; but any act embracing a subject not expressed in the title shall 
 be void only as to such subject. No act shall be revived by reference to 
 its title only. An act expressly amending an act shall set forth at length 
 the section or sections as amended. 
 
 No appropriation act shall take affect until the first day of July succeed¬ 
 ing its enactment and no other act shall take effect until sixty days after the 
 adjournment of the session at which it was enacted; but in case of emerg¬ 
 ency (which shall be expressed in the body of the act) the General Assembly 
 may direct otherwise, by a vote of two-thirds of its members elected to each 
 House. 
 
 The question being on the adoption of the substitute it was decided 
 in the affirmative. 
 
 Mr. Jarman offered the following amendment to section 13 and 
 moved its adoption; 
 
 Amend section 13 by inserting after the wcrd passage, in line 7, the 
 following: “No bill shall be passed or become a law and no report of any 
 Conference Committee, unless it shall have been printed and upon the desks 
 of the members at least three calendar legislative days prior to its final 
 passage.” 
 
 Pending discussion Mr. Dunlap moved that further consideration 
 of section 13 be postponed. 
 
 And the motion prevailed. 
 
 Section 16 was taken up and read at large. 
 
570 
 
 JOURNAL OF THE [Apr. 25, 
 
 Ancl the question being on the adoption of the section, a call of 
 the roll was had, resulting as follows: Yeas, 52; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dietz 
 
 Hollenbeck 
 
 Mighell 
 
 Stahl 
 
 Barr 
 
 Dunlap 
 
 Hull 
 
 Miller 
 
 Sutherland 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Iarussi 
 
 Mills 
 
 Taft 
 
 Brewster 
 
 Elting 
 
 Ireland 
 
 Mo<3re 
 
 Torrance 
 
 Catron 
 
 Fyke 
 
 Jack 
 
 Paddock 
 
 Traeger 
 
 Clarke 
 
 Gale 
 
 Jarman 
 
 Pinnell 
 
 Trautmann 
 
 Coolley 
 
 Gilbert 
 
 Johnson, B. C. 
 
 Rinaker 
 
 Wall 
 
 Corlett 
 
 Goodyear 
 
 Kunde 
 
 Shanahan 
 
 % Wilson 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Shuey 
 
 Air. President 
 
 Davis 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Yeas—52. 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 
 Nays—0. 
 
 Section 16, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to 
 the Committee on Phraseology and Style for action as provided by 
 Pule 20. 
 
 Section 17 was taken up and read at large. 
 
 Pending roll call, by unanimous consent, further consideration of 
 section 17 was postponed. 
 
 Section 18 was taken up and read at large. 
 
 Whereupon Mr. Dunlap offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 4. 
 
 The expenses of each department of State Government shall be provided 
 for in separate appropriation bills. 
 
 By unanimous consent, the foregoing amendment was withdrawn 
 for the purpose of putting it in better form. 
 
 Pending discussion, Mr. Clarke moved that further consideration 
 of section 18 be postponed. 
 
 And the motion prevailed. 
 
 Section 18 y 2 was taken up and read at large. 
 
 Whereupon Mr. Sutherland offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 5. 
 
 Amend section 18% by inserting after the word “voting” in line 4 on 
 page 75, the words “for members of the General Assembly.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of the section, as amended, 
 pending roll call Mr. Davis moved that further consideration of section 
 18i /2 be postponed. 
 
 And the motion prevailed. 
 
 Section 19 was taken up and read at large. 
 
 AA T hereupon Mr. Dawes offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 6. 
 
 Amend section 19 by adding at the end thereof the following: “But 
 the General Assembly may provide for the creation of death disability or 
 retirement funds for public employees.” 
 
 The question being on the adoption of the amendment a division 
 of the Convention was had, resulting as follows: Yeas, 23; nays, 25. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 571 
 
 Ancl the amendment was lost. 
 
 The question then being on the adoption of the section, pending 
 roll call Mr. Einaker moved that further consideration of section 19 be 
 
 potsponed. 
 
 And the motion prevailed. 
 
 Section 20 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 52 ; nays, 
 
 0 . 
 
 Messrs. 
 
 Adams 
 
 Dawes 
 
 Hogan 
 
 Mighell 
 
 Barr 
 
 'Dietz 
 
 Hollenbeck 
 
 Miller 
 
 Brenholt 
 
 Dunlap 
 
 Hull 
 
 Mills 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Iarussi 
 
 Moore 
 
 Cary, C. D. 
 
 Elting 
 
 Jack 
 
 Paddock 
 
 Catron 
 
 Fyke 
 
 J arman 
 
 Pinnell 
 
 Clarke 
 
 Gale 
 
 Johnson, L. C. 
 
 PUnaker 
 
 Coolley 
 
 Corlett 
 
 Gilbert 
 
 Kunde 
 
 Shanahan 
 
 Goodyear 
 
 Lindly 
 
 Shuey 
 
 Cutting 
 
 Davis 
 
 Gray 
 
 Hamill 
 
 McGuire 
 
 Meinert 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wilson 
 
 Mr. President 
 
 Yeas—52. 
 Nays—0. 
 
 Section 20, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 21 was taken up and read at large. 
 
 Whereupon Mr. Jarman offered the following amendments and 
 moved their adoption: 
 
 Amendment No. 7. 
 
 Amend section 21 by inserting after the words “section 21” the follow¬ 
 ing: “The general session of the General Assembly shall continue not 
 
 longer than 100 days.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Teas, 27 ; nays, 20. 
 
 And the amendment was adopted. 
 
 Amendment No. 8. 
 
 Amend section 21 by inserting after the words “one hundred days” die 
 
 following: 
 
 “Each member of the General Assembly shall receive for his services 
 not to exceed twenty dollars a day for every day he shall attend the ses¬ 
 sion, or be absent on account of his' duties as a member, and not to exceed 
 ten cents for each mile necessarily traveled for one round trip to and from 
 the seat of government, to be computed by the Auditor of Public Accounts. 
 
 So that the section shall read as follows: 
 
 “Each member of the General Assembly shall receive for his services 
 not to exceed twenty dollars a day for every day he shall attend the session, 
 or be absent on account of his duties as a member, and not to exceed ten 
 cents for each mile necessarily traveled for one round trip to and from 
 the seat of government, to be computed by the Auditor of Public Accounts. 
 The pay and mileage allowed each Senator and Representati\ e shall 30 
 certified by the presiding officer of their respective Houses, and published 
 in the Journals; and no Senator or Representative shall receive any other 
 compensation, or allowance, directly or indirectly, for any purpose whatever. 
 
 Mr. Sutherland offered the following amendment to the amendment 
 and moved its adoption: 
 
572 
 
 JOURNAL OF THE 
 
 [Apr. 25 , 
 
 Amendment No. 1 to Amendment No. 8. 
 
 Amend section 21 by adding thereto the following: “No law increasing 
 the pay or allowance of members of the General Assembly shall take effect 
 until the second regular session following its enactment.” 
 
 X"he question being on the adoption of the amendment to the amend¬ 
 ment, a division of the Convention was had resulting as follows: 
 Yeas, 20; nays, 27. 
 
 And the amendment to the amendment was lost. 
 
 The question recurring on the adoption of Amendment Yo. 8, Mr. 
 Shanahan moved that further consideration be postponed until tomorrow. 
 
 And the motion prevailed. 
 
 Mr. Hamill moved that when the Convention adjourns today it 
 stand adjourned until 9 :00 o’clock a. m. tomorrow. 
 
 And the motion prevailed. 
 
 Mr. Fyke offered the following resolution and moved its adoption: 
 
 Resolution No. 38. 
 
 Whereas, Colonel J. Mack Tanner, one of the members of the Illinois 
 Constitutional Convention, died in the city of Chicago, April 15, 1922; and 
 Whereas, Colonel Tanner, the distinguisned son of an illustrious father 
 served the people of the State of Illinois in many public capacities and in 
 his death, the State has suffered a great loss; now, therefore 
 
 Be it resolved , ly the Constitutional Convention of the State of Illinois, 
 That the members thereof express their sorrow at the death of Colonel 
 Tanner and their sympathy with the members of his family; and 
 
 Be it fui ther > esolved, That this resolution be spread on the records 
 of the Contention, that a suitably engrossed copy thereof be forwarded the 
 familt and, as a further mark of respect and affection for Colonel Tanner, 
 that the Convention do now adjourn. 
 
 The resolution was unanimously adopted by a rising vote and. in 
 accordance with the motion heretofore adopted, the Convention, at'the 
 hour of 6:45 o’clock p. m., stood adjourned until 9:00 o’clock a. m. 
 tomorrow. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 573 
 
 WEDNESDAY, APEIL 26, 1922, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. J. C. Brown, of the First Methodist 
 Episcopal Church, of Eushville. 
 
 The Journal of Tuesday, April 18th, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted on yesterday the Secre¬ 
 tary called the roll of the Convention, which resulted as follows: Pres¬ 
 ent, 60. 
 
 Those voting present are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Hollenbeck 
 
 Meinert 
 
 Stahl 
 
 Barr 
 
 Dietz 
 
 Hull 
 
 Mighell 
 
 Sutherland 
 
 Beckman 
 
 Dunlap 
 
 Ireland 
 
 Miller 
 
 Taff 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jack 
 
 Mills 
 
 Tebbens 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Moore 
 
 Torrance 
 
 Cary, C. D. 
 
 Fyke 
 
 Johnson, L. C. 
 
 Paddock 
 
 Traeger 
 
 Catron 
 
 Gale 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Trautmann 
 
 Clarke 
 
 Gilbert 
 
 Kunde 
 
 Rinaker 
 
 Wall 
 
 Coolley 
 
 Goodyear 
 
 Lindly 
 
 Shanahan 
 
 Warren 
 
 Corlett 
 
 Gray 
 
 Mayer 
 
 Shuey 
 
 Wilson 
 
 Cutting 
 
 Hamill 
 
 McEwen 
 
 Six 
 
 Wolff 
 
 Davis 
 
 Hogan 
 
 McGuire 
 
 Smith 
 
 Mr. President 
 
 Present—60. 
 
 The pending question at the hour of adjournment on yesterday 
 being the consideration of Amendment No. 8, to section 21, of Eeport 
 No. 12, of the Committee on Phraseology and St} 7 le, the same was again 
 
 taken up. 
 
 By unanimous consent Mr. Jarman withdrew all that portion of his 
 amendment after the words “public accounts” in line 9. 
 
 Mr. Trautmann offered the following amendment to Amendment 
 No. 8, and moved its adoption. 
 
 Amendment No. 2 to Amendment No. 8. 
 
 Amend the amendment now pending by striking out the following in 
 lines 2, 3 and 4: “for every day he shall attend the session or be absent on 
 account of his duties as a member,” and add in lieu thereof the following: 
 “for every day that the General Assembly is actually in session.” 
 
 And the amendment to the amendment was lost. 
 
 The question then being on the adoption of Amendment No. 8, a 
 call of the roll was had, resulting as follows: Yeas, 28; nays, 29. 
 
574 
 
 JOURNAL OF THE [Apr. 26 
 
 Those 
 
 voting in the affirmative are 
 
 : Messrs. 
 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Mighell 
 
 Shuey 
 
 Brandon 
 
 F*yke 
 
 Johnson, L. 
 
 C. Mills 
 
 Stahl 
 
 Brewster 
 
 Gale 
 
 Johnson, W. A. Moore 
 
 Taff 
 
 Cary, C. D. 
 
 Hogan 
 
 Mayer 
 
 Pinnell 
 
 Wall 
 
 Coolley 
 
 Hollenbeck 
 
 McGuire 
 
 Rinaker 
 
 Wolff 
 
 Corlett 
 
 Jack 
 
 Meinert 
 
 
 Yeas—! 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dietz 
 
 Ireland 
 
 Paddock 
 
 Traeger 
 
 Brenholt 
 
 Elting 
 
 Kunde 
 
 Six 
 
 Trautrr.ann 
 
 Catron 
 
 Gilbert 
 
 Lindly 
 
 Smith 
 
 Warren 
 
 Clarke 
 
 Goodyear 
 
 McEwen 
 
 Sutherland 
 
 Wilson 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Tebbens 
 
 Mr. President 
 
 Dawes 
 
 Hull 
 
 O’Brien 
 
 Torrance 
 
 Nays—: 
 
 And the amendment was 
 
 lost. 
 
 
 
 Mr. Jarman offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 9. 
 
 Amend section 21 bv inserting after the words “100 days” the following: 
 
 “Each member of the General Assembly shall receive for his services an 
 amount a day for every day he shall attend the session of the General Assem¬ 
 bly, or be absent on account of his duties as a member, and not to exceed 
 ten cents for each mile necessarily traveled for one round trip to and from 
 the seat of government, to be computed by the Auditor of Public Accounts.’ 
 
 And the question being on the adoption of the amendment, a 
 division of the Convention was had, resulting as follows: Yeas, 27; 
 nays, 28. 
 
 And the amendment was lost. 
 
 Mr. Jarman offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 10. 
 
 Amend section 21 by inserting after the words “100 days ’ the following. 
 
 “Each member of the General Assembly shall receive for his services not 
 more than $2,000 for each biennial period, and not to exceed 10 cents a mile 
 for each mile necessarily traveled for one round trip to and from the seat 
 of government to be computed by the Auditor of Public Accounts. 
 
 Mr. Lindly offered the following amendment to the amendment and 
 moved its adoption: 
 
 Amendment No. 1 to Amendment No. 10. 
 
 Amend Amendment No. 10 by striking out the figures “$2,000.00 ’ and 
 inserting in lieu thereof the figures “$3,500.00.” 
 
 The question then being on the adoption of Amendment No. 1 
 to Amendment No. 10, a call of the roll was had, resulting as follows: 
 
 Yeas, 16; nays, 41. 
 
 Those voting in the 
 
 Catron Gale 
 
 Davis Gilbert 
 
 Dietz Gray 
 
 Elting 
 
 affirmative are: Messrs. 
 
 Ireland Mayer 
 
 Johnson, L. C. McEWen 
 Lindly Paddock 
 
 Taff 
 
 Wall 
 
 Wolff 
 
 Yeas—16. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 575 
 
 Those voting in the negative are: Messrs. 
 
 O’Brien 
 
 Adams 
 
 Dawes 
 
 Jarman 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, 
 
 Brenholt 
 
 Fyke 
 
 Kunde 
 
 Brewster 
 
 Goodyear 
 
 McGuire 
 
 Cary, C. D. 
 
 Hamill 
 
 Meinert 
 
 Clarke 
 
 Hogan 
 
 Mighell 
 
 Coolley 
 
 Hollenbeck 
 
 Mills 
 
 Corlett 
 
 Hull 
 
 Moore 
 
 Cutting 
 
 Jack 
 
 
 Rinaker 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Whitman 
 
 Woodward 
 
 Mr. President 
 
 Nays—41. 
 
 / 
 
 a 
 
 And the amendment to the amendment was lost. 
 
 The question recurring on the adoption of Amendment Yo. 10, 
 call of the roll was had, resulting as follows: Yeas, 29; nays, 30. 
 
 Those voting in the affirmative are: Messrs. 
 
 Beckman 
 
 Cutting 
 
 Hollenbeck 
 
 McGuire 
 
 Shuey 
 
 Brandon 
 
 Elting 
 
 Jack 
 
 Meinert 
 
 Stahl 
 
 Brewster 
 
 Fyke 
 
 Jarman 
 
 Mighell 
 
 Taff 
 
 Cary, C. D. 
 
 Gale 
 
 Johnson, L. 
 
 C. Mills 
 
 Warren 
 
 Coolley 
 
 Gray 
 
 Johnson, W. A. Pinnell 
 
 Whitman 
 
 Corlett 
 
 Hogan 
 
 Mayer 
 
 Rinaker 
 
 Yeas—! 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dietz 
 
 Kunde 
 
 Paddock 
 
 Traeger 
 
 Brenholt 
 
 Dupuy, G. A l 
 
 Lindly 
 
 Shanahan 
 
 Trautmann 
 
 Catron 
 
 Gilbert 
 
 McEwen 
 
 Six 
 
 Wall 
 
 Clarke 
 
 Goodyear 
 
 Miller 
 
 Smith 
 
 Wolff 
 
 Davis 
 
 Hamill 
 
 Moore 
 
 Sutherland 
 
 Woodward 
 
 Dawes 
 
 Hull 
 
 O’Brien 
 
 Todd 
 
 Mr. President 
 
 
 
 
 
 Nays— 
 
 And 
 
 the amendment was lost. 
 
 
 
 30. 
 
 By unanimous consent, the word “general” was stricken out of 
 section 21, and the word “regular” inserted. 
 
 The question then being on the adoption of section 21, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 27; nays, 31. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Brandon 
 
 Brewster 
 
 Cary, C. D. 
 
 Coolley 
 
 Fyke 
 
 Gale 
 
 Hogan 
 
 Hollenbeck 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. Mills 
 
 Johnson, W. A. Moore 
 
 McGuire Pinnell 
 
 Meinert Rinaker 
 
 Mighell Shuey 
 
 Beckman 
 Brenholt 
 Catron 
 Clarke 
 Corlett 
 Cutting 
 Davis 
 
 Those voting in the negative are: Messrs. 
 
 Gray McEwen 
 
 Hamill Miller 
 
 Hull O’Brien 
 
 Kunde Paddock 
 
 Lindly Six 
 
 Mayer Smith 
 
 Dawes 
 
 Dietz 
 
 Dupuy, G. A. 
 Elting 
 Gilbert 
 Goodyear 
 
 Stahl 
 
 Sutherland 
 
 Taft 
 
 Wall 
 
 Warren 
 
 Teas—2 r 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wilson 
 
 Mr. President 
 
 Nays—31. 
 
 Section 21, having received the votes of less than a majority of the 
 
 Delegates elected, failed to pass. 
 
 Section 21V. was taken up and read at large. 
 
 Whereupon Mr. Sutherland offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 11. 
 
 Amend section 21% by adding thereto the following: 
 
 “No 1 law increasing the pay or other allowance of members of the Genera, 
 Assembly shall take effect until the second regular session of the General 
 Assembly next following its enactment.” 
 
 
JOURNAL OF THE 
 
 [Apr. 26, 
 
 ^ AJ Si 
 
 o7o 
 
 And the question being on the adoption of the amendment, a divi¬ 
 sion of the Convention was had, resulting as follows: Yeas, 53; nays, 0. 
 And the amendment was adopted. 
 
 Mr. Sutherland offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 12. 
 
 Amend section 21% by inserting after the figures “21%” in line one, the 
 following: 
 
 “The pay and mileage allowed each Senator and Representative shall be 
 certified by the presiding officers of their respective Houses and published in 
 the journals; and no Senator or Representative shall receive any ether com¬ 
 pensation or allowance.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 21 %, as 
 amended, a call of the roll was had, resulting as follows: Yeas, 60; 
 nays, 0. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dietz 
 
 Hull 
 
 Miller 
 
 Sutherland 
 
 Beckman 
 
 Dunlap 
 
 Ireland 
 
 Mills 
 
 Taft 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jack 
 
 Moore 
 
 Tebbens 
 
 Brenholt 
 
 Elting 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Torrance 
 
 Brewster 
 
 Fyke 
 
 Johnson, W. A. 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D. 
 
 Gale 
 
 Kunde 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Gilbert 
 
 Lindly 
 
 Rinaker 
 
 Wall 
 
 Clarke 
 
 Goodyear 
 
 Mayer 
 
 Shanahan 
 
 Warren 
 
 Coolley 
 
 Gray 
 
 McBwen 
 
 Shuey 
 
 Wilson 
 
 Corlett 
 
 Hamill 
 
 McGuire 
 
 Six 
 
 Wolff 
 
 Cutting 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Mr. President 
 
 Davis 
 
 Dawes 
 
 Hollenbeck 
 
 Mighell 
 
 Stahl 
 
 Yeas—60 
 Nays—0 
 
 Section 21%, having received the votes of a majority of the Dele¬ 
 
 gates elected, was declared passed, and, under the rules, was re-referred 
 to the Committee on Phraseology and Style for action as provided by 
 Rule 20. 
 
 Section 22 was taken up and read at large. 
 
 'Whereupon Mr. Clarke offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 13. 
 
 Amend section 22 by changing the word “and” in the fourth line to the 
 word “or” so that the second paragraph shall read: “Change the names of 
 persons or places;”. 
 
 And the amendment was adopted. 
 
 Mr. Cutting offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 14. 
 
 Amend section 22 by striking out the 6th paragraph thereof. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 22, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 56; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 577 
 
 Those voting in the affirmative are: 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 Cutting 
 
 Davis 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fyke 
 Gale 
 Gilbert 
 Goodyear 
 Gray 
 Hamill 
 Hogan 
 
 Hollenbeck 
 Hull 
 Ireland 
 Jack 
 
 Johnson, L. C. 
 
 Kunde 
 
 Lindly 
 
 Mayer 
 
 McEwen 
 
 McGuire 
 
 Mighell 
 
 Messrs. 
 
 Miller 
 
 Mills 
 
 Moore 
 
 O’Brien 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wolff 
 
 Mr. President 
 
 Yeas—56. 
 Nays—0. 
 
 Section 22, having received the votes of a majority of the Delegates 
 elected, was declared passed, and under the rules was re-referied to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 By unanimous consent, consideration of section 23 was postponed. 
 Section 24 was again taken up. 
 
 Whereupon Mr. Shanahan offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 15. 
 
 Amend section 24 by striking out the word “majority” and inserting in 
 lieu thereof the words “two-thirds vote.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 24, as amended, 
 a call of the roll was had, resulting as follows: \ eas, 53; nays 5. 
 
 Those voting in the affirmative are: 
 
 Adams 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Jack 
 
 Johnson, L. C. 
 
 Kunde 
 
 Lindly 
 
 Mayer 
 
 McEwen 
 
 McGuire 
 
 Meinert 
 
 Messrs. 
 
 Miller 
 
 Mills 
 
 Moore 
 
 O’Brien 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wolff 
 
 Mr. President 
 
 Yeas—53. 
 
 Those voting in the negative are: Messrs. 
 
 Brewster Jarman Johnson, W. A. Mighell 
 
 Taff 
 
 Nays—5. 
 
 Section 24, having ‘received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 25 was taken up and read at large. 
 
 Whereupon Mr. Mayer offered the following amendment and moved 
 
 its adoption: 
 
 Amendment No. 16. 
 
 Amend section 25 by .inserting after the word “state” the words, “or 
 political subdivision thereof.” 
 
 The question then being on the adoption of the amendment a divi¬ 
 sion of the Convention was had, resulting as follows: Teas, 25; nays, 28. 
 And the amendment was lost. 
 
 The question recurring on the adoption of section 25, a call ol the 
 roll was had, resulting as follows: Yeas, 58; nays, 0. 
 
 —37 C J 
 
578 
 
 JOURNAL OF THE 
 
 [Apr. 26, 
 
 Those 
 
 voting in the Affirmative are: 
 
 Messrs. 
 
 Adams 
 
 Dietz 
 
 Hull 
 
 Miller 
 
 Beckman 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Moore 
 
 Brenholt 
 
 Elting 
 
 Johnson, L. C 
 
 '. O’Brien 
 
 Brewster 
 
 Dyke 
 
 Johnson, W. 
 
 A. Paddock 
 
 Cary, C. D. 
 
 Gale 
 
 Kunde 
 
 Parker 
 
 Catron 
 
 Gilbert 
 
 Lindly 
 
 Pinnell 
 
 Clarke 
 
 Goodyear 
 
 Mayer 
 
 Rinaker 
 
 Coolley 
 
 Gray 
 
 McEwen 
 
 Shanahan 
 
 Corlett 
 
 Hamill 
 
 McGuire 
 
 Shuey 
 
 Cutting 
 
 Hogan 
 
 Meinert 
 
 Six 
 
 Davis 
 
 Hollenbeck 
 
 Mighell 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 TafE 
 
 Torrance 
 Traeger 
 Trautmann 
 Wall 
 Warren 
 Wolff 
 
 Mr. President 
 
 Teas—58. 
 
 ^ Nays— 0. 
 
 Section 25, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 ( ommittee on Phraseology and Style for action as provided by Rule 20. 
 Section 26 was taken up and read at large. 
 
 T\ hereupon Mr. Mayer offered the following amendment and moved 
 its adoption : 
 
 Amendment No. 17. 
 
 Amend section 26 by inserting after the end of the second paragraph 
 the following words: “No one holding public office for hire in the State or 
 any subdivision thereof or any municipality therein shall be interested in 
 an.' contract "with the State or any subdivision thereof or municipality 
 therein.” 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 26, a call of the 
 roll was had, resulting as follows: Yeas, 59; nays, 0. 
 
 Those voting in the Affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hull 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dietz 
 
 Ireland 
 
 Miller 
 
 Stahl 
 
 Beckman 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Moore 
 
 Taff 
 
 Brenholt 
 
 Elting 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Tebbens 
 
 Brewster 
 
 Gale 
 
 Johnson, W. A. 
 
 Paddock 
 
 Tra.eger 
 
 Cary, C. D. 
 
 Gilbert 
 
 Kunde 
 
 Parker 
 
 Trautmann 
 
 Catron 
 
 Goodyear 
 
 Lindly 
 
 Pinnell 
 
 Wall 
 
 Clarke 
 
 Gray 
 
 Mayer 
 
 Rinaker 
 
 Warren 
 
 Coolley 
 
 Hamill 
 
 McEwen 
 
 Shanahan 
 
 Wolff 
 
 Corlett 
 
 Hogan 
 
 McGuire 
 
 Shuey 
 
 Mr. President 
 
 Cutting 
 
 Hollenbeck 
 
 Meinert 
 
 Six 
 
 Yeas— 
 
 . . Nays—0. 
 
 Section 26, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 At the hour of 12 :40 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o'Clock P. M. 
 
 9 
 
 The hour of 2 :00 o’clock p. m. having arrived, the Convention 
 resumed its session. 
 
 The President presiding. 
 
 Section 27 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 57; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONTENTION. 
 
 579 
 
 Those voting in the Affirmative are: Messrs. 
 
 Adams 
 Barr 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Clarke 
 Coolley 
 Corlett 
 Cutting 
 Davis 
 Dawes 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Biting 
 
 Fyke 
 
 Gale 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—57. 
 Nays—0. 
 
 Hull Miller 
 
 Ireland Mills 
 
 Jack Moore 
 
 Jarman Paddock 
 
 Johnson, L. C. Parker 
 Johnson, W. A. Pinnell 
 Lindly Shanahan 
 
 Mayer Shuey 
 
 McEwen Six 
 
 McGuire Smith 
 
 Meinert Stahl 
 
 Section 27, having received the votes of a majority of the delegate, 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule ~0. 
 
 Section 28 was taken up and read at large 
 
 And the question being on the adoption of the section, a call ot the 
 
 roll was had, resulting as follows: Yeas, 58; nays, 0. 
 
 • * ^ Messrs. . 
 
 Hollenbeck Mighell 
 Hull Miller 
 
 Ireland Mills 
 
 Jack Moore 
 
 Jarman Paddock 
 
 Johnson, L. C. Parker 
 Johnson, W. A. Pinnell 
 
 Lindly 5£ nak £ r 
 
 Mayer Shanahan 
 
 McEwen Shuey 
 
 McGuire Six. 
 
 nogan Meinert Smith 
 
 Section 28, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-re rrec o e 
 Committee on Phraseology and Style for action as provided by Rule 2U. 
 Section 29 was taken np and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
 VV CIO -L-LGlVAj a. vu -- 
 
 Those voting in the Affirmative are: 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Clarke 
 Coolley 
 Corlett 
 Cutting 
 Davis 
 
 Dawes 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fyke 
 Gale 
 Gilbert 
 Goodyear 
 Gray 
 Hamill 
 Hogan 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Traeger 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—58. 
 Nays—0. 
 
 Amendment No. 18. 
 
 Amend the next to the last paragraph of section 29 by inserting m the 
 last line of said paragraph after the word “State” a comma and the wo 
 “any political subdivision thereof”; so that the paragraph will read. 
 
 “Organizing drainage districts having powers of eminent domain and 
 special Assessment for flood control or for sanitary or agricultural Purposes, 
 the expense of such districts to be paid for m whole ( or m part by the Sta , 
 any political subdivision thereof, or by the district. 
 
 And the amendment was adopted. 
 
 Mr. Taff offered the following amendment and moved its adoption; 
 
 Amendment No. 19. 
 
 Amend section 29 by striking out the following words: “The expense of 
 such districts to be paid for in whole or part by the State or the district. 
 
 And the amendment was lost. 
 
 Mr. Dunlap offered the following amendment and moved its adop¬ 
 tion : 
 
580 
 
 JOURNAL OF THE 
 
 [Apr. 26, 
 
 Amendment No. 20. 
 
 Amend section 29 in line 12 after the words “eminent domain” by in¬ 
 serting a comma and the word “taxation.” 
 
 Pending discussion Mr. Hamill moved that section 29, together with 
 the pending amendment be recommitted to the Committee on Phrase¬ 
 ology and Style. 
 
 And the motion prevailed. 
 
 Section 30 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 Adams 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cutting 
 
 ng in the Affirmative are: 
 
 Messrs. 
 
 Dawes 
 
 Ireland 
 
 Miller 
 
 Dietz 
 
 Jack 
 
 Mills 
 
 Dunlap 
 
 Jarman 
 
 Moore 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Elting 
 
 Johnson, W. A. Paddock 
 
 Dyke 
 
 Kunde 
 
 Parker 
 
 Gale 
 
 Lindly 
 
 Pinnell 
 
 Gilbert 
 
 Mayer 
 
 Shanahan 
 
 Goodyear 
 
 McEwen 
 
 Six 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Hollenbeck 
 
 Hull 
 
 Mighell 
 
 Stahl 
 
 Those voting in the negative are: Messrs. 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Teas—57. 
 
 Davis Hamill Rinaker Nays_3. 
 
 Section 30, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 31 was taken up and read at large. 
 
 Whereupon Mr. Davis offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 21. 
 
 Amend section 31 by inserting after the word “for” and before the word 
 “taxation” the following words, “or exempted from.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 31, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 58; nays, 1. 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hollenbeck 
 
 Mighell 
 
 Stahl 
 
 Barr 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Taff 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Torrance 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Parker 
 
 Traeger 
 
 Brewster 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Cary, C. D. 
 
 FVke 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Wall 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Shanahan 
 
 Warren 
 
 Clarke 
 
 Goodyear 
 
 Lindly 
 
 Shuey 
 
 Wilson 
 
 Coolley 
 
 Gray 
 
 Mayer 
 
 Six 
 
 Wolff 
 
 Corlett 
 
 Hamill 
 
 McEwen 
 
 Smith 
 
 Mr. President 
 
 Cutting 
 
 Hogan 
 
 McGuire 
 
 
 Yeas— 
 
 Those voting in the negative are: Mr. 
 
 O’Brien Nays—1. 
 
 Section 31, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 581 
 
 By unanimous consent, upon his request, Mr. Gilbert was excused 
 from attendance at the Convention for the balance of today and tomor¬ 
 rows sessions. 
 
 Section 32 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 22. 
 
 Amend section 32 by striking out all after the word “compensation” and 
 substituting in lieu thereof the following: “but such interest shall attach 
 only to the fund accumulated and shall impose no obligation upon the State 
 to create or maintain such fund.” 
 
 So that the section will read: Section 32. Any public officer or em¬ 
 ploye or his beneficiary may be given by law a vested interest in the accumu¬ 
 lated portion of any death, disability or retirement fund to which he is re¬ 
 quired by law to contribute a part of his compensation; but such interest 
 shall attach only to the fund accumulated, and shall impose no obligation 
 upon the State to create or maintain such fund. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 32, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 53; nays, - 10. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 McGuire 
 
 Stahl 
 
 Barr 
 
 Dawes 
 
 Hull 
 
 Meinert 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Ireland 
 
 Miller 
 
 Tebbens 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, L. 
 
 C. O’Brien 
 
 Traeger 
 
 Brewster 
 
 Elting 
 
 Johnson, W. A. Paddock 
 
 Trautmann 
 
 Catron 
 
 Fyke 
 
 Kunde 
 
 Parker 
 
 Wall 
 
 Clarke 
 
 Gale 
 
 Latchford 
 
 Shanahan 
 
 Wilson 
 
 Coolley 
 
 Garrett 
 
 Lindly 
 
 Six 
 
 Wolff 
 
 Corlett 
 
 Gray 
 
 Mayer 
 
 Smith 
 
 Mr. President 
 
 Cutting 
 
 Hamill 
 
 McEwen 
 
 
 Yeas—53 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Cary, C. D. 
 
 Jarman 
 
 Mills 
 
 Pinnell 
 
 Taff 
 
 Goodyear 
 
 Mighell 
 
 Nichols 
 
 Rinaker 
 
 Warren 
 
 Nays—10. 
 
 Section 32, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 33 was taken up and read at large. 
 
 Whereupon Mr. Mayer offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 23. 
 
 Amend section 33 by adding thereto the following: 
 
 “If such proposed amendment has been submitted to a vote of the people 
 such vote shall control the General Assembly or Convention that passes upon 
 such proposed amendment.” 
 
 Pending discussion Mr. Hamill moved that further consideration of 
 section 33, together with the pending amendment, be postponed. 
 
 The question being on the motion to postpone, a division of the 
 Convention was had, resulting as follows: Yeas, 27; nays, 32. 
 
 And the motion to postpone was lost. 
 
 Mr. Sutherland moved to lay Amendment No. 23 to section 33 on 
 
 the table. 
 
582 
 
 JOURNAL OF THE 
 
 [Apr. 26, 
 
 And the question being on the motion to table, a division of the 
 Convention was had, resulting as follows: Yeas, 27; nays, 24. 
 
 The motion prevailed. 
 
 And Amendment Yo. 23 was ordered to lie on the table.' 
 
 The question then being on the adoption of section 33, a call of the 
 roll was had, pending which Mr. Davis moved that further consideration 
 of the section be postponed. 
 
 And the motion was lost. 
 
 The roll being continued resulted as follows: Yeas, 17; nays, 43. 
 Those voting in the Affirmative are: Messrs. 
 
 Adams 
 
 Catron 
 
 Garrett 
 
 Hamill 
 
 Moore 
 
 Beckman 
 
 Clarke 
 
 Goodyear 
 
 Lindly 
 
 Sutherland 
 
 Brandon 
 
 Coolley 
 
 Grey 
 
 Mayer 
 
 Trautmann 
 
 Brenholt 
 
 Dietz 
 
 
 
 Yeas—17, 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Barr 
 
 F*yke 
 
 Kunde 
 
 Paddock 
 
 Tebbens 
 
 Brewster 
 
 Gale 
 
 Latchford 
 
 Parker 
 
 Torrance 
 
 Cary, C. D. 
 
 Hogan 
 
 McEwen 
 
 Pinnell 
 
 Traeger 
 
 Corlett 
 
 Hollenbeck 
 
 McGuire 
 
 Hinaker 
 
 Wall 
 
 Cutting 
 
 Ireland 
 
 Meinert 
 
 Six 
 
 Warren 
 
 Dawes 
 
 Jack 
 
 Mighell 
 
 Smith 
 
 Wilson 
 
 Dunlap 
 
 Jarman 
 
 Miller 
 
 Stahl 
 
 Wolff 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Mills 
 
 Taff 
 
 Mr. President 
 
 Elting 
 
 Johnson, W. A. 
 
 Nichols 
 
 
 Nays—43 
 
 Section 33, having received the votes of less than 
 
 a majority of the 
 
 delegates elected, failed to pass. 
 
 The Convention proceeding upon the consideration of Report Yo. 7, 
 of the Committee on Phraseology and Style, on the subject of Suffrage 
 and Elections, section 6 thereof was taken up and read at large. 
 
 Whereupon Mr. Trautmann offered the following amendment and 
 
 moved its adoption: 
 
 Amendment No. 2. 
 
 Amend section 6 by inserting before the word “Tuesday” in line 3 
 thereof the word “first.” 
 
 And the amendment was adopted. 
 
 Mr. Davis moved that debate be now closed and that the Convention 
 
 proceed to vote. 
 
 And the motion prevailed. 
 
 The question then being on the adoption of section 6, as amended. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 * 
 
 Adams 
 
 Dietz 
 
 Ireland 
 
 Mills 
 
 Stahl 
 
 Beckman 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Taff 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Nichols 
 
 Torrance 
 
 Brenholt 
 
 Elting 
 
 Johnson, L. C. 
 
 Paddock 
 
 Traeger 
 
 Brewster 
 
 F*yke 
 
 Johnson, W. A. 
 
 Parker 
 
 Trautmann 
 
 Cary, C. D. 
 
 Gale 
 
 Lindly 
 
 Pinnell 
 
 Wall 
 
 Catron 
 
 Garrett 
 
 McEwen 
 
 Rinaker 
 
 Warren 
 
 Clarke 
 
 Goodyear 
 
 McGuire 
 
 Shanahan 
 
 Wilson 
 
 Coolley 
 
 Cutting 
 
 Gray 
 
 Hogan 
 
 Meinert 
 
 Mighell 
 
 Shuey 
 
 Six 
 
 Wolff 
 
 Mr. President 
 
 Dawes 
 
 Hollenbeck 
 
 Miller 
 
 Smith 
 
 Yeas—! 
 
 Those voting in the negative are: Messrs. 
 
 
 Barr 
 
 Davis 
 
 Kunde 
 
 O’Brien 
 
 Tebbens 
 
 Corlett 
 
 Hamill 
 
 Mayer 
 
 Sutherland 
 
 Nays— 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 583 
 
 Section 6, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 7 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had. 
 
 , resulting as 
 
 follows: Yeas, 
 
 62; nays, 0. 
 
 
 Those v 
 
 oting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Sutherland 
 
 Barr 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Taft 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Nichols 
 
 Tebbens 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Torrance 
 
 Brenholt 
 
 Elting 
 
 Johnson, W. A. Paddock 
 
 Traeger 
 
 Brewster 
 
 Fyke 
 
 Kunde 
 
 Parker 
 
 Trautmann 
 
 Cary, C. D. 
 
 Gale 
 
 Latchford 
 
 Pinnell 
 
 Wall 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Warren 
 
 Clarke 
 
 Goodyear 
 
 Mayer 
 
 Shuey 
 
 Wilson 
 
 Coolley 
 
 Gray 
 
 McEwen 
 
 Six 
 
 WolfC 
 
 Corlett 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Mr. President 
 
 Cutting 
 
 Hogan 
 
 Meinert 
 
 Stahl 
 
 Y eas—6 2, 
 
 Davis 
 
 Hollenbeck 
 
 .Migheli 
 
 
 Nays—0 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 8 was again taken up. 
 
 Whereupon Mr. G-. A. Dupuy offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 3. 
 
 Amend section 8 by striking out the word “may” in line 2 and inserting 
 in .lieu thereof the word “shall.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 8, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 10; nays, 52. 
 Those voting in the affirmative are: Messrs. 
 
 Dawes Dupuy, G. A. Jack Meinert Mills 
 
 Dietz Hollenbeck Lindly Mighell Moore 
 
 Yeas—10. 
 
 Those voting in the negative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Ireland 
 
 Nichols 
 
 Taff 
 
 Barr 
 
 Davis 
 
 Jarman 
 
 Paddock 
 
 Tebbens 
 
 Beckman 
 
 Dunlap 
 
 Johnson, L. C. 
 
 Parker 
 
 Torrance 
 
 Brandon 
 
 Elting 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Traeger 
 
 Brenholt 
 
 Fyke 
 
 Kunde 
 
 Rinaker 
 
 Trautmann 
 
 Brewster 
 
 Gale 
 
 Latchford 
 
 Shuey 
 
 Wall 
 
 Cary, C. D. 
 
 Garrett 
 
 Mayer 
 
 Six 
 
 Warren 
 
 Catron 
 
 Goodyear 
 
 McEwen 
 
 Smith 
 
 Wilson r> 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Stahl 
 
 Wolff 
 
 Coolley 
 
 Hamill 
 
 Miller 
 
 Sutherland 
 
 Mr. President 
 
 Corlett 
 
 Hogan 
 
 
 
 Nays—52. 
 
 Section 
 
 8, having received the votes of less than a 
 
 majority of the 
 
 Delegates elected, failed to pass. 
 
 The Convention proceeding upon the consideration of Report No. 
 6, of the Committee on Phraseology and Style, on the subject of Cor¬ 
 porations, section 1 thereof was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 61; nays, 0. 
 
584 
 
 JOURNAL OF THE 
 
 [Apr. 26, 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Hull 
 
 Mighell 
 
 Dietz 
 
 Ireland 
 
 Miller 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Moore 
 
 Elting 
 
 Johnson, L. C. 
 
 Nichols 
 
 Fyke 
 
 Johnson, W. A. 
 
 Paddock 
 
 Gale 
 
 Kunde 
 
 Parker 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Goodyear 
 
 Mayer 
 
 Shuey 
 
 Gray 
 
 McEwen 
 
 Six 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Hogan 
 
 Meinert 
 
 Stahl 
 
 Hollenbeck 
 
 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr* President 
 
 Yeas—61. 
 Nays—0. 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 2 was taken up and read at large. 
 
 Whereupon Mr. Cutting moved that the report of the Committee 
 of the Whole, on section 2, be substituted for section 2 of the report 
 
 of the Committee on Phraseology and Style. 
 
 Pending discussion, Mr. Fyke moved that further consideration of 
 section 2, together with the pending amendment be postponed until next 
 Wednesday. 
 
 And the motion was lost. 
 
 Mr. Lindly moved that further consideration of section 2, together 
 with the pending amendment be postponed. 
 
 And the motion prevailed. 
 
 Section 3 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 was had, resulting as follows: Yeas, 63; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 roll 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 Cutting 
 Davis 
 
 Dawes 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 
 Fyke 
 Garrett 
 Goodyear 
 Gray 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 
 Ireland 
 Jack 
 Jarman 
 Johnson, L. C. 
 Johnson, W. J 
 Kunde 
 Latchford 
 Lindly 
 Mayer 
 McEwen 
 McGuire 
 Meinert 
 Mighell 
 
 Miller 
 Mills 
 Moore 
 Nichols 
 O’Brien 
 Paddock 
 Parker 
 Pinnell 
 Rinaker 
 Shanahan 
 Shuey 
 Six 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—63. 
 Nays—0. 
 
 Section 3, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 4 was taken up and read at large. 
 
 Pending roll call Mr. Dawes moved that further consideration oi 
 
 section 4 be postponed. 
 
 And the motion prevailed. 
 
 Section 5 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call ot the 
 roll was had, resulting as follows: Yeas, 63; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 585 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 Cutting 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dupuy, G. A. 
 Elting 
 Fyke 
 Gale 
 Garrett 
 Goodyear 
 Gray 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 
 Ireland 
 Jack 
 Jarman 
 Johnson, L. C. 
 Johnson, W. 1 
 Kunde 
 Latchford 
 Lindly 
 Mayer 
 McEwen 
 McGuire 
 Meinert 
 
 Miller 
 Mills 
 Moore 
 Nichols 
 O’Brien 
 Paddock 
 Parker 
 Pinnell 
 Rinaker 
 Shanahan 
 Shuey 
 Six 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wolff 
 
 Mr. President 
 
 Yeas—63. 
 Nays—0. 
 
 Mighell 
 
 Section 5, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules was re-referred to the 
 Committee on Phraseology and Style for action, as provided b) r Pule 20. 
 
 Section 6 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 63; nays, 0. 
 
 Those voting in the affirmative are: 
 
 Hull 
 Ireland 
 Jack 
 Jarman 
 Johnson, L. C 
 Johnson, W. 
 
 Kunde 
 Latchford 
 Lindly 
 Mayer 
 McEwen 
 
 McGuire - - 
 
 xiuiiciiowin. Meinert Smith Nays—0. 
 
 Section 6, having received the votes of a majority of the delegates 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 7 was taken up and read at large. 
 
 Whereupon JVIr. Fyke offered, the following <is & substitute for sec 
 tion 7 and moved its adoption: 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 Cutting 
 Davis 
 
 Dawes 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fyke 
 Gale 
 Garrett 
 Goodyear 
 Gray 
 Hamill 
 Hogan 
 Hollenbeck 
 
 Messrs. 
 
 Mighell 
 
 Stahl 
 
 Mills 
 
 Sutherland 
 
 Moore 
 
 Taff 
 
 Nichols 
 
 Tebbens 
 
 O’Brien 
 
 Torrance 
 
 .. Paddock 
 
 Traeger 
 
 Parker 
 
 Trautmann 
 
 Pinnell 
 
 Wall 
 
 Rinaker 
 
 Warren 
 
 Shanahan 
 
 Wolff 
 
 Shuey 
 
 Mr. President 
 
 Six 
 
 Yeas—6 
 
 Smith 
 
 Nays—' 
 
 Amendment No. 1. 
 
 Amend section 7 of Report No. 6 of the Committee on Phraseology and 
 Style (being the article on Corporations) by striking out all after the figure 
 
 “7” and inserting in lieu thereof the following: . . 
 
 “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 that company, in accordance 
 with the provisions of the charter of said company, approved February tenth 
 in the year of our Lord One Thousand Eight Hundred and Fifty-one, shall 
 ever be released, suspended, modified, altered, remitted, or in any manner 
 diminished or impaired by legislative or other authority; and all moneys 
 derived from that 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 purpose whatever. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 7, as amended, 
 a call of the roll was had, resulting as follows: Teas, 64, nays, 0. 
 
586 
 
 JOURNAL OF THE [Apr. 26, 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Hull 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dietz 
 
 Ireland 
 
 Miller 
 
 Stahl 
 
 Beckman 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Moore 
 
 Taff 
 
 Brenholt 
 
 Elting 
 
 Johnson, L. C. 
 
 Nichols 
 
 Tebbens 
 
 Brewster 
 
 Fyke 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Torrance 
 
 Cary, C. D. 
 
 Gale 
 
 Kunde 
 
 Paddock 
 
 Traeger 
 
 Catron 
 
 Garrett 
 
 Latchford 
 
 Parker 
 
 Trautmann 
 
 Clarke 
 
 Goodyear 
 
 Lindly 
 
 Pinnell 
 
 Wall 
 
 Coolley 
 
 Gray 
 
 Mayer 
 
 Rinaker 
 
 Warren 
 
 Corlett 
 
 Hamill 
 
 McEwen 
 
 Shanahan 
 
 Wolff 
 
 Cutting 
 
 Hogan 
 
 McGuire 
 
 Shuey 
 
 Mr. President 
 
 Davis 
 
 Hollenbeck 
 
 Meinert 
 
 Six 
 
 Yeas—64. 
 
 . Nays—0. 
 
 Section 7, having received the votes of a majority of the delegates 
 elected, was declared passed, and, nnder the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Sections 8 and 9, combined, were taken up and read at large. 
 
 thereupon Mr. Jarman moved that the report of the Committee of 
 the* Whole, on sections 8 and 9, be substituted for sections 8 and 9 com¬ 
 bined, of the report of the Committee on Phraseology and Style. 
 
 And the motion was lost. 
 
 Mr. Sutherland offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 2. 
 
 Amend sections 8 and 9 combined by adding at the end of the first sent¬ 
 ence the words: “and by other common carriers operating between one city 
 or village and another.” 
 
 And the amendment was lost. 
 
 Mr. Rinaker offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 3. 
 
 Amend sections 8 and 9 combined by inserting after the word “rail¬ 
 roads” in line 6 the following words, “and by other common carriers.” 
 
 And the amendment was adopted. 
 
 Mr. Gale offered the following amendment and moved its adoption: 
 
 Amendment No. 4. 
 
 Substitute for sections 8 and 9 combined the following: 
 
 “No public utility shall charge excessive or unreasonable rates nor dis¬ 
 criminate against any person.” 
 
 And the amendment was lost. 
 
 Mr. Coolley offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 5. 
 
 Amend combined sections 8 and 9 so as to read: 
 
 “The General Assembly shall prevent extortion and unjust discrimina¬ 
 tion in freight and passenger rates.” 
 
 And the amendment was lost. 
 
CONSTITUTIONAL CONVENTION. 
 
 587 
 
 1922.] 
 
 The question then being on the adoption of sections 8 and 9, com¬ 
 bined, as amended, a call of the roll was had, resulting as follows: Yeas, 
 
 affirmative are: Messrs. 
 
 33; nays, 27. 
 
 Those voting in the 
 
 Adams Corlett 
 
 Brandon Dunlap 
 
 Brenholt Dupuy, G. A. 
 
 Brewster Goodyear 
 
 Catron Gray 
 
 Clarke Hogan 
 
 Coolley Hollenbeck 
 
 Those voting in the negative are: Messrs. 
 
 Hull 
 
 Jack 
 
 Jarman 
 
 Johnson, W. 
 
 Latchford 
 
 Lindly 
 
 McGuire 
 
 Meinert 
 Mighell 
 Mills 
 A. Moore 
 Nichols 
 Pinnell 
 
 Barr 
 
 Beckman 
 
 Cary, C. D. 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Garrett 
 
 Hamill 
 
 Ireland 
 Johnson, L. C. 
 Kunde 
 Mayer 
 McEwen 
 
 Miller 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Shanahan 
 
 Sections 8 and 9, combined, having received the votes 
 
 Rinaker 
 
 Stahl 
 
 Taff 
 
 Torrance 
 
 Traeger 
 
 Warren 
 
 Yeas—33. 
 
 Smith 
 
 Sutherland 
 
 Tebbens 
 
 Wolff 
 
 Mr. President 
 
 Yeas—27. 
 
 of less than a 
 
 majority of the delegates elected, failed to pass. 
 
 Mr. Sutherland gave notice that on the next Convention day he 
 would move to reconsider the vote by which sections 8 and 9, combined, 
 
 had failed to pass. 
 
 At the hour of 6 :35 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until 9:00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
588 
 
 JOURNAL OF THE 
 
 [Apr. 27, 
 
 THURSDAY, APRIL 27, 1922, 9:00 O’CLOCK A. M. 
 
 Hie Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. J. C. Brown, of the First Methodist 
 Episcopal church, of Rushville. 
 
 Ihe Journal of Tuesday, April 25th, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand .approved. 
 
 In accordance with the resolution adopted April 25th, the Secretary 
 called the roll of the Convention, which resulted as follows: Present, 67. 
 
 Those voting present are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Ireland 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dietz 
 
 Jack 
 
 Miller 
 
 Stahl 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Mills 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Moore 
 
 Taft 
 
 Brenholt 
 
 Elting 
 
 Johnson, W. A. 
 
 Nichols 
 
 Tebbens 
 
 Brewster 
 
 Fyke 
 
 Kunde 
 
 Paddock 
 
 Tori ance 
 
 Cary, C. D. 
 
 Gale 
 
 Latchford 
 
 Parker 
 
 Traeger 
 
 Carlstrom 
 
 Garrett 
 
 Lill 
 
 Pincus 
 
 Trautmann 
 
 Catron 
 
 Goodyear 
 
 Lindly 
 
 Pinnell 
 
 Wall 
 
 Clarke 
 
 Gray 
 
 Mayer 
 
 Rinaker 
 
 Warren 
 
 Coolley 
 
 Hamill 
 
 McEwen 
 
 Shanahan 
 
 Wilson 
 
 Corlett 
 
 Hogan 
 
 McGuire 
 
 Shuey 
 
 Wolff 
 
 Cutting 1 
 
 Davis 
 
 Hollenbeck 
 
 Hull 
 
 Meinert 
 
 Six 
 
 Mr. President 
 Present— 
 
 Mr. Sutherland, in accordance with his notice of yesterday, moved to 
 reconsider the vote by which sections 8 and 9 combined, of Report No. 6. 
 of the Committee on Phraseology and Style, had failed to pass. 
 
 And the motion prevailed. 
 
 Mr. Sutherland moved that sections 8 and 9, of the report of the 
 Committee of the Whole, be substituted for sections 8 and 9 combined, 
 as reported by the Committee on Phraseology and Style. 
 
 And the motion prevailed. 
 
 Mr. Sutherland thereupon offered the folloAving amendment and 
 moved its adoption: 
 
 Amendment No. 6. 
 
 Amend Report No. 6, by adding an additional section thereto to be 
 known as section 10, as follows: 
 
 “Section 10. Nothing in this article shall be construed to prohibit the 
 General Assembly from exercising, with reference to other common carriers 
 or other public utilities, the power mentioned in sections 8 and 9 hereof.” 
 
 Pending consideration Mr. Miller offered the following as a substi¬ 
 tute for Amendment No. 6: 
 
 “Section 10. Nothing in sections 8 or 9 shall be construed to limit the 
 powers of the General Assembly.” 
 
 The question being on the adoption of the substitute. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 589 
 
 It was decided in the affirmative and section 10, as amended, was 
 placed on the order of second reading. 
 
 Mr. Mayer offered the following amendment and moved its adoption: 
 
 Amendment No. 7. 
 
 Amend section 10 by striking out all after the figures “10” and inserting 
 in lieu thereof the following: “And the General Assembly shall have all the 
 foregoing powers and* shall exercise the same with reference to all other 
 carriers, whether on land or water or in the air.” 
 
 And the amendment was lost. 
 
 Mr. Mighell offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 8. 
 
 Amend section 10 by striking out all after the figures “10” and inserting 
 in lieu thereof the following: “The General Assembly is directed to exercise 
 the same regulatory power over rates and services of all public utilities as 
 that specified in sections 8 and 9 of this article as to railroads.” 
 
 And the amendment was lost. 
 
 Section 8, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 66; nays, 2. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Ireland 
 
 Meinert 
 
 Six 
 
 Barr 
 
 Dietz 
 
 Jack 
 
 Mighell 
 
 Smith 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Miller 
 
 Stahl 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Mills 
 
 Sutherland 
 
 Brenholt 
 
 Biting 
 
 Johnson, W. A. 
 
 Moore 
 
 Taff 
 
 Brewster 
 
 Fyke 
 
 Kunde 
 
 Nichols 
 
 Tebbens 
 
 Cary, C. D. 
 
 Gale 
 
 Latchford 
 
 O’Brien 
 
 Torrance 
 
 Carlstrom 
 
 Garrett 
 
 Lill 
 
 Paddock 
 
 Traeger 
 
 Catron 
 
 Goodyear 
 
 Lindly 
 
 Parker 
 
 Trautmann 
 
 Clarke 
 
 Gray 
 
 Mack 
 
 Pincus 
 
 Wall 
 
 Coolley 
 
 Hogan 
 
 Mayer 
 
 Pinnell 
 
 Warren 
 
 Corlett 
 
 Hollenbeck 
 
 McEwen 
 
 Rinaker 
 
 Wilson 
 
 Cutting 
 
 Davis 
 
 Hull 
 
 McGuire 
 
 Shuey 
 
 Wolff 
 
 Yeas 
 
 Those voting in the negative are: Messrs. 
 
 Hamill Mr. President Nays—2. 
 
 Section 8, havilig received the votes of a maojrity of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 9 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, 
 
 resulting as 
 
 follows: Yeas, 
 
 64; nays, 4. 
 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Davis 
 
 Ireland 
 
 Meinert 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Mighell 
 
 Stahl 
 
 Beckman 
 
 Dietz 
 
 Jarman 
 
 Miller 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Johnson, L. C. 
 
 Mills 
 
 Taff 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, W. A. 
 
 Moore 
 
 Tebbens 
 
 Brewster 
 
 Biting 
 
 Kunde 
 
 O’Brien 
 
 Torrance 
 
 Cary, C. D. 
 
 Fyke 
 
 Latchford 
 
 Paddock 
 
 Traeger 
 
 Carlstrom 
 
 Garrett 
 
 Lill 
 
 Parker 
 
 Trautmann 
 
 Catron 
 
 Goodyear 
 
 Lindly 
 
 Pincus 
 
 Wall 
 
 Clarke 
 
 Gray 
 
 Mack 
 
 Pinnell 
 
 W arren 
 
 Coolley 
 
 Hogan 
 
 Mayer 
 
 Rinaker 
 
 Wilson 
 
 Corlett 
 
 Hollenbeck 
 
 McEwen 
 
 Shuey 
 
 Wolff 
 
 Cutting 
 
 Hull 
 
 McGuire 
 
 Six 
 
 Yeas' 
 
590 
 
 JOURNAL OF THE 
 
 [Apr. 27, 
 
 Those voting in the negative are: Messrs. 
 
 Gale Hamill Nichols Mr. President Nays—4. 
 
 Section 9, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to 
 the Committee on Phraseology and Style for action as provided by 
 Rule 20. 
 
 Section 10 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 69; nays, 0. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Ireland 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dietz 
 
 Jack 
 
 Miller 
 
 Stahl 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Mills 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Moore 
 
 Taff 
 
 Brenholt 
 
 El ting 
 
 Johnson, W. A. 
 
 Nichols 
 
 Tebbens 
 
 Brewster 
 
 Fyke 
 
 Kunde 
 
 O’Brien 
 
 Torrance 
 
 Cary, C. D. 
 
 Gale 
 
 Latchford 
 
 Paddock 
 
 Traeger 
 
 Carlstrom 
 
 Garrett 
 
 Lill 
 
 Parker 
 
 Trautmann 
 
 Catron 
 
 Goodyear 
 
 Lindly 
 
 Pincus 
 
 Wall 
 
 Clarke 
 
 Gray 
 
 Mack 
 
 Pinnell 
 
 Warren 
 
 Coolley 
 
 Hamill 
 
 Mayer 
 
 Rinaker 
 
 Wilson 
 
 Corlett 
 
 Hogan 
 
 McEwen 
 
 Shanahan 
 
 Wolff 
 
 Cutting 
 
 Hollenbeck 
 
 McGuire 
 
 Shuey 
 
 Mr. President 
 
 Davis 
 
 Hull 
 
 Meinert 
 
 Six 
 
 Yeas—' 
 Nays— 
 
 Section 10, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 By unanimous consent, Mr. Miller was excused from further at¬ 
 tendance at the sessions of the Convention until Saturday morning. 
 
 Mr. Clarke submitted the following report: 
 
 Your Committee on Phraseology and Style, to which was referred sec¬ 
 tion 29 of Report No. 12, on the Legislative Department, respectfully reports 
 that it has reconsidered such section and herewith presents a substitute 
 therefor, as follows: 
 
 Section 29. The General Assembly may provide for: 
 
 Opening private roads to communicate with public roads; 
 
 Permitting owners and lessees of lands and minerals to construct drains, 
 ditches and levees upon, across or under the lands of others for agricultural, 
 sanitary and mining purposes; 
 
 Organizing drainage districts having powers of eminent domain and 
 special assessment for flood control or for sanitary or agricultural pur¬ 
 poses; and 
 
 Making surveys and straightening and improving water courses in part 
 at the expense of drainage districts and in part by the State or any political 
 subdivision thereof. 
 
 This section shall not be construed as a limitation of the powers of the 
 General Assembly. 
 
 Respectfully submitted, 
 
 E. L. Clarke. 
 
 Thos. Rinaker. 
 
 E. H. Brewster. 
 
 G. A. Barr. 
 
 C. B. T. Moore. 
 
 H. E. Torrance. 
 
 The report of the committee was ordered printed and section 29 
 placed on the order of second reading. 
 
 The Convention proceeding upon the consideration of Report Yo. 
 2, of the Committee on Phraseology and Style, on the subject of Mare- 
 houses, section 1 thereof was taken up and read at large. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 591 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, 
 
 resulting as 
 
 follows: Yeas, 
 
 64; nays, 3. 
 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Davis 
 
 Hull 
 
 Mighell 
 
 Six 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Miller 
 
 Smith 
 
 Beckman 
 
 Dietz 
 
 Jarman 
 
 Mills 
 
 Stahl 
 
 Brandon 
 
 Dunlap 
 
 Johnson, L. C. 
 
 Moore 
 
 Sutherland 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, W. A. 
 
 Nichols 
 
 Taff 
 
 Brewster 
 
 Elting 
 
 Kunde 
 
 O’Brien 
 
 Tebbens 
 
 Cary, C. D. 
 
 Fyke 
 
 Latchford 
 
 Paddock 
 
 Torrance 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Parker 
 
 Traeger 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Pincus 
 
 Wall 
 
 Clarke 
 
 Goodyear 
 
 Mack 
 
 Pinnell 
 
 Warren 
 
 Coolley 
 
 Gray 
 
 McEwen 
 
 Rinaker 
 
 Wilson 
 
 Corlett 
 
 Hogan 
 
 McGuire 
 
 Shanahan 
 
 Mr. President 
 
 Cutting 
 
 Hollenbeck 
 
 Meinert 
 
 Shuey 
 
 Yeas— 
 
 Those voting in the negative are: Messrs. 
 
 Hamill Mayer Wolff Nays—3. 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 2 was taken up and read at large. 
 
 Whereupon Mr. Dunlap offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 1. 
 
 Amend section 2 in line 3 after tlie word “inhabitants” by inserting the 
 following words “or such number of inhabitants as may be provided by law.” 
 
 So that the section as amended will read as follows: 
 
 “Section 2. The manager of every public warehouse in cities of over 
 one hundred thousand inhabitants, or such number of inhabitants as may be 
 provided by law, shall post conspicuously each week, in the office of the 
 warehouse, a sworn statement of the amount and grade of grain and also 
 of the other property stored therein, and of the warehouse receipts out¬ 
 standing, and shall file a copy of the statement in a place designated by 
 law. Changes in quantity and grade of grain stored shall be noted daily 
 upon the statement in the warehouse. Unless the owner or consignee con¬ 
 sents, different grades of grain shipped in separate lots shall not be mixed.” 
 
 And the amendment was adopted. 
 
 Mr. Coolley offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 2. 
 
 Strike out after the word “warehouses” in the second line the words, 
 “in cities of more than one hundred thousand inhabitants.” 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 2, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 60; nays, 4. 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Hogan 
 
 McGuire 
 
 Smith 
 
 Barr 
 
 Davis 
 
 Hollenbeck 
 
 Meinert 
 
 Stahl 
 
 Beckman 
 
 Dawes 
 
 Hull 
 
 Mighell 
 
 Sutherland 
 
 Brandon 
 
 Dietz 
 
 Ireland 
 
 Mills 
 
 Taff 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Tebbens 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Nichols 
 
 Torrance 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Traeger 
 
 Carlstrom 
 
 Fyke 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Rinaker 
 
 Wall 
 
 Clarke 
 
 Garrett 
 
 Lindly 
 
 Shanahan 
 
 W arren 
 
 Coolley 
 
 Goodyear 
 
 Mack 
 
 Shuey 
 
 Wilson 
 
 Corlett 
 
 Gray 
 
 McEwen 
 
 Six 
 
 Mr. President 
 
 Yeas—60. 
 
592 
 
 JOURNAL OF THE 
 
 [Apr. 27 , 
 
 Those voting in the negative are: Messrs. 
 
 Hamill Mayer O’Brien Wolff Nays— 4 . 
 
 Section 2 , having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 3 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, resulting as follows: Yeas, 63; nays, 2. 
 
 Those voting in the 
 
 affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Davis 
 
 Hull 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Stahl 
 
 Beckman 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Jarman 
 
 Nichols 
 
 Taff 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, L. C. O’Brien 
 
 Tebbens 
 
 Brewster 
 
 Elting 
 
 Johnson, W. 
 
 A. Paddock 
 
 Torrance 
 
 Cary, C. D. 
 
 Fyke 
 
 Kunde 
 
 Pincus 
 
 Traeger 
 
 Carlstrom 
 
 Gale 
 
 Lindly 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Garrett 
 
 Mack 
 
 Rinaker 
 
 Wall 
 
 Clarke 
 
 Goodyear 
 
 Mayer 
 
 Shanahan 
 
 Warren 
 
 Coolley 
 
 Gray 
 
 McEwen 
 
 Shuey 
 
 Wilson 
 
 Corlett 
 
 Hogan 
 
 McGuire 
 
 Six 
 
 Mr. President 
 
 Cutting 
 
 Hollenbeck 
 
 Meinert 
 
 
 Yeas—6! 
 
 Those 
 
 Hamill 
 
 voting in the 
 Wolff 
 
 negative are: 
 
 Messrs. 
 
 Nays—1 
 
 Section 3, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 4 was taken up and read at large. 
 
 Whereupon, Mr. Dunlap offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 3. 
 
 Amend section 4 in line 2 by striking out the word “thereon” and by 
 inserting after the word “and” in line one the word “other.” 
 
 So that the section as amended will read as follows: 
 
 “Section 4. Railroads and other common carriers shall, at the point 
 of shipment, weigh or measure, and receipt for, the full amount of grain 
 and deliver it to the consignee or owner.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 4, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 60; nays, 6. * 
 
 Adams 
 
 Barr 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cutting 
 
 Dietz 
 
 ng in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Smith 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Moore 
 
 Stahl 
 
 Elting 
 
 Johnson, L. C. 
 
 Nichols 
 
 Sutherland 
 
 FYke 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Taff 
 
 Gale 
 
 Kunde 
 
 Paddock 
 
 Tebbens 
 
 Garrett 
 
 Lill 
 
 Parker 
 
 Torrance 
 
 Goodyear 
 
 Lindly 
 
 Pincus 
 
 Traeger 
 
 Gray 
 
 Mack 
 
 Pinnell 
 
 Trautmann 
 
 Hogan 
 
 McEwen 
 
 Rinaker 
 
 Wall 
 
 Hollenbeck 
 
 McGuire 
 
 Shanahan 
 
 W arren 
 
 Hull 
 
 Meinert 
 
 Shuey 
 
 Wilson 
 
 Ireland 
 
 Mighell 
 
 Six 
 
 Mr. President 
 
 Messrs. 
 
 Mayer 
 
 Yeas—60. 
 
 Wolff 
 
 Nays—6. 
 
 Those voting in the negative are: 
 
 Davis Hamill Latchford 
 
 Dawes 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 593 
 
 the Committee on Phraseology and Style for action, as provided by 
 Rule 20. 
 
 At the hour of 12 :00 o’clock noon, Mr. Moore, by unanimous con¬ 
 sent, called the attention of the Convention to the One Hundredth Anni¬ 
 versary of the birth of General Ulyses S. Grant, and in commemoration 
 of the occasion appropriate remarks were made by General Abel Davis, 
 Captain Oscar E. Carlstrom, Captain Rollo Six and Rear Admiral B. C. 
 T. Moore. 
 
 At the hour of 12 :40 o’clock p. m., Mr. Moore moved that the 
 Convention do now take a recess until 2:00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o'Clock P. M. 
 
 The hour of 2:00 o’clock p. m. having arrived the Convention 
 resumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of Report Ho. 2, of the Committee on Phraseology and Style, 
 section 5 thereof was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, 
 
 resulting as 
 
 follows: Yeas, 
 
 54; nays, 4. 
 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dunlap 
 
 Jack 
 
 Mighell 
 
 Smith 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Mills 
 
 Stahl 
 
 Brandon 
 
 Elting 
 
 Johnson, W. A. Moore 
 
 Sutherland 
 
 Brenholt 
 
 Fyke 
 
 Latchford 
 
 Nichols 
 
 Taff 
 
 Cary, C. D. 
 
 Gale 
 
 Lill 
 
 Paddock 
 
 Torrance 
 
 Catron 
 
 Garrett 
 
 Kindly 
 
 Parker 
 
 Traeger 
 
 Clarke 
 
 Goodyear 
 
 Mack 
 
 Pinnell 
 
 Trautmann 
 
 Coolley 
 
 Gray 
 
 Mayer 
 
 Pdnaker 
 
 Wall 
 
 Corlett 
 
 Hogan 
 
 McE'wen 
 
 Shanahan 
 
 Warren 
 
 Cutting 
 
 Hollenbeck 
 
 McGuire 
 
 Shuey 
 
 Mr. President 
 
 Dietz 
 
 Hull 
 
 Meinert 
 
 Six 
 
 Yeas—5 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Davis 
 
 Dawes 
 
 Hamill 
 
 Wolff 
 
 Nays— 
 
 Section 5, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Sections 6 and 7 combined were taken up and read at large. 
 Whereupon Mr. Dunlap offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 4. 
 
 Amend combined sections 6 and 7, in line 5, after the word “producers” 
 by inserting the word “and” and in lines 6 and 7 by striking the words 
 “consumers and others interested.” 
 
 So that the section as amended will read as follows: 
 
 “Sections 6 and 7 combined. The General Assembly shall give full 
 effect to this article and provide for the inspection of grain and produce, 
 the protection of producers, and shippers, and receivers, and the prevention 
 of fraudulent warehouse receipts. Nothing in this article implies a limita¬ 
 tion upon the power of the General Assembly or abridges common law 
 remedies.” 
 
 And the amendment was lost. 
 
 —38 C J 
 
594 
 
 JOURNAL OF THE 
 
 [Apr. 27, 
 
 The question recurring 
 
 on the adoption of sections 
 
 6 and 7 com- 
 
 bmed, a call of tlie loll was had, resulting as follows! ^leas 63 ! navs 2 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 * ' *J y 
 
 Adams 
 
 Dawes 
 
 Jack 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dietz 
 
 Jarman 
 
 Mills 
 
 Sneed 
 
 Beckman 
 
 Dunlap 
 
 Johnson, L. C. 
 
 Moore 
 
 Stahl 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, W. A. 
 
 Nichols 
 
 Sutherland 
 
 Brenholt 
 
 Elting 
 
 Kunde 
 
 O’Brien 
 
 Taff 
 
 Brewster 
 
 F*yke 
 
 Latchford 
 
 Paddock 
 
 Torrance 
 
 Cary, C. D. 
 
 Gale 
 
 Lill 
 
 Parker 
 
 Traeger 
 
 Carlstrom 
 
 Garrett 
 
 Lindly 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Goodyear 
 
 Mack 
 
 Rinaker 
 
 Wall 
 
 Clarke 
 
 Gray 
 
 Mayer 
 
 Shanahan 
 
 Warren 
 
 Coolley 
 
 Hogan 
 
 McEwen 
 
 Shuey 
 
 Wilson 
 
 Corlett 
 
 Hollenbeck 
 
 McGuire 
 
 Six 
 
 Mr. President 
 
 Cutting 
 
 Hull 
 
 Meinert 
 
 
 Yeas—63. 
 
 Those voting in the negative are: Messrs. 
 
 Hamill Wolff Nays_2. 
 
 Sections 6 and 7 combined, having received the votes of a majority 
 of the Delegates elected, were declared passed, and, under the rules, were 
 re-referred to the Committee on Phraseology and Style for action as pro¬ 
 vided by Rule 20. 
 
 Mr. Dunlap gave notice that on the next Convention day he would 
 m°^ e to reconsider the vote by which sections 6 and 7 combined were 
 adopted. 
 
 The Convention proceeding upon the consideration of Report ISTo. 
 13, of the Committee on Phraseology and Style, on the subject of Canals 
 and Y aterways, section 1 thereof was taken up and read at large. 
 
 Whereupon Mr. Jarman moved that the report of the Committee 
 of the Y hole, on sections 1, 2, 3 and 6, be substituted for section 1 of 
 the report of the Committee on Phraseology and Style. 
 
 And the motion prevailed. 
 
 Section 1, of the report of the Committee of the Whole, was there¬ 
 upon taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 64; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hull 
 
 Mighell 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Mills 
 
 Beckman 
 
 Dietz 
 
 Jarman 
 
 Moore 
 
 Brandon 
 
 Dunlap 
 
 Johnson, L. C. 
 
 Nichols 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, W. A. 
 
 Paddock 
 
 Brewster 
 
 Elting 
 
 Latchford 
 
 Pincus 
 
 Cary, C. D. 
 
 F*yke 
 
 Lill 
 
 Pinnell 
 
 Carlstrom 
 
 Gale 
 
 Lindly 
 
 Rinaker 
 
 Catron 
 
 Garrett 
 
 Mack 
 
 Shanahan 
 
 Clarke 
 
 Goodyear 
 
 Mayer 
 
 Shuey • 
 
 Coolley 
 
 Gray 
 
 McEwen 
 
 Six 
 
 Corlett 
 
 Hogan 
 
 McGuire 
 
 Smith 
 
 Cutting 
 
 Hollenbeck 
 
 Meinert 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 Taff 
 Tebbens 
 Torrance 
 Traeger 
 Trautmann 
 Wall 
 Warren 
 Wilson 
 Wolff 
 
 Mr. President 
 
 Yeas—64. 
 Nays—0. 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 2, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. Jarman moved that further consideration of the 
 section be postponed. 
 
 And the motion was lost. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 595 
 
 Mr. Mayer offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 1. 
 
 Amend section 2 by striking out the following words: “but the aggre¬ 
 gate amount of all such additional appropriations and bonds, except as 
 otherwise provided in section 3 of this article shall not exceed ten million 
 dollars unless.” 
 
 And the amendment was lost. 
 
 Mr. Jarman offered the following amendment and moved its adop¬ 
 tion : 
 
 • Amendment No. 2. 
 
 Amend section 2 by striking out after the word “dollars” the comma 
 and the word “unless” and insert a period after the word “dollars.” 
 
 And the amendment was lost. 
 
 Mr. Jarman offered the following amendment and moved its adop¬ 
 tion: 
 
 Amendment No. 3. 
 
 Amend section 2 by striking out of the 3d line from the bottom of 
 page 104 the words “the aggregate amount of” and from the 2d, 3d, 4tli and 
 5th lines from the top of page 105 the words “shall not exceed ten million 
 dollars unless the law making such appropriations or authorizing such 
 bonds” and insert after the word “first” the word “be,” and strike out of 
 the 2d line from last of section 2 the words “have been” and insert in lieu 
 thereof the word “be.’ 
 
 And the question being on the adoption of the amendment, a divi¬ 
 sion of the Convention was had, resulting as follows: Yeas, 30; 
 nays, 25. 
 
 And the amendment was adopted. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 4. 
 
 Amend section 2, in the last line on page 104, by striking out the words 
 “appropriations and”. 
 
 And the question being on the adoption of the amendment, a divi¬ 
 sion of the Convention was had, resulting as follows: Yeas, 32; 
 nays, 23. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 2, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 35; nays, 30. 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Catron 
 
 Clarke 
 
 Corlett 
 
 Cutting 
 Dawes 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 
 Fyke 
 
 Gale 
 
 Gray Mayer 
 
 Hamill McEwen 
 
 Ireland Moore 
 
 Johnson, L. C. Paddock 
 Latchford Pincus 
 
 Lill Quinn 
 
 Lindly Shanahan 
 
 Sutherland 
 
 Tebbens 
 
 Traeger 
 
 Trautmann 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—35. 
 
596 
 
 JOURNAL OF THE 
 
 [Apr. 27, 
 
 Those voting in the negative are: Messrs. 
 
 Brewster Goodyear Johnson, W. A. Nichols 
 
 Cary, C. D. Hogan Alack Parker 
 
 Carlstrom Hollenbeck McGuire Pinnell 
 
 Coolley Hull Meinert Rinaker 
 
 Dietz J ack Mighell Shuey 
 
 Garrett Jarman Mills Six 
 
 Smith 
 Sneed 
 Stahl 
 Taff 
 Wall 
 Warren 
 
 Nays- 
 
 30. 
 
 Section 2, having received the votes of less than a majority of the 
 delegates elected, failed to pass. 
 
 Section 3, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 65; nays, 3. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 Cutting 
 Davis 
 
 Dawes 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fyke 
 Gale 
 Garrett 
 Gray 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, L». C. 
 
 Johnson, W. A. 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Alack 
 
 Mayer 
 
 McEwen 
 
 McGuire 
 
 Ateinert 
 
 Alighell 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Air. President 
 
 V ea s—6 5 . 
 
 Those voting in the negative are: Messrs. 
 
 Cary, C. D. Goodyear Mills Nays—3. 
 
 Section 3, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-rferred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 Section 6, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 roll was had, resulting as 
 
 follows: Yeas 
 
 , 33; nays, 31. 
 
 
 Those 
 
 voting in the 
 
 affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Garrett 
 
 Johnson, W. 
 
 A. Parker 
 
 Smith 
 
 Brewster 
 
 Goodyear 
 
 Alack 
 
 Pinnell 
 
 Sneed 
 
 Carlstrom 
 
 Hogan 
 
 Alayer 
 
 Quinn 
 
 Stahl 
 
 Catron 
 
 Hollenbeck 
 
 AIcGuire 
 
 Rinaker 
 
 Taff 
 
 Dietz 
 
 Hull 
 
 Alighell 
 
 Shuey 
 
 Wall 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Six 
 
 Warren 
 
 Gale 
 
 Jarman 
 
 Nichols 
 
 
 Yeas—: 
 
 Those 
 
 voting in the 
 
 negative are: 
 
 Messrs. 
 
 
 Barr 
 
 Cutting 
 
 Ireland 
 
 Aleinert 
 
 Torrance 
 
 Brandon 
 
 Dawes 
 
 Johnson, L. C. Moore 
 
 Traeger 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Latchford 
 
 Pincus 
 
 Trautmann 
 
 Cary, C. D. 
 
 Elting 
 
 Lill 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Eyke 
 
 Lindly 
 
 Sutherland 
 
 Wolff 
 
 Coolley 
 
 Hamill 
 
 AIcEwen 
 
 Tebbens 
 
 Air. President 
 
 Corlett 
 
 Nays—31. 
 
 Section 6, having received the votes of less than a majority of the 
 delegates elected, failed to pass. 
 
 Mr. Hull moved to reconsider the vote by which section 2 had failed 
 to pass. 
 
 Mr. Jarman moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in the 
 
 negative. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 597 
 
 The question recurring on the motion to reconsider, a division of 
 the Convention was had, resulting as follows: Yeas, 42; nays, 11. 
 
 And the motion prevailed. 
 
 Whereupon Mr. Hull moved that further consideration of section 2 
 be postponed. 
 
 The question being on the motion to postpone, a division of the 
 Convention was had, resulting as follows: Yeas, 23; nays, 22. 
 
 And the motion prevailed. 
 
 Mr. Hull moved to reconsider the vote by which section 6 had failed 
 to pass. 
 
 And the motion prevailed. 
 
 Whereupon Mr. Hull moved that further consideration of section 6 
 be postponed. 
 
 And the motion prevailed. 
 
 Section 2 of the report of the Committee on Phraseology and Style 
 was taken up and read at large. 
 
 Whereupon Mr. Lindly moved that sections 4, 5 and 7 of the report 
 of the Committee of the Whole be substituted for section 2, of the report 
 of the Committee on Phraseology and Style. 
 
 And the motion prevailed. 
 
 Section 4, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 68; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Stahl 
 
 Barr 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Sutherland 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Nichols 
 
 Taff 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Paddock 
 
 Tebbens 
 
 Brenholt 
 
 Elting 
 
 Johnson, W. A. 
 
 Parker 
 
 Torrance 
 
 Brewster 
 
 Fyke 
 
 Latchford 
 
 Pincus 
 
 Traeger 
 
 Cary, C. D, 
 
 Gale 
 
 Lill 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Garrett 
 
 Lindly 
 
 Quinn 
 
 Wall 
 
 Catron 
 
 Goodyear 
 
 Mack 
 
 Rinaker 
 
 Warren 
 
 Clarke 
 
 Gray 
 
 Mayer 
 
 Shanahan 
 
 Wilson 
 
 Coolley 
 
 Hamill 
 
 McEwen 
 
 Shuey 
 
 Wolff 
 
 Corlett 
 
 Hogan 
 
 McGuire 
 
 Six 
 
 Mr. President 
 
 Cutting 
 
 Hollenbeck 
 
 Meinert 
 
 Smith 
 
 Yeas—68. 
 
 Davis 
 
 Hull 
 
 Mighell 
 
 Sneed 
 
 Nays—0. 
 
 Section 4, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 Section 5, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. ITamill moved to strike out the word “or” in line 
 4, of section 5. 
 
 And the motion prevailed. 
 
 The question then being on the adoption of section 5,. as amended, a 
 call of the roll was had, resulting as follows: Yeas, 66; nays, 0. 
 
598 
 
 JOURNAL OF THE [Apr. 27, 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Stahl 
 
 Barr 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Sutherland 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Nichols 
 
 Taft 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Paddock 
 
 Tebbens 
 
 Brenholt 
 
 El ting 
 
 Johnson, W. A. 
 
 Parker 
 
 Torrance 
 
 Brewster 
 
 Fyke 
 
 Latchford 
 
 Pincus 
 
 Traeger 
 
 Cary, C. D. 
 
 Gale 
 
 Lill 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Garrett 
 
 Lindly 
 
 Quinn 
 
 Wall 
 
 Catron 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Warren 
 
 Clarke 
 
 Gray 
 
 McEwen 
 
 Shuey 
 
 Wilson 
 
 Coolley 
 
 Hamill 
 
 McGuire 
 
 Six 
 
 Wolff 
 
 Corlett 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Mr. President 
 
 Cutting 
 
 Hollenbeck 
 
 Mighell 
 
 Sneed 
 
 Yeas—6 1 
 
 Davis 
 
 Hull 
 
 
 1 ' 
 
 Nays— 1 
 
 Section 5, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 7, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. Barr offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 5. 
 
 Amend section 7 by substituting the last paragraph of section 2 there¬ 
 for, as follows: 
 
 “Section 7. Leases of State canals and waterways and of S^ate prop¬ 
 erty held in connection therewith shall be subject to revaluation every 
 twenty years.” 
 
 And the amendment was adopted. 
 
 Mr. Rinaker offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No, 6. 
 
 Amend section 7 by inserting after the word “therewith” the words, 
 “including water power.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 7, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 66; nays, 0. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dunlap 
 
 Jarman 
 
 Moore 
 
 Stahl 
 
 Barr 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Nichols 
 
 Sutherland 
 
 Beckman 
 
 Elting 
 
 Johnson, W. A. 
 
 Paddock 
 
 Taff 
 
 Brandon 
 
 Fyke 
 
 Latchford 
 
 Parker 
 
 Tebbens 
 
 Brenholt 
 
 Gale 
 
 Lill 
 
 Pincus 
 
 Torrance 
 
 Brewster 
 
 Garrett 
 
 Lindly 
 
 Pinnell 
 
 Traeger 
 
 Cary, C. D. 
 
 Goodyear 
 
 Mack 
 
 Quinn 
 
 Trautmann 
 
 Catron 
 
 Gray 
 
 Mayer 
 
 Rinaker 
 
 Wall 
 
 Clarke 
 
 Hamill 
 
 McEwen 
 
 Shanahan 
 
 W arren 
 
 Coolley 
 
 Hogan 
 
 McGuire 
 
 Shuey 
 
 Wilson 
 
 Corlett 
 
 Hollenbeck 
 
 Meinert 
 
 Six 
 
 Wolff 
 
 Cutting 
 
 Hull 
 
 Mighell 
 
 Smith 
 
 Mr. President 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Sneed 
 
 Yeas—66. 
 
 Dietz 
 
 Jack 
 
 
 
 Nays—0. 
 
 Section 7, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 The Convention proceeding upon the consideration of Report No. 
 15, of the Committee on Phraseology and Style, on the subject of Home 
 Rule and Zoning, section 5 thereof was taken up and read at large. 
 
CONSTITUTIONAL CONVENTION. 
 
 599 
 
 1922.] 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 66 5 nays, 0. 
 
 mi 1 • • n. _ _ ^ n -n /-V • AIaC’CT’C 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 Cutting 
 Davis 
 
 Dawes 
 
 Ireland 
 
 Dietz 
 
 Jack 
 
 Dunlap 
 
 Jarman 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Elting 
 
 Johnson, W. A. 
 
 Fyke 
 
 Latchford 
 
 Gale 
 
 Lill 
 
 Garrett 
 
 Lindly 
 
 Goodyear 
 
 Mack 
 
 Gray 
 
 Mayer 
 
 Hamill 
 
 McEIwen 
 
 Hogan 
 
 McGuire 
 
 Hollenbeck 
 
 Meinert 
 
 Hull 
 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Whitman 
 
 Wilson 
 
 Mr. President 
 
 Yeas—66. 
 Nays—0. 
 
 JtiUll _ “ 
 
 Section 5, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20 . 
 Section 8 was taken up and read at large. 
 
 Whereupon Mr. Garrett offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 1. 
 
 Amend section 8 by adding after word “valid - ’ the words: “Such regu¬ 
 lations may be prospective only.” 
 
 And the amendment was lost. 
 
 Mr. Dupuy offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 2. 
 
 Amend section 8 by substituting the following words therefor: 
 
 “Section 8. The General Assembly may authorize municipal corpora¬ 
 tions to adopt reasonable regulations governing in specific zones, the use 
 and appearance of lands and the character, use and appearance of structures. 
 
 And the amendment was adopted. 
 
 Mr. Mayer offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 3. 
 
 Amend section 8 by adding thereto the following: 
 
 “But no such regulations shall apply to or affect any rights or condi¬ 
 tions existing at the time of the adoption of such regulations. 
 
 And the amendment was lost. 
 
 Mr. Hull offered the following amendment and moved its adoption: 
 
 Amendment No. 4. 
 
 Amend section 8 by adding thereto the following: 
 
 “Such regulations may be made so as to affect the future or prospective 
 uses of property, as distinguished from its use at the time of the adoption 
 thereof, and so as to permit the continuation of any existing use oi property 
 in close proximity to other property on which such use is restricted.” 
 
 Pending discussion, Mr. Davis moved that further consideration of 
 section 8 , together with the pending amendment, be postponed. 
 
 And the motion prevailed. 
 
GOO 
 
 JOURNAL OF THE 
 
 [Apr. 27 , 
 
 The Convention proceeding upon the consideration of Report No. 
 4, of the Committee on Phraseology and Style, on the subject of educa¬ 
 tion, section 1 thereof was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 66; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Jarman 
 
 Moore 
 
 Stahl 
 
 Barr 
 
 Dietz 
 
 Johnson, L. C. 
 
 Nichols 
 
 Sutherland 
 
 Beckman 
 
 Dunlap 
 
 Johnson, W. A. 
 
 Paddock 
 
 Taft 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Latchford 
 
 Parker 
 
 Tebbens 
 
 Brenholt 
 
 Elting 
 
 Lill 
 
 Pincus 
 
 Torrance 
 
 Brewster 
 
 Garrett 
 
 Lindly 
 
 Pinnell 
 
 Traeger 
 
 Cary, C. D, 
 
 Goodyear 
 
 Mack 
 
 Quinn 
 
 Trautmann 
 
 Carlstrom 
 
 Gray 
 
 Mayer 
 
 Rinaker 
 
 Wall 
 
 Catron 
 
 Hamill 
 
 McEwen 
 
 Shanahan 
 
 Warren 
 
 Clarke 
 
 Hogan 
 
 McGuire 
 
 Shuey 
 
 Wilson 
 
 Coolley 
 
 Hollenbeck 
 
 Meinert 
 
 Six 
 
 Wolff 
 
 Corlett 
 
 Hull 
 
 Mighell 
 
 Smith 
 
 Mr. President 
 
 Cutting 
 
 Ireland 
 
 Mills 
 
 Sneed 
 
 Yeas— 
 
 Davis 
 
 Jack 
 
 
 
 Nays- 
 
 Section 1, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to 
 the Committee on Phraseology and Style for action as provided by 
 Rule 20. 
 
 Section 2 was taken up and read at large. 
 
 Whereupon Mr. Gray offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 1. 
 
 Amend section 2 by adding the following: “and the system of State 
 Normal Schools.” , 
 
 And the question being on the adoption of the amendment, a 
 division of the Convention was had, resulting as follows: Yeas, 32; 
 nays, 17. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 2, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 53; nays, 12. 
 
 Those voting in the affirmative are: Messrs. 
 
 
 Adams 
 
 Davis 
 
 Hull 
 
 Mighell 
 
 Sneed 
 
 Barr 
 
 Dawes 
 
 Ireland 
 
 Moore 
 
 Stahl 
 
 Beckman 
 
 Dietz 
 
 Jack 
 
 Nichols 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 Torrar.ce 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, 
 
 L. C. Pinnell 
 
 Traeger 
 
 Brewster 
 
 Elting 
 
 Johnson, 
 
 W. A. Quinn 
 
 Wall 
 
 Catron 
 
 Gale 
 
 Lill 
 
 Rinaker 
 
 W arren 
 
 Clarke 
 
 Garrett 
 
 Lindly 
 
 Shuey 
 
 Wilson 
 
 Coolley 
 
 Gray 
 
 Mack 
 
 Six 
 
 Wolff 
 
 Corlett 
 
 Hogan 
 
 Mayer 
 
 Smith 
 
 Mr. President 
 
 Cutting 
 
 Hollenbeck 
 
 McEwen 
 
 
 Yeas—53. 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Cary, C. D. 
 
 Hamill 
 
 Meinert 
 
 Shanahan 
 
 Tebbens 
 
 Carlstrom 
 
 Latchford 
 
 Mills 
 
 Taff 
 
 Trautmann 
 
 Goodyear 
 
 McGuire 
 
 
 
 Nays—12. 
 
 Section 2, having received the votes of a majority of the delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 3 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 601 
 
 Amendment No. 2. 
 
 Amend section 3 by changing the period at the end of the sentence to a 
 comma and adding the words “except that, by consent of the school officers 
 holding the legal title, special assessments may be levied on school prop¬ 
 erty”; so that the section will read: 
 
 “Property received for public education and the proceeds of such prop¬ 
 erty shall not be diverted to another puropse, except that, by consent of the 
 school officers holding the legal title, special assessments may be levied on 
 school property.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 3, as amended, a 
 
 call of the roll was had, 
 Those voting in the 
 
 resulting as follows: Yeas, 
 affirmative are: Messrs. 
 
 61; nays, 0. 
 
 Adams 
 
 Davis 
 
 Hull 
 
 Mighell 
 
 Stahl 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Mills 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Johnson, L. C. 
 
 Moore 
 
 Taft 
 
 Brandon 
 
 Dunlap 
 
 Johnson, W. A. 
 
 Nichols 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. Latchford 
 
 Paddock 
 
 Torrance 
 
 Brewster 
 
 Elting 
 
 Dill 
 
 Parker 
 
 Traeger 
 
 Cary, C. D. 
 
 Gale 
 
 Ldndly 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Garrett 
 
 Mack 
 
 Rinaker 
 
 Wall 
 
 Catron 
 
 Goodyear 
 
 Mayer 
 
 Shuey 
 
 Warren 
 
 Clarke 
 
 Gray 
 
 McEwen 
 
 Six 
 
 Wolff 
 
 Coolley 
 
 Hamill 
 
 McGuire 
 
 Smith 
 
 Mr. President 
 
 Corlett 
 
 Cutting 
 
 Hogan 
 
 Hollenbeck 
 
 Meinert 
 
 Sneed 
 
 Yeas—61. 
 Nays—0. 
 
 Section 3, 
 
 having received the votes of 
 
 a majority of the delegates 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 4 was taken up and read at large. 
 
 Pending roll call, Mr. Brandon moved that further consideration of 
 section 4 be postponed. 
 
 And the motion prevailed. 
 
 Section 5 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had. 
 
 resulting as 
 
 follows: Yeas, 
 
 64; nays, 0. 
 
 
 Those v 
 
 oting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Davis 
 
 Ireland 
 
 Mighell 
 
 Sneed 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Mills 
 
 Stahl 
 
 Beckman 
 
 Dietz 
 
 Jarman 
 
 Moore 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Johnson, L. C. 
 
 Nichols 
 
 Taff 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, W. A. Paddock 
 
 Tebbens 
 
 Brewster 
 
 Elting 
 
 Latchford 
 
 Parker 
 
 Torrance 
 
 Cary, C. D. 
 
 Gale 
 
 Lill 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 Garrett 
 
 Lindly 
 
 Quinn 
 
 Trautmann 
 
 Catron 
 
 Goodyear 
 
 Mack 
 
 Rinaker 
 
 Warren 
 
 Clarke 
 
 Gray 
 
 Mayer 
 
 Shanahan 
 
 Wilson 
 
 Coolley 
 
 Hamill 
 
 McEwen 
 
 Shuey 
 
 Wolff 
 
 Corlett 
 
 Hogan 
 
 McGuire 
 
 Six 
 
 Mr. President 
 
 Cutting 
 
 Hollenbeck 
 
 Meinert 
 
 Smith 
 
 Yeas—i 
 
 Nays—0. 
 
 Section 5, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 6 was taken up and read at large. 
 
 Whereupon Mr. Gray offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 3. 
 
 Amend section 6 by inserting after the word “elections” in line 4, the 
 words “or appointment.” 
 
602 
 
 JOURNAL OF THE 
 
 [Apr. 27, 
 
 Ancl the amendment was adopted. 
 
 The question then being on the adoption of section 6, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 63; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 
 Adams 
 
 Davis 
 
 Ireland 
 
 Mills 
 
 Stahl 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Moore 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Jarman 
 
 Nichols 
 
 Taft 
 
 Brandon 
 
 Dunlap 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, W. A. 
 
 Paddock 
 
 Torrance 
 
 Brewster 
 
 Elting 
 
 Latchford 
 
 Parker 
 
 Traeger . 
 
 Cary, C. D. 
 
 Gale 
 
 Dill 
 
 Quinn 
 
 Trautmann 
 
 Carlstrom 
 
 Garrett 
 
 Mack 
 
 Rinaker 
 
 Wall 
 
 Catron 
 
 Gray 
 
 Mayer 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Hamill 
 
 McEwen 
 
 Shuey 
 
 Wolff 
 
 Coolley 
 
 Hogan 
 
 McGuire 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Hollenbeck 
 
 Meinert 
 
 Smith 
 
 Yeas—63. 
 
 Cutting 
 
 Hull 
 
 Mighell 
 
 Sneed 
 
 Nays—0. 
 
 Section 6, having received the votes of 
 
 a majority of the Delegates 
 
 elected, was 
 
 declared passed. 
 
 and, under the 
 
 rules, was 
 
 re-referred to the 
 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 By nnanimons consent, Mr. Warren was excused from further at¬ 
 
 tendance at the sessions of the Convention until Monday night. 
 
 At the hour of 6 :30 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 603 
 
 FRIDAY, APRIL 28, 1922, 9:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. J. C. Brown, of the First Methodist 
 Episcopal Church, of Rushville. 
 
 The Journal of Wednesday, April 26th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25th, the Secretary 
 called the roll of the Convention, which resulted as follows: Pres¬ 
 ent, 70. 
 
 Those .voting present are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Adamkiewicz 
 
 Davis 
 
 Hollenbeck 
 
 Mighell 
 
 Sneed 
 
 Barr 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Stahl 
 
 Beckman 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 TafC 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Tebbens 
 
 Brewster 
 
 Elting 
 
 Johnson, L. C. 
 
 Parker 
 
 Torrance 
 
 Cary, C. D. 
 
 Fyke 
 
 Johnson, W. A. 
 
 Pincus 
 
 Traeger 
 
 Carlstrom 
 
 Gale 
 
 Latchford 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Ganschow 
 
 Lill 
 
 Quinn 
 
 Wall 
 
 Chew 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Wolff 
 
 Coolley 
 
 Corlett 
 
 Gray 
 
 Hamill 
 
 McEwen 
 
 McGuire 
 
 Shuey 
 
 Six 
 
 Woodward 
 Mr. President 
 
 Present—70. 
 
 By unanimous consent Mr. Stahl was excused from further attend¬ 
 ance at the sessions of the Convention until Monday. 
 
 By unanimous consent Mr. Hollenbeck was excused from further 
 attendance at the sessions of the Convention until Tuesday. 
 
 Bv unanimous consent Mr. Wolff was excused from further attend- 
 ance at the sessions of the Convention until Monday. 
 
 By unanimous consent Mr. Wilson was excused from attendance at 
 the sessions of the Convention held on Monday. 
 
 By unanimous consent Mr. Cutting was excused from further at¬ 
 tendance at the sessions of the Convention until Monday. 
 
 The Convention proceeding upon the consideration of Report Xo. 
 19, of the Committee on Phraseology and Style, on the subject of Ex¬ 
 ecutive Department, section 1 thereof was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption. 
 
 Amendment No. 1. 
 
 Amend section 1 by adding in the first line of the second paragraph 
 after the word “officers” the word “specifically” sc that the section will read: 
 
 “Section 1. The Executive Department shall consist of a Governor. 
 Lieutenant Governor. Secretary of State, Attorney General, Treasurer, 
 Auditor of Public Accounts, Superintendent of Public Instruction and such 
 other officers as provided by law. 
 
604 
 
 JOURNAL OF THE 
 
 [Apr. 28, 
 
 “The officers specifically named in this section shall be elected for terms 
 of four years from the second Monday in January after their election. Ex¬ 
 cept the Lieutenant Governor, they shall reside at the seat of government 
 during their terms. 
 
 “The public records and papers of the Executive Department shall be 
 kept at the seat of government.'’ 
 
 And the amendment was adopted. 
 
 Mr. Hull offered the following amendment and moved its adoption: 
 
 Amendment No. 2. 
 
 Amend section 1 by adding at the end thereof the following: 
 
 “The Legislature may, by a two-thirds vote of the members elected to 
 each House and entered upon the Journal, provide that the office of Secretary 
 of State, Treasurer and Superintendent of Public Instruction shall be filled 
 by appointment by the Governor.” 
 
 The question being on the adoption of the amendment, on demand 
 of five Delegates, a call of the roll was had, resulting as follows: Yeas, 
 38; nays, 21. 
 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Catron 
 
 Corlett 
 
 Cutting 1 
 
 Davis 
 
 Dawes 
 
 Dupuy, G. A. 
 
 Fyke 
 
 Garrett 
 
 Hamill 
 
 Hollenbeck 
 
 Hull 
 
 Johnson, L. C. 
 
 Latchford 
 
 Lindly 
 
 Mack 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Trautmann 
 
 Wall 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—38. 
 
 Those voting in the negative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Brewster 
 
 Carlstrom 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Dietz 
 
 Dunlap 
 
 Elting 
 
 Gale 
 
 Goodyear 
 
 Gray 
 
 Hogan 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, W. A. 
 
 Dill 
 
 McEwen 
 
 McGuire 
 
 Meinert 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Pincus 
 Smith ■ 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Traeger 
 
 Nays—31. 
 
 And the amendment was adopted. 
 
 Mr. Elting offered the following amendment and moved its adop¬ 
 
 tion : 
 
 Amendment No. 3. 
 
 Amend the second paragraph of section 1, by inserting after the word 
 “election” in the 4th line, the following: “Provided the Governor shall not 
 be eligible to succeed himself or be a candidate for any office during his 
 term.” 
 
 And the amendment was lost. 
 
 Mr. Jarman offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 4. 
 
 Amend section 1 by inserting after the word “years” in line 3 of para¬ 
 graph 2, the following: “Except Treasurer, whose term of office shall be 
 two years.” 
 
 And the amendment was lost. 
 
 Mr. G. A. Dupuy offered the following amendment and moved its 
 adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 605 
 
 Amendment No. 5. 
 
 Amend section 1. by inserting- after the word “election” in the 4th line 
 of the second paragraph the following: “Provided the Governor shall not 
 succeed himself.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 28; nays, 41. 
 
 And the amendment was lost. 
 
 Mr. Binaker offered the following amendment and moved 'its adop¬ 
 tion : 
 
 Amendment No. 6. 
 
 Amend section 1, as amended, by inserting the words “Attorney General” 
 after the words “Secretary of State.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 38; nays, 23. 
 
 And the amendment was adopted. 
 
 Mr. Sutherland offered the following amendment and moved its 
 adoption: 
 
 Amendment No. 7. 
 
 Amend section I by adding at the end thereof the following: “When¬ 
 ever the General Assembly shall provide for the appointment of any of these 
 officers, it shall coincidently provide for a complete system of civil service 
 for all offices of this State.” 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 1, as 
 amended, a call of the roll was had, resulting as follows: Yeas, 40; 
 
 navs, 30. 
 
 Those voting in the affirmative are 
 
 : Messrs. 
 
 
 Barr 
 
 Corlett 
 
 Hamill 
 
 Mills 
 
 Taff 
 
 Beckman 
 
 Cutting 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brandon 
 
 Davis 
 
 Ireland 
 
 Pinnell 
 
 Traeger 
 
 Brenholt 
 
 Dawes 
 
 Johnson, L. C. Quinn 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Catron 
 
 Fyke 
 
 Lindly 
 
 Shanahan 
 
 Wolff 
 
 Chew 
 
 Ganschow 
 
 Mack 
 
 Shuey 
 
 Woodward 
 
 Clarke 
 
 Garrett 
 
 Mighell 
 
 Six 
 
 Mr. President 
 
 Yeas—40. 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dunlap 
 
 Hull 
 
 McGuire 
 
 Smith 
 
 Adamkiewicz 
 
 Siting 
 
 Jack 
 
 Meinert 
 
 Sneed 
 
 Brewster 
 
 Gale 
 
 Jarman 
 
 Nichols 
 
 Stahl 
 
 Carlstrom 
 
 Goodyear 
 
 Johnson, W. 
 
 A. Paddock 
 
 Sutherland 
 
 Coolley 
 
 Gray 
 
 Lill 
 
 Parker 
 
 Tebbens 
 
 Dietz 
 
 Hogan 
 
 McEwen 
 
 Pincus 
 
 Wall 
 
 Nays—30. 
 
 Section 1, having received the votes of less than a 
 Delegates elected, failed to pass. 
 
 majority of the 
 
 Mr. Hull 
 
 moved to reconsider the vote by which 
 
 section 1 had 
 
 failed to pass. 
 
 And the motion prevailed. 
 
 Mr. Hull thereupon moved to amend section 1 by striking out the 
 words “Attorney General.” 
 
 And the motion prevailed. 
 
606 
 
 JOURNAL OF THE 
 
 [Apr. 28, 
 
 Mr. Gale moved to amend section 1 by striking out the words 
 “Superintendent of Public Instruction.” 
 
 And the motion was lost. 
 
 The question again being on the adoption of section 1, as amended, 
 
 a call of the roll was had, resulting as follows: Yeas, 43; nays, 27. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Barr 
 
 Cutting 
 
 Hull 
 
 Moore 
 
 Taff 
 
 Beckman * 
 
 Davis 
 
 Ireland 
 
 Paddock 
 
 Torrance 
 
 Brandon 
 
 Dawes 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Traeger 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Latchford 
 
 Quinn 
 
 Wall 
 
 Cary, C. D. 
 
 Fyke 
 
 Lindly 
 
 Rinaker 
 
 Wilson 
 
 Catron 
 
 Ganschow 
 
 Mack 
 
 Shanahan 
 
 Wolff 
 
 Chew 
 
 Garrett 
 
 McEwen 
 
 Shuey 
 
 Woodward 
 
 Clarke 
 
 Hamill 
 
 Mighell 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Hollenbeck 
 
 Mills 
 
 
 Teas—43. 
 
 Those 
 
 voting in the negative are: Messrs. 
 
 
 Adams 
 
 Dunlap 
 
 Jack 
 
 Meinert 
 
 Sneed 
 
 Adamkiewicz 
 
 Elting 
 
 Jarman 
 
 Nichols 
 
 Stahl 
 
 Brewster 
 
 Gale 
 
 Johnson, W. A. 
 
 Parker 
 
 Sutherland 
 
 Carlstrom 
 
 Goodyear 
 
 Lill 
 
 Pincus 
 
 Tebbens 
 
 Coolley 
 
 Gray 
 
 McGuire 
 
 Smith 
 
 Trautmann 
 
 Dietz 
 
 Hogan 
 
 
 
 Nays—27. 
 
 Section 1, having received the votes of less than a 
 
 majority of the 
 
 Delegates elected, failed to 
 
 pass. 
 
 
 
 Mr. Trautmann moved to reconsider the vote by 
 
 which section 1 
 
 had failed to pass. 
 
 
 
 
 And the motion prevailed. 
 
 Mr. Trautmann thereupon moved to amend section 1 by striking 
 
 out the last sentence thereof. 
 
 And the motion prevailed. 
 
 The question again being on the adoption of section 1, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 65; nays, 5. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 • 
 
 Adams 
 
 Corlett 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Adamkiewicz 
 
 Cutting 
 
 Hogan 
 
 Meinert 
 
 Six 
 
 Barr 
 
 Davis 
 
 Hollenbeck 
 
 Mighell 
 
 Smith 
 
 Beckman 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Sneed 
 
 Brandon 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Stahl 
 
 Brenholt 
 
 Dunlap 
 
 Jarman 
 
 Nichols 
 
 Sutherland 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Paddock 
 
 Taff 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, W. A 
 
 Parker 
 
 Tebbens 
 
 Carlstrom 
 
 FTke 
 
 Latchford 
 
 Pincus 
 
 Torrance 
 
 Catron 
 
 Gale 
 
 Lill 
 
 Pinnell 
 
 Traeger 
 
 Chew 
 
 Ganschow 
 
 Lindly 
 
 Quinn 
 
 Trautmann 
 
 Clarke 
 
 Garrett 
 
 Mack 
 
 Rinaker 
 
 Wall 
 
 Coolley 
 
 Goodyear 
 
 McEwen 
 
 Shanahan 
 
 Mr. President 
 Yeas—65 
 
 Those voting in the negative are: Messrs. 
 
 Hamill Hull Wilson Wolff Woodward 
 
 Nays—5. 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Eule 20. 
 Section 2 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 69; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 607 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 Adams 
 
 Cutting 
 
 Hogan 
 
 Mighell 
 
 Adamkiewicz 
 
 Davis 
 
 Hollenbeck 
 
 Mills 
 
 Barr 
 
 Dawes 
 
 Ireland 
 
 Moore 
 
 Beckman 
 
 Dietz 
 
 Jack 
 
 Nichols 
 
 Brandon 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Parker 
 
 Brewster 
 
 Elting 
 
 Johnson, W. A. 
 
 Pincus 
 
 Cary, C. D. 
 
 Fyke 
 
 Latchford 
 
 Pinnell 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Quinn 
 
 Catron 
 
 Ganschow 
 
 Lindly 
 
 Rinaker 
 
 Chew 
 
 Garrett 
 
 Mack 
 
 Shanahan 
 
 Clarke 
 
 Goodyear 
 
 McEwen 
 
 Shuey 
 
 Coolley 
 
 Gray 
 
 McGuire 
 
 Six 
 
 Corlett 
 
 Hamill 
 
 Meinert 
 
 Smith 
 
 Sneed 
 Stahl 
 
 Sutherland 
 Taff 
 Tebbens 
 Torrance 
 Traeger 
 Trautmann 
 Wall 
 Wilson 
 Wolff 
 Woodward 
 Mr. President 
 
 Teas—69. 
 
 Nays—0. 
 
 Section 2, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 Section 3 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 69; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Sneed 
 Stahl 
 
 Sutherland 
 Taff 
 Tebbens 
 Torrance 
 Traeger 
 Trautmann 
 Wall 
 Wilson 
 Wolff 
 Woodward 
 Mr. President 
 
 Yeas—69. 
 
 Nays—0. 
 
 Section 3, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 Section 4 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: A r eas, 66; nays, 0. 
 
 Those v 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 Section 414 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 Adams 
 
 Davis 
 
 Hollenbeck 
 
 Mighell 
 
 Adamkiewicz 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Barr 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Beckman 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Brenholt 
 
 Elting 
 
 Johnson, L. C. 
 
 Parker 
 
 Brewster 
 
 Fyke 
 
 Johnson, W. A. 
 
 Pincus 
 
 Cary, C. D. 
 
 Gale 
 
 Latchford 
 
 Pinnell 
 
 Carlstrom 
 
 Ganschow 
 
 Lill 
 
 Quinn 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Clarke 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Coolley 
 
 Gray 
 
 McEwen 
 
 Shuey 
 
 Corlett 
 
 Hamill 
 
 McGuire 
 
 Six 
 
 Cutting 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 mg in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Cutting 
 
 Hollenbeck 
 
 Mighell 
 
 Stahl 
 
 Davis 
 
 Ireland 
 
 Mills 
 
 Sutherland 
 
 Dawes 
 
 Jack 
 
 Moore 
 
 Taff 
 
 Dietz 
 
 Jarman 
 
 Nichols 
 
 Tebbens 
 
 Dunlap 
 
 Johnson, L. C. 
 
 Paddock 
 
 Torrance 
 
 Elting 
 
 Johnson, W. A. 
 
 Parker 
 
 Traeger 
 
 Fyke 
 
 Latchford 
 
 Pincus 
 
 Trautmann 
 
 Gale 
 
 Lill 
 
 Pinnell 
 
 Wall 
 
 Ganschow 
 
 Lindly 
 
 Rinaker 
 
 Wilson 
 
 Garrett 
 
 Mack 
 
 Shuey 
 
 Wolff 
 
 Goodyear 
 
 McEwen 
 
 Six 
 
 Woodward 
 
 Gray 
 
 McGuire 
 
 Smith 
 
 Mr. President 
 
 Hamill 
 
 Meinert 
 
 Sneed 
 
 Yeas—6 
 
 Hogan 
 
 
 
 Nays—' 
 
608 
 
 JOURNAL OF THE 
 
 [Apr. 28. 
 
 Amendment No. 8. 
 
 Amend the note at the end of section four so that the figures in the last 
 line will read “1926,” so that the note will read: 
 
 “To be put in schedule. After the adoption of this Constitution the 
 first election for Governor, Lieutenant Governor, Secretary of State, Attorney 
 General, Treasurer, and Auditor of Public Accounts shall be held in 1924 
 and the first election for Superintendent of Public Instruction in 1926.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 4as amended, 
 a call of the roll was had, resulting as follows: Yeas, 66; nays, 0. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Hogan 
 
 Meinert 
 
 Six 
 
 Adamkiewicz 
 
 Davis 
 
 Hollenbeck 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Sneed 
 
 Beckman 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Jarman 
 
 Nichols 
 
 TafC 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 .Tohnson, L. C. 
 
 Paddock 
 
 Tebbens 
 
 Brewster 
 
 Elting 
 
 Johnson, W. A. 
 
 Parker 
 
 Traeger 
 
 Cary, C. D. 
 
 Fyke 
 
 Latchford 
 
 Pincus 
 
 Trautmann 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Pinnell 
 
 Wall 
 
 Catron 
 
 Ganschow 
 
 Lindly 
 
 Quinn 
 
 woife 
 
 Chew 
 
 Garrett 
 
 Mack 
 
 Rinaker 
 
 Woodward 
 
 Clarke 
 
 Goodyear 
 
 McEwen 
 
 Shanahan 
 
 Mr. President 
 
 Coolley 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Yeas—66. 
 
 Corlett 
 
 Hamill 
 
 
 
 Nays—0. 
 
 Section 414, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 5 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, 
 
 resulting as 
 
 follows: Yeas, i 
 
 67; nays, 0. 
 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Hogan 
 
 Mighell 
 
 Sneed 
 
 Adamkiewicz 
 
 Davis 
 
 Hollenbeck 
 
 Mills 
 
 Sutherland 
 
 Barr 
 
 Dawes 
 
 Ireland 
 
 Nichols 
 
 Taff 
 
 Beckman 
 
 Dietz 
 
 Jack 
 
 Paddock 
 
 Tebbens 
 
 Brandon 
 
 Dunlap 
 
 Jarman 
 
 Parker 
 
 Torrance 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Pincus 
 
 Traeger 
 
 Brewster 
 
 Elting 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Trautmann 
 
 Cary, C. D. 
 
 Fyke 
 
 Latchford 
 
 Quinn 
 
 Wall 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Rinaker 
 
 Wilson 
 
 Catron 
 
 Ganschow 
 
 Lindly 
 
 Shanahan 
 
 Wolff 
 
 Chew 
 
 Garrett 
 
 Mack ., 
 
 Shuey 
 
 Woodward 
 
 Clarke 
 
 Goodyear 
 
 McEwen 
 
 Six 
 
 Mr. President 
 
 Coolley 
 
 Gray 
 
 McGuire 
 
 Smith 
 
 Yeas—6 
 
 Corlett 
 
 Hamill 
 
 Meinert 
 
 
 Nays— 1 
 
 Sections, 
 
 having received the votes of 
 
 a majority of 
 
 the Delegate 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 6 was taken up and read at large. 
 
 Whereupon Mr. Trautmann offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 9. 
 
 Amend section 6 by striking out the last paragraph thereof. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 6, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 65; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 609 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 Adams 
 
 Cutting 
 
 Hogan 
 
 Mighell . 
 
 Adamkiewicz 
 
 Davis 
 
 Hollenbeck 
 
 Mills 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Moore 
 
 Beckman 
 
 Dietz 
 
 Jarman 
 
 Nichols 
 
 Brandon 
 
 Dunlap 
 
 Johnson, L. C. 
 
 Paddock 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, W. A. 
 
 Parker 
 
 Brewster 
 
 Elting 
 
 Latchford 
 
 Pincus 
 
 Cary, C, D. 
 
 Fyke 
 
 Lill 
 
 Pinnell 
 
 Carlstrom 
 
 Gale 
 
 Lindly 
 
 Quinn 
 
 Catron 
 
 Ganschow 
 
 Mack 
 
 Rinaker 
 
 Chew 
 
 Garrett 
 
 McEwen 
 
 Shanahan 
 
 Clarke 
 
 Goodyear 
 
 McGuire 
 
 Shuey 
 
 Coolley 
 
 Gray 
 
 Meinert 
 
 Six 
 
 Corlett 
 
 
 
 
 Smith 
 Sneed 
 Sutherland 
 Taft 
 Tebbens 
 Torrance 
 Traeger 
 Trautmann 
 Wall 
 Wolff 
 Woodward 
 Mr. President 
 
 Yeas—65. 
 Nays—0, 
 
 section U, uavixrg ic^vcu of the Delegates 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 7 was taken up and read at large. 
 
 Whereupon Mr. Shanahan offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 10. 
 
 Amend section 7, in line 6, by inserting the word “additional'’ after the 
 word “one.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 7, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 67 ; nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Cutting Hollenbeck Mighell 
 
 Davis Hull Mills 
 
 Dawes Ireland Moore 
 
 Jack Nichols 
 
 Jarman Paddock 
 
 Johnson, D. C. Parker 
 Johnson, W. A. Pincus 
 Latchford Pinnell 
 
 Lill Quinn 
 
 Lindly Rinaker 
 
 Mack Shanahan 
 
 McEwen Shuey 
 
 McGuire Six 
 
 Meinert 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 8 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fyke 
 Gale 
 
 Ganschow 
 Garrett 
 Goodyear 
 Gray 
 Hogan 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—67. 
 
 Nays—0. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 Adams 
 
 Corlett 
 
 Hogan 
 
 Mighell 
 
 Adamkiewicz 
 
 Cutting 
 
 Hollenbeck 
 
 Mills 
 
 Barr 
 
 Davis 
 
 Hull 
 
 Moore 
 
 Beckman 
 
 Dawes 
 
 Jack 
 
 Nichols 
 
 Brandon 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Parker 
 
 Brewster 
 
 Elting 
 
 Johnson, W. A. 
 
 Pincus 
 
 Cary, C. D. 
 
 Fyke 
 
 Latchford 
 
 Pinnell 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Quinn 
 
 Catron 
 
 Ganschow 
 
 Lindly 
 
 Rinaker 
 
 Chew 
 
 Garrett 
 
 Mack 
 
 Shanahan 
 
 Clarke 
 
 Goodyear 
 
 McEwen 
 
 Shuey 
 
 Coolley 
 
 Gray 
 
 McGuire 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—64. 
 
 Nays—0. 
 
 —39 C J 
 
610 
 
 JOURNAL OF THE 
 
 [Apr. 28. 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was" re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 By unanimous consent Mr. Brewster was excused from further 
 attendance at the sessions of the Convention until Monday. 
 
 By unanimous consent Mr. McEwen was excused from further 
 attendance at the sessions of the Convention until Monday. 
 
 Mr. Gr. A. Dupuy moved that when the Convention adjourns 
 tomorrow it adjourn at noon. 
 
 Mr. Hamill moved to lay that motion on the table. 
 
 The question being on the motion to table, it was decided in the 
 affirmative. 
 
 And the motion was lost. 
 
 Mr. Barr moved that when the Convention adjourns tomorrow it 
 do not adjourn until 6 or 7 o’clock p. m. 
 
 And the motion prevailed. 
 
 At the hour of 12:30 o’clock p. m., Mr. Moore moved that the 
 Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o'Clock P. M. 
 
 The hour of 2:00 o’clock p. m. having arrived, the Convention 
 resumed its session. 
 
 The President presiding. « 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of Report Yo. 19, of the Committee on Phraseology and Style, 
 section 9 thereof was taken up and read at large. 
 
 Whereupon Mr. Trautmann moved to amend section 9 by striking 
 out the last paragraph thereof. 
 
 And the motion prevailed. 
 
 The question then being on the adoption of section 9, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 57; nays, 0. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Davis 
 
 Hamill 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Hull 
 
 Morris 
 
 Taft 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Parker 
 
 Torrance 
 
 Brewster 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 F*yke 
 
 Johnson, W. A. 
 
 Quinn 
 
 Trautmann 
 
 Chew 
 
 Gale 
 
 Latchford 
 
 Rinaker 
 
 Wolff 
 
 Clarke 
 
 Ganschow 
 
 Dili 
 
 Shanahan 
 
 Woodward 
 
 Coolley 
 
 Garrett 
 
 Lindly 
 
 Shuey 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Mack 
 
 Six 
 
 Yeas—57. 
 
 Cutting 1 
 
 Gray 
 
 McGuire 
 
 
 Nays—0. 
 
 Section 9, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Hamill called the attention of the Convention to the fact that 
 he missed a number of roll calls during the morning session, that he 
 was ill and lying down in the President’s room and asked the Conven¬ 
 tion to excuse his absence, and the request was unanimously granted. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 611 
 
 Section 10 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Aeas, 56; nays, 0 
 Those voting in the affirmative are: 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Catron 
 
 Fyke 
 
 Johnson, W. A 
 
 Chew 
 
 Gale 
 
 Latchford 
 
 Clarke 
 
 Ganschow 
 
 Dill 
 
 Coolley 
 
 Garrett 
 
 Lindly 
 
 Corlett 
 
 Goodyear 
 
 
 Messrs. 
 
 Mack 
 
 McGuire 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Parker 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Shuey 
 
 Smith 
 Sutherland 
 Taff 
 Tebbens 
 Torrance 
 Traeger 
 Trautmann 
 WolfC 
 Woodward 
 Mr. President 
 
 Yeas—56. 
 Nays—0. 
 
 Section 10, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 11 was taken up and read at large. 
 
 Whereupon Mr. Hull offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 11. 
 
 Amend section 11 by inserting' therein, after the word offenses the 
 following words, “unless otherwise limited by law." 
 
 And the amendment was lost. 
 
 The question then being on the adoption oi the section, a call of the 
 
 63; nays, 0. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cutting 
 
 ng in the 
 
 affirmative are: 
 
 Messrs. 
 
 Davis 
 
 Hogan 
 
 Mighell 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Parker 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Fyke 
 
 Johnson, W. A 
 
 Pinnell 
 
 Gale 
 
 Latchford 
 
 Quinn 
 
 Ganschow 
 
 Lill 
 
 Rinaker 
 
 Garrett 
 
 Lindly 
 
 Shanahan 
 
 Goodyear 
 
 Mack 
 
 Shuey 
 
 Gray 
 
 McGuire 
 
 Six 
 
 Hamill 
 
 Meinert 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 TafC 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—63. 
 
 Nays—0. 
 
 Section 11, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 
 Section 12 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 61; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Adamkiewicz 
 
 Dietz 
 
 Barr 
 
 Dunlap 
 
 Brandon 
 
 Dupuy, G. A, 
 
 Brenholt 
 
 Elting 
 
 Cary, C. D. 
 
 Fyke 
 
 Carlstrom 
 
 Gale 
 
 Catron 
 
 Ganschow 
 
 Chew 
 
 Garrett 
 
 Clarke 
 
 Goodyear 
 
 Coolley 
 
 Gray 
 
 Corlett 
 
 Hamill 
 
 Davis 
 
 Hogan 
 
 Hull 
 
 Mighell 
 
 Ireland 
 
 Mills 
 
 Jack 
 
 Moore 
 
 Jarman 
 
 Paddock 
 
 Johnson, L. C. 
 
 Parker 
 
 Johnson, W. A. 
 
 Pincus 
 
 Latchford 
 
 Pinnell 
 
 Lill 
 
 Quinn 
 
 Lindly 
 
 Rinaker 
 
 Mack 
 
 Shanahan 
 
 McGuire 
 
 Shuey 
 
 Meinert 
 
 Six 
 
 Smith 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Y eas ’61. 
 
 Nays—0. 
 
 I 
 
612 
 
 JOURNAL OF THE 
 
 [Apr. 28, 
 
 Section 12, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 13 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, 
 
 resulting as 
 
 follows: Yeas, 
 
 61; nays, 0. 
 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Sneed 
 
 Adamkiewicz 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Sutherland 
 
 Barr 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 TafiC 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Parker 
 
 Tebbens 
 
 Brenholt 
 
 Elting 
 
 Johnson, W. A. Pincus 
 
 Torrance 
 
 Cary, C. D. 
 
 Fyke 
 
 Latchford 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Quinn 
 
 Trautmann 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Wall 
 
 Chew 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Wolfe 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Hamill 
 
 Meinert 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Hogan 
 
 Mighell 
 
 Smith 
 
 Teas—61. 
 
 Davis 
 
 Hull 
 
 
 
 Nays—0. 
 
 Section 13, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 14 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, 
 
 resulting as 
 
 follows: Yeas, 
 
 62; nays, 0. 
 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Sneed 
 
 Adamkiewicz 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Sutherland 
 
 Barr 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 TafE 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Parker 
 
 Tebbens 
 
 Brandon 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Torrance 
 
 Brenholt 
 
 Fyke 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Traeger 
 
 Cary, C. D. 
 
 Gale 
 
 Latchford 
 
 Quinn 
 
 Trautmann 
 
 Carlstrom 
 
 Ganschow 
 
 Lill 
 
 Rinaker 
 
 Wall 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Shanahan 
 
 Wolff 
 
 Chew 
 
 Goodyear 
 
 Mack 
 
 Shuey 
 
 Woodward 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Six 
 
 Mr. President 
 
 Coolley 
 
 Hamill 
 
 Meinert 
 
 Smith 
 
 Yeas—62. 
 
 Corlett 
 
 Hogan 
 
 Mighell 
 
 
 Nays—0. 
 
 Section 14, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 15 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 61; nays, 0. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Davis 
 
 Hull 
 
 Mighell 
 
 Smith 
 
 Adamkiewicz 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Sutherland 
 
 Barr 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Taff 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 Tebbens 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Parker 
 
 Torrance 
 
 Brenholt 
 
 Elting 
 
 Johnson, W. A. 
 
 Pincus 
 
 Traeger 
 
 Cary, C. D. 
 
 Fyke 
 
 Latchford 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Quinn 
 
 Wall 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Wolff 
 
 Chew 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Woodward 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Mr. President 
 
 Coolley 
 
 Hamill 
 
 Meinert 
 
 Six 
 
 Yeas— 
 
 Corlett 
 
 Hogan 
 
 
 
 Nays- 
 
 Section 15, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 613 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Ganschow 
 Garrett 
 Goodyear 
 Gray 
 Hamill 
 
 Sneed 
 
 Sutherland 
 
 TafC 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—63. 
 
 Nays—0. 
 
 Section 16 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Teas, 6o, nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Hogan Mighell 
 
 Hull Mills 
 
 Ireland Moore 
 
 Jack Paddock 
 
 Jarman Parker 
 
 Johnson, L. C. Pincus 
 Johnson, W. A. Pinnell 
 Latchford Quinn 
 
 Lill Rinaker 
 
 Lindly Shanahan 
 
 Mack Shuey 
 
 McGuire Six 
 
 _ Meinert Smith 
 
 Section 16, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 17 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 62; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Sneed 
 
 - Sutherland 
 Taff 
 Tebbens 
 Torrance 
 Traeger 
 Trautmann 
 Wall 
 Wolff 
 Woodward 
 Mr. President 
 
 Yeas —62. 
 Nays — 0. 
 
 Section 17, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided b} r Rule 20. 
 Section 18 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 12. 
 
 Adams 
 
 Davis 
 
 Hull 
 
 Mills 
 
 Adamkiewicz 
 
 Dawes 
 
 Ireland 
 
 Moore 
 
 Barr 
 
 Dietz 
 
 Jack 
 
 Paddock 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Parker 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Pincus 
 
 Brenholt 
 
 Elting 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Cary, C. D. 
 
 Fyke 
 
 Latchford 
 
 Quinn 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Rinaker 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Shanahan 
 
 Chew 
 
 Goodyear 
 
 Mack 
 
 Shuey 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Six 
 
 Coolley 
 
 Hamill 
 
 Meinert 
 
 Smith 
 
 Corlett 
 
 Hogan 
 
 Mighell 
 
 
 Amend section 18, so as to read as follows: 
 
 “Section 18. The officers of the Executive Department shall be paid 
 salaries and shall not receive to their own use any fees, costs, perquisites 
 of office or other compensation. 
 
 All fees and costs payable by law for services performed by any officer 
 of the Executive Department shall be paid in advance into the State 
 Treasury.” 
 
 Pending consideration, Mr. Qninn offered the following as a sub¬ 
 stitute for Amendment No. 12, and moved its adoption: 
 
 Amend section 18 at the end of the first paragraph by striking on" the 
 period, inserting a comma and add the following: “Accompanied by an 
 itemized detailed report, verified by the affidavit of such officer, showing the 
 source from which such fees, costs, interests on funds, perquisites or com¬ 
 pensation came,’ and by adding after the word “costs” in the first paragraph 
 the Words, “interests on funds.” 
 
614 
 
 JOURNAL OF THE 
 
 [Apr. 28, 
 
 And the substitute for Amendment No. 12 was adopted. 
 
 Fending discussion, Mr. Trautmann moved that further considera¬ 
 tion of section 18 be postponed. 
 
 And the motion prevailed. 
 
 Section 19 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 59; nays, 4. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 Sneed 
 
 Davis 
 
 Hamill 
 
 McGuire 
 
 Sutherland 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 Taff 
 
 Dietz 
 
 Hull 
 
 Paddock 
 
 Tebbens 
 
 Dunlap 
 
 Ireland 
 
 Parker 
 
 Torrance 
 
 Dupuy, G. A. 
 
 Jack 
 
 Pincus 
 
 Traeger 
 
 Elting 
 
 Jarman 
 
 Pinnell 
 
 Trautmann 
 
 Fyke 
 
 Johnson, L. C. 
 
 Quinn 
 
 Wall 
 
 Gale 
 
 Johnson, W. A. 
 
 Shanahan 
 
 Wolff 
 
 Ganschow 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Garrett 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Goodyear 
 
 Lindly 
 
 Smith 
 
 Yeas— 
 
 Those voting in the negative are: 
 
 Barr Mighell Mills 
 
 Messrs. 
 
 Rinaker 
 
 Nays—4. 
 
 Section 19, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Mr. Gale moved to reconsider the vote by which section 19 was 
 
 adopted. 
 
 The motion prevailed. 
 
 And section 19 was again taken up. 
 
 Mr. Gale thereupon moved that further consideration of section 19 
 be postponed. 
 
 And the motion prevailed. 
 
 Section 20 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 63; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cruden 
 
 Hull 
 
 Mills 
 
 Sneed 
 
 Adamkiewicz 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Sutherland 
 
 Barr 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Taff 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Tebbens 
 
 Brandon 
 
 Elting 
 
 Johnson, L. C. 
 
 Parker 
 
 Torrance 
 
 Brenholt 
 
 Pyke 
 
 Johnson, W. A. 
 
 Pincus 
 
 Traeger 
 
 Cary, C. D. 
 
 Gale 
 
 Latchford 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Ganschow 
 
 Lill 
 
 Quinn 
 
 Wall 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Wolff 
 
 Chew 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Woodward 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Mr. President 
 
 Coolley 
 
 Hamill 
 
 Meinert 
 
 Six 
 
 Yeas—63. 
 
 Corlett 
 
 Hogan 
 
 Mighell 
 
 Smith 
 
 Nays—0. 
 
 Section 20, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Kule 20. 
 Section 21 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 64; nays, 0. 
 
1922. 
 
 CONSTITUTIONAL CON VENTION. 
 
 Those voting in the affirmative are : Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Goodyear 
 
 Gray 
 
 Hamill 
 
 Hogan 
 
 Hull 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Latchford 
 
 Lill 
 
 Dindly 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 G15 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—64. 
 
 Nays—0. 
 
 Section 21, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to t re 
 Committee on Phraseology and Style for action as provided by Rnle 20. 
 Section 22 was taken up and read at large. 
 
 Whereupon Mr. Taff moved to amend section 22 by striking out tiie 
 
 word “town” in line 2 thereof. 
 
 And the motion was lost. 
 
 The question then being on the adoption of the section, a call olt e 
 roll was had, resulting as follows: Yeas, 56; nays, 7. 
 
 Those voting in the affirmative are: Messrs. 
 
 Hull Meinert 
 
 Ireland Mighell 
 
 Jack 
 Jarman 
 Johnson, L. C. 
 
 Johnson, W. A 
 Latchford 
 Lill 
 Lindly 
 
 Dawes 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 FYke 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gray 
 
 Hamill 
 
 Hogan 
 
 Mack 
 McGuire 
 
 Moore 
 Nichols 
 Paddock 
 Parker 
 Pincus 
 Pinnell 
 Quinn 
 Rinaker 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Woodward 
 
 Yeas—56. 
 
 Messrs. 
 
 Wolff 
 
 Mr. President 
 
 Nays—7. 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Cary, C. D. 
 
 Catron 
 Chew 
 Clarke 
 Corlett 
 Cruden 
 
 Those voting in the negative are: 
 
 Carlstrom Goodyear Sutherland 
 
 Dietz Mills _ ^ 
 
 Section 22, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20.. 
 
 The Convention proceeding upon the consideration ol Report iNo. 
 17. of the Committee on Phraseology and Style, on the subject of coun¬ 
 ties, section 1 was taken up and read at large. ^ , 
 
 tYhereupon Mr. Clarke moved to strike out the figures R - am 
 
 insert in lieu thereof the figures “1926.” 
 
 And the motion prevailed. 
 
 Air. Parr offered the following amendment and moved its adoption. 
 
 Amendment No. 1. 
 
 Amend section 1 by inserting after the word “Assessor’’ the following 
 words: “and such other officers as may be provided by law. 
 
 • The question being on the adoption of the amendment a division of 
 the Convention was had, resulting as follows: Teas, 20; nays, 21. 
 
 And the amendment was lost. 
 
 Air. Taff offered the following amendment and moved its adoption: 
 
616 
 
 JOURNAL OF THE 
 
 [Apr. 28, 
 
 Amendment No. 2. 
 
 Amend section 1 by striking out the words “in each county there shall 
 be an assessor to be selected as the General Assembly may provide.” 
 
 And the amendment was lost. 
 
 Mr. Barr offered the following amendment and moved its adoption: 
 
 Amendment No. 3. 
 
 Amend section 1, line 11, after the word “elected” by inserting the^ fol¬ 
 lowing words: “And in counties of seventy thousand or more population a 
 county auditor may be selected as provided by law.” 
 
 Mr. Davis moved the previous question on the amendment. 
 
 And the question being, “Shall the main question be now put?” it 
 was decided in the affirmative. 
 
 The question then being on the adoption of Amendment Xo. 3, it 
 was decided in the affirmative. 
 
 And the amendment was adopted. 
 
 Mr. Coolley offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 4. 
 
 Amend section 1, as amended, by striking out the words “In cities of 
 over 70,000 or more population.” 
 
 The’ question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: Yeas, 31; na} r s, 19. 
 
 And the amendment was adopted. 
 
 Mr. Taff offered the following amendment and moved its adoption: 
 
 Amendment No. 5. 
 
 Amend section 1 by striking out the words “a coroner and” in the sixth 
 line thereof. 
 
 And the amendment was lost. 
 
 Mr. Jarman offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 6. 
 
 Amend section 1 as follows: Insert after the word “selected” in the 
 amendment adopted, the following words: “In counties of 50,000 population 
 or more.” 
 
 The question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: Yeas, 21; nays, 17. 
 
 And the amendment was adopted. 
 
 Mr. Brenholt offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 7. 
 
 Amend section 1 by providing that in counties over 70,000 a probate 
 clerk may be provided by law. 
 
 And the amendment was- lost. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 617 
 
 The question then being on the adoption of section 1, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 58; nays, 4. 
 Those voting in the affirmative are: • Messrs. 
 
 Adams 
 
 Cruden 
 
 Hull 
 
 Mighell 
 
 Six 
 
 Adamkiewicz 
 
 Davis 
 
 Ireland 
 
 Moore 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Nichols 
 
 Sneed 
 
 Brandon 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 Sutherland 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Parker 
 
 Taff 
 
 Cary, C: D. 
 
 Elting 
 
 Johnson, W. A. 
 
 Pincus 
 
 Tebbens 
 
 Carlstrom 
 
 Gale 
 
 Latchford 
 
 Pinnell 
 
 Torrance 
 
 Catron 
 
 Ganschow 
 
 Lill 
 
 Quinn 
 
 Traeger 
 
 Chew 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Trautmann 
 
 Clarke 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Woodward 
 
 Coolley 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Mr. President 
 
 Corlett 
 
 Hogan 
 
 Meinert 
 
 
 Yeas—58 
 
 Those voting in the negative are: Messrs. 
 
 Beckman Hamill * Mills Wolff Nays—4. 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 2 was taken up and read at large. 
 
 Whereupon Mr. Jarman offered the following amendment and 
 moved its adoption: 
 
 . ’ Amendment No. 8. 
 
 Amend section 2 by striking out the words and figures “1922, three com¬ 
 missioners” and inserting the following: “Three commissioners, one in 
 1923 and one commissioner every year thereafter and whose term of office 
 shall be three years.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 2, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 57; nays, 5. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Ireland 
 
 Mighell 
 
 Six 
 
 Adamkiewicz 
 
 Dietz 
 
 Jack 
 
 Mills 
 
 Smith 
 
 Barr 
 
 Dunlap 
 
 Jarman 
 
 Moore 
 
 Sneed 
 
 Brenholt 
 
 Dupuy, G. A. 
 Elting 
 
 Johnson, L. C. 
 
 Nichols 
 
 Sutherland 
 
 Cary, C. D. 
 
 Johnson, W. A. 
 
 Paddock 
 
 Taff 
 
 Carlstrom 
 
 Gale 
 
 Latchford 
 
 Parker 
 
 Tebbens 
 
 Catron 
 
 Ganschow 
 
 Lill 
 
 Pinnell 
 
 Torrance 
 
 Chew 
 
 Garrett 
 
 Lindly 
 
 Quinn 
 
 Traeger 
 
 Clarke 
 
 Goodyear 
 
 Mack 
 
 Rinaker 
 
 Trautmann 
 
 Corlett 
 
 Gray 
 
 McGuire 
 
 Shanahan 
 
 Woodward 
 
 Cruden 
 
 Hogan 
 
 Meinert 
 
 Shuey 
 
 Mr. President 
 
 Davis 
 
 Hull 
 
 
 
 Yeas— 
 
 Those voting in the negative are: Messrs. 
 
 Beckman Brandon Coolley Hamill Wolff 
 
 Nays—5. 
 
 Section 2, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 3 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 60; nays, 2. 
 
618 
 
 JOURNAL OF THE 
 
 [Apr. 28. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Corlett 
 
 Hogan 
 
 Meinert 
 
 Shuey 
 
 Adamkiewicz 
 
 Cruden 
 
 Hull 
 
 Mighell 
 
 Six 
 
 Barr 
 
 Dawes 
 
 Ireland 
 
 Mills 
 
 Smith 
 
 Beckman 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Sneed 
 
 Brandon 
 
 Dunlap 
 
 Jarman 
 
 Nichols 
 
 Sutherland 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Paddock 
 
 Taff 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, W. A. 
 
 Parker 
 
 Tebbens 
 
 Carlstrom 
 
 Gale 
 
 Latchford 
 
 Pincus 
 
 Torrance 
 
 Catron 
 
 Ganschow 
 
 Lill 
 
 Pinnell 
 
 Traeger 
 
 Chew 
 
 Garrett 
 
 Lindly 
 
 Quinn 
 
 Trautmann 
 
 Clarke 
 
 Goodyear 
 
 Mack 
 
 Rinaker 
 
 Woodward 
 
 Coolley 
 
 Gray 
 
 McGuire 
 
 Shanahan 
 
 Mr. President 
 
 3T Get s - - 60 * 
 
 Those voting in the negative are: Messrs. 
 
 Hamill Wolff * Nays—2. 
 
 Section 3, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 4 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 9. 
 
 Amend section 4 by inserting in lieu thereof the following: 
 
 “Section 4. The fees of township and county officers shall be regulated 
 by general and uniform law; and all fees, money, and interest thereon re¬ 
 ceived by any county officer shall be reported semi-annually under oath and 
 then paid into the county treasury.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 4, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 58; nays, 0. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Corlett 
 
 Hogan 
 
 Mighell 
 
 Smith 
 
 Adamkiewicz 
 
 Cruden 
 
 Hull 
 
 Mills 
 
 Sneed 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Moore 
 
 Sutherland 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 Taff 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Parker 
 
 Tebbens 
 
 Brenholt 
 
 Elting 
 
 Johnson, W. A 
 
 Pincus 
 
 Torrance 
 
 Cary, C. D. 
 
 Gale 
 
 Latchford 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 Ganschow 
 
 Lill 
 
 Quinn 
 
 Trautmann 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Woodward 
 
 Chew 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Mr. President 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Yeas—58. 
 
 Coolley 
 
 Hamill 
 
 Meinert 
 
 Six 
 
 Nays—0. 
 
 Section 4, having received the votes of a maojrity of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 5 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 10. 
 
 Amend section 5 by adding after the word “officer” in the second line a 
 comma and the words “except county commissioners.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 5, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 61: nays, 2. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 619 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Hamill 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 Cruden 
 
 Gray 
 
 Meinert 
 
 Davis 
 
 Hogan 
 
 Mighell 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Dunlap 
 
 J arman 
 
 Nichols 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Paddock 
 
 Elting 
 
 Johnson, W. A. 
 
 Parker 
 
 Fyke 
 
 Latchford 
 
 Pincus 
 
 Gale 
 
 Lill 
 
 Pinnell 
 
 Ganschow 
 
 Lindly 
 
 Quinn 
 
 Garrett 
 
 Mack * 
 
 Rinaker 
 
 Goodyear 
 
 McGuire 
 
 Shanahan 
 
 voting in the 
 
 negative are: Messrs. 
 
 Wolfe 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Woodward 
 
 Mr. President 
 
 Yeas—61. 
 
 Nays—2. 
 
 Section 5, having received the votes of a majority of 'the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 6 was taken up and read at large. 
 
 Whereupon My. Clarke offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 11. 
 
 Amend section 6 by inserting after the word “by” in the first part of 
 line 3 the words and figures “Sections 1, 2 and 3 of” and after the word 
 organizatian” the word “officers” so that the section will read: 
 
 Section 6. The organization, officers and government of counties as 
 required by sections 1, 2 and 3 of this article may be changed by law uni¬ 
 form as to classes of counties; but any such law shall become effective in a 
 
 county only after approval by a majority of the voters therein voting on 
 
 the question.” 
 
 And the amendment was adopted. 
 
 Phe question then being on the adoption of section 6, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 59; nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Goodyear 
 
 Gray 
 
 McGuire 
 
 Hamill 
 
 Meinert 
 
 Hogan 
 
 Mighell 
 
 Hull 
 
 Mills 
 
 Jack 
 
 Moore 
 
 Jarman 
 
 Nichols 
 
 Johnson, L. C. 
 
 Paddock 
 
 Johnson, W. A. 
 
 Parker 
 
 Latchford 
 
 Pincus 
 
 Lill 
 
 Pinnell 
 
 Lindly 
 
 Quinn 
 
 Mack 
 
 Rinaker 
 
 Answering present but not voting: Mr. 
 
 Wolff 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Yeas—59. 
 
 Nays—0. 
 
 Present—1. 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 7 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 60; nays, 0. 
 
620 
 
 JOURNAL OF TRIE [Apr. 28, 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cruden 
 
 Hogan 
 
 Mighell 
 
 Six 
 
 Adamkiewicz 
 
 Davis 
 
 Hull 
 
 Mills 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Moore 
 
 Sneed 
 
 Beckman 
 
 Dietz 
 
 Jarman 
 
 Nichols 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Johnson, L. 
 
 C. Paddock 
 
 Taff 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Johnson, W. 
 
 A. Parker 
 
 Tebbens 
 
 Cary, C. D. 
 
 Elting 
 
 Latchford 
 
 Pincus 
 
 Torrance 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Pinnell 
 
 Traeger 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Quinn 
 
 Trautmann 
 
 Chew 
 
 Goodyear 
 
 Mack 
 
 Rinaker 
 
 Woodward 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Shanahan 
 
 Mr. President 
 
 Coolley 
 
 Corlett 
 
 Hamill 
 
 Meinert 
 
 Shuey 
 
 Yeas—60. 
 Nays—0. 
 
 Answering present but not voting: 
 
 Wolff 
 
 Mr. 
 
 Present—1. 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 8 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 59; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Corlett 
 
 Hogan 
 
 Mig-hell 
 
 Six 
 
 Adamkiewicz 
 
 Cruden 
 
 Hull 
 
 Mills 
 
 Smith 
 
 Barr 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Sneed 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Nichols 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Paddock 
 
 Taff 
 
 Brenholt 
 
 Elting 
 
 Johnson, W. A. 
 
 Parker 
 
 Tebbens 
 
 Cary, C. D. 
 
 Gale 
 
 Latchford 
 
 Pincus 
 
 Traeger 
 
 Carlstrom 
 
 Ganschow 
 
 Lill 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Garrett 
 
 Lindly 
 
 Quinn 
 
 Wolff 
 
 Chew 
 
 Goodyear 
 
 Mack 
 
 Rinaker 
 
 Woodward 
 
 Clarke 
 
 Gray 
 
 McGuire 
 
 Shanahan 
 
 Mr. President 
 
 Coolley 
 
 Hamill 
 
 Meinert 
 
 Shuey 
 
 Yeas—1 
 
 Nays—0. 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Brenholt gave notice that on the next Convention day he would 
 move to reconsider the vote by which section 1, of Report No. 17, was 
 adopted. 
 
 Mr Gale gave notice that on the next Convention day he would 
 move to reconsider the vote by which section 4, of Report No. 17, was 
 adopted. 
 
 Mr. Dunlap called up his motion to reconsider the vote by which 
 section 2, of Report No. 2, of the Committee on Phraseology and Style 
 was adopted, and moved that consideration of the motion to reconsider 
 be postponed. 
 
 And the motion prevailed. 
 
 Mr. Sutherland called up his motion to reconsider the vote by 
 which section 11, of Report No. 11, on the subject of Revenue, was 
 adopted, and moved that the motion to reconsider lie on the table. 
 
 The question being on the motion to table, it was decided in the 
 affirmative. 
 
 Section 9 was taken up and read at large. 
 
 Whereupon Mr. Corlett moved to amend section 9 by striking out 
 the word “the” before the word “county,” in line 4, and inserting in lieu 
 thereof the word “each.” 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 621 
 
 And the motion prevailed. 
 
 .all Pi qUe "f lon ^en being on the adoption of section 9, as amended, a 
 C.th 0 roll was had, resulting as follows: Yeas, 58: navs 0 
 those voting in the affirmative are: Messrs. 
 
 i Cl « i • 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 
 Corlett 
 Cruden 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Gale 
 
 Ganschow 
 Garrett 
 Goodyear 
 Gray 
 Hamill 
 
 Hogan 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C. 
 Johnson, W. A. 
 Latchford 
 Lill 
 Lindly 
 Mack 
 McGuire 
 Meinert 
 
 Mighell 
 Mills 
 Moore 
 Nichols 
 Paddock 
 Parker 
 Pinnell 
 Quinn 
 Rinaker 
 Shanahan 
 Shuey 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Traeger 
 
 Trautmann 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—58. 
 
 Section 9, having received the votes of a majority of the Delegates 
 elected was declared passed, and under the rules was re-referred to the 
 
 1 Secti’on 0 in PhraS t 0 i 0gy and Stj ' e f ° r aCti0n aS P rovided by Rule 20. 
 oection 10 was taken up and read at large 
 
 moveStsTdoptio^- M ° GUire ^ the f ° llowing ame ^ment and 
 
 Amendment No. 12. 
 
 tion’^n. 6 ?i S ?nt°i n r° adding as a separate sentence after the word “elec- 
 
 css t tzszi astft 
 
 morrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
6 22 
 
 JOURNAL OF THE 
 
 [Apr. 29, 
 
 SATURDAY, APRIL 29, 1922, 9:00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the. Rev. J. 0. Brown, of the First Methodist 
 Episcopal Church, of Rnshville. 
 
 The Journal of Thursday, April 27, having been printed and placed 
 on the desks of the delegates, as provided under the rules, was taken up, 
 and, no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25, the Secretary 
 called the roll of the Convention, which resulted as follows: Present 62. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Hamill 
 
 Meinert 
 
 Shuey 
 
 Davis 
 
 Hogan 
 
 Mighell 
 
 Six 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Smith 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Sneed 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Taff 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Tebbens 
 
 Elting 
 
 Johnson, Li. C. 
 
 Parker 
 
 Torrance 
 
 Pyke 
 
 Johnson, W. A. 
 
 Pincus 
 
 Traeger 
 
 Gale 
 
 Latchford 
 
 Pinnell 
 
 Trautmann 
 
 Ganschow 
 
 Lill 
 
 Quinn 
 
 Wall 
 
 Garrett 
 
 Lindly 
 
 Rinaker 
 
 Woodward 
 
 Goodyear 
 
 Gray 
 
 McGuire 
 
 Shanahan 
 
 Mr. President 
 Present— 1 
 
 .Lilt? JJC-LLU.AJ-1-g ttu xivnx w-i- ^ ~ — * ** ~ -— j - j 
 
 being the consideration of Amendment No. 12, to section 10, of Report 
 No. 17, the same was again taken up. 
 
 And the question being on the adoption of Amendment Ao. 12, it 
 
 was decided in the affirmative. 
 
 The question then being on the adoption of section 10, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 62; nays, 0. 
 
 Those voting in the affirmative are 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Goodyear 
 
 Gray 
 
 Hamill 
 
 Hogan 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, L. 
 
 Johnson, W. 
 
 Latchford 
 
 Dill 
 
 Lindly 
 
 McGuire 
 
 Meinert 
 
 Messrs. 
 
 Mighell 
 Mills 
 Moore 
 Nichols 
 Paddock 
 Parker 
 Pincus 
 Pinnell 
 Quinn 
 Rinaker 
 Shanahan 
 Shuey 
 
 C 
 
 A. 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Woodward 
 Mr. President 
 
 Teas—62. 
 Nays—0. 
 
 Section 10, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 11 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 
 its adoption: 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 623 
 
 Amendment No. 13. 
 
 Amend section 11 by substituting in lieu thereof the following: 
 
 Section 11. Unless authorized by a, majority voting on the Question 
 no county shall levy taxes in excess of three-fourths of one per cent of valua¬ 
 tion. But in case the county is made the unit for the levy and collection of 
 taxes for road and bridge purposes, an additional three-fourths of one per 
 cent of valuation for such purposes may be so levied and collected, which 
 may be increased when authorized by a majority of the voters of the’countv 
 voting on the question.” 
 
 Mi. Gale offered the following* amendment to the amendment, and 
 moved its adoption : 
 
 Amendment No. 1 to Amendment No. 13. 
 
 Amend Amendment No. 13 by striking out the words “on the question” 
 and substituting in lieu thereof the words “at the election.” 
 
 And Amendment No. 1 to Amendment No. 13 was adopted. 
 
 The question then being on the adoption of Amendment No. 13, as 
 amended, it was decided in the affirmative. 
 
 Mr. Adams offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 14. 
 
 Amend section 11 by striking out the words “three-fourths” in line 4 
 and substituting therefor the words “nine-tenths.” 
 
 And the amendment was lost. 
 
 Pending discussion Mr. Jarman moved that further consideration 
 of section 11 be postponed. 
 
 And the motion was lost. 
 
 The question then being on the adoption of section 11, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 34; nays, 26. 
 Those voting in the affirmative are: Messrs. 
 
 Adams Davis Gray 
 
 Cary, C. D. Dawes Hamill 
 
 Carlstrom Dietz Hog'an 
 
 Hull 
 Ireland 
 Jack 
 Jarman 
 
 Those voting in the negative are: Messrs. 
 
 Adamkiewicz Corlett Johnson, L. C. Pincus 
 
 Beckman ffi**”* gSJ" 
 
 Ganschow Nichols Smith 
 
 Chew 
 Clarke 
 Coolley 
 Cruden 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dupuy, G. A. 
 Elting- 
 Fyke 
 Goodyear 
 
 Johnson, W. A. 
 
 Lindly 
 
 McGuire 
 
 Meinert 
 
 Mighell 
 
 Mills 
 
 Moore 
 
 Rinaker 
 
 Shuey 
 
 Six 
 
 Sneed 
 
 Taff 
 
 Traeger 
 
 Yeas—34. 
 
 Brandon 
 
 Brandon 
 
 Catron 
 
 Torrance 
 Trautmann 
 Wall 
 
 - - —-cu Woodward 
 
 Darrett Paddock Tebbens Mr. President 
 
 ci . . Nays—26. 
 
 Section 11 having received the votes of less than a maiority of the 
 Delegates elected, failed to pass. 
 
 Mi. Nichols gave notice that on the next Convention day he would 
 moveffo reconsider the vote by which section 11 had failed to' pass. 
 Section 12 was taken up and read at large. 
 
 Whereupon Mr. Dunlap moved that section 12 lie on the table. 
 
 The motion prevailed. 
 
 And section 12 was ordered to lie on the table. 
 
 Section 13 was taken up and read at large. 
 
624 
 
 JOURNAL OF THE 
 
 [Apr. 29, 
 
 Ancl the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: A r eas, 50; nays, 9. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brandon 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 e 
 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 Davis 
 Dawes 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 
 Fyke 
 Ganschow 
 Garrett 
 Gray 
 Hamill 
 Hogan 
 Hull 
 Ireland 
 Jack 
 
 Johnson, L. C. 
 
 Latchford 
 
 Dill 
 
 Lindly 
 
 McGuire 
 
 Meinert 
 
 Paddock 
 
 Pincus 
 
 Quinn 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Woodward 
 Mr. President 
 
 Yeas—50. 
 
 Taft 
 
 Those voting in the negative are: Messrs. 
 
 Gate Jarman ^ Iills p maker Nays—9. 
 
 Goodyear Mighell Nichols Rmaker _ „ 
 
 Section 13, having received the votes of less than a majority ot t 
 
 Delegates elected, failed to pass. 
 
 Mr Gale gave notice that on the next Convention da> lie 
 
 move to reconsider the vote by which section 13 had failed to pass. 
 
 Mr. Hamill also gave notice that on the next Convention clay he 
 would move to reconsider the vote by which section 13 had fai_e' P“ 
 
 The Convention proceeding upon the consideration of A 
 
 16 of the Committee on Phraseology and Style, on the subject of Coo 
 County, section 1 thereof was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of t 
 
 roll was had, resulting as follows: Yeas, 57 ; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 ^ _ liToiuorl 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 
 Corlett 
 Davis 
 Dawes 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fyke 
 Gale 
 
 Ganschow 
 Garrett 
 
 Gray 
 Hamill 
 Hogan 
 Hull 
 Ireland 
 Jack 
 Jarman 
 Johnson, L. C 
 
 Meinert 
 Mills 
 Moore 
 Nichols 
 Paddock 
 Pincus 
 Pinnell 
 Quinn 
 
 Johnson, W. A. Shanahan 
 
 Latchford 
 
 Lill 
 
 McGuire 
 
 Shuey 
 Six 
 
 Smith 
 
 Sneed 
 
 TafE 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Woodward 
 Mr. President 
 
 Yeas—57. 
 Nays—0. 
 
 Present—3. 
 
 y Goodyear 
 
 Answering present but not voting: Messrs. 
 
 Lind ' Section 1, having receivedThfYes of a majority of the Delegates 
 elected was declared passed, and, under the rules, was re-referred 
 the Committee on Phraseology and Style for action as provided by 
 
 Buie 20. , , , . 
 
 Spption 2 was taken up and read at large. 
 
 Whereupon Mr. Clarke moved to amend section 2 by striking out 
 the figures “1922” and inserting m lieu thereof the figures 19 . 
 
 The question' thekbeing'on the adoption of section . 2, as amended, 
 
 a call of the roll was had, resulting as follows: Veas, 60 , najs, . 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 625 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hamill 
 
 Meinert 
 
 Six 
 
 Adamkiewicz 
 
 Dawes 
 
 Hogan 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dietz 
 
 Hull 
 
 Mills 
 
 Sneed 
 
 Beckman 
 
 Dunlap 
 
 Ireland 
 
 Moore 
 
 Taff 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jack 
 
 Nichols 
 
 Tebbens 
 
 Brenholt 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Torrance 
 
 Cary, C. D. 
 
 Fyke 
 
 Johnson, L. C. 
 
 Pincus 
 
 Traeger 
 
 Carlstrom 
 
 Gale 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Ganschow 
 
 Latchford 
 
 Quinn 
 
 Wall 
 
 Chew 
 
 Garrett 
 
 Dill 
 
 Rinaker 
 
 Woodward 
 
 Clarke 
 
 Goodyear 
 
 Lindly 
 
 Shanahan 
 
 Mr. President 
 
 Coolley 
 
 Corlett 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Yeas—6 
 Nays— 1 
 
 Section 2, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 3 was taken np and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 60; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hamill 
 
 Meinert 
 
 Six 
 
 Adamkiewicz 
 
 Dawes 
 
 Hogan 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dietz 
 
 Hull 
 
 Mills 
 
 Sneed 
 
 Beckman 
 
 Dunlap 
 
 Ireland 
 
 Moore 
 
 Taff 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jack 
 
 Nichols 
 
 Tebbens 
 
 Brenholt 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Torrance 
 
 Cary, C. D. 
 
 Fyke 
 
 Johnson, L. C. 
 
 Pincus 
 
 Traeger 
 
 Carlstrom 
 
 Gale 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Ganschow 
 
 Latchford 
 
 Quinn 
 
 Wall 
 
 Chew 
 
 Garrett 
 
 Lill 
 
 Rinaker 
 
 Woodward 
 
 Clarke 
 
 Goodyear 
 
 Lindly 
 
 Shanahan 
 
 Mr. President 
 
 Coolley 
 
 Corlett 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Yeas—6 
 Nays— 
 
 Section 3, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 4 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: l r eas, 61; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cruden 
 
 Hamill 
 
 Meinert 
 
 Six 
 
 Adamkiewicz 
 
 Davis 
 
 Hogan 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Sneed 
 
 Beckman 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Taff 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Torrance 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Traeger 
 
 Carlstrom 
 
 Fyke 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Gale 
 
 Latchford 
 
 Quinn 
 
 Wall 
 
 Chew 
 
 Ganschow 
 
 Lill 
 
 Rinaker 
 
 Woodward 
 
 Clarke 
 
 Garrett 
 
 Lindly 
 
 Shanahan 
 
 Mr. President 
 
 Coolley 
 
 Goodyear 
 
 McGuire 
 
 Shuey 
 
 Yeas—6 
 
 Corlett 
 
 Gray 
 
 
 
 Nays—' 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 5 was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 1. 
 
 Amend section 5 by striking out the word “the” before the word “county” 
 in line 4, and inserting in lieu thereof the word “each.” 
 
 —40 C J 
 
626 
 
 JOURNAL OF THE 
 
 [Apr. 29, 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 5, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 60; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cruden 
 
 Hamill 
 
 Meinert 
 
 Six 
 
 Adamkiewicz 
 
 Davis 
 
 Hogan 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Taff 
 
 Beckman 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Tebbens 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Todd 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Torrance 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Traeger 
 
 Carlstrom 
 
 Fyke 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Gale 
 
 Latchford 
 
 Quinn 
 
 Wall 
 
 Chew 
 
 Ganschow 
 
 Lill 
 
 Rinaker 
 
 Woodward 
 
 Clarke 
 
 Goodyear 
 
 Lindly 
 
 Shanahan 
 
 Mr. President 
 
 Coolley 
 
 Corlett 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Yeas—60. 
 Nays—0. 
 
 Section 5, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 Section 6 was taken up and read at large. 
 
 Whereupon Mr. Dupuy offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 2. 
 
 Amend section 6 by striking out the words “on the question” and insert¬ 
 ing in lieu thereof the words “at the election.” 
 
 • And the amendment was lost 
 
 The question then being on the adopt 
 roll was had, resulting as follows: Yeas, 
 Those voting in the affirmative are: 
 
 ion of section 
 59; nays, 1. 
 Messrs. 
 
 Adams 
 
 Corlett 
 
 Gray 
 
 McGuire 
 
 Adamkiewicz 
 
 Cruden 
 
 Hamill 
 
 Meinert 
 
 Barr 
 
 Davis 
 
 Hogan 
 
 Mighell 
 
 Beckman 
 
 Dawes 
 
 Hull 
 
 Mills 
 
 Brandon 
 
 Dietz 
 
 Ireland 
 
 Moore 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Cary, C. D. 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Carlstrom 
 
 Fyke 
 
 Johnson, L. C. 
 
 Pincus 
 
 Catron 
 
 Gale 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Quinn 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Shanahan 
 
 Coolley 
 
 Goodyear 
 
 Lindly 
 
 Shuey 
 
 6, a call of the 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Woodward 
 Mr. President 
 
 Yeas—51). 
 
 Those voting in the negative are: Mr. 
 
 Rinaker 
 
 Nays—1. 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 Section 7 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 60; nays, 1. 
 
1922.] CONSTITUTIONAL CONVENTION. 627 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Shuey 
 
 Adamkiewicz 
 
 Cruden 
 
 Gray 
 
 McGuire 
 
 Six 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Meinert 
 
 Smith 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mighell 
 
 Sneed 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Mills 
 
 Taf£ 
 
 Brenholt 
 
 Dunlap 
 
 Ireland 
 
 Moore 
 
 Tebbens 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jack 
 
 Nichols 
 
 Torrance 
 
 Carlstrorn 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Catron 
 
 Fyke 
 
 Johnson, L. C. 
 
 Pincus 
 
 Trautmann 
 
 Chew 
 
 Gale 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Wall 
 
 Clarke 
 
 Ganschow 
 
 Latchford 
 
 Quinn 
 
 Woodward 
 
 Coolley 
 
 Garrett 
 
 Lill 
 
 Shanahan 
 
 Mr. President 
 
 Yeas—60. 
 
 Those voting in the negative are: Mr. 
 
 Rinaker Nays—1. 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Eule 20. 
 
 Mr. Gale, in accordance with his notice of yesterday, moved to re¬ 
 consider the vote by which section 4, of Eeport No. 17, of the Committee 
 on Phraseology and Style, was adopted. 
 
 And the motion prevailed. 
 
 Mr. Gale thereupon moved that further consideration of section 4 
 be postponed. 
 
 And the motion prevailed. 
 
 Mr. Brenholt, in accordance with his notice of yesterday, moved to 
 reconsider the vote by which section 1, of Eeport No. 17, of the Com¬ 
 mittee on Phraseology and Style, was adopted. 
 
 And the motion prevailed. 
 
 Mr. Brenholt thereupon moved that further consideration of section 
 1 be postponed. 
 
 And the motion prevailed. 
 
 The Convention proceeding upon the consideration of Eeport No. 
 
 12, of the Committee on Phraseology and Style, on the subject of Legis¬ 
 lative Department, section 13 thereof was again taken up. 
 
 The pending question at the time of postponement on April 25, 
 being the consideration of the amendment offered by Mr. Jarman, the 
 same was, by unanimous consent withdrawn. 
 
 Whereupon Mr. Jarman offered the following amendment to section 
 
 13, and moved its adoption: 
 
 Amendment No. 24. 
 
 Amend section 13 by striking out all after the figure “13” and inserting 
 in lieu thereof the following: 
 
 “Every bill shall be read by title on three different days in each House, 
 but the rules of either House may provide for the reading of bills at greater 
 length on second or third reading. The bill and all amendments thereto 
 (except an amendment striking out the emergency clause) shall be printed 
 before final passage. No bill shall be passed or become a law and no report 
 of any conference committee on an appropriation bill shall be considered un¬ 
 less the bill or report shall have been printed in its final form and placed 
 upon the desks of the members at least three legislative days prior to the 
 final passage of the bill or the consideration of the report. No subject mat¬ 
 ters shall be included in any conference committee report (on bills making 
 appropriations) except such as directly relate to matters of difference be- 
 
628 
 
 [Apr. 29, 
 
 JOURNAL OF THE 
 
 tween the two Houses and such as have been specifically referred to the con¬ 
 ference committee. When passed by both Houses a bill shall be signed by 
 the presiding officers thereof and the facts of signing together with the facts 
 of printing and of presentation to the Governor and the date of such presenta¬ 
 tion shall be entered upon the journals. No act hereafter passed shall em¬ 
 brace more than one subject and that shall be expressed in the title; but any 
 act embracing a subject not expressed in the title shall be void only as to 
 such subject. No act shall be revived by reference to its title only. An act 
 expressly amending an act shall set forth at length the section or sections as 
 amended. 
 
 “No appropriation act shall take effect until the first day of July succeed¬ 
 ing its enactment, and no other act shall take effect until sixty days after 
 the adjournment of the session at which it was enacted; but in case of 
 emergency (which shall be expressed in the body of the act) the General 
 Assembly may direct otherwise, by a vote of two-thirds of its members elected 
 to each House.” 
 
 Mr. Shanahan offered the following amendment to the amendment 
 and moved its adoption: 
 
 Amendment No. 1 to Amendment No. 24. 
 
 Amend the substitute for section 13, in line 8, by inserting after the word 
 “no” the word “appropriations.” 
 
 The question being on the adoption of the amendment to the 
 amendment, a division of the Convention was had, resulting as follows: 
 Yeas, 34; nays, 13. 
 
 And the amendment to the amendment was adopted. 
 
 The question recurring on the adoption of Amendment No. 24, as 
 amended, it was decided in the affirmative. 
 
 The question then being on the adoption of section 13, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 58; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cruden 
 
 Gray 
 
 Meinert 
 
 Smith 
 
 Adamkiewicz 
 
 Davis 
 
 Hamill 
 
 Mighell 
 
 Sneed 
 
 Barr 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Taff 
 
 Beckman 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 Tebbens 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Torrance 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Fyke 
 
 Johnson, W. A. 
 
 Quinn 
 
 Wall 
 
 Chew 
 
 Gale 
 
 Latchford 
 
 Rinaker 
 
 Woodward 
 
 Clarke 
 
 Ganschow 
 
 Lill 
 
 Shanahan 
 
 Mr. President 
 
 Coolley 
 
 Garrett 
 
 Ldndly 
 
 Shuey 
 
 Yeas—58. 
 
 Corlett 
 
 Goodyear 
 
 McGuire 
 
 Six 
 
 Nays—0. 
 
 Section 13, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 The Convention proceeding upon the consideration of Report No. 
 19, of the Committee on Phraseology and Style, on the subject of 
 Executive Department, section 18 thereof was again taken up. 
 
 The pending question at the time of postponement on April 28, 
 being the consideration of Amendment No. 12, as amended, the same was 
 again taken up. 
 
 Whereupon Mr. Trautmann offered the following as a substitute for 
 section 18, and the pending amendment, and moved its adoption: 
 
 “Section 18. The officers of the Executive Department shall be paid 
 salaries and shall not receive to their own use other compensation; and all 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 629 
 
 fees, costs, perquisites of office and other compensation received by them 
 shall be paid at once to the State Treasurer. 
 
 “No payment of fees, costs or charges, payable by law for services 
 rendered, by or under any officer of the Executive Department shall be held 
 to be legally made until evidenced by the receipt of the State Treasurer. 
 
 “The State Treasurer shall as part of each semi-annual report show the 
 daily balances of State funds in his custody and in every bank, safe or other 
 place of deposit, or safe keeping where such funds were during the period 
 covered by such report and accompany the same with the sworn statement of 
 the executive officer of every bank, or other place of deposit so shown, of 
 each and every payment of interest or other compensation, made or to be 
 made by it by reason of the deposit or use of any part ,of such funds.” * 
 
 And the substitute for section 18 was adopted. 
 
 The question then being on the adoption of section 18, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 56; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cruden 
 
 Hogan 
 
 Mills 
 
 Smith 
 
 Adamkiewicz 
 
 Davis 
 
 Hull 
 
 Moore 
 
 Sneed 
 
 Barr 
 
 Dawes 
 
 Jack 
 
 Nichols 
 
 Taft 
 
 Beckman 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 Tebbens 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, W. A. 
 
 Pincus 
 
 Torrance 
 
 Brenholt 
 
 Elting 
 
 Latchford 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Quinn 
 
 Trautmann 
 
 Catron 
 
 Ganschow 
 
 Lindly 
 
 Rinaker 
 
 Wall 
 
 Chew 
 
 Garrett 
 
 McGuire 
 
 Shanahan 
 
 Woodward 
 
 Clarke 
 
 Goodyear 
 
 Meinert 
 
 Shuey 
 
 Mr. President 
 
 Coolley 
 
 Gray 
 
 Mighell 
 
 Six 
 
 Yeas—5' 
 
 Corlett 
 
 Hamill 
 
 
 
 Nays—* 
 
 Section 18, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 19 was again taken up. 
 
 Whereupon Mr. Gale offered the following as a substitute for sec¬ 
 tion 19, and moved its adoption: 
 
 “Section 19. Every officer of this State, or any political subdivision 
 thereof, or municipal corporation therein, who receives public moneys of any 
 sort, fines, fees, costs or perquisites of office, except notaries public and con¬ 
 stables, shall make a report thereof, at least semi-annually, under oath, to 
 some official designated by law. Every such officer shall every month pay 
 over to the proper official designated by law' all moneys belonging to the 
 public and interest thereon received by or for him.” 
 
 And the substitute for section 19 was adopted. 
 
 The question then being on the adoption of section 19, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 59; nays, 0. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cruden 
 
 Gray 
 
 Meinert 
 
 Six 
 
 Adamkiewicz 
 
 Davis 
 
 Hamill 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Sneed 
 
 Beckman 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 • Taff 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Torrance 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Traeger 
 
 Catron 
 
 Fyke 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Trautmann 
 
 Chew 
 
 Gale 
 
 Latchford 
 
 Quinn 
 
 Wall 
 
 Clarke 
 
 Ganschow 
 
 Lill 
 
 Rinaker 
 
 Woodward 
 
 Coolley 
 
 Garrett 
 
 Lindly 
 
 Shanahan 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 McGuire 
 
 Shuey 
 
 Yeas—i 
 Nays— 
 
 Section 19, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
630 
 
 JOURNAL OF THE 
 
 [Apr. 29, 
 
 The Convention proceeding upon the consideration of Report No. 
 12, of the Committee on Phraseology and Style, on the subject of Legis¬ 
 lative Departments, section 18 thereof was again taken np. 
 
 Vv hereupon Mr. Clarke offered the following amendment and moved 
 
 its adoption: 
 
 Amendment No. 25. 
 
 Amend section 18 by striking out the third paragraph thereof and sub¬ 
 stituting in lieu of that paragraph the following: 
 
 “Bills making appropriations of money out of the treasury shall specify 
 the objects and purposes for which the appropriations are made and appro¬ 
 priate to them respectively their several amounts in distinct items and sec¬ 
 tions.” 
 
 And the amendment was adopted. 
 
 Mr. Dunlap offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 26. 
 
 Amend section 18 by adding thereto the following: “The appropriation 
 for the expenses of the office of Governor, Lieutenant Governor, Secretary of 
 State, Attorney General, Treasurer, Auditor of Public Accounts and Super¬ 
 intendent of Public Instruction shall be by separate bills. ’ 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 18, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 55; nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Six 
 Smith 
 Sneed 
 Taft 
 Tebbens 
 Torrance 
 Traeger 
 Trautmann . 
 Woodward 
 Mr. President 
 
 Yeas—55. 
 Nays—0. 
 
 Section 18, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 29 was taken up and read at large. 
 
 Whereupon Mr. Dunlap offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 27. 
 
 Adams 
 
 Cruden 
 
 Goodyear 
 
 Meinert 
 
 Adamkiewicz 
 
 Davis 
 
 Gray 
 
 Mighell 
 
 Barr 
 
 Dawes 
 
 Hamill 
 
 Mills 
 
 Beckman 
 
 Dietz 
 
 Hogan 
 
 Moore 
 
 Brandon 
 
 Dunlap 
 
 Hull 
 
 Nichols 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jack 
 
 Paddock 
 
 Carlstrom 
 
 Elting 
 
 Jarman 
 
 Pinhell 
 
 Catron 
 
 Fyke 
 
 Latchford 
 
 Quinn 
 
 Chew 
 
 Gale 
 
 Lill 
 
 Rinaker 
 
 Clarke 
 
 Ganschow 
 
 Lindly 
 
 Shanahan 
 
 Coolley 
 
 Corlett 
 
 Garrett 
 
 McGuire 
 
 Shuey 
 
 Amend section 29, in the special report, by inserting next to the last paia* 
 graph, after the words “eminent domain” a comma and the word taxation. 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 13; nays, 27. 
 
 And the amendment was lost. 
 
 Mr. Taff offered the following amendment and moved its adoption: 
 
 Amendment No. 28. 
 
 Amend section 29 in the 5th paragraph thereof, by striking out the fol¬ 
 lowing words: “In part at the expense of drainage districts and in part by 
 the State or any political subdivision thereof.” 
 

 1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 631 
 
 Pending consideration, on motion of Mr. Dunlap, further consider¬ 
 ation of section 29, together with the pending amendment, was post¬ 
 poned. 
 
 Mr. Trautmann called up his motion of March 9, to reconsider the 
 vote by which section 8, of Report No. 9, Bill of Eights, was adopted. 
 
 And the question being on the motion to reconsider, it was decided 
 in the affirmative. 
 
 Whereupon Mr. Rinaker offered the following as a substitute for 
 section 8, and moved its adoption: 
 
 “Section 8. No person shall be held to answer .to a criminal offense 
 unless on indictment by a grand jury or (except in capital cases) on informa¬ 
 tion by the Attorney General or the State’s Attorney filed by leave of a judge 
 of a court of record having jurisdiction of the offense, in term time or in 
 vacation. If the offense is or may be punishable by imprisonment in the 
 penitentiary, leave to file such information shall be granted only after a 
 hearing showing probably cause. 
 
 “This section shall not apply to cases of impeachment, cases arising in 
 the army and navy and in the militia when in actual service in time of war 
 or public danger.” 
 
 And the substitute for section 8 was adopted. 
 
 The question then being on the adoption of section 8, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 55; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cruden 
 
 Gray 
 
 Meinert 
 
 Six 
 
 Adamkiewicz 
 
 Davis 
 
 Hamill 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Sneed 
 
 Beckman 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 Taff 
 
 Brandon 
 
 Dunlap 
 
 Ireland 
 
 Nichols 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jack 
 
 Paddock 
 
 Torrance 
 
 Carlstrom 
 
 Elting 
 
 Jarman 
 
 Pinnell 
 
 Traeger 
 
 Catron 
 
 Fyke 
 
 Latchford 
 
 Quinn 
 
 Trautmann 
 
 Chew 
 
 Gale 
 
 Lill 
 
 Rinaker 
 
 Woodward 
 
 Clarke 
 
 Garrett 
 
 Lindly 
 
 Shanahan 
 
 Mr. President 
 
 Coolley 
 
 Goodyear 
 
 McGuire 
 
 Shuey 
 
 Teas—55. 
 
 Corlett Nays—0. 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, w T as re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 At the hour of 2 :00 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until Monday, May 1, 1922, at 10 :00 o’clock a. m. 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
 * 
 
632 
 
 JOURNAL OF THE 
 
 [May 1, 
 
 MONDAY, MAY 1, 1922, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding 1 . 
 
 Prayer was offered by the Rev. Lewis B. Landreth, of the Immacu¬ 
 late Conception Church, of Carthage. 
 
 The Journal of Friday, April 28th, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25th, the Secre¬ 
 tary called the roll of the Convention, which resulted as follows: Pres- 
 
 eni, utt. 
 
 Those 
 
 voting present 
 
 are: Messrs. 
 
 
 • -> 
 
 Adams 
 
 Cutting 
 
 Gilbert 
 
 Lindly 
 
 Shanahan 
 
 Adamkiewicz 
 
 Davis 
 
 Goodyear 
 
 Mayer 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Green 
 
 McEwen 
 
 Sneed 
 
 Beckman 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Stahl 
 
 Brandon 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Taff 
 
 Brenholt 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Tebbens 
 
 Brewster 
 
 Dunlap 
 
 larussi 
 
 Moore 
 
 Torrance 
 
 Carlstrom 
 
 Dupee, E. H. 
 
 Ireland 
 
 Nichols 
 
 Trautmann 
 
 Catron 
 
 Elting 
 
 Jack 
 
 Paddock 
 
 Warren 
 
 Clarke 
 
 Fyke 
 
 Jarman 
 
 Parker 
 
 Wilson 
 
 Coolley 
 
 Gale 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Wolff 
 
 Corl'ett 
 
 Garrett 
 
 Latchford 
 
 Quinn 
 
 Mr. President 
 
 Cruden 
 
 Gee 
 
 Lill 
 
 Rinaker 
 
 Present— 
 
 Mr. Gilbert presented a petition from citizens of Jefferson County, 
 relative to the reading of the Bible in the public schools, which was 
 received and placed on file. 
 
 The President, as chairman, laid before the Convention the follow¬ 
 ing report from the Committee on Rules and Procedure, to-wit: 
 
 Committee Repoet. 
 
 Your Committee on Rules and Procedure report the following resolution 
 and recommends its adoption: 
 
 Resolved, That the following rule limiting debate be adopted, to be 
 known as Rule No. 29%, and to be in force for the remainder of the pro¬ 
 ceedings of the Convention in disposing of matters on second reading. 
 
 Rule No. 29%. Upon the consideration of matters upon second reading 
 the debate shall be limited to ten minutes for each delegate taking part in 
 the debate, except that the mover of the matter pending or the chairman of 
 the committee which reported the same shall have five minutes in addition 
 in which to close the debate. 
 
 The question being on the adoption of the report of the committee. 
 Mr. Hull offered the following amendment to section 29*4 and 
 moved its adoption: 
 
 Amend section 29%, as proposed, by striking out in line 3 the word 
 “ten” and inserting in lieu thereof the word “twenty,” and by striking out in 
 line 6 the word “five” and inserting in lieu thereof the word “ten.” 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 633 
 
 The question being on the adoption of the amendment to section 
 29%, a division of the Convention was had, resulting as follows: Yeas, 
 24; nays, 29. 
 
 And the amendment was lost. 
 
 The question recurring on the adoption of section 29%, as reported 
 by the Committee on Eules and Procedure, a call of the roll was had, 
 resulting as follows: Yeas, 41; nays, 17. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Baldwin 
 
 Davis 
 
 Hogan 
 
 Meinert 
 
 Stahl 
 
 Barr 
 
 Dawes 
 
 Iarussi 
 
 Nichols 
 
 Taff 
 
 Beckman 
 
 Dupee, E. H. 
 
 Ireland 
 
 Paddock 
 
 Tebbens 
 
 Brandon 
 
 Gale 
 
 Jack 
 
 Parker 
 
 Torrance 
 
 Brewster 
 
 Garrett 
 
 Jarman 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Gee 
 
 Johnson, W. 
 
 A. Quinn 
 
 Warren 
 
 Catron 
 
 Green 
 
 Latchford 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Hamill 
 
 Lill 
 
 Smith 
 
 Mr. President 
 
 Cutting 
 
 
 
 
 Yeas—- 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dunlap 
 
 Hull 
 
 Miller 
 
 Rinaker 
 
 Brenholt 
 
 Elting 
 
 Mayer 
 
 Mills 
 
 Sneed 
 
 Corlett 
 
 Gilbert 
 
 McEwen 
 
 Moore 
 
 Wolff 
 
 De Young 
 
 Goodyear 
 
 
 
 Nays— 
 
 The report from the Committee on Rules and Procedure, having 
 received the votes of less than a majority of the Delegates elected, failed 
 to pass. 
 
 The Convention proceeding upon the consideration of Report Yo. 
 6 of the Committee on Phraseology and Style, on the subject of Corpora¬ 
 tions, section 4 thereof was again taken up. 
 
 Whereupon Mr. Parker olfered the following amendment and moved 
 its adoption: 
 
 Amendment No. 9. 
 
 Amend section 4, after the word “stock” in line 7 by inserting the fol¬ 
 lowing: 
 
 “And in every election for directors of a bank each stockholder may cast 
 in person or by proxy, as many votes as shall equal the number of directors 
 to be elected multiplied by the number of shares owned by him and may 
 cumulate his votes for one candidate or distribute them among several.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 4, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 60; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hamill 
 
 Meinert 
 
 Smith 
 
 Adamkiewicz 
 
 Dawes 
 
 Hogan 
 
 Miller 
 
 Sneed 
 
 Barr 
 
 De Young 
 
 Hull 
 
 Mills 
 
 Stahl 
 
 Beckman 
 
 Dietz 
 
 Iarussi 
 
 Moore 
 
 Taff 
 
 Brenholt 
 
 Dunlap 
 
 Ireland 
 
 Nichols 
 
 Tebbens 
 
 Brandon 
 
 Elting 
 
 Jack 
 
 Paddock 
 
 Torrance 
 
 Brewster 
 
 Fyke 
 
 Jarman 
 
 Parker 
 
 Trautmann 
 
 Carlstrom 
 
 Gale 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Warren 
 
 Catron 
 
 Garrett 
 
 Datchford 
 
 Quinn 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Lill 
 
 Rinaker 
 
 Wolff 
 
 Corlett 
 
 Gilbert 
 
 Mayer 
 
 Shanahan 
 
 Mr. President 
 
 Cruden 
 
 Goodyear 
 
 McEwen 
 
 
 Yeas—60. 
 
 Cutting 
 
 Green 
 
 
 
 Nays—0. 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 2 was again taken up. 
 
634: 
 
 JOURNAL OF THE 
 
 [May 1, 
 
 The pending question at the time of postponement on April 26 being 
 the consideration of the amendment offered by Mr Cutting to substitute 
 section 2, of the report of the Committee of the Whole, for section 2, o 
 the report of the Committee on Phraseology and Style, the same was 
 
 ' ' Whereupon Mr. Gilbert offered the following amendment to the 
 
 substitute and moved its adoption: 
 
 Amend the substitute for section 2 by striking out aafter the word 
 and figure “Section 2” and inserting in lieu thereof the following. 
 
 “Capital stork may be divided into classes and m every election for 
 directors or managers each stockholder may cast, in person or by proxy, as 
 manj votes as shall equal the number of directors to be elected multiplied 
 bf the number of shares owned by him (excluding shares, preferred as to 
 assets and 0 earnings, of restricted or no voting power, the certificates for 
 which' show them not entitled then to be voted) and may cumulate hts votes 
 for one or distribute them among several.” 
 
 And the amendment to the substitute was lost. 
 
 The question recurring on the adoption of the substitute for section 
 
 2, it was decided in the negative. • 
 
 The question then being on the adoption of section 2, a call o± the 
 
 roll was had, resulting as follows: Yeas, 9; nays, 50. 
 
 Those voting in the affirmative are: Messrs. 
 
 Elting 
 Hull 
 
 Jack 
 Jarman 
 
 Brewster 
 CarXstrom 
 
 Those voting in the negative are: 
 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Catron 
 Clarke 
 Corlett 
 Cutting 
 Davis 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupee, E. 
 
 Fyke 
 
 Gale 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 Green 
 Hamill 
 Hogan 
 H. Iarussi 
 Ireland 
 
 Johnson, W. A. 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Moore 
 Torrance 
 
 Messrs. 
 
 Mayer 
 McEwen 
 Meinert 
 Miller 
 Paddock 
 Parker 
 Pinnell 
 Quinn 
 Rinaker 
 
 Wolff 
 
 Yeas—9. 
 
 Shanahan 
 Smith 
 Sneed 
 Stahl 
 Taff • 
 
 Tebbens 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Nays—50. 
 
 Section 2, having received the votes of less than a majority of the 
 
 Delegates elected, failed to pass. , 
 
 By unanimous consent Mr. Whitman was excused from attendance 
 
 at the sessions of the Convention this week, on account of illness. 
 
 The Convention proceeding upon the consideration o± Deport JNo. 
 12, of the Committee on Phraseology and Style, on the subject of Legib- 
 lative Department, section 17 thereof was again taken up. 
 
 And the question being on the adoption of the section, a call ol the 
 
 roll was had, resulting as follows: Yeas, 63; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carey, A. J. 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 Cutting 
 Davis 
 Dawes 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Dupee, E. H. 
 Elting 
 Fyke 
 Gale 
 Garrett 
 
 Gee 
 Gilbert 
 Goodyear 
 Green 
 Hamill 
 Hogan 
 Hull 
 Iarussi 
 Ireland 
 Jack 
 
 Johnson, W. A. 
 
 Latchford 
 
 Lill 
 
 Mayer 
 
 McEwen 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Shanahan 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—63. 
 Nays—0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 635 
 
 Section 17 having received the votes of a majority of the Delegates 
 elected was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided bv Rule 20. 
 Section 18^/2 was again taken np. 
 
 Whereupon Mr. Davis offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 29 . 
 
 Amend section 18% by striking out the words “contract debts,” in lines 
 1 and 2, and inserting in lieu thereof the words “borrow money.” 
 
 . And the amendment was adopted. 
 
 . -P eu ding roll call, Mr. Cutting moved that further consideration of 
 
 section 1 S 1 /? be postponed. 
 
 And the motion prevailed. 
 
 Section 19 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 64; nays, 0. 
 
 Those voting in the affirmative are: Messrs/ 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hull 
 
 Iarussi 
 
 Ireland 
 
 Jack 
 
 J arman 
 
 Johnson, W. A. 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Mayer 
 
 McEwen 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Pearce 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Shanahan 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—64. 
 
 Section 19, having received the votes of a maojrity of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided bv Rule 20. 
 
 At the hour of 12:35 o’clock p. m., Mr. Harnill moved that the 
 Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o'Clock P. M. 
 
 The hour of 2:00 o’clock p. m., having arrived, the Convention 
 resumed its session. 
 
 The President presiding. 
 
 Section 29, of the special report of the Committee on Phraseology 
 and Style, on April 27th, was again taken up. 
 
 The pending question at the time of postponement on April 29th 
 being the consideration of Amendment No. 28, the same was, by unani¬ 
 mous consent, withdrawn. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 58; nays, 0. 
 
636 
 
 JOURNAL OF THE 
 
 [May 1, 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster ' 
 Carlstrom 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 
 Cruden 
 Cutting 
 Davis 
 Dawes 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Dupee, E. H. 
 Elting 
 Fyke 
 Gale 
 
 native are: 
 
 Messrs. 
 
 
 Garrett 
 
 Lill 
 
 Shanahan 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Gilbert 
 
 Mayer 
 
 Sneed 
 
 Goodyear 
 
 McEwen 
 
 Stahl 
 
 Green 
 
 Miller 
 
 Taff 
 
 Hamill 
 
 Mills 
 
 Tebbens 
 
 Hogan 
 
 Moore 
 
 Warren 
 
 Hull 
 
 Nichols 
 
 Wilson 
 
 Iarussi 
 
 Paddock 
 
 Wolff 
 
 Jack 
 
 Parker 
 
 Mr. President 
 
 Jarman 
 
 Pinnell 
 
 Yeas—5 
 
 Latchford 
 
 Rinaker 
 
 Nays— 1 
 
 Section 29, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to. the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 18% was again taken up. 
 
 Mr. Davis moved to reconsider the vote by which Amendment Ao. 
 
 29 was adopted. 
 
 And the motion prevailed. 
 
 Mr. Davis thereupon, by unanimous consent, withdrew the amend¬ 
 
 ment. 
 
 The question then being on the adoption of section 18%, as 
 amended, a call of the roll was had, resulting as follows: Yeas, 57; 
 
 nays, 0. 
 
 Those voting in the affirmative are 
 
 Messrs. 
 
 Cutting Goodyear pill 
 
 Davis Gray Lmdly 
 
 Dawes Green Mayer 
 
 De Young Hamill McEwen 
 
 Dietz Hogan Miller 
 
 Dryer Hull Hills 
 
 Dunlap Iarussi Moore 
 
 Fykg Ireland Nichols 
 
 Gale Jack Paddock 
 
 Garrett Jarman Parker 
 
 Gee Johnson, W. A. Pinnell 
 
 Gilbert Latchford 
 
 Section 18%, having received the votes of a majority of the Dele¬ 
 gates elected, was declared passed, and, under the rules, was re-referred 
 to the Committee an Phraseology and Style, for action as pro\ ided bt 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Carlstrom 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 
 Punaker 
 
 Shanahan 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taff 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—57. 
 Nays—0. 
 
 Rule 20. * 
 
 Mr. Dunlap, in accordance with his notice, moved to reconsider the 
 
 vote by which sections 6 and 7, combined, of Report Yo. 2, of the Com¬ 
 mittee on Phraseology and Style, were adopted. 
 
 The question being on the motion to reconsider, a division of the 
 Convention was had, resulting as follows: Yeas, 36; nays, 19. 
 
 And the motion prevailed. 
 
 Mr. Dunlap moved that sections 6 and 7, of the Constitution o± 
 1870, be substituted for sections 6 and 7, combined, as reported by the 
 Committee on Phraseolog} T and Style. 
 
 And the motion prevailed. 
 
 Section 6, of the Constitution of 1870, was taken up and read at 
 lar^e. 
 
 ° And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Teas, 51; nays, 5. 
 
1922.] CONSTITUTIONAL CONVENTION. 637 
 
 Those 
 
 voting in 
 
 the affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Gilbert 
 
 Lindly 
 
 Pinnell 
 
 Barr 
 
 Davis 
 
 Goodyear 
 
 McEwen 
 
 Rinaker 
 
 Beckman 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Shanahan 
 
 Brandon 
 
 Dietz 
 
 Hogan 
 
 Meinert 
 
 Shaw 
 
 Brenholt 
 
 Dryer 
 
 Hull 
 
 Michal 
 
 Smith 
 
 Brewster 
 
 Dunlap 
 
 Ireland 
 
 Miller 
 
 Stahl 
 
 Carlstrom 
 
 Dupuy, 
 
 G. A. Jack 
 
 Mills 
 
 Taff 
 
 Catron 
 
 Fyke 
 
 Jarman 
 
 Moore 
 
 Tebbens 
 
 Clarke 
 
 Gale 
 
 Johnson, W. 
 
 A. Nichols 
 
 W arren 
 
 Coolley 
 
 Garrett 
 
 Latchford 
 
 Paddock 
 
 Wolff 
 
 Corlett 
 
 Gee 
 
 Dill 
 
 Parker 
 
 Mr. President 
 
 Yeas—54. 
 
 Those 
 
 voting in 
 
 the negative are: 
 
 Messrs. 
 
 
 Adamkiewicz 
 
 Hamill 
 
 Iarussi 
 
 Mayer 
 
 Wilson 
 
 Nays—5. 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Pule 20. 
 
 Section 7, of the Constitution of 1870, was taken up and read at 
 large. 
 
 Whereupon Mr. Green offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 5. 
 
 Amend section 7, by inserting the word “consumers” after the word 
 “shippers” in line 3. 
 
 The question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: Yeas, 27; nays, 33. 
 
 And the amendment was lost. 
 
 The question then being on the adoption of the section, a call of the 
 
 roll was had. 
 
 resulting as 
 
 follows: Yeas 
 
 , 56; nays, 10. 
 
 
 Those voting in the 
 
 affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Gee 
 
 Lill 
 
 Parker 
 
 Barr • 
 
 Davis 
 
 Gilbert 
 
 Lindly 
 
 Pinnell 
 
 Beckman 
 
 Dawes 
 
 Goodyear 
 
 McEwen 
 
 Rinaker 
 
 Brandon 
 
 De Young 
 
 Green 
 
 McGuire 
 
 Shanahan 
 
 Brenholt 
 
 Dietz 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Brewster 
 
 Dunlap 
 
 Hull 
 
 Mighell 
 
 Stahl 
 
 Carlstrom 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Mills 
 
 Tebbens 
 
 Catron 
 
 Elting 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Clarke 
 
 Fifer 
 
 Jarman 
 
 Morris 
 
 Warren 
 
 Coolley 
 
 Gale 
 
 Johnson, W. 
 
 A. Nichols 
 
 Wilson 
 
 Corlett 
 
 Garrett 
 
 Kerrick 
 
 Paddock 
 
 Mr. President 
 
 Cruden 
 
 
 
 
 Yeas— 
 
 Those voting in the 
 
 negative are: 
 
 Messrs. 
 
 
 Adamkiewicz 
 
 Hamill 
 
 Kunde 
 
 Mayer 
 
 Traeger 
 
 Fyke 
 
 Iarussi 
 
 Latchford 
 
 Taff 
 
 Wolff 
 
 
 
 
 Nays—: 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Pule 20. 
 
 Mr. Pinaker moved to reconsider the vote by which section 8, of 
 Peport Yo. 9, of the Committee on Phraseology and Style, was adopted 
 on April 29th. 
 
 The motion prevailed. 
 
 And section 8 was again taken up. 
 
 Whereupon Mr. Pinaker offered the following as a substitute for 
 section 8, and moved its adoption: 
 
638 
 
 JOURNAL OR THE 
 
 [May 1, 
 
 “Section 8. No person shall be held to answer to a criminal offense, 
 unless on indictment by a grand jury, or (except in capital cases), on in¬ 
 formation filed by the Attorney General, or by a State’s Attorney by leave of 
 a judge of a court of record, having jurisdiction of the offense, either in 
 term time or in vacation, such leave to he granted only after a showing of 
 probable cause. 
 
 This section shall not apply to cases of impeachment, cases arising in 
 the army and navy and in the militia when in actual service in time of war 
 or public danger or cases in which the punishment is by fine or by imprison¬ 
 ment otherwise than in the penitentiary.” 
 
 Mr. Hamill offered the following amendment to the substitute and 
 moved its adoption: 
 
 Amend the substitute for section 8 by striking out the following words: 
 “cases of impeachment.” 
 
 And the amendment to the substitute was lost. 
 
 And the question being on the adoption of the substitute it was 
 decided in the affirmative. 
 
 The question then being on the adoption of section 8, as amended. 
 
 a cal] of the roll was had, resulting as follows: Yeas, 68; nays, 1. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Green 
 
 Mayer 
 
 Rinaker 
 
 Adamkiewicz 
 
 De Young 
 
 Hamill 
 
 McEwen 
 
 Shanahan 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 McGuire 
 
 Smith 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Meinert 
 
 Sneed 
 
 Brandon 
 
 Dunlap 
 
 Iarussi 
 
 Mighell 
 
 Stahl 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Ireland 
 
 Miller 
 
 Taft 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jack 
 
 Mills 
 
 Tebbens 
 
 Carlstrom 
 
 Frole 
 
 Jarman 
 
 Moore 
 
 Traeger 
 
 Catron 
 
 Fyke 
 
 Johnson, W. A. 
 
 Morris 
 
 Trautmann 
 
 Clarke 
 
 Gale 
 
 Kerrick 
 
 Nichols 
 
 Warren 
 
 Coolley 
 
 Garrett 
 
 Kunde 
 
 Paddock 
 
 Wilson 
 
 Corlett 
 
 Gee 
 
 Latchford 
 
 Parker 
 
 Wolff 
 
 Cutting 
 
 Gilbert . 
 
 Lill 
 
 Pinnell 
 
 Mr. President 
 
 Davis 
 
 Goodyear 
 
 Lindly 
 
 
 Yeas— 
 
 Those voting in the negative are: Messrs. 
 
 Torrance Nays—1. 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Rule 20. 
 
 Mr. Nichols, in accordance with his notice of April 29th, moved to 
 reconsider the vote by which section 11, of Report No. 17, of the Com¬ 
 mittee on Phraseology and Style, had failed to pass. 
 
 The question being on the motion to reconsider, a division of the 
 Convention was had, resulting as follows: Yeas, 43; nays, 13. 
 
 The motion prevailed. 
 
 And section 11 was again taken up. 
 
 The question then being on the adoption of section 11, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 52; nays, 13. 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dietz 
 
 Hamill 
 
 Meinert 
 
 Shanahan 
 
 Adamkiewicz 
 
 Dryer 
 
 Hogan 
 
 Mighell 
 
 Sneed 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Miller 
 
 Taff 
 
 Brewster 
 
 Elting 
 
 Jack 
 
 Mills 
 
 Tebbens 
 
 Carlstrom 
 
 Fifer 
 
 Jarman 
 
 Moore 
 
 Torrance 
 
 Clarke 
 
 Fyke 
 
 Johnson, W. A. 
 
 Nichols 
 
 Trautmann 
 
 Coolley 
 
 Gale 
 
 Kerrick 
 
 Paddock 
 
 Warren 
 
 Cruden 
 
 Gee 
 
 Lindly 
 
 Parker 
 
 Wilson 
 
 Cutting 
 
 Gilbert 
 
 Mayer 
 
 Pinnell 
 
 Wolff 
 
 Dawes 
 
 De Young 
 
 Goodyear 
 
 Green 
 
 McGuire 
 
 Rinaker 
 
 Mr. Preside: 
 Yeas- 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 639 
 
 Those voting in the negative are: Messrs. 
 
 Barr Corlett Garrett Bill Smith 
 
 Beckman . Dunlap Iarussi McEwen Stahl 
 
 Brenholt Dupee, E. H. Kunde Nays—13. 
 
 Section 11, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Rule 20. 
 
 Mr. Gale, in accordance with his notice of April 29, moved to recon¬ 
 sider the vote by which section 13, of Report No. 17, of the Committee 
 on Phraseology and Style, had failed to pass. 
 
 The motion prevailed. 
 
 And section 13 was again taken up. 
 
 The question being on the adoption of the section, a call of the roll 
 
 was had, resulting as follows: Yeas, 69; nays, 0. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Green 
 
 Mayer 
 
 Shanahan 
 
 Adamkiewicz 
 
 De Young 
 
 Hamill 
 
 McEwen 
 
 Smith 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 McGuire 
 
 Sneed 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Meinert 
 
 Stahl 
 
 Brandon 
 
 Dunlap 
 
 Iarussi 
 
 Mighell 
 
 Taff 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Ireland 
 
 Miller 
 
 Tebbens 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jack 
 
 Mills 
 
 Torrance 
 
 Carlstrom 
 
 Elting 
 
 Jarman 
 
 Moore 
 
 Traeger 
 
 Catron 
 
 Fyke 
 
 Johnson, W. A. 
 
 Morris 
 
 - Trautmann 
 
 Clarke 
 
 Gale 
 
 Kerrick 
 
 Nichols 
 
 Warren 
 
 Corlett 
 
 • Garrett 
 
 Kunde 
 
 Paddock 
 
 Wilson 
 
 Cruden 
 
 Gee 
 
 Latchford 
 
 Parker 
 
 Wolff 
 
 Cutting 
 
 Gilbert 
 
 Lill 
 
 Pinnell 
 
 Mr. President 
 
 Davis 
 
 Goodyear 
 
 Lindly 
 
 Rinaker 
 
 Yeas—69 
 
 Nays—0. 
 
 Section 13, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 The Convention proceeding upon the consideration of Report No. 
 12, of the Committee on Phraseology and Style, on the subject of Legis¬ 
 lative Department, section 23 thereof, having been postponed on April 
 26, was taken up and read at large. 
 
 Whereupon Mr. Hamill offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 30. 
 
 • 
 
 Amend section 23 by inserting after the word “State” in the last line 
 thereof the following: “or to any political division thereof.” 
 
 And the amendment was adopted. 
 
 Pending roll call, on motion of Mr. Gale, further consideration of 
 section 23 was postponed. 
 
 Mr. Hamill gave notice that on the next Convention day he would 
 move to reconsider the vote by which section 11, of Report No. 17, of 
 the Committee on Phraseology and Style, was adopted. 
 
 Mr. Ilamill, in accordance with his motion of March 9, moved to 
 reconsider the vote by which section 19, of Report No. 9, of the Com¬ 
 mittee on Phraseology and Style, had failed to pass. 
 
 The motion prevailed. 
 
 And section 19 was again taken up. 
 
640 
 
 JOURNAL OF THE 
 
 [May 1, 
 
 The question then being on the adoption of section 19, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 58; nays, 6. 
 
 Those voting in the affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Lindly 
 
 Parker 
 
 Adamkiewicz 
 
 Davis 
 
 Hamill 
 
 Mayer 
 
 Pinnell 
 
 Barr 
 
 Dawes 
 
 Hogan 
 
 McEwen 
 
 Shanahan 
 
 Beckman 
 
 De Young 
 
 Hull 
 
 McGuire 
 
 . Smith 
 
 Brandon 
 
 Dunlap 
 
 Iarussi 
 
 Meinert 
 
 Sneed 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Ireland 
 
 Mighell 
 
 Taff 
 
 Carlstrom 
 
 Dupuy, G. A. 
 
 Jack 
 
 Miller 
 
 Torrance 
 
 Catron 
 
 Elting 
 
 Jarman 
 
 Moore 
 
 Trautmann 
 
 Clarke 
 
 Flfer 
 
 Johnson, W. A. Morris 
 
 Wilson 
 
 Coolley 
 
 Gale 
 
 Kerrick 
 
 Nichols 
 
 Wolff 
 
 Corlett 
 
 Garrett 
 
 Kunde 
 
 Paddock 
 
 Mr. President 
 
 Cruden 
 
 Gilbert 
 
 Lill 
 
 
 Yeas—58. 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Brewster 
 
 Dietz 
 
 Dryer 
 
 Gee 
 
 Goodyear 
 
 Stahl 
 
 Nays—6. 
 
 Section 19, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 The Convention proceeding upon the consideration of Report No. 
 15, of the Committee on Phraseology and Style, on the subject of Home 
 Rule and Zoning, section 8, together with pending Amendment No. 4, 
 was again taken up. 
 
 The question being on the adoption of Amendment No. 4. 
 
 Mr. Garrett offered the following as a substitute for section 8, and 
 all pending amendments, and moved its adoption: 
 
 “Section 8. The General Assembly, in order to promote the general wel 
 fare, may authorize cities, villages, and incorporated towns to adopt reason¬ 
 able regulations governing the use and appearance of land and the location, 
 appearance, size, and use of structures, and to divide their territory into 
 zones to each of which special regulations may be applied. Distinction may 
 be made between conditions existing at the time of the adoption of any such 
 regulations and future conditions. Any statute in force at the time of the 
 adoption of this Constitution (or any ordinance passed in conformity with 
 such statute) which comes within the provisions of this section shall be 
 valid.” ,4 
 
 And the substitute was adopted. 
 
 Mr. Mayer offered the following as a substitute for section 8, as 
 amended, and moved its adoption: • ~ 
 
 “Section 8. The General Assembly may, for zoning purposes, authorize 
 cities, villages or incorporated towns to adopt regulations to classify, regu¬ 
 late, restrict and limit the height, area, bulk, and use of buildings or 
 structures of any kind in any specified zone or zones. But this power shall 
 not apply nor be exercised with reference to any building, structure or use 
 thereof existing at the time of the adoption of such regulation. 
 
 “Nothing herein contained shall be held to restrict or limit any of the 
 police powers of the State nor any of its powers of eminent domain.” 
 
 Pending discussion, Mr. Wilson moved that further consideration of 
 section 8, together with the pending substitute therefor, be postponed. 
 
 And the motion was lost. 
 
 The question recurring on the adoption of the substitute for section 
 8, it was decided in the negative. 
 
 Mr. Dupuy offered the following amendment and moved its adop¬ 
 tion : 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 641 
 
 Amendment No. 5. 
 
 Amend section 8, as amended, by inserting in line 6, after the word 
 “regulations” the words, “uniform within the zone.” 
 
 And the amendment was lost. 
 
 Mr. Davis offered the following amendment and moved its adoption: 
 
 Amendment No. 6. 
 
 Amend section 8, as amended, by inserting after the word “conditions” 
 the following: 
 
 “No owner of any land or structure shall be prevented by any regulation 
 adopted under any statute hereby authorized, from using such land or 
 structure for any purpose to which it is lawfully devoted at the time of the 
 adoption of any such regulation, unless the continuance of such one might 
 be lawfully prohibited, irrespective of this section.” 
 
 And the amendment was lost. 
 
 Mr. Dietz offered the following amendment and moved its adoption: 
 
 Amendment No. 7. 
 
 Amend section 8, as amended, by inserting after the word “conditions” 
 
 the following: 
 
 “and such regulations shall not be enforced as to conditions existing at 
 the time of their adoption without payment of just compensation.” 
 
 And the amendment was adopted. 
 
 Mr. Davis offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 8. 
 
 Amend section 8, as amended, by inserting after the word “compensa¬ 
 tion” the following: 
 
 “unless such regulations might lawfully be so enforced, irrespective of 
 the provisions of this section.” 
 
 And the amendment was adopted. 
 
 Mr. Adams offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 9. 
 
 Amend section 8, as amended, by striking out the word “appearance” 
 wherever it appears in the section. 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 8, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 57; nays, 5. 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Dawes 
 
 Green 
 
 Mayer 
 
 Smith 
 
 Beckman 
 
 Dietz 
 
 Hamill 
 
 McEwen 
 
 Sneed 
 
 Brandon 
 
 Dryer 
 
 Hogan 
 
 McGuire 
 
 Stahl 
 
 Brenholt 
 
 Dunlap 
 
 Hull 
 
 Meinert 
 
 TafC 
 
 Cai lstrom 
 
 Dupee, E. H. 
 
 Iarussi 
 
 Mighell 
 
 Torrance 
 
 Catron 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Miller 
 
 Traeger 
 
 Clarke 
 
 Fifer 
 
 Jack 
 
 Mills 
 
 Trautmann 
 
 Coolley 
 
 Fyke 
 
 Jarman 
 
 Moore 
 
 Warren 
 
 Corlett 
 
 Gale 
 
 Latchford 
 
 Morris * 
 
 Wilson 
 
 Cruden 
 
 Garrett 
 
 Lill 
 
 Nichols 
 
 Wolff 
 
 Cutting 
 
 Davis 
 
 Gilbert 
 
 Goodyear 
 
 Lindly 
 
 Parker 
 
 Mr. President 
 
 Yeas—57. 
 
 ■—41 C J 
 
642 
 
 JOUKNAL OF THE 
 
 Those voting in the negative are: Messrs. 
 
 Adams Adamkiewicz De Young Kunde Tebbens 
 
 Nays—5. 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Rule 20. 
 
 At the hour of 6:50 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1922.] 
 
 643 
 
 CONSTITUTIONAL CONVENTION. 
 
 TUESDAY, MAY 2, 1922, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Lewis B. Landreth, of the Immacu¬ 
 late Conception Church, of Carthage. 
 
 The Journal of Saturday, April 29th, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25th, the Secre¬ 
 tary called the roll of the Convention, which resulted as follows: Pres¬ 
 ent, 81. 
 
 Those voting present are: Messrs. 
 
 Adams 
 
 Dietz 
 
 Hamill 
 
 McGuire 
 
 Shanahan 
 
 Adamkiewicz 
 
 Dryer 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Barr 
 
 Dunlap 
 
 Hull 
 
 Michal 
 
 Sneed 
 
 Beckman 
 
 Dupee, E. H. 
 
 Iarussi 
 
 Mighell 
 
 Stahl 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Miller 
 
 Sutherland 
 
 Brenholt 
 
 Elting 
 
 Jack 
 
 Mills 
 
 Taff 
 
 Brewster 
 
 Pifer 
 
 Jarman 
 
 Moore 
 
 Tebbens 
 
 Car] strom 
 
 F*yke 
 
 Johnson, L». C. 
 
 Morris 
 
 Torrance 
 
 Catron 
 
 Gale 
 
 Johnson, W. A. 
 
 Nichols 
 
 Traeger 
 
 Clarke 
 
 Ganschow 
 
 KeVrick 
 
 O’Brien 
 
 Trautmann 
 
 Coolley 
 
 Garrett 
 
 Kunde 
 
 Paddock 
 
 Wall 
 
 Corlett 
 
 Gee 
 
 Latchford 
 
 Parker 
 
 Warren 
 
 Cruden 
 
 Gilbert 
 
 Lill 
 
 Pinnell 
 
 Wilson 
 
 Cutting 
 
 Goodyear 
 
 Lindly 
 
 Revell 
 
 Wolff 
 
 Davis 
 
 Gray 
 
 Mayer 
 
 Rinaker 
 
 Woodward 
 
 Dawes 
 
 Green 
 
 McEwen 
 
 Rosenberg 
 
 Mr. President 
 
 De Young Present—81. 
 
 The Convention proceeding on the order of reports of standing 
 committees: 
 
 Mr. Corlett submitted the following report: 
 
 STATE OF ILLINOIS 
 
 Constitutional Convention. 
 
 REPOKT OF THE COMMITTEE OK FUTURE AMENDMENT 
 
 OF THE CONSTITUTION. 
 
 YOUR COMMITTEE ON FUTURE AMENDMENT OF THE 
 CONSTITUTION, TO WHICH WAS REFERRED ARTICLE 
 14 OF THE PRESENT CONSTITUTION, AND PROPOSALS 
 NUMBERED 90, 93, 210, 242 AND 280, RESPECTFULLY 
 REPORTS THAT IT HAS CAREFULLY CONSIDERED 
 ARTICLE 14, AND THE SEVERAL PROPOSALS ABOVE 
 ENUMERATED, AND HEREWITH SUBMITS ITS REPORT 
 AND RECOMMENDS THAT THE ABOVE ENUMERATED 
 PROPOSALS AND EACH THEREOF BE REJECTED, AND 
 THAT THE FOLLOWING- SHALL P,E ADOPTED AS A 
 
644 
 
 JOURNAL OF THE 
 
 [May 2, 
 
 SUBSTITUTE FOB ARTICLE 14 AND SAID PROPOSALS, 
 AND THAT THE SAME SHALL BECOME A PART OF 
 THE CONSTITUTION: 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 Section 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 necessary to revise, alter or amend the Constitution, the 
 question shall be submitted to the electors at the next general election. If 
 a majority voting at the election vote for a Convention, the General Assembly 
 shall, at the next session, provide for a Convention, to consist of double the 
 number of members of the Senate, to be elected in the same manner, at the 
 same places, and in the same districts. The General Assembly shall, in the 
 act calling the Convention, designate the day, hour and place of its meeting, 
 fix the pay of its members and officers, and provide for the payment of the 
 same, together with the 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 States, and of the State 
 of Illinois, and to faithfully discharge their duties as members of the Con¬ 
 vention. The qualification of members shall be the same as that of members 
 of the Senate, and vacancies occurring shall be filled in the manner provided 
 for filling vacancies in the General Assembly. Said Convention shall meet 
 within three months after such election, and prepare such revision, altera¬ 
 tion or amendments of the Constitution as shall be deemed necessary, which 
 shall be submitted to the electors for their ratification or rejection, 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 sub¬ 
 mitted and approved, by a majority of the electors voting at the election, no 
 such revision, alteration or amendments shall take effect. 
 
 Section 2. Amendments to this Constitution may be proposed in either 
 House of the General Assembly, and if the same shall be voted for by two- 
 thirds of all the members elected to each of the two Houses, such proposed 
 amendments, together with the yeas and nays of each House thereon, shall 
 be entered in full on their respective journals, and said amendments shall 
 be submitted to the electors of this State for adoption or rejection, at the 
 next election of 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, thes shall 
 become a part of this Constitution. But the General Assembly shall has e no 
 power to propose amendments to more than two articles of this Constitution 
 at the same session, nor to the same articles oftener than once in four years. 
 
 Respectfully submitted, 
 
 Joseph W. Fifer, Chairman , 
 Edward Corlett, 
 
 C. B. T. Moore, 
 
 G. Gale Gilbert, 
 
 H. E. Torrance, 
 
 C. A. Sheet, 
 
 Alexander H. Reyell. 
 
 The report of the committee was ordered printed and the proposal 
 
 placed on the order of second reading. _ 
 
 The Convention proceeding npon the consideration of Report 2s o. 
 12 ; of the Committee on Phraseology and Style, on the subject of Legis¬ 
 lative Department, section 23 thereof was again taken np. 
 
 Whereupon Mr. Gale offered the following amendment and moved 
 
 its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 645 
 
 Amendment No. 31. 
 
 Amend section 23, as amended, by adding at the end thereof the follow¬ 
 ing: 
 
 “And no statute of limitation, barring any action on such indebtedness, 
 liability or obligation, shall begin to run in favor of any public officer until 
 an official audit of his accounts has been made, as shall be provided by law.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 23, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 77; nays, 0. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dryer 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Baldwin 
 
 Dunlap 
 
 Hull 
 
 Michal 
 
 Sneed 
 
 Barr 
 
 Dupee, E. H. 
 
 Iarussi 
 
 Mighell 
 
 Stahl 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Mills 
 
 Sutherland 
 
 Brenholt 
 
 Biting 
 
 Jack 
 
 Moore 
 
 Taft 
 
 Brewster 
 
 Filer 
 
 Jarman 
 
 Morris 
 
 Torrance 
 
 Carlstrom 
 
 Fyke 
 
 Johnson, L. C. 
 
 Nichols 
 
 Traeger 
 
 Catron 
 
 Gale 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Trautmann 
 
 Clarke 
 
 Ganschow 
 
 Kerrick 
 
 Paddock 
 
 Wall 
 
 Coolley 
 
 Garrett 
 
 Kunde 
 
 Parker 
 
 Warren 
 
 Corlett 
 
 Gee 
 
 Latchford 
 
 Pinnell 
 
 Wilson 
 
 Cruden 
 
 Gilbert 
 
 Lill 
 
 Revell 
 
 woift 
 
 Cutting 
 
 Goodyear 
 
 Lindly 
 
 Rinaker 
 
 Woodward 
 
 Davis 
 
 Gray 
 
 Mayer 
 
 Rosenberg 
 
 Mr. President 
 
 Dawes 
 
 Green 
 
 McEwen 
 
 Shanahan 
 
 Yeas—77. 
 
 De Young 
 
 Hamill 
 
 McGuire 
 
 
 Nays—0. 
 
 Section 23, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Pule 20. 
 
 The Convention proceeding upon the consideration of Report Xo. 
 9, of the Committee on Phraseology and Style, on the subject of Bill of 
 Rights, section 20 thereof was again taken up. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 63; nays, 8. 
 
 Those 
 
 voting in the affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Gilbert 
 
 Meinert 
 
 Smith 
 
 Adamkiewicz 
 
 De Young 
 
 Goodyear 
 
 Mighell 
 
 Sneed 
 
 Barr 
 
 Dietz 
 
 Gray 
 
 Mills 
 
 Stahl 
 
 Beckman 
 
 Dryer 
 
 Green 
 
 Moore 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Hogan 
 
 Morris 
 
 Taff 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Nichols 
 
 Tebbens 
 
 Brewster 
 
 Elting 
 
 Jack 
 
 Paddock 
 
 Torrance 
 
 Carlstrom 
 
 Fifer 
 
 Johnson, W. 
 
 A. Parker 
 
 Trautmann 
 
 Clarke 
 
 Fyke 
 
 Kerrick 
 
 Pinnell 
 
 Wall 
 
 Coolley 
 
 Gale 
 
 Kunde 
 
 Revell 
 
 Warren 
 
 Corlett 
 
 Ganschow 
 
 Lill 
 
 Rinaker 
 
 Woodward 
 
 Cruden 
 
 Garrett 
 
 Mayer 
 
 Shanahan 
 
 Mr. President 
 
 Cutting 
 
 Gee 
 
 McGuire 
 
 
 Yeas—63. 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Hamill 
 
 McEwen 
 
 O’Brien 
 
 Traeger 
 
 Wolff 
 
 Latchford 
 
 Michal 
 
 Rosenberg 
 
 
 Nays—8. 
 
 Section 20, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 The Convention proceeding upon the consideration of Report Xo. 
 4, of the Committee on Phraseology and Style, on the subject of Educa¬ 
 tion, section 4 thereof was again taken up. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 its adoption: 
 
646 
 
 JOURNAL OF THE 
 
 [May 2, 
 
 Amendment No. 4. 
 
 Amend section 4 by striking out after the figure 4 the words “except in 
 payment of rent or purchase price or for the hospital care of the sick when 
 only a sectarian hospital is available” and insert the words “except in pay¬ 
 ment of temporary rent or temporary hospital service or purchase price,” 
 so that the section will read: 
 
 “Section 4. Except in payment of temporary rent or temporary hospital 
 service or purchase price, no public money shall be paid or other public prop¬ 
 erty be given or applied for any sectarian purpose or to any institution 
 controlled by a church or sect.” 
 
 And the amendment was adopted. 
 
 Mr. Cutting offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 5. 
 
 Amend section 4, as amended, by inserting after the word “price” in line 
 2, the following: 
 
 “or of not to exceed the cost of maintaining and supporting during their 
 terms of commitment persons comitted by courts of competent jurisdiction 
 to institutions or agencies not conducted by the State but under public in¬ 
 spection.” 
 
 The question being on the adoption of 
 of five Delegates, a call of the roll was had, 
 
 the amendment, on demand 
 resulting as follows: Yeas, 
 
 Those 
 
 voting in the affirmative are 
 
 : Messrs. 
 
 
 Adamkiewicz 
 
 Davis 
 
 Green 
 
 McGuire 
 
 Sneed 
 
 Barr 
 
 Dawes 
 
 Hamill 
 
 Meinert 
 
 Sutherland 
 
 Brenholt 
 
 Dupee, E. H. Hogan 
 
 Michal 
 
 Tebbens 
 
 Carlstrom 
 
 Dupuy, G. A 
 
 Iarussi 
 
 Miller 
 
 Traeger 
 
 Catron 
 
 Fifer 
 
 Kunde 
 
 Morris 
 
 Wall 
 
 Clarke 
 
 Fyke 
 
 Latchford 
 
 O’Brien 
 
 Wilson 
 
 Coolley 
 
 Ganschow 
 
 Lindly 
 
 Paddock 
 
 Woodward 
 
 Corlett 
 
 Garrett 
 
 Mack 
 
 Rosenberg 
 
 Mr. President 
 
 Cutting 
 
 Gilbert 
 
 McEwen 
 
 Shanahan 
 
 Y eas— 
 
 Those 
 
 voting in the 
 
 negative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Smith 
 
 Beckman 
 
 Elting 
 
 Jarman 
 
 Moore 
 
 Stahl 
 
 Brandon 
 
 Gale 
 
 Johnson, L. C. Nichols 
 
 Taft 
 
 Brewster 
 
 Goodyear 
 
 Johnson, W. 
 
 A. Parker 
 
 Torrance 
 
 Chew 
 
 Gray 
 
 Kerrick 
 
 Pinnell 
 
 Trautmann 
 
 De Young 
 
 Hollenbeck 
 
 Lill 
 
 Revell 
 
 Warren 
 
 Dietz 
 
 Hull 
 
 Mayer 
 
 Rinaker 
 
 Wolft 
 
 Dryer 
 
 Ireland 
 
 Mighell 
 
 Shuey 
 
 Nays—: 
 
 39. 
 
 tion: 
 
 And the amendment was adopted. 
 
 Mr. Green offered the following amendment and moved its adop- 
 
 Amendment' No. 6. 
 
 Amend section 4, as amended, by inserting after the word “of” and be¬ 
 fore the word “maintaining” the word “temporarily.” 
 
 And the amendment was adopted. 
 
 Mr. Einaker offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 7. 
 
 Amend section 4, as amended, by adding at the end thereof the follow¬ 
 ing: 
 
 “No institutions which are controlled, directly or indirectly, in whole 
 oi in part, by any church or sect, which are not under full and frequent 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 647 
 
 public inspection, and none which have not, prior to January 1, 1922, 
 received public funds in any manner herein mentioned, shall be held to be 
 within those terms of any clause of this section permitting payment to such 
 institutions, and, as rapidly as similar institutions are provided at public 
 expense, they shall be exclusively recognized and used to the extent of their 
 capacity, and payments to any similar non-public institutions shall cease. 
 
 Pending discussion, at the hour of 12:35 o’clock p. m., Mr. Rinaker 
 moved that the Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o’Clock P. M. 
 
 The hour of 2:00 o’clock p. m., having arrived, the Convention 
 resumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of Amendment No. 7, to section 4, of Report No. 4, the same 
 was again taken up. 
 
 The pending question being on the adoption of the amendment 
 offered by Mr. Rinaker, a division of the Convention was had, resulting 
 as follows: Yeas, 31; nays, 28. 
 
 And the amendment was adopted. 
 
 Pending roll call, Mr. Dunlap moved that further consideration of 
 section 4 be postponed. 
 
 The question being on the motion to postpone, a division of the 
 convention was had, resulting as follows: Yeas, 40; nays, 39. 
 
 And the motion prevailed. 
 
 The Convention proceeding upon the consideration of Report No. 
 17, of the Committee on Phraseology and Style, on the subject of Coun¬ 
 ties, section 4 thereof was again taken up. 
 
 Whereupon Mr. Gale offered the following amendment and moved 
 
 its adoption: 
 
 Amendment No. 15. 
 
 * O 
 
 Amend section 4, by striking out all of the section after the word “law,” 
 in line 3. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 4, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 80; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dryer 
 
 Hollenbeck 
 
 Mighell 
 
 Smith 
 
 Adamkiewicz 
 
 Dunlap 
 
 Hull 
 
 Miller 
 
 Sneed 
 
 Barr 
 
 Dupee, E. H. 
 
 larussi 
 
 Mills 
 
 Stahl 
 
 Brandon 
 
 Dupuy, G. A- 
 
 Ireland 
 
 Moore 
 
 Sutherland 
 
 Brenholt 
 
 Elting 
 
 Jack 
 
 Morris 
 
 Taff 
 
 Brewster 
 
 Fyke 
 
 Jarman 
 
 Nichols 
 
 Tebbens 
 
 Carlstrom 
 
 Gale 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Torrance 
 
 Catron 
 
 Ganschow 
 
 Johnson, W. A. 
 
 Paddock 
 
 Traeger 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Parker 
 
 Trautmann 
 
 Clarke 
 
 Gee 
 
 Kunde 
 
 Pinnell 
 
 Wall 
 
 Coolley 
 
 Gilbert 
 
 Latchford 
 
 Quinn 
 
 Warren 
 
 Corlett 
 
 Goodyear 
 
 Lill 
 
 Revell 
 
 Wilson 
 
 Cruden 
 
 Gray 
 
 Lindly 
 
 Rinaker 
 
 Wolff 
 
 Cutting 
 
 Green 
 
 Mayer 
 
 Rosenberg 
 
 Woodward 
 
 Dawes 
 
 Hamill 
 
 McGuire 
 
 Shanahan 
 
 Mr. President 
 
 De Young 
 
 Dietz 
 
 Hogan 
 
 Meinert 
 
 Shuey 
 
 Yeas— 80. 
 Nays— 0. 
 
648 
 
 JOURNAL OF THE 
 
 [May 2. 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Pule 20. 
 
 Mr. Gale moved to suspend the rules for the purpose of reconsider¬ 
 ing the vote by which section 4, of article 46, was adopted on April 29th. 
 And the motion prevailed. 
 
 Mr. Gale thereupon moved that the vote by which section 4 was 
 
 adopted be reconsidered. 
 
 The motion prevailed. 
 
 And section 4 was again taken up. 
 
 Whereupon Mr. Gale moved to amend section 4 by striking out ah 
 of the section after the word “law” in line 3. 
 
 And the motion prevailed. 
 
 The question then being on the adoption of section 4, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 78; nays, 3. 
 Those voting in the affirmative are: Messrs. 
 
 Hogan 
 
 Hollenbeck 
 Hull 
 Iarussi 
 Ireland 
 Jack 
 J arman 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Kunde 
 Lill 
 Lindly 
 Mack 
 Mayer 
 McEwen 
 
 McGuire 
 
 Meinert 
 
 Michal 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—78. 
 
 Adams De Young 
 
 Barr Dietz 
 
 Beckman Dryer 
 
 Brandon Dunlap 
 
 Brenholt Dupee, E. H. 
 
 Brewster Dupuy, G. A. 
 
 Carlstrom Biting 
 
 Gatron F*yke 
 
 Chew Gale 
 
 Clarke Ganschow 
 
 Coolley Garrett 
 
 Corlett Gee 
 
 Cruden Gilbert 
 
 Cutting Goodyear 
 
 Davis Gray 
 
 Dawes Green 
 
 Those voting in the negative are: Messrs. 
 
 Adamkiewicz Latchford O’Brien ... l 4. 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Eule 20. 
 
 The Convention proceeding upon the consideration of Deport JNo. 
 14, of the Committee on Phraseology and Style, on the subject of Land 
 
 Credits the same was taken up and read at large. 
 
 Whereupon Mr. Clarke offered the following amendment and moved 
 
 its adoption: 
 
 Amendment No. 1. 
 
 Nays—3. 
 
 Amend Report No. 14, by striking out the word “or” in line 10 and 
 inserting in lieu thereof the word “and.’ 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of Report Yo. 14, as 
 amended, a call of the roll was had, resulting as follows: Yeas, 51: 
 
 nays, 33. 
 
1922.] CONSTITUTIONAL CONVENTION. 649 
 
 Those 
 
 voting in the affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Dunlap 
 
 Hogan 
 
 Mack 
 
 Parker 
 
 Barr 
 
 Dupee, E. H. 
 
 Hollenbeck 
 
 McEwen 
 
 Pinnell 
 
 Beckman 
 
 Elting 
 
 Hull 
 
 McGuire 
 
 Quinn 
 
 Brandon 
 
 Fifer 
 
 Jack 
 
 Meinert 
 
 Shuey 
 
 Brenholt 
 
 Gal* 
 
 Jarman 
 
 Mighell 
 
 Sneed 
 
 Catron 
 
 Garrett 
 
 Johnson, L. C. Miller 
 
 Stahl 
 
 Chew 
 
 Gee 
 
 Johnson, W. 
 
 A. Mills 
 
 Torrance 
 
 Clarke 
 
 Gilbert 
 
 Kerrick 
 
 Moore 
 
 Trautmann 
 
 Coolley 
 
 Goodyear 
 
 Lill 
 
 Nichols 
 
 Warren 
 
 Corlett 
 
 Gray 
 
 Lindly 
 
 Paddock 
 
 Wolff 
 
 Dryer 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 Yeas—! 
 
 Adamkiewicz 
 
 Dietz 
 
 Kunde 
 
 Rinaker 
 
 Tebbens 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Latchford 
 
 Rosenberg 
 
 Traeger 
 
 Carlstrom 
 
 Ganschow 
 
 Mayer 
 
 Shanahan 
 
 Wall 
 
 Cutting 
 
 Green 
 
 Michal 
 
 Smith 
 
 Wilson 
 
 Davis 
 
 Hamill 
 
 Morris 
 
 Sutherland 
 
 Woodward 
 
 Dawes 
 
 Iarussi 
 
 O’Brjen 
 
 Taft 
 
 Mr. President 
 
 De Young 
 
 Ireland 
 
 Revell 
 
 
 Nays—: 
 
 Eeport No. 14, having received the votes of less than a majority of 
 the Delegates elected, failed to pass. 
 
 The Convention proceeding on the order of reports of standing 
 committees. 
 
 Mr. Clarke submitted the following report: 
 
 Report No. 8. 
 
 YOUR COMMITTEE ON PHEASEOLOGY AND STYLE, TO 
 WHICH. WAS REFERRED A PEOPOSAL ENTITLED CHI¬ 
 CAGO AND COOK COUNTY (INTEODUCTION NO. 385, 
 REFERENCE NO. 17), AS AMENDED IN COMMITTEE OF 
 THE WHOLE, RESPECTFULLY REPORTS THAT IT HAS 
 CONSIDERED SUCH PEOPOSAL, AND HEREWITH SETS 
 FORTH IN PARALLEL COLUMNS ARTICLE I OF SAID 
 PROPOSAL AS ADOPTED IN COMMITTEE OF THE 
 WHOLE ON THE LEFT, AND A SUBSTITUTE THERE¬ 
 FOR AS RECOMMENDED BY THIS COMMITTEE ON 
 THE RIGHT. 
 
 Resolved, That the following 
 lion of Illinois: 
 
 Section 1. Except as expressly 
 limited by law the City of Chicago 
 is hereby granted and declared to 
 possess full and complete powers of 
 local self-government and corporate 
 action for all municipal purposes. 
 The city may assess and collect 
 taxes and borrow money for corpor¬ 
 ate purposes only as authorized by 
 law. 
 
 shall become a part of the Constitu~ 
 
 Section 1. Except as expressly 
 prohibited by law, the City of Chi¬ 
 cago is hereby declared to possess, 
 for all municipal purposes, full and 
 complete power of local self-govern¬ 
 ment and corporate action. This 
 grant of power shall be liberally con¬ 
 strued and no power shall be denied 
 the city by reason of not being speci¬ 
 fied in any present or future law. 
 The city, however, may impose taxes 
 and borrow money only as authorized 
 by law. 
 
 Until otherwise provided by the 
 city charter, the powers heretofore 
 granted the city shall be preserved 
 and exercised in accordance with law 
 
650 
 
 JOURNAL OF THE 
 
 [May 2 , 
 
 Section 2. Charter Convention. 
 The legislative authority of the City 
 of Chicago may provide for the call¬ 
 ing of an elective convention to 
 frame a city charter, or to amend 
 any existing charter, and the power 
 hereby granted shall be a continuing 
 power. The question whether a Con¬ 
 vention shall be called shall be sub¬ 
 mitted at an election held prior to 
 the election for delegates. The char¬ 
 ter framed by the Convention and 
 all amendments thereof, proposed as 
 provided therein, shall be submitted 
 to and adopted by the voters of ths 
 city in the manner provided by the 
 Convention. The election laws of 
 the State and the powers and duties 
 existing threunder may, by the leg¬ 
 islative authority of the city, or by 
 the Convention, be made available 
 for the purpose of the charter. The 
 General Assembly may enact further 
 election laws in aid of this section. 
 
 Provisions of the charter, or of 
 amendments of or additions to the 
 charter, or ordinances passed in pur¬ 
 suance thereof, which relate to the 
 organization of the government of 
 the city, to the distribution of pow¬ 
 ers among its official agencies or to 
 the tenure and compensation of its 
 officials shall prevail over the stat¬ 
 utes of the State in conflict there¬ 
 with. In other matters the charter 
 or ordinances passed thereunder 
 shall conform to the State law. 
 
 A certified copy of said charter or 
 any amendment thereto shall be filed 
 with the Secretary of State within 
 thirty days after its adoption by 
 referendum vote and shall not take 
 effect until so filed. 
 
 Rates of compensation, as well as 
 conditions of appointment and pro¬ 
 motion in the civil service of the 
 city shall be determined according 
 to a general plan, which shall recog¬ 
 nize merit and fitness as controlling 
 principles. 
 
 Section 3. Eminent Domain. The 
 City of Chicago shall have power to 
 condemn private property (including 
 public utilities and the privileges or 
 licenses held in connection there¬ 
 with) for public use in accordance 
 
 | and the additional power granted by 
 this section shall be exercised by, or 
 in accordance with city ordinances. 
 
 Section 2. The legislative author¬ 
 ity of the City of Chicago, from time 
 to time, and after approval of the 
 proposition at an election in such 
 manner as it may provide, may call 
 an elective convention to frame a 
 new city charter or to revise or 
 amend any existing charter. The 
 proposals of any sucli convention 
 shall be submitted to the voters for 
 adoption in the manner provided by 
 it. Subsequent amendments may also 
 be proposed and submitted to the 
 voters in such manner as the charter 
 may provide. State election laws 
 and the powers and duties existing 
 thereunder shall be available for the 
 purposes of this section. 
 
 The charter so framed, revised or 
 amended and ordinances passed 
 thereunder shall prevail over State 
 laws so far as the organization of 
 the City Government, the distribu¬ 
 tion of powers among its official 
 agencies, and the tenure and com¬ 
 pensation of its officers / and em¬ 
 ployees are concerned. 
 
 Rates of compensation as well as 
 conditions of appointment and pro¬ 
 motion in the classified civil service 
 of the city shall be determined ac¬ 
 cording to a general plan which shall 
 recognize merit and fitness as con¬ 
 trolling princiifi^s. 
 
 Section 3. In the exercise of the 
 power of eminent domain by the City 
 of Chicago, public utilities and their 
 privileges and licenses shall be 
 deemed private property. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 651 
 
 with law. The power to condemn 
 property lying outside of the corpor¬ 
 ate limits shall be determined by law. 
 
 Section 4. Public Utilities. The 
 power of the city to own, acquire, 
 construct, operate or let or lease for 
 operation public utilities, or to sell 
 the same or the product or service 
 thereof, shall not be denied by law, 
 but may be reasonably regulated by 
 general law. 
 
 Section 5. The city shall be au¬ 
 thorized to join with any other mu¬ 
 nicipality, in such manner as may be 
 provided by law, for the joint con¬ 
 struction of local improvements, 
 public utilities or other local serv¬ 
 ices. 
 
 Section 6 . Special Legislation and 
 Local Consent. The General Assem¬ 
 bly may enact local or special laws 
 relating to the governmental affairs 
 of the City of Chicago, but such 
 laws shall not become effective until 
 consented to by the city. A law 
 which at the time of its enactment 
 is applicable to the governmental 
 affairs of no other city than the City 
 of Chicago shall be deemed a local or 
 special law. 
 
 Section 7. The consent of the city 
 shall also be required for the crea¬ 
 tion or for the enlargement of any 
 municipal corporation (other than a 
 county) exercising taxing powers in 
 any part of the City of Chicago or 
 for the increase of the taxing powers 
 of any such municipal corporation 
 hereafter created or enlarged. 
 
 Section 8 . The consent# of the 
 city, whenever required by this Con¬ 
 stitution, shall be expressed by ordi¬ 
 nance, and the General Assembly, 
 the city council or the charter may, 
 
 Section 4. The City of Chicago, 
 subject to reasonable regulation by 
 general law, may own, acquire, con¬ 
 struct, operate, sell, pledge, lease or 
 let public utilities, or buy or sell the 
 service thereof. 
 
 Section 5. (Omitted. Taken care 
 of by amendment to Section 11, of 
 Revenue Article.) 
 
 Section 6. (No change suggested.) 
 
 Section 8 . The consent of the City 
 of Chicago shall be required for the 
 creation, enlargement or consolida¬ 
 tion of any municipal corporation 
 (except a county) exercising tax¬ 
 ing powers within the city or for 
 any increase of the taxing powers 
 of any such municipal corpora¬ 
 tion hereafter created or enlarged. 
 No ordinance expressing consent 
 to the creation, enlargement or 
 consolidation of any municipal 
 corporation shall take effect until 
 ninety days after its enactment, and 
 if within that time either 5,000 vot¬ 
 ers or one-third of the legislative 
 authority of the city petition that 
 body to submit the question at an 
 election the ordinance shall not take 
 effect until approved by a majority 
 of those voting on the question. 
 
 Section 7. The consent of the city 
 whenever required by this article 
 shall be expressed by ordinance, but 
 the General Assembly, the city char¬ 
 ter or the ordinance may prescribe 
 
V' 
 
 652 JOURNAL 
 
 in addition, require the submission 
 of the proposition to the voters of 
 the city. Any ordinance consenting 
 to the creation, enlargement or con¬ 
 solidation of taxing bodies as pro¬ 
 vided in this aiticle shall not take 
 effect until ninety days after its en¬ 
 actment, and if within that period 
 either one-third of the members of 
 the legislative authority of the city 
 or five thousand voters demand its 
 submission to popular vote, it shall 
 not take effect until submitted to the 
 voters in accordance with law and 
 approved by a majority of those vot¬ 
 ing upon the question. 
 
 Section 9. Consolidation. Munici¬ 
 palities Wholly Within the City and 
 Overlapping Townships. The charter 
 framed by an elective convention as 
 herein authorized, may provide for 
 the consolidation (in whole or in 
 part) with the City of Chicago, of 
 any or all of the municipal corpora¬ 
 tions and local governments, boards 
 or authorities exercising taxing pow¬ 
 ers or any powers of government 
 confined to the territory now or here¬ 
 after embraced within the limits of 
 the City of Chicago. The charter so 
 framed may also provide that where 
 any township embraces territory 
 partly within and partly without the 
 present or future limits of the city, 
 the part within the city shall be de¬ 
 tached from such township and con¬ 
 solidated with the city. Any munici¬ 
 pal corporation, local government, 
 board or authority consolidated with 
 the city shall be abolished and the 
 city shall assume all the debts and 
 liabilities and succeed to all the 
 rights and property thereof. In case 
 township government shall be con¬ 
 solidated with the city, the powers 
 of township officers, insofar as they 
 relate to the collection of taxes, shall 
 be exercised by the county treasurer, 
 until otherwise provided by law. 
 
 or the " [May 2, 
 
 in addition approval of the ordinance 
 by the voters. 
 
 Sections 9, 10 and 11. The charter 
 framed, revised or amended under 
 section two of this article may pro¬ 
 vide: 
 
 (a) For the consolidation with 
 the City of Chicago of any or all 
 local governments or other au¬ 
 thorities (in whole or in part) 
 now or hereafter exercising pow¬ 
 ers confined to the city limits; 
 and also of that part of any town¬ 
 ship (partly within and partly 
 without the city) now or hereafter 
 lying within the city limits. After 
 consolidation with the city of any 
 township (or part thereof) ‘the 
 powers of all officers therein relat¬ 
 ing to collection of taxes shall be 
 exercised by the county treasurer 
 until otherwise provided by law. 
 
 (b) For the consolidation with 
 the City of Chicago of the Sani¬ 
 tary District of Chicago and the 
 Forest Preserve District of Cook 
 County, or either of - them. No 
 consolidation of either of said dis¬ 
 tricts shall take effect until ap¬ 
 proved at an election by a majority 
 of those voting on the question 
 both in the district and in the city. 
 The question of consolidation of 
 either district shall be submitted 
 to the voters thereof as a separate 
 proposition, and the election offi¬ 
 cials responsible for conducting 
 elections therein shall submit the 
 question in the manner provided 
 by the charter. The city shall ex¬ 
 ercise no taxing power outside its 
 limits by virtue of consolidating 
 either district. Upon consolidation 
 of the Sanitary District with the 
 City of Chicago, and until other¬ 
 wise l^ovided by law, the city shall 
 furnish without charge sewage dis¬ 
 posal service beyond its limits in 
 the district, to the extent then fur¬ 
 nished by the district; and the city 
 may be required by law to furnish 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 653 
 
 Section 10. consolidation of Sani¬ 
 tary District and of Forest Preserve 
 District. The charter may also pro¬ 
 vide for the consolidation of the 
 government of the sanitary district 
 of Chicago and of the forest preserve 
 district of Cook county, or of either, 
 with the government of the City of 
 Chicago. Such consolidation shall, 
 as regards each of said districts, be 
 submitted as a separate proposition 
 to the voters of the entire district 
 and shall not become effective unless 
 the vote in its favor shall be cast by 
 a majority of the voters of the dis¬ 
 trict as well as by a majority of the 
 city, viting upon the question. The 
 charter shall prescribe the manner 
 and fix the time of submitting such 
 proposition to a vote. If such propo¬ 
 sition shall fail to be approved at 
 any election, it may thereafter be re¬ 
 submitted from time to time in such 
 manner as the charter may prescribe. 
 It shall be the duty of all election 
 officials responsible for conducting 
 elections within either of said dis¬ 
 tricts or any part thereof, to submit 
 such proposition to the voters thereof 
 in accordance with the provisions or 
 the charter. 
 
 Upon such consolidation becoming 
 effective, the title to and the control 
 and management of all the property 
 then held by the district thus con¬ 
 solidated shall be vested in the city, 
 and the city shall have all powers 
 and assume all debts and liabilities 
 of the district, but snail exercise no 
 
 at cost, additional increased sewage 
 disposal service in such territory. 
 
 All duties or obligations imposed 
 by law at the time of such con¬ 
 solidation for the benefit of the 
 inhabitants of such territory, or 
 any part thereof, upon the city or 
 the sanitary district with respect 
 to other forms of service shall be 
 assumed by the city unless it is 
 relieved therefrom by the General 
 Assembly. 
 
 Any authority consolidated with 
 the City of Chicago under this sec¬ 
 tion shall be abolished and the city 
 shall succeed to all the powers, prop¬ 
 erty and liabilities thereof. If any 
 consolidation proposed under this 
 section fails to be approved at any 
 election, the question may be resub¬ 
 mitted from time to time in the man¬ 
 ner provided by the charter. 
 
654 
 
 JOURNAL OF THE 
 
 [May 2, 
 
 taxing powers over territory outside 
 of the city limits hy virtue of such 
 consolidation. 
 
 The word “charter,” as used in this 
 section and the preceding section, 
 shall be construed to include any 
 amendment thereof and the power 
 of consolidation hereby granted shall 
 be deemed to be a continuing power. 
 
 Section 11. After consolidation of 
 the sanitary district and until other¬ 
 wise provided by law, the city shall 
 continue to furnish to the inhabi¬ 
 tants of the territory within the 
 district as constituted at the time 
 of the consolidation, but lying be¬ 
 yond the present or future limits of 
 the city, without cost or expense to 
 them or to the municipalities within 
 such territory, sewage disposal serv¬ 
 ice to the extent furnished to them 
 by the district at that time. The 
 General Assembly shall have no 
 power to enlarge the obligation 
 thereby assumed by the city except 
 to require the city to furnish to the 
 inhabitants of the municipalities in 
 such territory, or any part thereof, 
 at their own. cost and expense addi¬ 
 tional or increased service for sewage 
 disposal purposes. All duties or obli¬ 
 gations imposed by law at the time 
 of such consolidation for the benefit 
 of the inhabitants of such territory, 
 or any part thereof, upon the city 
 or sanitary district with respect to 
 other forms of service shall be as¬ 
 sumed by the city unless it shall be 
 relieved therefrom by the General 
 Assembly. 
 
 Section 12. Tax Rate After Con¬ 
 solidation. After consolidation in 
 w T hole or in part, and until a new 
 tax rate shall have been established 
 by law, the city may levy, in addi¬ 
 tion to the annual general tax on 
 the property then authorized to be 
 levied, an annual tax equal to the 
 amount of the taxes caused to be ex¬ 
 tended upon the collector’s warrants 
 in the year last preceding the con¬ 
 solidation by the taxing authorities 
 so consolidated with the city. 
 
 Section 13. Park Consolidation Act 
 Preserved. The foregoing provisions 
 concerning consolidation shall not 
 affect the right of the city, acting 
 through the city council, or other¬ 
 wise, to avail itself of the provisions 
 
 Section 12. After any consolida¬ 
 tion authorized by the foregoing 
 section has taken effect, and until 
 a new tax rate is fixed by law, the 
 City of Chicago may levy an addi¬ 
 tional annual tax equal to the 
 amount of taxes caused to be ex¬ 
 tended by the authority so consoli¬ 
 dated upon the collector’s warrants 
 in the year last preceding consolida- 
 i tion. 
 
 Section 13. The rights of the City 
 of Chicago under the Act for the 
 Consolidation of Local Governments, 
 approved June 29, 1915, or any 
 
 amendment thereof, are not affected 
 by this article. 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTIONS. 
 
 655 
 
 of an Act entitled “An Act to con¬ 
 solidate in the government of the 
 City of Chicago the powers and 
 functions now vested in local govern¬ 
 ments and authorities within the 
 territory of said city and to make 
 provision concerning the same,” 
 approved June 29th, 1915, or any 
 amendment thereof. 
 
 Section 14. Legislative Consolida¬ 
 tion. The General Assembly may 
 provide additional or alternative 
 methods for the consolidation of lo¬ 
 cal governments with the City of 
 Chicago, subject to the consent of 
 the city. 
 
 Section 15. Debt Limit After Con¬ 
 solidation. The City of Chicago, in 
 the event of any one or more of the 
 municipal corporations lying wholly 
 or partly within said city becoming 
 consolidated therewith, and in the 
 event of said city becoming liable for 
 the indebtedness of any such munici¬ 
 pal corporations, may become in¬ 
 debted to an amount (including its 
 existing indebtedness and the indebt¬ 
 edness of all municipal corporations 
 lying wholly within the limits of said 
 city, and said city’s proportionate 
 share of the indebtedness of the 
 County of Cook, the Forest Preserve 
 District of Cook County, and the 
 Sanitary District of Chicago) in the 
 aggregate not exceeding 5 per centum 
 of the full value of the taxable prop¬ 
 erty within its limits as ascertained 
 by the last assessment for State and 
 county taxes previous to the incur¬ 
 ring of such indebtedness, but no new 
 bonded indebtedness (other than for 
 refunding purposes) shall be in¬ 
 curred until the proposition therefor 
 shall be consented to by a majority 
 of the legal voters of said city voting 
 upon the question. The city’s pro¬ 
 portionate share of the indebtedness 
 of the County of Cook and of other 
 municipal corporations herein named 
 shall bear the same ratio of the en¬ 
 tire indebtedness thereof as the value 
 of the taxable property of such mu¬ 
 nicipal corporations within the city 
 bears to the value of the entire tax¬ 
 able property of such municipal cor 
 porations as ascertained by the last 
 assessment for State and county pur¬ 
 poses. 
 
 Section 14. The General Assembly 
 may provide other methods for con¬ 
 solidating local authorities with Ihe 
 City of Chicago, subject to its con¬ 
 sent. 
 
 Section 15. After any consolida¬ 
 tion authorized by this article has 
 taken effect, the City of Chicago may 
 become indebted in the aggregate 
 up to 5 per cent of the full value 
 of the taxable property therein as 
 ascertained by the last assessment 
 for State and county taxes previous 
 to incurring the debt. In computing 
 such aggregate amount there shall 
 be included the existing indebted¬ 
 ness of the city, and of all munici¬ 
 pal corporations within the city, and 
 also the city’s proportionate share 
 (determined according to valuation 
 of taxable property) of the existing 
 indebtedness of all municipal corpo¬ 
 rations partly within and partly 
 without the city. 
 
 Suggested as a Substitute for 
 Section 15. 
 
 The City of Chicago may become 
 indebted in the aggregate up tc 5 
 per cent of the full value of the tax¬ 
 able property therein as ascertained 
 by the lost assessment for State and 
 county taxes previous to incurring 
 the debt. In computing such aggre¬ 
 gate amount there shall be included 
 in the indebtedness of the city, the 
 then existing indebtedness of all mu¬ 
 nicipal corporations within the city, 
 and the city’s proportionate share 
 (determined according to valuation 
 of taxable property) of the then ex¬ 
 isting indebtedness of all municipal 
 corporations (except the County of 
 Cook) partly within and partly with¬ 
 out the city. No municipal corpora¬ 
 tion wholly or partly within the city 
 (except the County of Cook) shall 
 
656 
 
 JOURNAL OF THE 
 
 i 
 
 Section 16. No municipal corpora¬ 
 tion hereafter created within the 
 County of Cook having territory cov¬ 
 ering the. territory of the City of 
 Chicago or any part thereof shall be 
 allowed to become indebted otherwise 
 than to the extent of its current an¬ 
 nual revenues. 
 
 Section 17. Subject to sections 8, 
 9, 10, 11 and 12 of the revenue arti¬ 
 cle, the General Assembly shall have 
 power to permit the City of Chicago 
 after the consolidation with said city 
 of all of the municipal corporations 
 lying wholly or partly within said 
 city, to become indebted to an amount 
 to be fixed by it in the aggregate ex¬ 
 ceeding the limit prescribed by this 
 Constitution, but such action of the 
 General Assembly shall not become 
 effective until approved by an ordi¬ 
 nance of the legislative authority of 
 the city agreed to by two-thirds vote 
 of its full membership and by a fa¬ 
 vorable vote of three-fifths of the vot¬ 
 ers of the city voting upon the ques¬ 
 tion. 
 
 Such an ordinance shall not be 
 adopted oftener than once in ten 
 years and the maximum limit of in¬ 
 debtedness, when so extended, shall 
 never exceed 10 per cent of the full 
 value of the taxable property within 
 the corporate limits of the City of 
 Chicago as ascertained by the last 
 assessment for State and county 
 taxes. 
 
 Such an ordinance if rejected shall 
 not he resubmitted within two years 
 from the date of such original sub¬ 
 mission. 
 
 The limit of special indebtedness 
 made possible under sections 9, 10 
 and 11 of the revenue article shall in 
 no case be increased under the pro¬ 
 visions of this section. 
 
 [May 2, 
 
 nereafter have its indebtedness in¬ 
 creased without the city’s consent. 
 
 Section 15%. The City of Chicago 
 shall incur no new bonded indebted¬ 
 ness (except for refunding purposes) 
 without the approval at an election 
 of a majority of those voting on the 
 question. 
 
 Section 16. No municipal corpora¬ 
 tion hereafter created covering any 
 part of the territory of the City of 
 Chicago shall become indebted be¬ 
 yond the amount of its current an¬ 
 nual revenues. 
 
 Section 17. After consolidation 
 with the City of Chicago of all local 
 authorities (other than the County 
 of Cook) lying wholly or partly with¬ 
 in the city, the General Assembly 
 may authorize the city to become 
 indebted, in addition to the debt limit 
 prescribed elsewhere in this Consti¬ 
 tution, up to 10 per cent of the full 
 value of all taxable property in the 
 city as ascertained by the last assess¬ 
 ment for State and county taxes Any 
 increase of the debt limit authorized 
 by this section shall further require 
 an ordinance passed by two-thirds of 
 those elected to the Legislative Au¬ 
 thority of the City and approved at 
 an election by three-fifths of those 
 voting on the question. No such in¬ 
 crease shall be authorized oftener 
 than once in ten years and the ap¬ 
 proving ordinance if rejected at the 
 election shall not be resubmitted 
 within two years. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, Chairman, 
 Thos. Rinaker, 
 
 Charles B. T. Moore, 
 
 George A. Barr, 
 
 Edward H. Brewster. 
 
\ 
 
 1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 657 
 
 The report of the Committee was ordered printed and the proposal 
 
 placed on the order of second reading. 
 
 Mr. Carlstrom gave notice that on the next Convention day he 
 wonld move to reconsider the vote by which Pepoit No. 14 had failed to 
 
 ^ Mr. Mayer moved to reconsider the vote by which section 8, of Ke- 
 port No. 15 was adopted, and that further consideration of the motion 
 to reconsider be postponed. 
 
 And the motion was lost. 
 
 Mr. Hamill moved to lay the motion to reconsider on the table. 
 And the motion prevailed. 
 
 Mr. Mack offered the following amendment to Pule 29, which was 
 
 ordered to lie on the table until tomorrow: 
 
 Amend Rule 29 of this Convention so that the same reads as follows: 
 
 “No delegate shall speak more than once nor more than ten minutes on 
 the same question without leave of the Convention unless he be the mover of 
 the matter pending or chairman of the committee which reported the same 
 in which case he shall he privileged to close the debate eyen though he may 
 have already, spoken or the previous question have been oraered but m 
 closing said debate not more than five minutes shall be occupied. 
 
 The Convention proceeding npon the consideration of Report No. 
 18, of the Committee on Phraseology and Style, on the subject of Judi¬ 
 cial Department, the same was again taken up. 
 
 Whereupon Mr. DeYoung moved that the report of the Committee 
 of the Whole be substituted in its entirety for the report of the Com¬ 
 mittee on Phraseology and Style. 
 
 And the motion prevailed. 
 
 Section 1, of the report of the Committee of the Whole, was taken 
 
 up and read at large. . 
 
 Pending discussion, on motion of Mr. DeToung, further consideia- 
 
 tion of section 1 was postponed. 
 
 Section 2, of the report of the Committee of the Whole, was taken 
 
 up and read at large. ' _ , ,, * 
 
 Whereupon Mr. DeYoung offered the following as a substitute tor 
 
 section 2, and moved its adoption; 
 
 Amend section 2 by substituting therefor the following: 
 
 “Section 2. The power to prescribe rules of pleading, practice anc pr - 
 cedure shall be vested exclusively in the courts; provided, that the General 
 Assembly may, by special law limited to that- purpose, set aside or abrogate 
 
 any rule prescribed by any court. 
 
 And the substitute for section 2 was adopted. . 
 
 The question then being on the adoption of section 2, as amended, 
 a call of the roll was had, resulting as follows; Yeas, 79; nays, 1. 
 
 —42 C J 
 
658 
 
 JOURNAL OF THE 
 
 [May 2 , 
 
 Those voting in the affirmative are 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupee, E. H, 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Kunde 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 Mayer 
 
 McEwen 
 
 Messrs. 
 
 McGuire 
 
 Michal 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—79. 
 
 Those voting in the negative are: Messrs. 
 
 Taff ^ Nays—1. 
 
 Section 2 , having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Pule 20. 
 Section 3, of the report of the Committee of the Whole, was taken 
 
 up and read at large. 
 
 Pending roll call Mr. DeYoung moved that further consideration 
 of section 3 be postponed. 
 
 And the motion prevailed. 
 
 Section 4, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 4, and moved its adoption: 
 
 Amend section 4 by substituting therefor as follows: 
 
 “Section 4. The Supreme Court shall sit at the seat of government of 
 the State and shall hold such sessions as may be necessary for the prompt 
 and proper transaction of the business which may come before it.” 
 
 And the substitute for section 4 was adopted. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 
 tion : 
 
 Amendment No. 1. 
 
 Amend section 4, as amended, by striking out all of the section after 
 the word “State” in line 2. 
 
 And the amendment was lost. 
 
 Mr. Mayer offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 2. 
 
 Amend section 4, as amended, by striking out the words “such as may be 
 necessary” and inserting in lieu thereof the words, at least fi\e sessions 
 annually.” 
 
 And the amendment was lost. 
 
 Mr. Taff offered the following amendment and moved its adoption: 
 
 Amendment No. 3. 
 
 Amend section 4. as amended, by substituting therefor the first sentence 
 of section 4, of the report of the Committee on Phraseology and Style. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 659 
 
 And the amendment was lost. 
 
 Mr. DeYoung moved to reconsider the vote by which Amendment 
 No. 1, offered by Mr. Hamill, was lost. 
 
 The motion prevailed. 
 
 And Amendment No. 1 was again taken up. 
 
 The question being on the adoption of Amendment No. 1, it was 
 decided in the affirmative. 
 
 The question then being on the adoption of section 4, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 83; nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dietz 
 
 Hollenbeck 
 
 Michal 
 
 Smith 
 
 Adamkiewicz 
 
 Dryer 
 
 Hull 
 
 Mighell 
 
 Sneed 
 
 Barr 
 
 Dunlap 
 
 Iarussi 
 
 Miller 
 
 Stahl 
 
 Beckman 
 
 Dupee, E. H. 
 
 Ireland 
 
 Mills 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jack 
 
 Moore 
 
 Taff 
 
 Brenholt 
 
 Elting 
 
 Jarman 
 
 Morris 
 
 Tebbens 
 
 Brewster 
 
 Fifer 
 
 Johnson, L. C. 
 
 Nichols 
 
 Torrance 
 
 Carlstrom 
 
 Gale 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Traeger 
 
 Catron 
 
 Ganschow 
 
 Kerrick 
 
 Paddock 
 
 Trautmann 
 
 x Chew 
 
 Garretts 
 
 Kunde 
 
 Parker 
 
 Wall 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Pinnell 
 
 Warren 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Quinn 
 
 Wilson 
 
 Corlett 
 
 • Goodyear 
 
 Lindly 
 
 Revell 
 
 Wolff 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 Panaker 
 
 Woodward 
 
 Cutting; 
 
 Green 
 
 Mayer 
 
 Rosenberg 
 
 Mr. President 
 
 Dawes 
 
 Hamill 
 
 McEwen 
 
 Shanahan 
 
 Yeas—8 
 
 De Young 
 
 Hogan 
 
 McGuire 
 
 Shuey 
 
 Nays— 1 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Rule 20. 
 
 By unanimous consent, on motion of Mr. DeYoung, consideration 
 of sections 5, 6 and 7, of the report of the Committee of the Whole, was 
 postponed. 
 
 Section 8, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. Taff moved that section 3, of the report of the 
 Committee on Phraseology and Style, be substituted for section 8, of the 
 report of the Committee of the Whole. 
 
 And the motion prevailed. 
 
 Pending roll call, on motion of Mr. Cutting, further consideration 
 of section 8 was postponed. 
 
 Section 9, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 77; nays, 0. 
 
660 
 
 JOURNAL OF THE 
 
 [May 2, 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dietz 
 
 Hull 
 
 Mighell 
 
 Sneed 
 
 Adamkiewicz 
 
 Dryer 
 
 Iarussi 
 
 Miller 
 
 Stahl 
 
 Barr 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Sutherland 
 
 Beckman 
 
 Dupee, E. H. 
 
 Jarman 
 
 Moore 
 
 Taff 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, D. C. 
 
 Morris 
 
 Tebbens 
 
 Brenholt 
 
 El ting 
 
 Johnson, W. A. 
 
 Nichols 
 
 Torrance 
 
 Brewster 
 
 Fifer 
 
 Kerrick 
 
 Parker 
 
 Traeger 
 
 Carlstrom 
 
 Gale 
 
 Latchford 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Ganschow 
 
 Lill 
 
 Quinn 
 
 Wall 
 
 Chew 
 
 Garretti 
 
 Lindly 
 
 Revell 
 
 Warren 
 
 Clarke 
 
 Gee 
 
 Mack 
 
 Rinaker 
 
 Wilson 
 
 Coolley 
 
 Gilbert 
 
 Mayer 
 
 Rosenberg 
 
 Wolff 
 
 Corlett 
 
 Goodyear . 
 
 McEwen 
 
 Shanahan 
 
 Woodward 
 
 Cutting 
 
 Gray 
 
 McGuire 
 
 Shuey 
 
 Mr. President 
 
 Dawes 
 
 De Young 
 
 Hamill 
 
 Hollenbeck 
 
 Michal 
 
 Smith 
 
 Yeas— 
 Nays- 
 
 Section 9, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Rule 20. 
 
 Section 10, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 10, and moved its adoption: 
 
 Amend section 10 by substituting therefor the following: 
 
 “Section 10. There shall he four Appellate Courts of uniform jurisdic¬ 
 tion which shall be known respectively as the Appellate Court for the First 
 District, the Appellate Court for the Second District, the Appellate Court for 
 the Third District and the Appellate Court for the Fourth District. Said 
 districts shall remain as now constituted, and said courts shall sit at the 
 respective places now fixed, until otherwise provided by law. Each of said 
 Appellate Courts shall consist of three judges and shall have such number 
 of branches of three judges each, as the Supreme Court may from time to 
 time determine. Such branch courts shall have the same jurisdiction, powers 
 and duties as, and the judges thereof the same qualifications as the judges 
 of, the Appellate Courts. Said courts and branches shall sit as may be 
 directed by the Supreme Court.” 
 
 And the substitute for section 10 was adopted. 
 
 Mr. Taff moved that further consideration of section 10 be post 
 
 poned. 
 
 And the motion was lost. 
 
 Pending further consideration, at the hour of 5 :50 o’clock p. m v 
 Mr. Miller moved that the Convention do now adjourn until 9 :00 o’clock 
 
 a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 661 
 
 WEDNESDAY, MAY 3, 1922, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. Lewis B. Landreth, of the Immacu¬ 
 late Conception Church, of Carthage. 
 
 The Journal of Monday, May 1st, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken 
 up and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25th, the Secre¬ 
 tary called the roll of the Convention, which resulted as follows: Pres¬ 
 ent, 84. 
 
 Those voting present are: Messrs. 
 
 Adams 
 
 De Young 
 
 Hollenbeck 
 
 Michal 
 
 Shuey 
 
 Adamkiewicz 
 
 Dietz 
 
 Hull 
 
 Mighell 
 
 Six 
 
 Barr 
 
 Dryer 
 
 Iarussi 
 
 Miller 
 
 Smith 
 
 Beckman 
 
 Dunlap 
 
 Ireland 
 
 Mills 
 
 Sneed 
 
 Brandon 
 
 Dupee, E. H. 
 
 Jack 
 
 Moore 
 
 Stahl 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Morris 
 
 Sutherland 
 
 Brewster 
 
 F'ifer 
 
 Johnson, L. C. 
 
 Nichols 
 
 Taff 
 
 Carlstrom 
 
 Gale 
 
 Kerrick 
 
 O’Brien 
 
 Tebbens 
 
 Catron 
 
 Ganschow 
 
 Kunde 
 
 Paddock 
 
 Torrance 
 
 Chew 
 
 Garrett 
 
 Latchford 
 
 Parker 
 
 Traeger 
 
 Clarke 
 
 Gee 
 
 mm 
 
 Pincus 
 
 Trautmann 
 
 Coolley 
 
 Gilbert 
 
 Lindly 
 
 Pinnell 
 
 Wall 
 
 Corlett 
 
 Goodyear 
 
 Mack 
 
 Quinn 
 
 Warren 
 
 Cruden 
 
 Gray 
 
 Mayer 
 
 Revell 
 
 Wilson 
 
 Cutting 
 
 Green 
 
 McEwen 
 
 Rinaker 
 
 Woodward 
 
 Davis 
 
 Hamill 
 
 McGuire 
 
 Rosenberg 
 
 Mr. President 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 Shanahan 
 
 Present— 
 
 By unanimous consent Mr. Elting was excused from attendance at 
 the sessions of the Convention today. 
 
 By unanimous consent Mr. W. A. Johnson was excused from attend¬ 
 ance at the sessions of the Convention today. 
 
 Mr. Carlstrom, in accordance with his notice of yesterday, moved 
 to reconsider the vote by which Report No. 14, of the Committee on 
 Phraseology and Style, had failed to pass, and that further considera¬ 
 tion of the motion to reconsider be postponed. 
 
 And the motion prevailed. 
 
 The President called up the amendment to Rule 29, offered by Mr. 
 Mack on yesterday. 
 
 Pending discussion Mr. Sutherland moved the previous question. 
 
 And the question being, “Shall the main question be now put?” 
 it was decided in the affirmative. 
 
 The question then being on the adoption of the amendment to Rule 
 29, a call of the roll was had, resulting as follows: Yeas, 59; nays, 14. 
 
662 
 
 JOURNAL OF THE 
 
 [May 3, 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Adams 
 
 Gale 
 
 Ireland 
 
 Barr 
 
 Ganschow 
 
 Jack 
 
 Brandon 
 
 Garrett 
 
 J arman 
 
 Brenholt 
 
 Gee 
 
 Johnson, Li. C. 
 
 Carlstrom 
 
 Gilbert 
 
 Kunde 
 
 Chew 
 
 Goodyear 
 
 Latchford 
 
 Clarke 
 
 Gray 
 
 Mack 
 
 Davis 
 
 Green 
 
 McGuire 
 
 Dawes 
 
 Hamill 
 
 Meinert 
 
 Dietz 
 
 Hogan 
 
 Mighell 
 
 Dryer 
 
 Hollenbeck 
 
 Miller 
 
 Du'pee, E. H. 
 
 Iarussi 
 
 Mills 
 
 Messrs. 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—59. 
 
 Adamkiewicz 
 Brewster 
 Corlett 
 
 Cutting 
 De Young 
 Dunlap 
 
 Dupuy, G. A. Mayer Rinaker 
 
 Flfer McEwen Torrance 
 
 L Hull Pincus Nays—14. 
 
 The amendment, having received the votes of a majority of the 
 
 Delegates elected, was adopted. . 
 
 Mr. Brandon moved to reconsider the vote by which section 9, of 
 
 Beport No. 18, was adopted on yesterday. 
 
 And the motion prevailed. 
 
 Whereupon Mr. Brandon moved that further consideration of sec¬ 
 tion 9 be postponed. 
 
 And the motion prevailed. 
 
 The pending question at the hour of adjournment on yesterday 
 being the consideration of section 10, of Beport No. 18, the same was 
 
 again taken up. . , . * 
 
 Pending discussion, by unanimous consent, further consideration ol 
 
 section 10 was postponed. . 
 
 By unanimous consent, consideration of sections 11 and 12, ol 
 
 report of the Committee of the Whole, was postponed. 
 
 Section 13, of the report of the Committee of the Whole, was taken 
 
 up and read at large. , j. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 13, and moved its adoption: 
 
 Amend section 13 by substituting therefor the following: 
 
 “Section 13. The judges of the Appellate Court and branch or branches, 
 if any for each district, shall appoint a clerk of the court for such district, 
 who shall hold his office for six years, subject to removal by said judges 
 
 And the substitute for section 13 was adopted. 
 
 Mr. Hull offered the following amendment and moved its adoption: 
 
 Amendment No. 4. 
 
 Amend section 13 of the Judicial Article by adding thereto the follow- 
 
 in§ “Provided that the Appellate Clerks holding office at the time this 
 Constitution goes into effect shall hold office until the expiration of the 
 terms of office to which they have been elected. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 13, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 62; nays, 15. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 G63 
 
 Those voting in the affirmative are: 
 
 Adams 
 
 Barr 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Fifer 
 
 Gale 
 
 Garrett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Kerrick 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 Mayer 
 
 McEwen 
 
 McGuire 
 
 Messrs. 
 
 Mig'hell 
 Miller 
 Mills 
 Moore 
 Nichols 
 Paddock 
 Parker 
 Pinnell 
 Revell 
 Rinaker 
 Shanahan 
 Shuey 
 
 Messrs. 
 
 O’Brien 
 
 Pincus 
 
 Rosenberg 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—62. 
 
 Tebbens 
 
 Traeger 
 
 De Young 
 
 Those voting in the negative are: 
 
 Adamkiewicz Dietz Kunde 
 
 Brandon Ganschow Datchlord 
 
 Brenholt Iarussi Michal --- Nays—15. 
 
 Section 13., having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to t re 
 Committee on Phraseology and Style for action, as provided by Mule 20. 
 Section 14, of the report of the Committee of the Whole, was taken 
 
 up and read at large. n A 
 
 Whereupon Mr. DeYoung offered the following amendment and 
 
 moved its adoption: 
 
 Amendment No. 5. 
 
 i 
 
 Amend. section 14 by striking out the words and figures “May A. D. 
 1922” and inserting in lieu thereof the words and figures November A. D.. 
 
 1927.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 14, as amended, 
 a call of the roll was had, resulting as follows: Yeas, SO; nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Dietz Iarussi 
 
 Dryer Ireland 
 
 Jack 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Dunlap 
 Dupuy, G. A. 
 Fifer 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Jarman 
 
 Johnson, L. C. 
 
 Kerrick 
 
 Kunde 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 Mayer 
 
 McEwen 
 
 McGuire 
 
 Michal 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 .Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Y eas—80. 
 
 Nays—0. 
 
 Section 14, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 Section 15, of the report of the Committee of the Whole, was taken 
 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 15, and moved its adoption: 
 
 Amend section 15 by substituting therefor the following: 
 
 “Section 15. The Circuit Courts, other than the Circuit Court ot Cook 
 County, shall have original jurisdiction of all causes at law and in equity, 
 and such other jurisdiction as is or may be provided by law.” 
 
664 
 
 JOURNAL OF THE 
 
 [May 3, 
 
 And the substitute for section 15 was adopted. _ 
 
 The question then being on the adoption of section 3 5, as amended, 
 
 0 • 
 
 a call of the roll was had, resulting as follows: Yeas, 79; nays 
 
 Those voting in the affirmative are: 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Fifer 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Iarussi 
 Ireland 
 Jack 
 Jarman 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Latchford 
 Lill 
 Lindly 
 Mack 
 Mayer 
 McEwen 
 McGuire 
 Michal 
 Mighell 
 
 Messrs. 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 O'Brien 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—79. 
 
 Nays—0. 
 
 Section 15, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided b} Pule . 
 Section 16, of the report of the Committee of the Whole, was taken 
 
 up a ^ d R ^ e ^^gtton being on the adoption of the section, a call of the 
 
 roll was had, resulting as follows: Yeas, 79; nays, 0 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 Cutting 
 Davis 
 
 'd 
 Dawes 
 De Y'oung 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Fifer 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 Hollenbeck 
 Hull 
 Iarussi 
 Ireland 
 Jack 
 Jarman 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Latchford 
 Lill 
 Lindly 
 Mack 
 Mayer 
 McEwen 
 
 McGuire 
 
 Michal 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Pinnell 
 
 Revell 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 W arren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—79. 
 
 Nays—0. 
 
 Section 16. having received the votes of a majority of the Delegates 
 elected was declared passed, and, under the rules, was re-referred to the 
 
 Committee on Phraseology and Style for action, as ws laken 
 
 Section IT, of the report of the Committee of the Whole, was taken 
 
 up and read aUarge. ^ ^ ^ adoptk)I1 of the section, a call of the 
 
 roll was had, resulting as follows: Yeas, 80; na} s, . 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 665 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 ng in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Dietz 
 
 Hull 
 
 Michal 
 
 Shuey 
 
 Dryer 
 
 Iarussi 
 
 Mighell 
 
 Six 
 
 Dunlap 
 
 Ireland 
 
 Miller 
 
 Smith 
 
 Dupuy, G. A. 
 
 Jack 
 
 Mills 
 
 Sneed 
 
 Fifer 
 
 Jarman 
 
 Moore 
 
 Stahl 
 
 Gale 
 
 Johnson, L. C. 
 
 Morris 
 
 Sutherland 
 
 Ganschow 
 
 Kerrick 
 
 Nichols 
 
 Taff 
 
 Garrett 
 
 Kunde 
 
 O’Brien 
 
 Torrance 
 
 Gee 
 
 Latchford 
 
 Paddock 
 
 Traeger 
 
 Gilbert 
 
 Lill 
 
 Parker 
 
 Trautmann 
 
 Goodyear 
 
 Lindly 
 
 Pinnell 
 
 Wall 
 
 Gray 
 
 Mack 
 
 Quinn 
 
 Warren 
 
 Green 
 
 Mayer 
 
 Re veil 
 
 Wilson 
 
 Hamill 
 
 McEwen 
 
 Rinaker 
 
 Woodward 
 
 Hogan 
 
 McGuire 
 
 Rosenberg 
 
 Mr. President 
 
 Hollenbeck 
 
 Meinert 
 
 Shanahan 
 
 Yeas— 
 Nays— 
 
 Section 17, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Section IS, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 80; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dietz 
 
 Adamkiewicz 
 
 Dryer 
 
 Barr 
 
 Dunlap 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Brandon 
 
 Fifer 
 
 Brenholt 
 
 Gale 
 
 Brewster 
 
 Ganschow 
 
 Carlstrom 
 
 Garrett 
 
 Catron 
 
 Gee 
 
 Chew 
 
 Gilbert 
 
 Clarke 
 
 Goodyear 
 
 Cooliey 
 
 Gray 
 
 Corlett 
 
 Green 
 
 Cutting 
 
 Hamill 
 
 Davis 
 
 Hogan 
 
 Dawes 
 
 Hollenbeck 
 
 De Young 
 
 
 Hull 
 
 Michal 
 
 Iarussi 
 
 Mighell 
 
 Ireland 
 
 Miller 
 
 Jack 
 
 Mills 
 
 Jarman 
 
 Moore 
 
 Johnson, L. C. 
 
 Morris 
 
 Kerrick 
 
 Nichols 
 
 Kunde 
 
 O’Brien 
 
 Latchford 
 
 Paddock 
 
 Lill 
 
 Parker 
 
 Lindly 
 
 Pinnell 
 
 Mack 
 
 Quinn 
 
 Mayer 
 
 Revell 
 
 McEwen 
 
 Rinaker 
 
 McGuire 
 
 Rosenberg 
 
 Meinert 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—80. 
 Nays—0. 
 
 Section 18, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 Section 19, of the report of the Committee of the Whole, was taken 
 
 up and read at large. . 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 19, and moved its adoption: 
 
 Amend section 19 by substituting therefor the following: 
 
 “Section 19. The Circuit Court shall sit at the county seat of each 
 county and, outside of Cook County, in all cities other than count\ seats, 
 which have a population exceeding fifty thousand inhabitants. The pudges 
 of the circuit, or a majority of them, may provide for holding sessions of 
 said court in any city or part of a city, within the circuit, which is not a 
 county seat or part thereof, whose population exceeds five thousand. All 
 such cities, other than county seats, shall provide suitable quarters for 
 holding court, without expense to the county or the State.” 
 
 And the substitute for section 19 was adopted. 
 
 Mr. Green offered the following amendment and moved its adop¬ 
 
 tion : 
 
666 
 
 JOURNAL OF THE 
 
 [May 3, 
 
 Amendment No. 6. 
 
 Amend section 19, as amended, by striking out of the last sentence there¬ 
 of the following: “without expense to the county or the State.” 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 19, as amended, 
 a call of the roll was had, resulting as follows: l r eas, 80; nays, 1. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 Rosenberg 
 
 Adamkiewicz 
 
 De Young 
 
 Hull 
 
 Michal 
 
 Shanahan 
 
 Barr 
 
 Dietz 
 
 Iarussi 
 
 Mighell 
 
 Shuey 
 
 Beckman 
 
 Dryer y 
 
 Ireland 
 
 Miller 
 
 Six 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Smith 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Moore 
 
 Sneed 
 
 Brewster 
 
 F'ifer 
 
 Johnson, L. C. 
 
 Morris 
 
 Stahl 
 
 Carlstrom 
 
 Gale 
 
 Kerrick 
 
 Nichols 
 
 Sutherland 
 
 Catron 
 
 Ganschow 
 
 Kunde 
 
 O’Brien 
 
 Taff 
 
 Chew 
 
 Garrett 
 
 Latchford 
 
 Paddock 
 
 Tebbens 
 
 Clarke 
 
 Gee 
 
 Lill 
 
 Parker 
 
 Torrance 
 
 Coolley 
 
 Gilbert 
 
 Lindly 
 
 Pincus 
 
 Traeger 
 
 Corlett 
 
 Goodyear 
 
 Mack 
 
 Pinnell 
 
 Trautmann 
 
 Cruden 
 
 Gray 
 
 Mayer 
 
 Quinn 
 
 Wall 
 
 Cutting 
 
 Green 
 
 McEwen 
 
 Revell 
 
 Woodward 
 
 Davis 
 
 Hamill 
 
 McGuire 
 
 Rinaker 
 
 Mr. President 
 
 Yeas—80. 
 
 Those voting in the negative are: Messrs. 
 
 Hollenbeck Nays—1. 
 
 Section 19, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Mr. Green gave notice that on the next Convention day he would 
 move to reconsider the vote by which section 19 was adopted. 
 
 Section 20, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 20, and moved its adoption: 
 
 Amend section 20 by substituting therefor the following: 
 
 “Section 20. The County Court of each county, other than Cook, is 
 hereby continued and on the first Monday of December A. D. 1923, the 
 County and Probate Courts in each county, other than Cook, where both 
 courts exist, shall be consolidated into one court of record to be known 
 as the County Court.” 
 
 And the substitute for section 20 was adopted. 
 
 The question then being on the adoption of section 20, as amended. 
 
 a call of the roll was had, resulting as follows: Yeas, 83; nays, 0. 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 De Young 
 
 Hull 
 
 Mighell 
 
 Six 
 
 Adamkiewicz 
 
 Dietz 
 
 Iarussi 
 
 Miller 
 
 Smith 
 
 Barr 
 
 Dryer 
 
 Ireland 
 
 Mills 
 
 Sneed 
 
 Beckman 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Stahl 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Morris 
 
 Sutherland 
 
 Brenholt 
 
 F'ifer 
 
 Johnson, L. C. 
 
 Nichols 
 
 Taff 
 
 Brewster 
 
 Gale 
 
 Kerrick 
 
 O’Brien 
 
 Tebbens 
 
 Carlstrom 
 
 Ganschow 
 
 Kunde 
 
 Paddock 
 
 Torrance 
 
 Catron 
 
 Garrett 
 
 Latchford 
 
 Parker 
 
 Traeger 
 
 Chew 
 
 Gee 
 
 Lill 
 
 Pincus 
 
 Trautmann 
 
 Clarke 
 
 Gilbert 
 
 Lindly 
 
 Pinnell 
 
 Wall 
 
 Coolley 
 
 Goodyear 
 
 Mack 
 
 Quinn 
 
 Warren 
 
 Corlett 
 
 Gray 
 
 Mayer 
 
 Revell 
 
 Wilson 
 
 Cruden 
 
 Green 
 
 McEwen 
 
 Rinaker 
 
 Woodward 
 
 Cutting 
 
 Hamill 
 
 McGuire 
 
 Rosenberg 
 
 Mr. President 
 
 Davis 
 
 Hogan 
 
 Meinert 
 
 Shanahan 
 
 Yeas—83. 
 
 Dawes 
 
 Hollenbeck 
 
 Michal 
 
 Shuey 
 
 Nays—0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 667 
 
 Section 20, having received the votes of a majority of the Delegates 
 elected was declared passed, and, under the rules, was re-referred to t 
 
 Committee on Phraseology and Style for action, as wm teS 
 Section 21, of the report of the Committee of the Whole, was taken 
 
 UP "whereupon Mr .^DeYoung offered the following as a substitute for 
 qppfion 21 and moved its adoption: 
 
 Amenct section 21 , y — tin, of ai, mat- 
 
 ters o^prhbate*. g^rardianshiin^onservatorshm ^nd 
 
 ministration and settlement of estates otjgaugA concurrent juris- 
 
 for the sale of real estate 1 testamentary trusts, construction of wills 
 diction with the Circuit Gomts , , ttie settlement of estates; 
 
 and partition of real estate where e nts and for the collection 
 
 all proceedings relating to taxes " from justices of peace; criminal 
 
 ■■ >• - ~ 
 
 provided by general law. 
 
 A n d the substitute for section 21 was adopted. 
 
 Mr. Adams offered the following amendment and moved its adop- 
 
 tion: 
 
 Amendment No. 7. 
 
 Amend section 21 by striking therefrom the word '‘exclusive" where it 
 last appears in the section. 
 
 And the amendment was lost. <• 
 
 Mr. Gee ofEered the following amendment and moved its adoption. 
 
 Amendment No. 8. 
 
 word A s me ‘‘commo°n n ial ca^s^^'confraciu where Uie sum'Involved does not 
 exceed two thousand dollars exclusive of interest and costs. 
 
 Anri the amendment was lost. . . 
 
 The question then being on the adoption of sectional, as amended, 
 
 X HvJ M UCO tIvJ-J. O _ , , a ^ 
 
 a call of the roll was had, resulting as follows: leas, 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 Cutting 
 Davis 
 
 Dawes 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Fifer 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 Iarussi 
 Ireland 
 Jack 
 J arman 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Datchford 
 Lill 
 Mack 
 Mayer 
 McEwen 
 McGuire 
 Meinert 
 Michal 
 
 Those voting in the negative are: 
 
 Gee 
 
 Answering present but not voting. 
 Dupuy, G. A. 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Messrs. 
 
 Mr. 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—79. 
 
 Nays—1. 
 
 Present—1. 
 
668 
 
 JOURNAL OF THE 
 
 [May 3, 
 
 Section 21, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style tor action, as promded bj Pule 20. 
 
 At the hour of 12:40 o’clock p. m., Mr. Cutting moved that the 
 Convention do now take a recess until 2 :00 o clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o'Clock P. M. 
 
 The hour of 2:00 o’clock p. m. having arrived, the Convention 
 
 resumed its session. 
 
 The President presiding. 
 
 Section 22, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 22, and moved its adoption: 
 
 Amend section 22 by substituting therefor the following: 
 
 “Section 22. The judges of the County and Probate Courts in counties 
 other than Cook, in office on the first Monday of December, A. D. 1923 sha11 
 be judges of said consolidated court, and shall continue to hold office ouring 
 the terms for which they were elected, and until their successors are electea 
 and shall qualify. The term of office of judges of County Courts elected 
 after the year A. D. 1922, other than judges elected or appointed to fill un¬ 
 expired terms, shall be six years from the day of their election. At the 
 annual election in November A. D. 1927, and at the annual election every six 
 vears thereafter, in counties other than Cook, there shall be elected in and 
 for each county one judge of the County Court and an additional jud s e foi 
 everv fifty thousand inhabitants therein, or major portion thereof, above a 
 population of fifty thousand. But the General Assembly may create districts 
 of two or more contiguous counties, in each of vhich distiicts snail be 
 elected one judge who shall take the place and exercise the powers and 
 jurisdiction of judges of the County Courts in such districts. 
 
 And the substitute for section 22 was adopted. 
 
 Mr. Stahl moved to amend section 22, as amended, by striking out 
 the word “six” -and substituting therefor the word “four.” 
 
 And the motion was lost. 
 
 The cjuestion then being on the adoption of section 22, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 73; nays, 5. 
 
 Messrs. 
 
 Those voting in the affirmative are: 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Chew 
 Clarke 
 Corlett 
 Cruden 
 Cutting 
 Davis 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Ireland 
 
 Jack 
 
 Johnson, L. C. 
 Kunde 
 Latchford 
 Lill 
 Lindly 
 Mack 
 Mayer 
 McEwen 
 McGuire 
 Meinert 
 
 Michal 
 
 Mighell 
 
 Miller 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Pincus 
 
 Quinn 
 
 Revell 
 
 Rlnaker 
 
 Rosenberg 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taffi 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—73. 
 
 Those voting in the negative are: 
 
 Coolley 
 
 Jarman 
 
 Kerrick 
 
 Messrs. 
 
 Mills 
 
 Stahl 
 
 Nays—5. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 669 
 
 Section 22, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 
 Committee on Phraseology and Style for action, ^ 
 
 Section 23, of the report of the Committee of the Whole, was take 
 
 ^ Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 23, and moved its adoption. . 
 
 Amend section 23 by substituting therefor the following: 
 
 ^Section 23. The > <££ sba™ jaunty 
 
 Which have ’a°population exceeding twenty thousand inbabltan ^ whenever 
 such cities, other than county seats, shall provide | ultable 0 q untv courts 
 holding court, without expense to the county or the sta ‘ e ;, 
 shall always be open for the transaction of business and the first ^n y 
 ol each month shall be the return day for process or appeal to said couits. 
 
 And the substitute for section 23 was adopted. 
 
 The question then being on the adoption of section 2o, as amende , 
 a call of the roll was had, resulting as follows: Teas, <3; na}h, o. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adamkiewicz 
 Barr 
 Beckman 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Corlett 
 Cruden 
 Cutting 
 Davis 
 Dawes 
 De Young 
 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Those voting in the 
 
 Hull 
 Iarussi 
 Ireland 
 Jack 
 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Latchford 
 Lill 
 Lindly 
 Mayer 
 McEwen 
 McGuire 
 Meinert 
 Michal 
 
 negative are 
 
 Adams 
 
 Brandon 
 
 Mighell 
 Miller 
 Mills 
 Moore 
 Morris 
 O’Brien 
 Paddock 
 Parker 
 Pincus 
 Pinnell 
 Quinn 
 Revell 
 Rinaker 
 Shanahan 
 
 Messrs. 
 
 Nichols 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—73. 
 
 Taff 
 
 Coolley Nays—5. 
 
 Section 23, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-Tefen-ed to 
 
 Committee on Phraseology and Style for action, as P ri Ahftken 
 Section 24, of the report of the Committee of the W hole, u as taken 
 
 up read Aestion being on the adoption of the section, a call of the 
 
 roll was had, resulting as follows: Yeas, 64; nays, 10. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adamkiewicz 
 Barr 
 Beckman 
 Brenholt 
 Carlstrom 
 
 Catron 
 Clarke 
 Coolley 
 Cruden 
 Cutting 
 Davis 
 Dawes 
 De Young 
 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. 
 F*ifer 
 Garrett 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 
 Jack 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Latchford 
 
 Lill 
 Lindly 
 Mack 
 McEwen 
 McGuire 
 Meinert 
 Michal 
 Mighell 
 
 Those voting in the negative are 
 
 Brewster Gale 'I- ri Z ia i n 
 
 Chew Gee Nichols 
 
 Miller 
 Mills 
 Moore 
 Morris 
 O’Brien 
 Paddock 
 Parker 
 Pincus 
 Revel 1 
 Rinaker 
 Rosenberg 
 Shanahan 
 Shuey 
 
 Messrs. 
 
 Pinnell 
 
 Stahl 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—64. 
 
 Taff 
 
 Warren 
 
 Nays—10. 
 
670 
 
 JOURNAL OF THE 
 
 [May 3, 
 
 Section 21, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Section 25, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, 
 
 resulting as 
 
 follows: Yeas, 
 
 81; nays, 0. 
 
 / - -— 
 
 Those v 
 
 oting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 De Young 1 
 
 Iarussi 
 
 Miller 
 
 Six 
 
 Adamkiewicz 
 
 Dietz 
 
 Jack 
 
 Mills 
 
 Smith 
 
 Barr 
 
 Dryer 
 
 J arman 
 
 Moore 
 
 Sneed 
 
 Beckman 
 
 Dunlap 
 
 Johnson, L. C. Morris 
 
 Stahl 
 
 Brandon 
 
 Dupuy, G. A 
 
 , Kerrick 
 
 Nichols 
 
 Sutherland 
 
 Brenholt 
 
 Fifer 
 
 Kunde 
 
 O’Brien 
 
 Taff 
 
 Brewster 
 
 Gale 
 
 Latchford 
 
 Paddock 
 
 Tebbens 
 
 Carlstrom 
 
 Garrett 
 
 Lill 
 
 Parker 
 
 Torrance 
 
 Catron 
 
 Gee 
 
 Lindly 
 
 Pincus 
 
 Traeger 
 
 Chew 
 
 Gilbert 
 
 Mack 
 
 Pinnell 
 
 Trautmann 
 
 Clarke 
 
 Goodyear 
 
 Mayer 
 
 Quinn 
 
 Wall 
 
 Coolley 
 
 Gray 
 
 McEwen 
 
 Revel 1 
 
 Warren 
 
 Corlett 
 
 Green 
 
 McGuire 
 
 Rinaker 
 
 Wilson 
 
 Cruden 
 
 Hamill 
 
 Meinert 
 
 Rosenberg 
 
 Woodward 
 
 Cutting’ 
 
 Hogan 
 
 Michal 
 
 Shanahan 
 
 Mr. President 
 
 Davis 
 
 Hollenbeck 
 
 Mighell 
 
 Shuey 
 
 Yeas—81. 
 
 Dawes 
 
 Hull 
 
 
 
 Nays—0. 
 
 Section 25, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and St}'le for action, as provided by Pule 20. 
 
 Section 10, of the report of the Committee of the Whole, was again 
 taken up. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 10, and moved its adoption: 
 
 Amend section 10 by substituting therefor the following: 
 
 “Section 10. There shall be four Appellate Courts of uniform jurisdic¬ 
 tion which shall be known respectively as the Appellate Court of the First 
 District, the Appellate Court of the Second District, the Appellate Court of 
 the Third District, and the Appellate Court of the Fourth District. Said 
 districts shall remain as now constituted and said courts shall sit at the 
 respective places now fixed until otherwise provided by law. 
 
 “Each of said Appellate Courts shall consist of three judges, or such 
 multiple of three, as the Supreme Court may from time to time determine. 
 In courts consisting of more than three judges the Supreme Court may 
 assign the judges thereof to divisions of three judges each. Each division 
 shall select a presiding judge thereof and the presiding judges shall appor¬ 
 tion the work of the court among the several divisions and perform such 
 other administrative acts as may be necessary. Said courts shall hold such 
 sessions as may be directed by the Supreme Court.” 
 
 And the substitute for section 10 was adopted. 
 
 The question then being on the adoption of section 10, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 76; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 671 
 
 Those voting in the affirmative are: 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 Cutting 
 Davis 
 
 Dawes 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Fifer 
 Gale 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hamill 
 Hogan 
 
 Hollenbeck 
 Iarussi 
 Jack 
 Jarman 
 Johnson, L. C. 
 Kerrick 
 Latchford 
 Lill 
 Lindly 
 Mack 
 Mayer 
 McEwen 
 McGuire 
 Meinert 
 Michal 
 
 Messrs. 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Revel 1 
 
 Punaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—76. 
 
 Nays—0. 
 
 Section 10, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule D. 
 Section 8, of the report of the Committee of the Y hole, was again 
 
 ta \Vhereupon Mr. Cutting offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 9. 
 
 Amend section 8 after the word “of” in the third line thereof by insert- 
 ino- the words “an accumulation of business” and by inserting after the noid 
 “removed” in the last line of the section the words “or the emergency is 
 
 past.” 
 
 And the amendment was adopted. _ 
 
 The question then being on the adoption of section 8, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 78; nays, 
 
 Those voting in the affirmative are: Messrs. 
 
 Dawes Hull 
 
 De Young Iarussi 
 
 Dietz J a ck 
 
 Jarman 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 Cutting 
 Davis 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Fifer 
 
 Gale 
 
 Garrett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Latchford 
 Lill 
 Lindly 
 Mack 
 Mayer 
 McEwen 
 McGuire 
 Meinert 
 Mighell 
 
 Gee 
 
 Hogan 
 Hollenbeck 
 
 Those voting in the negative are: 
 
 Michal 
 
 Miller 
 Mills 
 Moore 
 Morris 
 Nichols 
 O’Brien 
 Paddock 
 Parker 
 Pincus 
 Pinnell 
 Quinn 
 Revell 
 Rinaker 
 Rosenberg 
 Shanahan 
 
 Messrs: 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—78. 
 
 Nays—2. 
 
 Section 8, having received the votes of a majority ol the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to tie 
 Committee on Phraseology and Style for action, as provided by Rule - X 
 Mr. DeYoung moved to reconsider the vote by which section .s, or 
 
 Deport No. 18, was adopted. 
 
 And the motion prevailed. , 
 
 Mr. DeYoung thereupon moved that further consideration of sec¬ 
 tion 8 be postponed. 
 
 And the motion prevailed. 
 
672 
 
 JOURNAL OF THE 
 
 [May 3, 
 
 Section 12, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 12, and moved its adoption: 
 
 “Amend section 12 by substituting therefor the following: 
 
 “Section 12. The term of office of the judges of the Appellate Courts, 
 other than of judges appointed to fill vacancies and judges appointed to 
 divisions created after full terms begin, shall be six years, and shall expire 
 on the first day of January A. D. 1929, and every six years thereafter. The 
 judges of the Circuit and Superior Courts of Cook County serving as judges 
 of the Appellate Court for the First District, and the branches thereof, at 
 the time of the adoption of this Constitution, shall thereupon become the 
 judges of the Appellate Court for the First District and shall continue to 
 hold office as such Appellate Court judges until the first day of January, 
 A. D. 1929. The Supreme Court shall appoint, on or before the first day of 
 January, A. D. 1923, the judges of the Appellate Courts for the second, third, 
 and fourth districts, and every sixth year thereafter, the judges of all the 
 Appellate Courts. Upon the creation of a division of an Appellate Court, the 
 judges thereof shall hold office until the first day of January of the year next 
 succeeding when full terms begin. The Supreme Court may, for good cause 
 shown, remove any of said judges from office; and in case of any vacancy, 
 the Supreme Court shall fill such vacancy by appointment.” 
 
 And the substitute for section 12 was adopted. 
 
 Mr. Michal offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 10. 
 
 Strike out section 12 and insert in lieu thereof the following: 
 
 “Section 12. The judges of the Appellate Court shall be elected from 
 the several Appellate Court districts and their term of office shall be six 
 years.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 18; nays, 45. 
 
 And the amendment was lost. 
 
 Mr. Mayer offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 11. 
 
 Amend section 12, as amended, by inserting after the word “branches’ 
 in line 15, the following: 
 
 “Such appointment shall be made from judges of courts of record or 
 members of the bar.” 
 
 And the amendment was lost. 
 
 ’ The question then being on the adoption of section 12, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 65; nays, 14. 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Meinert 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mighell 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Miller 
 
 Brenholt 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Carlstrom 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Nichols 
 
 Catron 
 
 F'ifer 
 
 Johnson, L. C. 
 
 Paddock 
 
 Chew 
 
 Gale 
 
 Kerrick 
 
 Parker 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Pinnell 
 
 Coolley 
 
 Gee 
 
 Lindly 
 
 Quinn 
 
 Corlett 
 
 Goodyear 
 
 Mayer 
 
 Revell 
 
 Cruden 
 
 Gray 
 
 McEwen 
 
 Rinaker 
 
 Cutting 
 
 Green 
 
 McGuire 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—65. 
 
1922,] 
 
 CONSTITUTIONAL CONVENTION. 
 
 673 
 
 Those voting in the negate are: Messrs^ Tebbens 
 
 »ew.c, SSS gSSS ~Nay-H. 
 
 Gilbe Se 0 tion 12 hating received the votes of a majority of the Delegates 
 elected was declared passed, and, under the rules, was re-referred to the 
 
 *• —-*~ *— 
 
 m ^ThT CoSention proceeding upon the consideration of Report. Nm 
 8, of the Committee on Phraseology and Style on the subject Ch g 
 
 “ Seretpon Mr Michal offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 1. 
 
 Amend section 1, by striking out all of the second sentence after the 
 
 the adoption of the a— ^ ° f 
 the Convention was had, resulting as follows: leas, 31, nays, 27. 
 
 Mr' 1 MlkToflemArMtowing amendment and moved its ad op- 
 
 tion: 
 
 Amendment No. 2. 
 
 in ,mn nd th S e e fonowing a : "“nfno XTsbXTnM the° city'byleason 
 
 ° f n °kie el question fl being r on the adoption of the a «endment, a division of 
 
 . the Convention was had, resulting as follows: leas, 4., nays, 21. 
 
 And the amendment was adopted. n ;irm- 
 
 Mr. Jarman offered the following amendment and moved its adop 
 
 tion: 
 
 Amendment No. 3. 
 
 Amend section 1. as amended, by inserting after the word -power" in 
 
 “ ne MrHurofer £ ed 0 the foiowtegTinendment to the amendment and 
 moved its adoption: 
 
 AMENDMENT No. 1 TO AMENDMENT No 
 Amend Amendment No, 3 by inserting after the word -government” the 
 words “or corporate action. 
 
 sssssas 3 ’ - 
 
 amen S qiXn of section 1, as amended, 
 
 a call of tiie roll was had, resulting as follows: leas, .3, najs, 0. 
 
 o 
 o • 
 
 —43 C J 
 
674 
 
 JOURNAL OF THE 
 
 [May 3, 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 Adams 
 
 Davis 
 
 Hollenbeck 
 
 Mighell 
 
 Adamkiewicz 
 
 Dawes 
 
 Hull 
 
 Miller 
 
 Barr 
 
 De Young 
 
 Iarussi 
 
 Mills 
 
 Beckman 
 
 Dietz 
 
 Jack 
 
 Moore 
 
 Brandon 
 
 Dryer 
 
 Jarman 
 
 Morris 
 
 Brenholt 
 
 Dunlap 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Brewster 
 
 Fifer 
 
 Kerrick 
 
 Paddock 
 
 Carlstrom 
 
 Gale 
 
 Kunde 
 
 Pincus 
 
 Catron 
 
 Garrett 
 
 Latchford 
 
 Pinnell 
 
 Chew 
 
 Gee 
 
 Dill 
 
 Quinn 
 
 Clarke 
 
 Goodyear 
 
 Mack 
 
 Revell 
 
 Coolley 
 
 Gray 
 
 McEwen 
 
 Rinaker 
 
 Corlett 
 
 Green 
 
 McGuire 
 
 Rosenberg 
 
 Cruden 
 
 Harnill 
 
 Meinert 
 
 Shanahan 
 
 Cutting 
 
 Hogan 
 
 Michal 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Tebbens 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—73. 
 Nays—0. 
 
 Answering present but not voting: Mr. 
 
 Mayer 
 
 Present—1. 
 
 Section 1. having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided b^ Pule 20. 
 Section 2 was taken up and read at large. 
 
 Whereupon Mr. Jarman offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 4. 
 
 Amend section 2 by inserting at the end thereof the following para- 
 2:raDh * 
 
 “A certified copy of said charter or any amendment thereto shall be 
 filed with the Secretary of State within thirty days after its adoption by 
 referendum vote and shall not take effect until so filed.” 
 
 The question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: Yeas, 32; nays, 18. 
 
 And the amendment was adopted. 
 
 Mr. Mayer offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 5. 
 
 Amend section 2 by striking out of the second paragraph the words 
 “shall prevail over State laws.” 
 
 And the amendment was lost. 
 
 Mr. Hull offered the following amendment and moved its adoption: 
 
 Amendment No. 6. 
 
 Amend section 2 by striking out the words “and shall not take effect 
 until so filed” where they appear in the amendment offered by Mr. Jarman. 
 
 And the amendment was adopted. . 
 
 Mr. Harnill offered the following amendment and moved its adop¬ 
 
 tion : 
 
 Amendment No. 7. 
 
 Amend section 2 by striking out all of the last paragraph thereof. 
 
 And the amendment was lost. _ 
 
 The question then being on the adoption of section 2, as amended 
 
 a call of the roll was had, resulting as follows: Yeas, »2: na\s, 4. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 Those voting in the affirmative are: 
 
 Adams 
 Adamkiewicz 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 Cutting 
 
 Davis 
 Dawes 
 De Young 
 Dryer 
 Dunlap 
 Pifer 
 Gale 
 Garrett 
 Gilbert 
 * Goodyear 
 Gray 
 Green 
 Hamill 
 Hogan 
 Hull 
 
 Iarussi 
 Jack 
 J arman 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Latchford 
 Dill 
 Lindly 
 McEwen 
 McGuire 
 Meinert 
 Michal 
 Miller 
 
 Messrs. 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 675 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—72. 
 
 Messrs: 
 
 Mills 
 
 Mr. 
 
 Nays—4. 
 
 Present—1. 
 
 Those voting in the negative are: 
 
 Dupuy, G. A. Mayer Mighell 
 
 Answering present hut not voting. 
 
 “ection 2, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to t e 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 3 was taken up and read at large. , A 
 
 Whereupon Mr. Mayer offered the following amendment and moved 
 
 its adoption: 
 
 Amendment No. 8. 
 
 Amend section 3 by inserting after the last word thereof the following: 
 “but in the exercise of such power of eminent domain the City of Chicago 
 shall be regulated by general law.” 
 
 And the amendment was adopted. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 9. 
 
 Amend section 3, as amended, by substituting therefor the following: 
 “Section 3. The City of Chicago shall have power to condemn private 
 property (deluding public utilities and the privileges or licenses held in 
 connection therewith) for public use in accordance with law. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section o, as amen , 
 . , ,, i t _li.*__ -PrUi• Voqc fi • nays, u. 
 
 Lilt; t_|UCOLJLVlJLL mien - j. 
 
 a call of the roll was had, resulting as follows: Yeas, 7b 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Fifer 
 Gale 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hamill 
 Hogan 
 Hull 
 
 Iarussi 
 Jack 
 Jarman 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Latchford 
 Bill 
 Mack 
 Mayer 
 McEwen 
 McGuire 
 Meinert 
 Michal 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—76. 
 
 Nays—0. 
 
676 
 
 JOURNAL OF THE 
 
 [May 3, 
 
 Section 3, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 4 was taken up and read at large. 
 
 Whereupon Mr. Miller offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 10. 
 
 Amend section 4 by striking out the word “reasonable.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 4, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 61; nays, 15. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Pifer 
 
 Kunde 
 
 Nichols 
 
 Smith 
 
 Adamkiewicz 
 
 Gale 
 
 Latchford 
 
 O’Brien 
 
 Sneed 
 
 Brandon 
 
 Gilbert 
 
 Dill 
 
 Paddock 
 
 Stahl 
 
 Brenholt 
 
 Goodyear 
 
 Mack 
 
 Parker 
 
 Sutherland 
 
 Carl strom 
 
 Gray 
 
 McEwen 
 
 Pincus 
 
 Taff 
 
 Catron 
 
 Green 
 
 McGuire 
 
 Pinnell 
 
 Tebbens 
 
 Chew 
 
 Hogan 
 
 Meinert 
 
 Quinn 
 
 Torrance 
 
 Clarke 
 
 Hull 
 
 Michal 
 
 Rinaker 
 
 Traeger 
 
 Coolley 
 
 Iarussi 
 
 Mighell 
 
 Rosenberg 
 
 Trautmann 
 
 Cruden 
 
 Jack 
 
 Miller 
 
 Shanahan 
 
 Warren 
 
 Davis 
 
 Jarman 
 
 Mills 
 
 Shuey 
 
 Woodward 
 
 Dawes 
 
 Johnson, L. C. 
 
 Moore 
 
 Six 
 
 Mr. President 
 
 Dunlap 
 
 
 
 Yeas—i 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Barr 
 
 Cutting 
 
 Dupuy, G. A. Hamill 
 
 Morris 
 
 Beckman 
 
 Dietz 
 
 Garrett’ 
 
 Kerrick 
 
 Revell 
 
 Brewster 
 
 Dryer 
 
 Gee 
 
 Mayer 
 
 Wilson 
 
 
 
 
 Nays— 
 
 Answering present but not voting: Messrs. 
 
 Corlett DeYoung Hollenbeck Present—3. 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Michal moved to reconsider the vote by which section 4, of 
 Report No. 8, was adopted. 
 
 Mr. Sutherland moved to lay that motion on the table. • 
 
 And the question being oil the motion to table it was decided in the 
 affirmative. 
 
 Section 6 was taken up and read at large. 
 
 Whereupon Mr. Hull moved to strike out the word “Governmental” 
 wherever it appears in the section and insert in lieu thereof the word 
 “Municipal.” 
 
 And the motion prevailed. 
 
 The question then being on the adoption of section 6, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 70; nays, 4. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 677 
 
 Those voting in the affirmative are: Messrs. 
 
 Adamkiewicz 
 
 Davis 
 
 Barr 
 
 Dawes 
 
 Beckman 
 
 De Young 
 
 Brandon 
 
 Dietz 
 
 Brenholt 
 
 Dryer 
 
 Brewster 
 
 Dunlap 
 
 Carlstrom 
 
 Dupuy, G. A, 
 
 Catron 
 
 Gale 
 
 Chew 
 
 Garrett 
 
 Clarke 
 
 Gilbert 
 
 Coolley 
 
 Goodyear 
 
 Corlett 
 
 Gray 
 
 Cruden 
 
 Green 
 
 Cutting 
 
 Hamill 
 
 Hogan 
 
 Miller 
 
 Hollenbeck 
 
 Mills 
 
 Hull- 
 
 Moore 
 
 larussi 
 
 Morris 
 
 Jack 
 
 Nichols 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Kunde 
 
 Paddock 
 
 Latchford 
 
 Parker 
 
 Lill 
 
 Pincus 
 
 Mack 
 
 Pinnell 
 
 McGuire 
 
 Quinn 
 
 Meinert 
 
 Revell 
 
 Michal 
 
 Rinaker 
 
 Mighell 
 
 Rosenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taft 
 
 Tebbens 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—70. 
 
 Those voting in the negative are: Messrs. 
 
 Adams Kerrick Mayer McEwen Nays—4. 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 7 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 68; nays, 1. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 De Young 
 
 Adamkiewicz 
 
 Dietz 
 
 Barr 
 
 Dryer 
 
 Beckman 
 
 Dunlap 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Brenholt 
 
 Fifer 
 
 Brewster 
 
 Gale 
 
 Carlstrom 
 
 Garrett 
 
 Catron 
 
 Gilbert 
 
 Clarke 
 
 Goodyear 
 
 Coolley 
 
 Gray 
 
 Corlett 
 
 Green 
 
 Cruden 
 
 Hamill 
 
 Cutting 
 
 Hogan 
 
 Hollenbeck 
 
 Miller 
 
 Hull 
 
 Mills 
 
 larussi 
 
 Moore 
 
 Jack 
 
 Nichols 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Kunde 
 
 Paddock 
 
 Latchford 
 
 Parker 
 
 Lill 
 
 Pincus 
 
 Mack 
 
 Pinnell 
 
 McEwen 
 
 Quinn 
 
 McGuire 
 
 Revell 
 
 Meinert 
 
 Rinaker 
 
 Michal 
 
 Shanahan 
 
 Mighell 
 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taft 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 W arren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—68. 
 
 Nays—1. 
 
 Those voting in the negative are: Messrs: 
 
 Ganschow . 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 8 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, resulting as follows: Yeas, 68; nays, 1. 
 
 Messrs. 
 
 Those voting in the affirmative are: 
 
 Adams 
 Adamkiewicz 
 P.arr 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 Crudcn 
 Cutting 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Pifer 
 
 Gale 
 
 Garrett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hollenbeck 
 larussi 
 Jack 
 
 Johnson, L. C. 
 Kunde 
 Latchford 
 Dill 
 Mack 
 McEwen 
 McGuire 
 Meinert 
 Michal 
 Mighell 
 Miller 
 
 Those voting in the negative are 
 
 Moore 
 Nichols 
 O’Brien 
 Paddock 
 Parker 
 Pincus 
 Pinnell 
 Quinn 
 Revel 1 
 Rinaker 
 Rosenberg 
 Shanahan 
 Shuey 
 
 Messrs: 
 
 Mills 
 
 Six 
 
 Smith 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—68. 
 
 Nays—1. 
 
678 
 
 JOURNAL OF THE 
 
 [May 3, 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 At the hour of 6 :25 o'clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now adjourn until 9:00 o'clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adojurned. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 679 
 
 THURSDAY, MAY 4, 1922, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was oifered by the Rev. Lewis B. Landretli, of the immacu¬ 
 late Conception Church, of Carthage. . . ^ _ , . , 
 
 The Journal of Tuesday, May /ind, having been piinted and placec 
 
 on the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25th, the Secre¬ 
 tary called the roll of the Convention, which resulted as follows: Pres¬ 
 ent, 86. 
 
 Those voting present are: Messrs. 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 Cutting 
 Davis 
 Dawes 
 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fifer 
 Fyke 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Michal 
 
 Shuey 
 
 Hollenbeck 
 
 Mighell 
 
 Six 
 
 Hull 
 
 Miller 
 
 Smith 
 
 Iarussi 
 
 Mills 
 
 Sneed 
 
 Jack 
 
 Moore 
 
 Stahl 
 
 J arman 
 
 Morris 
 
 Sutherland 
 
 Johnson, H. C. 
 
 Nichols 
 
 Taff 
 
 Kerrick 
 
 O’Brien 
 
 Tebbens 
 
 Kunde 
 
 Paddock 
 
 Torrance 
 
 Latchford 
 
 Parker 
 
 Traeger 
 
 Lill 
 
 Pincus 
 
 Trautmann 
 
 Lindly 
 
 Pinnell 
 
 Wall 
 
 Mack 
 
 Quinn 
 
 Warren 
 
 Mayer 
 
 Revel 1 
 
 Wilson 
 
 McEwen 
 
 Rinaker 
 
 Wolff 
 
 McGuire 
 
 Rosenberg 
 
 Woodward 
 
 Meinert 
 
 Shanahan 
 
 Mr. President 
 Present— 
 
 The Convention proceeding upon the consideration of Report No. 
 8 of the Committee on Phraseology and Style, on the subject of Chicago 
 and Cook County, sections 9, 10 and 11, combined, were taken up and 
 
 read at large. n-iA i-i-f 
 
 And the question being on the adoption of sections 9, 10 and 11, 
 
 combined, a call of the roll was had, resulting as follows: Teas, 79; 
 
 1 . 
 
 nays, 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Chew « 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Fyke 
 
 Gale 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 affirmative are: 
 
 Green 
 
 Messrs. 
 
 McEwen 
 
 Shuey 
 
 Hamill 
 
 McGuire 
 
 Six 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Hollenbeck 
 
 Mighell 
 
 Sneed 
 
 Hull 
 
 Miller 
 
 Stahl 
 
 Iarussi 
 
 Mills 
 
 Sutherland 
 
 Jack 
 
 Moore 
 
 Taff 
 
 Jarman 
 
 Morris 
 
 Torrance 
 
 Johnson, L. C. 
 
 Nichols 
 
 Traeger 
 
 Kerrick 
 
 Paddock 
 
 Trautmann 
 
 Kunde 
 
 Parker 
 
 Wall 
 
 Hatch ford 
 
 Pinnell 
 
 Warren 
 
 Hill 
 
 Quinn 
 
 Wilson 
 
 Hindly 
 
 Mack 
 
 Revell 
 
 Woodward 
 
 Rinaker 
 
 Mr. President 
 
 Mayer 
 
 Shanahan 
 
 Yeas— 
 
680 
 
 JOURNAL OF THE 
 
 [May 4, 
 
 Those voting in the negative are : Messrs: 
 
 Wolff Naj 
 
 Sections 9. 10 and 11. combined, having received the votes of a 
 majority of the Delegates elected, were declared passed, and, under the 
 rules, were re-referred to the Committee on Phraseology and Style for 
 action, as provided by Prnle 20. 
 
 Section 12 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 16; nays, 0. 
 
 Those voting in the affirmative are: 
 
 Adams 
 
 Dawes 
 
 Hogan 
 
 Adamkiewicz 
 
 De Young 
 
 Hollenbeck 
 
 Baldwin 
 
 Dietz 
 
 Hull 
 
 Barr 
 
 Dryer 
 
 Iarussi 
 
 Beckman 
 
 Dunlap 
 
 Jack 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Brenholt 
 
 Fifer 
 
 Kerrick 
 
 Brewster 
 
 Fyke 
 
 Kunde 
 
 Carlstrom 
 
 Gale 
 
 Latchford 
 
 Catron 
 
 Garrett 
 
 Lill 
 
 Chew 
 
 Gee 
 
 Lindly 
 
 Clarke 
 
 Gilbert 
 
 Mack 
 
 Coolley 
 
 Goodyear 
 
 Mayer 
 
 Corlett 
 
 Gray 
 
 McEwen 
 
 Cruden 
 
 Green 
 
 McGuire 
 
 Cutting 
 
 Hamill 
 
 
 Meinert 
 
 Michal 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Morris 
 
 Nichols 
 
 Parker 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Punaker 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 Traeger 
 Trautmann 
 Wall 
 W arren 
 Wilson 
 Woodward 
 Mr. President 
 
 Teas—76. 
 Nays—0. 
 
 section navuig leceiveu me wncc ^ c* yr ; 0 // 
 
 elected, was declared passed, and, unoer the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 Section 13 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, resulting as follows: YYas, 80; nays, 0. 
 
 Messrs. 
 
 Those voting in the affirmative are 
 
 Hamill 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 Cutting 
 Davi3 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fyke 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Jack 
 
 Jarman 
 
 .Johnson, L. C. 
 
 Kerrick 
 
 Kunde 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 McEwen 
 
 McGuire 
 
 Meinert 
 Michal 
 Mighell 
 Miller 
 Mills 
 Moore 
 Morris 
 Nichols 
 O’Brien 
 Paddock 
 Parker 
 Pinnell 
 Quinn 
 Revell 
 Rinaker 
 Shanahan 
 
 Messrs. 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas — 80. 
 Nays — 0. 
 
 Present—2. 
 
 Answering present but not voting 
 
 Section 13, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology- and Style for action, as provided by Eule 20. 
 Section 14 was taken up and read at large 
 
 And the question being on the adoption of the section, a call of th. 
 roll was had, resulting as follows: Yeas, 84; nays, 0. 
 
6S1 
 
 1922.] CONSTITUTIONAL CONVENTION. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Hamill 
 
 Meinert 
 
 Shuey 
 
 Adamkiewicz 
 
 De Young 
 
 Hogan 
 
 Michal 
 
 Six 
 
 Baldwin 
 
 Dietz 
 
 Hollenbeck 
 
 Mighell 
 
 Smith 
 
 Barr 
 
 Dryer 
 
 Hull 
 
 Miller 
 
 Sneed 
 
 Beckman 
 
 Dunlap 
 
 Iarussi 
 
 Mills 
 
 Stahl 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jack 
 
 Moore 
 
 Sutherland 
 
 Brenholt 
 
 Elting 
 
 Jarman 
 
 Morris 
 
 Taff 
 
 Brewster 
 
 Pifer 
 
 Johnson, L. C. 
 
 Nichols 
 
 Tebbens 
 
 Carlstrom 
 
 Fyke 
 
 Kerrick 
 
 O'Brien 
 
 Torrance 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Paddock 
 
 Traeger 
 
 Chew 
 
 Gan sch ow 
 
 Latchford 
 
 Parker 
 
 Trautmann 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Pinnell 
 
 W arren 
 
 Coolley 
 
 Gee 
 
 Lindly 
 
 Quinn 
 
 Wilson 
 
 Corlett 
 
 Gilbert 
 
 Mack 
 
 Revell 
 
 Wolff 
 
 Cruden 
 
 Goodj'ear 
 
 Mayer 
 
 Rinaker 
 
 Woodward 
 
 Cutting 
 
 Gray 
 
 McEwen 
 
 Rosenberg 
 
 Mr. President 
 
 Dans 
 
 Green 
 
 McGuire 
 
 Shanahan 
 
 Yeas—84. 
 
 Nays— 0. 
 
 Section 11, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 The Convention proceeding upon the consideration of Report ^o. 
 12, of the Committee on Phraseology and Style, on the subject of Legis¬ 
 lative Department, section S thereof was taken up and read at large. 
 
 Whereupon Mr. Coolley offered the following as a substitute for 
 
 section 8 and moved its adoption: 
 
 Amend section 8 by substituting therefor the following: 
 
 “Section 8. At the first session of the General Assembly following the 
 time fixed in this Constitution for making any apportionment required by 
 any article thereof, no salary or mileage or renumeration of any kind shall 
 be paid to the members of such General Assembly until it has effected the 
 apportionment as required in this Constitution." 
 
 Mr. Six offered the following as a substitute for section 8, and all 
 pending amendments, and moved its adoption: 
 
 Amend section 8, as follows: Strike out the words “It shall be the duty 
 of the Secretary of State. Auditor of Public Accounts and Attorney General" 
 and substitute the following: “It shall be the duty of the Governor to ap¬ 
 point a commission of two persons, one from Cook County and one from a 
 county other than Cook, one of which shall be of the political party casting 
 the highest vote and one from the political party casting the next highest 
 vote at the last preceding State election for that State officer receiving the 
 largest number of votes, which two commissioners so appointed shall appoint 
 a third commissioner, and it shall be the duty of said commission of three 
 to make an apportionment in accordance herewith, within ninety days after 
 the adjournment.” 
 
 Pending discussion, bv unanimous consent. Mr. Six withdrew his 
 substitute for section 8 and all pending amendments. 
 
 Pending: discussion, by unanimous consent. Mr. Coollev withdrew 
 his substitute for section S. 
 
 Mr. Migliell offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 31. 
 
 Amend section 8, by inserting therefor the following: 
 
 “At the general State election in the year 1926 there shall be submitted 
 to the election, by printing the same at the top of the ballot containing the 
 names of candidates, the following constitutional amendment which shall be 
 substituted for section seven of this article, if approved by a majority of 
 those voting on the proposition: 
 
682 
 
 JOURNAL OF THE 
 
 [May 4, 
 
 “Each county shall have one member of a House of Representatives 
 consisting of not less than 175 nor more than 200 members, all other mem¬ 
 bers shall be distributed to the larger counties in proportion to the number 
 of voters who voted for Governor at the last regular election at which a 
 Governor was elected previous to the apportionment. In successive reap¬ 
 portionments the numerical representation on any county shall not be re¬ 
 duced. 
 
 “The districts, in counties having more than one representative, shall 
 be formed of compact and contiguous territory, bounded by ward or precinct 
 line and containing, as nearly as practicable, an equal number of-voters, but 
 in no case less than four-fifths the counties ratio.” 
 
 Mr. Trautmann raised the point of order that the amendment was 
 out of order for the reason that it was not germain to the subject 
 matter under consideration. 
 
 And the point of order was sustained. 
 
 Mr. Eevell offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 32. 
 
 Amend section 8 by adding the following: 
 
 “And no legislative business shall be transacted until the reapportion¬ 
 ment of the State shall be completed.” 
 
 And the amendment was lost. 
 
 Mr. Quinn offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 33. 
 
 Amend section 8 by substituting therefor the following: 
 
 “Section 8. In case the General Assembly fail to make such apportion¬ 
 ment at its first session, following the time fixed in this Constitution, then 
 and in that event, no act passed in such General Assembly or succeeding 
 sessions of the General Assembly so failing to make such apportionment, 
 shall go into effect save, and only, acts appropriating money for the pur¬ 
 pose of meeting the expenses of the State Government.” 
 
 The question being on the adoption of Amendment No. 33, a 
 division of the Convention was had, resulting as follows: Yeas, 53; 
 nays, 22. 
 
 And the amendment was adopted. 
 
 Mr. Coolley offered the following as a substitute for section 8, as 
 
 amended, and moved its adoption: 
 
 Amend section 8, as amended, to read as follows: 
 
 “The General Assembly shall enter into no business except the appro¬ 
 priation of money for the necessary administration of government and the 
 enactment of emergency legislation until all apportionments have been made 
 in accordance with this Constitution.” 
 
 And the substitute for section 8 was lost. 
 
 Mr. Davis moved to reconsider the vote by which the substitute for 
 section 8 was adopted. 
 
 The question being on the motion to reconsider, a division of the 
 Convention was had, resulting as follows: lYas, 49; nays, 32. 
 
 And the motion prevailed. 
 
 The question recurring on the adoption of the substitute for section 
 8, offered by Mr. Quinn, it was decided in the negative. 
 
 Pending discussion Mr. Davis moved the previous question. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 683 
 
 And the question being, “Shall the main question be now put?” it 
 was decided in the affirmative. 
 
 The question then being on the adoption of section 8, a call of the 
 roll was had, resulting as follows: Yeas, 61; nays, 22. 
 
 Those voting in the 
 
 affirmative are: Messrs. 
 
 
 Adamkiewicz 
 
 Dietz 
 
 Hull 
 
 Miller 
 
 Smith 
 
 Baldwin 
 
 Dryer 
 
 Iarussi 
 
 Moore 
 
 Sneed 
 
 Barr 
 
 Dupuy, G. A- 
 
 Jack 
 
 Morris 
 
 Sutherland 
 
 Beckman 
 
 Fyke 
 
 Johnson, L. 
 
 C. O’Brien 
 
 Tebbens 
 
 Brenholt 
 
 Gale 
 
 Kunde 
 
 Paddock 
 
 Torrance 
 
 Carlstrom 
 
 Ganschow 
 
 Latchford 
 
 Parker 
 
 Traeger 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Pincus 
 
 Trautmann 
 
 Corlett 
 
 Gray 
 
 Lindly 
 
 Quinn 
 
 Wall 
 
 Cruden 
 
 Green 
 
 Mayer 
 
 Revell 
 
 Wilson 
 
 Cutting 
 
 Hamill 
 
 McEwen 
 
 Rosenberg 
 
 Wolff 
 
 Davis 
 
 Hogan 
 
 McGuire 
 
 Shanahan 
 
 Woodward 
 
 Dawes 
 
 Hollenbeck 
 
 Michal 
 
 Shuey 
 
 Mr. President 
 
 De Young 
 
 
 
 
 Yeas—i 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Adams 
 
 Coolley 
 
 Gilbert 
 
 Mack 
 
 Nichols 
 
 Brandon 
 
 Dunlap 
 
 Goodyear 
 
 Meinert 
 
 Pinnell 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Mighell 
 
 Stahl 
 
 Catron 
 
 Fifcr 
 
 Kerrick 
 
 Mills 
 
 Taff 
 
 Chew 
 
 Gee 
 
 
 
 Nays—: 
 
 Answering present but not voting are: Messrs. 
 
 Rinaker Six Warren Present—3. 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Mr. Cutting moved to reconsider the vote by which section 8 was 
 
 adopted. 
 
 Mr. Hamill moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in 
 the affirmative. 
 
 At the hour of 12 :45 o’clock p. m., Mr. Hamill moved that the 
 Convention do now take a recess until 2 :00 o'clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o'Clock P. M. 
 
 The hour of 2:00 o’clock p. m., having arrived, the Convention 
 resumed its session. 
 
 The President presiding. 
 
 The Convention proceeding upon the consideration of Report Ho. 
 17, of the Committee on Phraseology and Style, on the subject of Coun¬ 
 ties, section 1 was again taken up. 
 
 Whereupon Mr. Brenholt offered the following amendment and 
 
 moved its adoption: 
 
 Amendment No. 15. 
 
 Amend section 1, as amended, by striking out in the first sentence the 
 words “who shall be ex-officio collector of taxes” and by adding in lieu 
 thereof “who shall also be ex-officio collector of taxes unless otherwise pro¬ 
 vided by law.” 
 
 So that the section will read: 
 
 “Section 1. In each county there shall be elected in 1926 a sheriff, a 
 county clerk, who shall be clerk of the County Court, and a treasurer, who 
 
684 
 
 JOURNAL OF THE 
 
 [May 4, 
 
 shall also be ex-officio collector of taxes until otherwise provided by law; 
 and in 1924 a coroner, and a clerk of the Circuit Court who shall be ex-officio 
 recorder of deeds except in counties of 60,000 or more population, where a 
 recorder of deeds shall be elected, and in counties of fifty thousand popula¬ 
 tion or more a county auditor may be selected as provided by law. In each 
 county there shall be an assessor to be selected as the General Assembly may 
 provide. No elected treasurer shall succeed himself.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 33; nays, 22. 
 
 And the amendment was adopted. 
 
 Mr. Taff offered the following amendment and moved its adoption: 
 
 Amendment No. 16. 
 
 Amend section 1, as amended by striking out the words “who shall also 
 be ex-officio collector of taxes.” 
 
 And the amendment was. lost. 
 
 Air. Gilbert offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 17. 
 
 Amend section 1, as amended, by inserting the words 
 last line thereof.” 
 
 “Sheriff or” in the 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 23; nays, 44. 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 1, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 79; nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting- 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A- 
 
 Elting- 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hog'an 
 
 Hollenbeck 
 Hull 
 Iarussi 
 Jack 
 Jarman 
 Johnson, 
 Kerrick 
 Kunde 
 Latchford 
 Lill 
 Lindly 
 Mack 
 Mayer 
 McEwen 
 McGuire 
 Meinert 
 
 Michal 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 O’Brien 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 E,osenberg 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 L. C. 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—79. 
 
 Nays—0. 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Mr. Gale asked unanimous consent of the Convention to make a 
 motion to reconsider the vote by which section 7, of Report Yo. 12, was 
 heretofore adopted, for the purpose of offering a specific amendment. 
 
 Unanimous consent being refused, Mr. Gale moved that Rule 62 be 
 
 suspended. , , * 
 
 Mr. Dunlap raised the point of order that the motion was out ot 
 
 order, for the reason that it incorporated the specific purpose for which 
 the motion was made. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 685 
 
 And the point of order was not sustained. 
 
 Whereupon an appeal from the decision of the chair was taken. 
 
 And the question being, “Shall the decision of the chair stand as 
 the decision of the Convention ?” a division of the Convention was had, 
 resulting as follows: Yeas, 50; nays, 19. 
 
 And the decision of the chair was sustained. 
 
 The question recurring on the motion to suspend Rule 62, a call of 
 the roll was had, resulting as follows: Yeas, 57; nays, 25. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brenholt 
 Carlstrom 
 Clarke 
 Corlett 
 Cruden 
 Cutting 
 Davis 
 Dawes 
 
 De Young 
 Dietz 
 
 Dupuy, G. A. 
 
 Dyke 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gilbert 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hollenbeck 
 Hull 
 Iarussi 
 Jack 
 
 Johnson, L. C. 
 
 Kunde 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Mayer 
 
 McEwen 
 
 McGuire 
 Meinert 
 Michal 
 Miller 
 O’Brien 
 Paddock 
 Parker 
 Pincus 
 Quinn 
 Revell 
 Rosenberg 
 
 Messrs. 
 
 Mills 
 
 Moore 
 
 Pinnell 
 
 Rinaker 
 
 Smith 
 
 Shanahan 
 
 Six 
 
 Sutherland 
 
 Tebbens 
 
 Todd 
 
 Traeger 
 
 Trautmann 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—57. 
 
 Sneed 
 
 Stahl 
 
 Taff 
 
 Wall 
 
 Warren 
 
 Nays—25. 
 
 Hogan 
 
 Those voting in the negative are: 
 
 Adams Dryer Goodyear 
 
 Brandon Dunlap Jarman 
 
 Brewster El ting 
 
 Catron Fifer JJack n 
 
 Coolley Gee Mighell 
 
 The motion having received more than a two-thirds vote was de¬ 
 clared carried, and the rule was suspended. • 
 
 Whereupon Mr. Gale moved that the vote by which section 7, of 
 Report No. i2, was heretofore adopted on February 7th, be now recon¬ 
 sidered for the sole and only purpose of offering one amendment. 
 
 Mr Jarman raised the point of order that the motion was out of 
 order, for the reason that the specific purpose for which it was made 
 
 precluded other amendments. 
 
 And the point of order was not sustained. 
 
 The question then being on the motion to reconsider, it was decided 
 
 in the affirmative. „ . , , rtMT/w a 
 
 Whereupon Mr. Gale offered the following amendment and moved 
 
 its adoption: 
 
 Amendment No. 34. 
 
 Amend section 7, Report No. 12, by adding at the end of the first para- 
 SraP Vu h t er a e cknt e y“f n fe : ss than four-fifths of a ratio maybe j Joined with 
 
 a ra a tfo° may 
 
 of one or more counties, and such districts shall be as near a ratio as prac¬ 
 ticable ; and when of more than one county, such counties shall be adjoin 
 
 • J J 
 
 Pending discussion, by unanimous consent, Mr. Mighell offer cd the 
 following amendment as a substitute for Amendment No. 34, and 
 
 moved its adoption: . wnri1c . 
 
 Amend section 7 of the Legislative Article by striking out tl e " 
 
 “but no district shall contain less than 4/5 of the representation ra 10 
 those words appear in the last clause of the first paragraph, cha g- 
 to period and in lieu of said clause insert the following. 
 
686 
 
 JOURNAL OF THE 
 
 [May 4, 
 
 “Counties not having fourfifths of a representation ration may he formed 
 into districts of one or more counties and such districts shall be of con¬ 
 tiguous territory and shall be as near a ratio as practicable. 
 
 At the end of the section, after the word “ratio” there shall be added as 
 part of the section the following: 
 
 “At the general State election in the year 1926 there shall be submitted 
 to the election, by printing the same at the top of the ballot containing the 
 names of candidates, the following constitutional amendment which shall be 
 substituted for this section if approved by a majority of those voting on 
 the proposition. 
 
 “Each county shall have one member of a House of Representatives con¬ 
 sisting of not less than 175 nor more than 200 members, all other members 
 shall be distributed to the larger counties in proportion to the number of 
 voters who voted for Governor at the last regular election at which a 
 Governor w r as elected previous to the apportionment. In successive reap¬ 
 portionments the numerical representation on any county shall not be re¬ 
 duced. 
 
 “The districts, in counties having more than one representative, shall be 
 formed of compact and contiguous territory, bounded by ward or precinct 
 line and containing, as nearly as practicable, an equal number of voters, but 
 in no case less than four-fifths the counties ratio.” 
 
 And the question being on the adoption of the substitute, on de¬ 
 mand of five Delegates, a call of the roll was had, resulting as follows: 
 Yeas, 21; nays, 57. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Brewster 
 
 Dunlap 
 
 Elting 
 
 Fifer 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Hogan 
 
 Jarman 
 
 Kerrick 
 
 Mack 
 
 Mighell 
 
 Mills Sneed 
 
 Pinnell Stahl 
 
 Rinaker Taff 
 
 Shuey Wall 
 
 Yeas—21. 
 
 Those voting in the negative are: 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Clarke 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dupuy, G. A. 
 
 F*yke 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Green 
 
 Hamill 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Jack 
 
 Johnson, L. 
 
 Kunde 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Mayer 
 
 McEwen 
 
 McGuire 
 
 Michal 
 
 Messrs. 
 
 Miller 
 
 Moore 
 
 C. O’Brien 
 Paddock 
 Parker 
 Pincus 
 Quinn 
 Revell 
 Rosenberg 
 Shanahan 
 Six 
 
 Sutherland 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Nays—57. 
 
 Answering present but not voting: 
 
 • Brandon Brenholt Coolley 
 
 Messrs. 
 
 Meinert 
 
 Present— 4. 
 
 And the substitute for Amendment No. 34 was lost. 
 
 The question recurring on the adoption of Amendment No. 34, it 
 was decided in the affirmative. 
 
 The question then being on the adoption of section 7, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 78; nays, 4. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 687 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adamkiewicz 
 
 Dawes 
 
 Hogan 
 
 Miller 
 
 Smith 
 
 Baldwin 
 
 De Young 
 
 Hollenbeck 
 
 Mills 
 
 Sneed 
 
 Barr 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 Stahl 
 
 Beckman 
 
 Dryer 
 
 Jack 
 
 O’Brien 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Johnson, L. C. 
 
 Paddock 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A- 
 
 Kunde 
 
 Parker 
 
 Todd 
 
 Brewster 
 
 Elting 
 
 Latchford 
 
 Pincus 
 
 Torrance 
 
 Cary, C. D. 
 
 Fyke 
 
 Lill 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom; 
 
 Gale 
 
 Lindly 
 
 Quinn 
 
 Trautmann 
 
 Catron 
 
 Ganschow 
 
 Mack 
 
 Revell 
 
 Wall 
 
 Clarke 
 
 Garrett 
 
 Mayer 
 
 Rinaker 
 
 Warren 
 
 Coolley 
 
 Gilbert 
 
 McEwen 
 
 Rosenberg 
 
 Wilson 
 
 Corlett 
 
 Goodyear 
 
 McGuire 
 
 Shanahan 
 
 Wolff 
 
 Cruden 
 
 Gray 
 
 Meinert 
 
 Shuey 
 
 Woodward 
 
 Cutting 
 
 Green 
 
 Michal 
 
 Six 
 
 Mr. President 
 
 Davis 
 
 Hamill 
 
 
 
 Yeas— 
 
 Those voting in the negative are: Messrs. 
 
 Jarman Kerrick Mighell Taft Nays—4. 
 
 Section 7, having receive the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Mr. Davis moved to reconsider the vote by which section 7, of 
 Report No. 12, was adopted. 
 
 Mr. Hamill moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in 
 the affirmative. 
 
 Mr. Carlstrom called up his motion of yesterday to reconsider the 
 vote by which Report No. 14, of the Committee on Phraseology and 
 Style, had failed to pass. 
 
 The question being on the motion to reconsider, it was decided in 
 the affirmative. 
 
 And Report No. 14, of the Committee on Phraseology and Style, 
 was again taken up. 
 
 Whereupon Mr. Carlstrom offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 2. 
 
 Amend Report No. 14 as reported by the Committee on Phraseology and 
 Style, in line 8 after the word “shall” by inserting the words “be amortized 
 in not to exceed thirty-three years and shall” and after the word “by” by 
 inserting the word “first.” 
 
 So that the sentence as amended will read as follows: 
 
 “Such loans shall be amortized in not to exceed thirty-three years and 
 shall be secured by first mortgages or deeds of trust made by those owning, 
 occupying and cultivating the lands pledged.” 
 
 And the amendment was adopted. 
 
 Mr. Rinaker offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 3. 
 
 Amend Report No. 14 by striking out the words, “on the question.” 
 
 Mr. Dunlap moved to lay the amendment on the table. 
 
 The question being on the motion to table, a division of the Con¬ 
 vention was had, resulting as follows: Yeas, 37; nays, 31. 
 
G88 
 
 JOURNAL OF THE 
 
 [May 4, 
 
 And Amendment No. 3 was ordered to lie on the table. 
 
 Mr. Sutherland moved the previous question on Report No. 14. 
 And the question being, “Shall the main question be now put?” it 
 was decided in the affirmative. 
 
 The question then being on the adoption of Report No. 14, as 
 amended, a call of the roll was had, resulting as follows: Yeas, 53; 
 
 nays, 26. 
 
 Those voting in the 
 
 affirmative are: Messrs. 
 
 
 Adams 
 
 Dietz 
 
 Hollenbeck 
 
 Meinert 
 
 Shuey 
 
 Barr 
 
 Dryer 
 
 Hull 
 
 Michal 
 
 Six 
 
 Beckman 
 
 Dunlap 
 
 Jack 
 
 Mighell 
 
 Smith 
 
 Brandon 
 
 Siting 
 
 J arman 
 
 Miller 
 
 Sneed 
 
 Brenholt 
 
 Gale 
 
 Johnson, L. 
 
 C. Mills 
 
 Stahl 
 
 Carlstrom 
 
 Garrett 
 
 Kerrick 
 
 Moore 
 
 Torrance 
 
 Catron 
 
 Gee 
 
 Lill 
 
 Paddock 
 
 Trautmann 
 
 Clarke 
 
 Gilbert 
 
 Lindly 
 
 Parker 
 
 Wall 
 
 Coolley 
 
 Goodyear 
 
 Mack 
 
 Pinnell 
 
 Warren 
 
 Corlett 
 
 Gray 
 
 McEwen 
 
 Quinn 
 
 Wolff 
 
 Dawes 
 
 Hogan 
 
 McGuire 
 
 
 Yeas— i 
 
 Those voting in the 
 
 negative are: 
 
 Messrs. 
 
 
 Adamkiewicz 
 
 Green 
 
 Mayer 
 
 Rosenberg 
 
 Todd 
 
 Baldwin 
 
 Hamill 
 
 O’Brien 
 
 Shanahan 
 
 Traeger 
 
 Cary, C. D. 
 
 Iarussi 
 
 Pincus 
 
 Sutherland 
 
 Wilson 
 
 Cutting 
 
 Kunde 
 
 Revell 
 
 Taff 
 
 Woodward 
 
 Fyke 
 
 Ganschow 
 
 Latchford 
 
 Rinaker 
 
 Tebbens 
 
 Mr. President 
 Nays—: 
 
 Answering present but not voting: Mr. 
 
 Brewster 
 
 Present—1. 
 
 Report No. 14, having received the votes of a majority of the Dele¬ 
 gates elected, was declared passed, and, under the rules, was re-referred 
 to the Committee on Phraseology and Style for action, as provided by 
 
 Rule 20. 
 
 Mr. Barr moved to reconsider the vote by which Report No. 14 • 
 
 was adopted. 
 
 Mr. Dunlap moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in 
 the affirmative. 
 
 At the hour of 5 :40 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now take a recess until 8 :00 o’clock p. m. 
 
 The question being on the motion to take a recess, a division of the 
 Convention was had, resulting as follows: Yeas, 48; nays, 27. 
 
 And the motion prevailed. 
 
 8:00 o'Clock P. M. 
 
 The hour of 8:00 o’clock p. m. having arrived the Convention 
 
 resumed its session. 
 
 The President presiding. 
 
 The Convention proceeding upon the consideration of Report No. 4, 
 of the Committee on Phraseology and Style, on the subject of Education, 
 
 section 4 thereof was again taken up. . 
 
 Whereupon Mr. Dietz offered the following as a substitute for sec¬ 
 tion 4, as amended, and moved its adoption: 
 
 Amend section 4 by substituting therefor the following. 
 
 “Section 4. Except in payment of temporary rent, of temporary hos¬ 
 pital service, or of purchase price, or, (in the event, and only in the event, 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 689 
 
 that other institutions or agencies are not adequate or available), of not to 
 exceed the cost of temporarily maintaining and supporting during their 
 terms of commitment, neglected, defective, dependent or delinquent persons, 
 committed by courts of competent jurisdiction to institutions or agencies 
 under public inspection, no public money shall be paid or other public prop¬ 
 erty be given or applied for any sectarian purpose or to any institution con¬ 
 trolled by a church or sect.” 
 
 And the substitute for section 4 was adopted. 
 
 Mr. Davis offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 16. 
 
 Amend section 4, as amended, by striking out the word “other” in line 
 3, and inserting in lieu thereof the word “public.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 44; nays, 32. 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 4, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 73; nays, 6. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 Adamkiewicz 
 
 Dawes 
 
 Hull 
 
 Michal 
 
 Baldwin 
 
 Dietz 
 
 Iarussi 
 
 Miller 
 
 Barr 
 
 Dunlap 
 
 Jack 
 
 Mills 
 
 Beckman 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Moore 
 
 Brenholt 
 
 Fifer 
 
 Johnson, L. C 
 
 O’Brien 
 
 Brewster 
 
 Gale 
 
 Kerrick 
 
 Paddock 
 
 Cary, C. D. 
 
 Ganschow 
 
 Kunde 
 
 Parker 
 
 Carlstronx 
 
 Garrett 
 
 Batchford 
 
 Pincus 
 
 Catron 
 
 Gilbert 
 
 Lill 
 
 Quinn 
 
 Clarke 
 
 Goodyear 
 
 Lindly 
 
 Revell 
 
 Coolley 
 
 Gray 
 
 Mack 
 
 Rosenberg 
 
 Corlett 
 
 Green 
 
 Mayer 
 
 Shanahan 
 
 Cruden 
 
 Hamill 
 
 McEwen 
 
 Shuey 
 
 Cutting 
 
 Hogan 
 
 McGuire 
 
 Six 
 
 Davis 
 
 Hollenbeck 
 
 Meinert 
 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 Adams 
 
 Mighell 
 
 Pinnell 
 
 Stahl 
 
 Brandon 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeg'er 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—73. 
 
 Taff 
 
 Nays—6. 
 
 Answering present but not voting: Mr. 
 
 Rinaker 
 
 Mr. Davis moved to reconsider the vote by which 
 
 Present—1. 
 
 section 4 was 
 
 adopted. 
 
 Mr.- Shanahan moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in 
 
 the affirmative. 
 
 The Convention proceeding upon the consideration of Report No. 8, 
 of the Committee on Phraseology and Style, on the subject of Chicago 
 and Cook County, section 15 thereof was taken up and read at large. 
 Whereupon Mr. Hull offered the following amendment and moved 
 
 its adoption: 
 
 Amendment No. 11. 
 
 Amend section 15 by striking out the words “5 per cent of the full value 
 of the taxable property therein” and inserting in lieu thereof the following: 
 “7 per cent of the full value of the taxable real property therein, and by 
 inserting the word “real” after the word “taxable” in line 16. 
 
 And the amendment was adopted. 
 
 —44 C J 
 
690 
 
 JOURNAL OF THE 
 
 [May 4, 
 
 Mr. Miller offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 12. 
 
 Amend section 15 by adding thereto the following:. 
 
 “No municipal corporation wholly or partly within the city (except the 
 County of Cook) shall hereafter have its indebtedness increased without the 
 city’s consent.” 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 15, as amended, 
 
 a call of the roll was had, resulting as follows: Yeas, 69; nays, 0. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 1 
 
 Gray 
 
 McGuire 
 
 Six 
 
 Adamkiewicz 
 
 Davis 
 
 Green 
 
 Meinert 
 
 Smith 
 
 Baldwin 
 
 Dawes 
 
 Hamill 
 
 Michal 
 
 Sneed 
 
 Barr 
 
 De Young 
 
 Hogan 
 
 Miller 
 
 Sutherland 
 
 Beckman 
 
 Dryer 
 
 Hollenbeck 
 
 Mills 
 
 Tebbens 
 
 Brandon 
 
 Dunlap 
 
 Hull 
 
 Moore 
 
 Todd 
 
 Brenholt 
 
 Dupuy, Gr. A- 
 
 Iarussi 
 
 O’Brien 
 
 Traeger 
 
 Cary, C. D. 
 
 Elting 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Carlstrom 
 
 Gale 
 
 Johnson, L. C. 
 
 Parker 
 
 Wall 
 
 Catron 
 
 Ganschow 
 
 Kunde 
 
 Pincus 
 
 Warren 
 
 Clarke 
 
 Garrett 
 
 Latchford 
 
 Quinn 
 
 Wolff 
 
 Coolley 
 
 Gee 
 
 Lill 
 
 Revell 
 
 Woodward 
 
 Corlett 
 
 Gilbert 
 
 Lindly 
 
 Rosenberg 
 
 Mr. President 
 
 Cruden 
 
 Goodyear 
 
 McEwen 
 
 Shuey 
 
 Yeas— 
 Nays— 
 
 Answering present but not voting: Messrs. 
 
 Mayer Mighell Present—2. 
 
 Section 15, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Mr. Hull offered the following amendment to Report Ho. 8, to be 
 known as section 15A, and moved its adoption: 
 
 Amendment No. 13. 
 
 Amend Report No. 8, by adding a new section thereto to be known as 
 section 15A, as follows: 
 
 “Section 15A. Neither the county of Cook nor any city, township school 
 district or other municipal corporation in said county shall become indebted 
 in the aggregate, including its existing debt to an amount exceeding 7 per 
 cent of the value of the taxable real property therein as ascertained by the 
 last assessment for State and county taxes previous to incurring the debt. 
 The corporate body incurring any such debt shall before or at the time of 
 doing so provide for the collection of a direct annual tax sufficient to pay 
 the interest on the debt and to pay the principal thereof in equal annual 
 installments within twenty years, but provision may be made for the pay¬ 
 ment of any part of such debt in advance.” 
 
 And the amendment was adopted. 
 
 And the question being on the adoption of section 15A, a call of 
 the roll was had, resulting as follows: Yeas, 75; nays, 0. 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 691 
 
 Those voting in the affirmative are: 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 1 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlaj) 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Kunde 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 McEWen 
 
 McGuire 
 
 Messrs. 
 
 Meinert 
 
 Michal 
 
 Mighell 
 
 Miller 
 
 Mills 
 
 Moore 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rosenberg 
 
 Shanahan 
 
 Answering present, but not voting: Mr. 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Tebbens 
 
 Todd 
 
 Traeger 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—75. 
 
 Nays—0. 
 
 Mayer 
 
 Present—1. 
 
 Section 15A, having received the votes of a majority of the Dele¬ 
 gates ejected, was declared passed, and, under the rules, was re-referred 
 to the Committee on Phraseology and Style for action, as provided bv 
 Rule 20. 1 
 
 Section 15^ was taken up and read at large. 
 
 Whereupon Mr. Miller offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 14. 
 
 Amend section 15 y 2 by adding the word “neither” as the first word and 
 adding after the word “Chicago” the following “nor any of the municipal 
 corporations authorized by this article to be consolidated therewith” and 
 changing “no” to “any” so that it will read: “Neither the City of Chicago 
 nor any of the municipal corporations authorized bv this article to be con¬ 
 solidated herewith shall incur any.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 27; nays, 39. 
 And the amendment was lost. 
 
 The question then being on the adoption of the section, a call of 
 
 ^ ^11 --T__ur n n _ 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Carlstrom 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 ing in the affirmative are: 
 
 Messrs. 
 
 De Young 
 
 Hollenbeck 
 
 Michal 
 
 Dryer 
 
 Hull 
 
 Miller 
 
 Dunlap 
 
 Iarussi 
 
 Mills 
 
 Dupuy, G. A. 
 
 Jack 
 
 Moore 
 
 Elting 
 
 Jarman 
 
 O’Brien 
 
 Gale 
 
 Johnson, L. C. 
 
 Paddock 
 
 Ganschow 
 
 Kunde 
 
 Parker 
 
 Garrett 
 
 Latchford 
 
 Pincus 
 
 Gee 
 
 Lill 
 
 Pinnell 
 
 Gilbert 
 
 Lindly 
 
 Quinn 
 
 Goodyear 
 
 Mack 
 
 Revell 
 
 Gray 
 
 Mayer 
 
 Rosenberg 
 
 Green 
 
 McEwen 
 
 Shanahan 
 
 Hamill 
 
 McGuire 
 
 Shuey 
 
 Hogan 
 
 Meinert 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Todd 
 
 Traeger 
 
 Wall 
 
 Warren 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—72. 
 
 Nays—0. 
 
 Present—2. 
 
 Answering present but not voting: Messrs. 
 
 Cary, c. D. Stahl 
 
 Section 15 y 2 , having received the votes of a majority of the Dele¬ 
 gates elected, was declared passed, and, under the rules, was re-referred 
 
 to the Committee on Phraseology and Style for action, as provided by 
 
 Rule 20. 
 
692 journal of the [May 4, 
 
 By unanimous consent, on motion of Mr. Hull, consideration of 
 sections 16 and 17 was postponed. 
 
 Mr. Hull offered the following amendments to Report Ho. 8, to be 
 known as sections 16a and 17a, and moved their adoption: 
 
 Amendment No. 15. 
 
 Amend Report No. 8, by adding a new section thereto to be known as 
 section 16A, as follows: 
 
 “Section 16A. The City of Chicago may issue bonds (in addition to any 
 debt otherwise permitted by this Constitution) up to 15 per cent of the full 
 value of the taxable real property therein as ascertained by the last assess¬ 
 ment for State and county taxes previous to the issuing fo such bonds; but 
 any such bonds may be issued only for acquiring, leasing, constructing or 
 operating income-producing property for supplying transportation, communi¬ 
 cation, light, heat, power or water. At or before the time of issuing any 
 such bonds the city shall provide for the collection of a direct annual tax 
 sufficient to pay the interest thereon and the principal thereof within thirty 
 years. Unless otherwise provided in the ordinance authorizing the issuance 
 of any bonds for financing any such income-producing public utility such 
 bonds shall be held to be issued uyder the foregoing provisions of this sec¬ 
 tion. 
 
 “The city having issued bonds under the provisions of this section shall 
 thereafter, at least four months before any tax for the payment of the princi¬ 
 pal and interest of any such bonds or for the payment of the principal and 
 interest of any other indebtedness incurred for financing the same utility 
 becomes collectible by law, deposit with its treasurer, out of the gross earn¬ 
 ings of the utility for financing which the debt to be discharged by any such 
 tax was incurred, a sum equal in amount to such tax. The money so de¬ 
 posited shall be used only to pay such principal and interest. To the extent 
 that such funds are deposited prior to the collection of any such tax it shall 
 not be collected. 
 
 “The city having issued bonds under the provisions of this section shall 
 thereafter establish and maintain such rates or charges for the service sup¬ 
 plied as may be necessary to provide at least sufficient revenue to pay (a) 
 the principal and interest of all outstanding bonded or other indebtedness 
 incurred for financing such utility, and (b) the cost and expense involved 
 in or incidental to the ownership, operation and maintenance of such 
 utility, including reserves for repairs and renewals necessary to maintain 
 the properties in first class condition. 
 
 “Any taxpayer of the city shall have the right (which shall not be ex¬ 
 clusive in him) to enforce the provisions of this section by appropriate 
 proceedings in the Circuit Court of the county. Such court shall enforce 
 these provisions and for such purpose shall have all necessary powers in¬ 
 cluding the power to regulate the service supplied by any such utility.” 
 
 Amendment No. 16. 
 
 Amend section No. 8, by adding a new section thereto to be known as 
 section 17a, as follows: 
 
 “Section 17a. Each issue of bonds or other securities by the city for 
 financing any income-producing public utility shall be payable in substan¬ 
 tially equal annual installments of principal and interest combined begin¬ 
 ning not more than five years from the date thereof, but provisions may be 
 made for the payment of any part of such debt in advance. No such bonds 
 or other securities shall be issued unless the proposition therefor is approved 
 at an election by a majority of those voting on the question. 
 
 The City of Chicago if it shall own or operate any such public utility, 
 shall conform to the requirements for keeping such account and for the 
 audit thereof and for making reports that may be prescribed by law for a 
 like utility privately owned. 
 
 Laws may be passed in aid of this and the preceding section.” 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 693 
 
 Pending consideration, at the hour of 11:18 o’clock p. hi., Mr. 
 Mayer moved that the Convention do now adjourn. 
 
 The motion was lost. 
 
 And the Convention refused to adjourn. 
 
 The question recurring on the adoption of Amendment No. 15, it 
 was decided in the affirmative. 
 
 The question then being on the adoption of the section, pending roll 
 call, on motion of Mr. Davis, further consideration of section 16a was 
 postponed. 
 
 By unanimous consent Mr. Shanahan was excused from attendance 
 at the sessions of the Convention tomorrow. 
 
 At the hour of 11:30 o’clock p. m., Mr. Hamill moved that the 
 Convention do now adojurn until 9 :00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
694 
 
 JOURNAL OF THE 
 
 [May 5. 
 
 FRIDAY, MAY 5, 1922, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. Lewis B. Landreth, of the Immacu¬ 
 late Conception Church, of Carthage. 
 
 The Journal of Wednesday, May 3, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken 
 up and no corrections appearing was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25, the Secretary 
 called the roll of the Convention, which resulted as follows: Present, 78. 
 
 Those voting present were: Messrs. 
 
 Adama 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Smith 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Sneed 
 
 Baldwin 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Stahl 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Sutherland 
 
 Beckman 
 
 Dryer 
 
 Hollenbeck 
 
 Mills 
 
 TafE 
 
 Brandon 
 
 Dunlap 
 
 Hull 
 
 Moore 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Iarussi 
 
 Paddock 
 
 Todd 
 
 Brewster 
 
 Elting 
 
 Jack 
 
 Pincus 
 
 Torrance 
 
 Cary, C. D. 
 
 Fifer 
 
 Jarman 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 Fyke 
 
 Johnson, L. C. 
 
 Quinn 
 
 Trautmann 
 
 Catron 
 
 Gale 
 
 Kerrick 
 
 Revell 
 
 Wall 
 
 Clarke 
 
 Ganschow 
 
 Kunde 
 
 Rinaker 
 
 Warren 
 
 Coolley 
 
 Garrett 
 
 Latchford 
 
 Rosenberg 
 
 Wilson 
 
 Corlett 
 
 Gee 
 
 Bill 
 
 Shuey 
 
 Wolff 
 
 Cruden 
 
 Gilbert 
 
 Lindly 
 
 Six 
 
 Mr. President 
 
 Cutting 
 
 Goodyear 
 
 Mack 
 
 
 Present— 
 
 By unanimous consent, Mr. Kichols was excused from attendance at 
 the sessions of the Convention for the balance of this week. 
 
 The Convention proceeding upon the consideration of Report Ko. 
 18, of the Committee on Phraseology and Style, on the subject of Judicial 
 Department, section 26, of the report of the Committee of the Whole, 
 was taken up and read at large. 
 
 Mr. Sutherland moved the previous question on section 26. 
 
 And the question being “Shall the main question be now put?” it 
 was decided in the affirmative. 
 
 Mr. DeYoung offered the following as a substitute for section 26, 
 and moved its adoption: 
 
 Amend section 26 by substituting therefor the following: 
 
 “Section 26. The county of Cook shall constitute one judicial circuit. 
 On the first Monday of May, A. D. 1923, the Circuit, Superior, Criminal, 
 County and Probate Courts of Cook County, the Municipal Court of Chicago 
 and the City Court of Chicago Heights shall be consolidated into one court 
 of record, to be known as the Circuit Court of Cook County.” 
 
 The question being on the adoption of the substitute, a division of 
 the Convention was had, resulting as follows: Yeas, 42; nays, 22. 
 
 And the substitute for Amendment Xo. 26 was adopted. 
 
 The question then being on the adoption of section 26, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 59; nays, 14. 
 
1922.] • CONSTITUTIONAL CONVENTION. 695 
 
 Those 
 
 voting in the 
 
 affirmative are: Messrs. 
 
 
 Baldwin 
 
 Cutting 
 
 Green 
 
 Miller 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Moore 
 
 Taft 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Paddock 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hull 
 
 Pinnell 
 
 Torrance 
 
 Brenholt 
 
 Dryer 
 
 Jack 
 
 Quinn 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Johnson, L. 
 
 C. Revell 
 
 Trautmann 
 
 Cary, C. D. 
 
 Fifer 
 
 Kerrick 
 
 Rinaker 
 
 Wall 
 
 Carlstrom 
 
 Gale 
 
 Lill 
 
 Shuey 
 
 Warren 
 
 Catron 
 
 Gee 
 
 Lindly 
 
 Six 
 
 Wilson 
 
 Clarke 
 
 Gilbert 
 
 Mack 
 
 Smith 
 
 Wolff 
 
 Coolley 
 
 Goodyear 
 
 McGuire 
 
 Sneed 
 
 Mr. President 
 
 Corlett 
 
 Gray 
 
 Meinert 
 
 Stahl 
 
 Yeas—59. 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Adams 
 
 Elting 
 
 Iarussi 
 
 Latchford 
 
 Pincus 
 
 Adamkiewicz 
 
 Ganschow 
 
 Jarman 
 
 McEwen 
 
 Tebbens 
 
 Dupuy, G. A. 
 
 Garrett 
 
 Kunde 
 
 Mills 
 
 Nays—14. 
 
 Answering present but not voting: 
 
 Messrs. 
 
 
 Cruden 
 
 Hollenbeck 
 
 
 
 Present—2. 
 
 Section 26, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 27, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute, for 
 section 27, and moved its adoption: 
 
 Amend section 27 by substituting therefor the following: 
 
 “Section 27. The Circuit Court of Cook County shall have original juris¬ 
 diction of all causes, matters and proceedings of every kind and nature 
 requiring judicial action and of appeals from justices of the peace.” 
 
 And the substitute for section 27 was adopted. 
 
 The question then being on the adoption of section 27, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 70; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 
 Adams 
 
 Davis 
 
 Green 
 
 Mack 
 
 Sneed 
 
 Adamkiewicz 
 
 Dawes 
 
 Hamill 
 
 McGuire 
 
 Stahl 
 
 Baldwin 
 
 De Young 
 
 Hogan 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Dryer 
 
 Hollenbeck 
 
 Michal 
 
 Taff 
 
 Beckman 
 
 Dunlap 
 
 ' Hull 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 Elting 
 
 Iarussi 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Pifer 
 
 Jack 
 
 Paddock 
 
 Traeger 
 
 Brewster 
 
 Gale 
 
 Jarman 
 
 Pinnell 
 
 Trautmann 
 
 Cary, C. D. 
 
 Ganschow 
 
 Johnson, L. 
 
 C. Quinn 
 
 Wall 
 
 Carlstrom 
 
 Garrett 
 
 Kerrick 
 
 Revell 
 
 Warren 
 
 Catron 
 
 Gee 
 
 Kunde 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Gilbert 
 
 Latchford 
 
 Shuey 
 
 Wolff 
 
 Coolley 
 
 Goodyear 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Cruden 
 
 Gray 
 
 Lindly 
 
 Smith 
 
 Yeas—70. 
 
 Cutting 
 
 
 
 
 Nays—0. 
 
 Answerin 
 
 g present but not voting: 
 
 Messrs. 
 
 
 McEwen 
 
 Pincus 
 
 Tebbens 
 
 
 Present—3. 
 
 Section 27, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 28, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 28, and moved its adoption: 
 
 Amend section 28 by substituting therefor the following: 
 
 “Section 28. The Circuit Court of Cook County shall consist of thirty- 
 three judges until their number shall be increased or decreased as herein 
 
JOURNAL OF THE 
 
 [May 5. 
 
 696 
 
 provided. The judges of the Circuit, Superior, County and Probate Courts 
 of Cook County in office on the first Monday of May, A. D. 1923, except the 
 judges of the Circuit and Superior Courts of Cook County, by the adoption of 
 this Constitution made judges of the Appellate Court for the First District, 
 w hose offices as judges of the Circuit and Superior Court of said county 
 thereby cease to exist, shall be the judges of said consolidated court and 
 shall continue to hold office during the respective terms for which they were 
 elected or appointed, and until their successors are elected and shall qualify. 
 The Chief Justice and the associate judges of the Municipal Court of Chicago 
 shall be associate judges of said Circuit Court and shall continue to hold 
 office during the respective terms for which they were elected or appointed 
 as Chief Justice or associate judges of the Municipal Court of Chicago and 
 one vear in addition thereto, at the end of which terms their respective 
 offices as associate judges of said Circuit Court shall cease to exist. The 
 term of office of judges of the Circuit Court of Cook County elected after the 
 adoption of this Constitution, other than judges elected or appointed to till 
 unexpired terms, shall be six years from the day of their election. There 
 shall be elected to the office of judge of the Circuit Court of Cook Count}, at 
 the annual election in November, A. D. 1923, successors to such of the judges 
 of the Superior Court whose terms shall expire in said year; at the annual 
 election in November, A. D. 1925, a successor to the judge of the Superior 
 Court whose term shall expire in said year, together with eight additional 
 judges of said Circuit Court; at the annual election in November A. D. 192/, 
 successors to the judges of the Circuit Court and to the judge of the Superior 
 Court whose terms shall expire in said year, and to the judges of the Count} 
 and Probate Courts, elected in the year, A. D. 1922, together with eight addi¬ 
 tional judges of said Circuit Court; at the annual election in November, A. D. 
 1929, successors to the judges of the Circuit Court whose terms shall expire 
 in said year, together with eight additional judges of said Circuit Court. 
 Subsequently at the annual election in November of the year in which the 
 terms of any judges of said consolidated court shall expire and every six 
 years thereafter successors to such judges shall be elected. At all elections 
 for judges of the Circuit Court of Cook County the ballots for such judges 
 shall be separate and distinct from the ballots for all other officei s. 
 
 And the substitute for section 28 was adopted. 
 
 The question then being on the adoption of section 28, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 69; nays, 0. 
 
 Those 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 voting in the affirmative are:. 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dryer 
 
 Dunlap 
 
 Elting 
 
 Flfer 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Jack 
 
 J arman 
 
 Johnson, L. C. 
 
 Kerrick 
 
 Kunde 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Messrs. 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 WolfT 
 
 Mr. President 
 
 Yeas—69. 
 Nays—0. 
 
 Answering present but not voting: Mr. 
 
 _ _ , Present—1. 
 
 McEwen ... t> ,i -rv l x 
 
 Section 28, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Buie ~0. 
 Section 29, of the report of the Committee of the Whole, was taken 
 
 up and read at large. „ 
 
 Whereupon Mr. DeYoung offered the following as a substitute tor 
 
 section 29 and moved its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 697 
 
 Amend section 29 by substituting therefor the following: 
 
 “Section 29. The associate judges of the Circuit Court of Cook County 
 shall, until the termination of their respective offices, perform such judicial 
 duties in the classes of cases which were within the jurisdiction of the 
 Criminal Court of Cook County at the time of the adoption of this Constitu¬ 
 tion, and also in the classes of cases arising in the county of Cook of which, 
 if arising in the city of Chicago, the Municipal Court of Chicago had juris¬ 
 diction at the time of the adoption of this Constitution, as they may be 
 assigned to perform; and during the periods of their terms of office as such 
 associate judges, they shall receive the salaries allowed them by the laws 
 in force on the first Monday of May, A. D. 1922, one-half of which salaries 
 shall be payable out of the State treasury and one-lialf out of the county 
 treasury of Cook County.” 
 
 And the substitute for section 29 was adopted. 
 
 The question then being on the adoption of section 29, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 69; nays, 0. 
 
 Those 
 
 voting in the affirmative are: Messrs. 
 
 
 Adams 
 
 Davis 
 
 Gray 
 
 Mack 
 
 Sneed 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Stahl 
 
 Barr 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Sutherland 
 
 Beckman 
 
 Dryer 
 
 Hogan 
 
 Miller 
 
 Taff 
 
 Brandon 
 
 Dunlap 
 
 Hollenbeck 
 
 Mills 
 
 Todd 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Hull 
 
 Moore 
 
 Torrance 
 
 Brewster 
 
 Elting 
 
 Iarussi 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D. 
 
 Fifer 
 
 Jack 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Gale 
 
 Johnson, L. 
 
 C. Quinn 
 
 Wall 
 
 Catron 
 
 Ganschow 
 
 Kerrick 
 
 Revell 
 
 W arren 
 
 Clarke 
 
 Garrett 
 
 Kunde 
 
 Rinaker 
 
 Wilson 
 
 Coolley 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Wolff 
 
 Corlett 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Cruden 
 
 Goodyear 
 
 Lindly 
 
 Smith 
 
 Yeas—69. 
 Nays—0. 
 
 Answering present but not voting: 
 
 McEwen Pincus 
 
 Messrs. 
 
 Present—2. 
 
 Section 29, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Section 30, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 30, and moved its adoption: 
 
 Amend section 30 by substituting therefor the following: 
 
 “Section 30. The Circuit Court of Cook County shall sit at the city of 
 Chicago. The General Assembly may, however, provide for the holding of 
 branches of said court in cities, villages and incorporated towns within said 
 county, other than the city of Chicago, which have a population of at least 
 five thousand inhabitants, providing suitable quarters for the holding of 
 such branches of said court shall be provided by such cities, villages and 
 incorporated towns without expense to the county or the State.” 
 
 And the substitute for section 30 was adopted. 
 
 The question then being on the adoption of section 30, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 70; nays, 0. 
 
698 
 
 JOURNAL OF THE 
 
 [May 5, 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Green 
 
 McEwen 
 
 Sneed 
 
 Adamkiewicz 
 
 Davis 
 
 Hamill 
 
 McGuire 
 
 Stahl 
 
 Baldwin 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 De Young 
 
 Hollenbeck 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 Dunlap 
 
 Iarussi 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jack 
 
 Paddock 
 
 Traeger 
 
 Brewster 
 
 Elting 
 
 J arman 
 
 Pinnell 
 
 Trautmann 
 
 Cary, C. D. 
 
 F'ifer 
 
 Johnson, Lt. C. 
 
 Quinn 
 
 Wall 
 
 Carlstrom 
 
 Gale 
 
 Kerrick 
 
 Revell 
 
 Warren 
 
 Catron 
 
 Ganschow 
 
 Kunde 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Wolff 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Smith 
 
 Yeas—70. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Answering present but not voting: Mr. 
 
 Pincus Present—1. 
 
 Section 30, having received the votes of a majority of' the Delegates 
 elected, was declared passed, and, under the rules, was re-ref erred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 At the hour of 12 :40 o’clock p. m., Mr. Gale moved that the Con¬ 
 vention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :00 o'Clock P. M. 
 
 The hour of 2:00 o’clock p. m. having arrived, the Convention 
 resumed its session. 
 
 The President presiding. 
 
 Section 31, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 31, and moved its adoption: 
 
 Amend section 31 by substituting therefor the following: 
 
 “Section 31. The Supreme Court shall establish two divisions of the 
 Circuit Court of Cook County, one to be known as the criminal division 
 which shall dispose of all cases of criminal or quasi-criminal nature, and the 
 other to be known as the civil division which shall dispose of all other cases 
 and matters not criminal and shall assign from time to time the judges and 
 associate judges of said court to service in the respective divisions. One of 
 the judges assigned to each division, to be designated by the Supreme Court, 
 shall be the Chief Justice of such division and shall have power and authority 
 to establish departments and branches thereof, to appoint presiding judges 
 of departments; to assign the judges and associate judges serving in such 
 division to duties in such departments and branches, and to change such 
 appointments and assignments from time to time as the prompt and proper 
 dispatch of the business of said court may require. The judges and associate 
 judges so assigned shall perform the duties appertaining to such assign¬ 
 ments.” 
 
 And the substitute for section 31 was adopted. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 12. 
 
 Amend section 31, as amended, by inserting in the 9th line after the 
 word “have” and before the word “power” the word “such,” and by striking 
 out from the 10th line and following lines everything after the word 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 699 
 
 “authority” in the 10th line and by inserting in lieu of part stricken out the 
 following: “as may be provided by the Supreme Court.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 31, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 65; nays, 0. 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Green 
 
 McGuire 
 
 Stahl 
 
 Adamkiewicz 
 
 Davis 
 
 Hamill 
 
 Meinert 
 
 Sutherland 
 
 Baldwin 
 
 Dawes 
 
 Hogan 
 
 Miller 
 
 Taft 
 
 Barr 
 
 De Young 
 
 Hollenbeck 
 
 Mills 
 
 Todd 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Moore 
 
 Torrance 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Traeger 
 
 Brenholt 
 
 F'ifer 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Brewster 
 
 Gale 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Cary, C. D. 
 
 Garrett 
 
 Kunde 
 
 Revel 1 
 
 Warren 
 
 Catron 
 
 Gee 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Gilbert 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Coolley 
 
 Goodyear 
 
 Lindly 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 Smith 
 
 Yeas—6 
 Nays— 
 
 Section 31, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 33, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 33, and moved its adoption : 
 
 Amend section 33 by substituting therefor the following: 
 
 “Section 33. The General Assembly may increase the number of judges 
 of the Circuit Court of Cook County, in addition to the increases hereinbefore 
 provided, by adding one thereto for every additional fifty thousand inhabit¬ 
 ants in said county above the population of three million four hundred 
 thousand. The number of the judges of said court may also be decreased 
 by the General Assembly whenever in its judgment such decrease shall be 
 justified.” 
 
 And the substitute for section 33 was adopted. 
 
 The question then being on the adoption of section 33, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 70; nays, 0. 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 ng in the affirmative are: 
 
 Messrs. 
 
 
 Cutting 
 
 Goodyear 
 
 Mack 
 
 Smith 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Stahl 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Sutherland 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Taff 
 
 Dryer 
 
 Hogan 
 
 Miller 
 
 Todd 
 
 Dunlap 
 
 Hollenbeck 
 
 Mills 
 
 Torrance 
 
 Dupuy, G. A. 
 
 Hull 
 
 Moore 
 
 Traeger 
 
 Elting 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Fifer 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Gale 
 
 Johnson, L. C. 
 
 Quinn 
 
 Warren 
 
 Ganschow 
 
 Kunde 
 
 Revel l 
 
 Wilson 
 
 Garrett 
 
 Latchford 
 
 Rinaker 
 
 Wolff 
 
 Gee 
 
 Lill 
 
 Shuey 
 
 Mr. President 
 
 Gilbert 
 
 Lindly 
 
 Six 
 
 Yeas—' 
 
 Nays—0. 
 
 Section 33, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 34, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 34, and moved its adoption: 
 
700 
 
 JOURNAL OF THE 
 
 [May 5, 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Clarke 
 Cruden 
 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fifer 
 Gale 
 
 Ganschow 
 Garrett 
 Goodyear 
 Gray 
 
 McEwen 
 McGuire 
 Meinert 
 Miller 
 Mills 
 Moore 
 Pinnell 
 Quinn 
 Rinaker 
 'Shuey 
 Six 
 Smith 
 Stahl 
 
 Sutherland 
 
 Taft 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—63. 
 Nays—0. 
 
 Amend section 34 by substituting therefor the following: 
 
 “Section 34. The Supreme Court may authorize the Chief Justices of the 
 • -i \nri criminal divisions of the Circuit Court of Cook County, b> and 
 wUl the adWce and‘consent of a majority of the judges of said court to 
 onDoint assistants, who shall have such judicial or other powers and duties 
 t tn 4-^p business before said court as the Supreme Couit maj, by 
 rule ’describeThe^ salaries of said assistants shall be fixed by the. board 
 of commTssioners of Cook County and shall be paid out of the county treasury 
 
 of that county.” 
 
 And the substitute for section 34 was adopted. 
 
 The question then being on the adoption of section 34, as amended, 
 a call of the roll was had, resulting as follows: Teas, b3; nays, > . 
 
 Those voting in the affirmative are: Messrs 
 
 Davis Green 
 
 Dawes Hamill 
 
 DeYoung Hogan 
 
 Dryer Holl0nt)®clc 
 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C 
 Kunde 
 Latchford 
 Lill 
 Lindly 
 
 m Bray Mack - . . 
 
 Section 34, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-re era o 
 Committee on Phraseology and Style for action, as provided by hule 20. 
 Section 32, of the report of the Committee of the Whole, was taken 
 
 Tip a ^ h r e e ^^ n ^ q a. Dupuy offered the following as a substitute 
 for section 32, and moved its adoption: 
 
 SrtPhfe “lT be in office^ 
 
 Circuit Court until otherwise provided by law. 
 
 Ancl the substitute for section 32 was adopted. l f | 
 
 The question then being on the adoption of section o,, as amended, 
 
 a call of the roll was had, resulting as follows: leas, ti, nays, u. 
 Those voting in the affirmative are: Messrs. 
 
 Cutting Gray 
 
 Davis 
 
 Dawes Hamill 
 
 Hogan 
 Hollenbeck 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C. 
 
 Kerrick 
 Kunde 
 Latchford 
 Lill 
 Lindly 
 Mack 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 DeYoung 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 McEwen 
 
 McGuire 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—72. 
 Nays—0. 
 
CONSTITUTIONAL CONVE^TIO^. 
 
 1922.] 
 
 701 
 
 Section 32, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 35, of the report of the Committee of the Whole, was taken 
 
 up and read at large. . J 
 
 Whereupon Mr. DeYoung offered the following as a substitute tor 
 
 section 35, and moved its adoption: 
 
 Amend section 35 by substituting therefor the following. 
 
 “Section 35. The electors of Cook County, equal in number to one-tenth 
 of the total vote cast for president of the county board at the last preceding 
 election may file in the Circuit Court of Cook County a petition to submit to 
 a vote the proposition whether the county shall adopt the system hereinafter 
 provided for the appointment of the judges of the Circuit Court ol Cook 
 County. Thereupon the Chief Justice of the civil division of that court by 
 an order entered of record shall call a special county election for submitting 
 such proposition within ninety days after such order is entered. The elec¬ 
 tion shall be held under the election laws in force in the county. It the 
 proposition is approved by a majority of those voting thereon, it shall be 
 declared adopted by such Chief Justice. If the proposition is not approved 
 it shall not again be submitted for six years. The form of the petition and 
 its verification, and of the ballots to be used at the election, the manner o 
 voting, the public notice to be given, the method of certifying and recording 
 the result of the election, and other necessary details shall be prescribed by 
 law, or by the Supreme Court if not prescribed by law. After the adoption 
 of such proposition the manner of choosing judges of said Circuit Couit 
 shall be as follows: The Governor shall fill any vacancy in those courts by 
 appointment from a list containing the names of not less than foui eligible 
 persons for each vacancy, nominated by a majority of the Supreme Court 
 not more than one-half of such persons to be affiliated with the same political 
 party. Each judge so appointed shall hold his office during good behavior, 
 subject to removal as herein provided. At the annual election every sixth 
 year after the adoption of such system of appointment, the electois of the 
 county shall be given an opportunity to express their disapproval of the 
 judges so appointed and then in office. The method of voting, the form of 
 ballots to be used at such election and other necessary details, shall be pre¬ 
 scribed by law. If a majority of those voting at the election express, their 
 disapproval of any judge, his office shall become vacant at the expiration of 
 ninety days after the election, and for a period of six years thereafter he 
 shall be ineligible to appointment as a judge of such court.” 
 
 And the substitute for section 35 was adopted. 
 
 The question then being on the adoption of section 35, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 64; nays, 8. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Goodyear 
 
 Mack 
 
 Shuey 
 
 Baldwin 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Six 
 
 Barr 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Smith. 
 
 Beckman 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Stahl 
 
 Brandon 
 
 Dryer 
 
 Hogan 
 
 Miller 
 
 Sutherland 
 
 Brenholt 
 
 Dunlap 
 
 Hollenbeck 
 
 Mills 
 
 Todd 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Hull 
 
 Moore 
 
 Torrance 
 
 Cary, C. D. 
 
 Elting 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Carlstrom 
 
 Fifer 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Catron 
 
 Gale 
 
 Johnson, L. 
 
 C. Quinn 
 
 Warren 
 
 Clarke 
 
 Garrett 
 
 Kerrick 
 
 Revell 
 
 Wilson 
 
 Coolley 
 
 Gee 
 
 Dill 
 
 Rinaker 
 
 Wolff 
 
 Corlett 
 
 Gilbert 
 
 Lindly 
 
 Rosenberg 
 
 Mr. President 
 
 Yeas—64 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Adamkiewicz 
 
 Kunde 
 
 Pincus 
 
 Tebbens 
 
 Traeger 
 
 Ganschow 
 
 Latchford 
 
 Sneed 
 
 
 .Nays—: 
 
702 
 
 JOUKNAL OF THE 
 
 [May 5. 
 
 Answering present but not voting: Mr. 
 
 Cruden Present—1. 
 
 Section 35, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 36, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. Sutherland offered the following as a substitute for 
 section 36, and moved its adoption: 
 
 Amend section 36 by substituting therefor the following: 
 
 “Section 36. The clerk of the Circuit Court of Cook County in office on 
 the first Monday of May, A. D. 1923, shall be the clerk of the Circuit Court 
 herein provided and the clerks of the Superior, Criminal and Probate Courts 
 of Cook County and of the Municipal Court of Chicago shall during the terms 
 for which they were respectively elected, be chief deputy clerks of the 
 Circuit Court of Cook County, exercising the same powers, performing the 
 same duties and receiving the same salaries as on the first Monday of May 
 A. D. 1923. At the November election in the year A. D. 1924, and every four 
 years thereafter, there shall be elected a clerk of the Circuit Court of Cook 
 County.” 
 
 And the substitute for section 36 was adopted. 
 
 The question then being on the adoption of section 36, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Green 
 
 McEwen 
 
 Sneed 
 
 Adamkiewicz 
 
 Dawes 
 
 Hamill 
 
 McGuire 
 
 Stahl 
 
 Baldwin 
 
 De Young 
 
 Hogan 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Dryer 
 
 Hollenbeck 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dunlap 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Brewster 
 
 F'ifer 
 
 Johnson, L. 
 
 C. Pinnell 
 
 Trautmann 
 
 Cary, C. D. 
 
 Gale 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Carlstrom 
 
 Ganschow 
 
 Kunde 
 
 Revell 
 
 Warren 
 
 Catron 
 
 Garrett 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Coolley 
 
 Gilbert 
 
 Lindly 
 
 Six 
 
 Mt. President 
 
 Corlett 
 
 Cutting 
 
 Goodyear 
 
 Gray 
 
 Mack 
 
 Smith 
 
 Yeas—71. 
 Nays—0. 
 
 Answering present but not voting: 
 Cruden 
 
 Mr. 
 
 Present—1. 
 
 Section 36, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Mr. DeYoung offered the following amendment to Report Yo. 18, to 
 be known as section 36A, and moved its adoption: 
 
 Amendment No. 13. 
 
 Amend Report No. 18 by adding a new section thereto to be known as 
 section 36A, as follows: 
 
 “Section 36A. After five years from the adoption of this Constitution 
 the General Assembly may divide the Circuit Court of Cook County into, and 
 divide the jurisdiction thereof between two courts both of which shall be 
 governed by the provisions of this article so far as applicable. Before the 
 act providing for such division shall become effective it shall be approved by 
 a majority of those voting on the question at a general election.” 
 
 And the amendment was adopted. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 703 
 
 The question then being on the adoption of section 36a, a call of 
 the roll was had, resulting as follows: Yeas, 'll; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 Mack 
 
 Sneed 
 
 Adamkiewicz 
 
 Davis 
 
 Green 
 
 Me E wen 
 
 Stahl 
 
 Baldwin 
 
 Dawes 
 
 Hamill 
 
 McGuire 
 
 Sutherland 
 
 Barr 
 
 De Young 
 
 Hogan 
 
 Meinert 
 
 Taft 
 
 Beckman 
 
 Dryer 
 
 Hollenbeck 
 
 Miller 
 
 Todd 
 
 Brandon 
 
 Dunlap 
 
 Hull 
 
 Mills 
 
 Torrance 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jack 
 
 Moore 
 
 Traeger 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Gale 
 
 Kerrick 
 
 Revell 
 
 Warren 
 
 Catron 
 
 Ganschow 
 
 Kunde 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Garrett 
 
 Batchford 
 
 Shuey 
 
 Wolff 
 
 Coolley 
 
 Gee 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Gilbert 
 
 Lindly 
 
 Smith 
 
 Yeas—71. 
 
 Cruden 
 
 Goodyear 
 
 
 
 Nays—0. 
 
 Section 36A, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 37, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 37, and moved its adoption: 
 
 Amend section 37 by substituting therefor the following: 
 
 “Section 37. The Chief Justice of the civil division of the Circuit Court 
 of Cook County shall appoint a justice of the peace and constable in and for 
 each town in the county of Cook outside of the city of Chicago, and in and 
 for that portion of each town partly within and partly without said city 
 w'hich is outside of said city, each of whom shall hold his office for the period 
 of two years. Any such justice of the peace or constable may be removed 
 from office at any time by said Chief Justice, and the cause for every such 
 removal shall be entered of record. Such justices of the peace shall have the 
 same jurisdiction and such constables shall perform the same duties as 
 justices of the peace and constables respectively have and perform outside of 
 the county of Cook. An additional justice of the peace and constable may be 
 appointed in and for each such town or portion of a town for every addi¬ 
 tional ten thousand inhabitants therein, or major portion thereof, above a 
 population of ten thousand. Said justices and constables shall receive the 
 respective salaries fixed by the board of county commissioners, which sal¬ 
 aries shall be paid by the county of Cook; and all fees and emoluments re¬ 
 ceived by them shall be paid into the treasury of that county.” 
 
 And the substitute for section 37 was adopted. 
 
 The question then being on the adoption of section 37, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 70; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Me E wen 
 
 Sneed 
 
 Adamkiewicz 
 
 Davis 
 
 Hamill 
 
 McGuire 
 
 Stahl 
 
 Baldwin 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 De Young 
 
 Hollenbeck 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Brewster 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Cary, C. D. 
 
 Fifer 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Carlstrom 
 
 Gale 
 
 Kunde 
 
 Revell 
 
 Warren 
 
 Catron 
 
 Ganschow 
 
 Batchford 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Garrett 
 
 Bill 
 
 Shuey 
 
 Wolff 
 
 Coolley 
 
 Goodyear 
 
 Bindly 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 Smith 
 
 Yeas—70. 
 Nays—0. 
 
704 
 
 JOURNAL OF THE 
 
 [May 5, 
 
 Section 37, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 1, of the report of the Committee of the Whole was again 
 taken up. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 1, and moved its adoption: 
 
 Amend section 1 by substituting therefor the following: 
 
 “Section 1. The judicial powers shall be vested in the Supreme Court, 
 Appellate, Circuit and County Courts and justices of the peace.” 
 
 And the substitute for section 1 was adopted. 
 
 The question then being on the adoption of section 1, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 McEwen 
 
 Sneed 
 
 Adamkiewicz 
 
 Davis 
 
 Green 
 
 McGuire 
 
 Stahl 
 
 Baldwin 
 
 Dawes 
 
 Hamill 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 De Young 
 
 Hogan 
 
 Miller 
 
 Taft 
 
 Beckman 
 
 Dryer 
 
 Hollenbeck 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 Dunlap 
 
 Hull 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jack 
 
 Paddock 
 
 Traeger 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Pinnell 
 
 Trautmann 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, L. C. 
 
 Quinn 
 
 Wall 
 
 Carlstrom 
 
 Gale 
 
 Kerrick 
 
 Revell 
 
 Warren 
 
 Catron 
 
 Ganschow 
 
 Kunde 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Coolley 
 
 Gee 
 
 Lindly 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Gilbert 
 
 Mack 
 
 Smith 
 
 Yeas—71. 
 
 Cruden 
 
 Goodyear 
 
 
 
 Nays—0. 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 3, of the report of the Committee of the Whole, was again 
 taken up. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 3, and moved its adoption: 
 
 Amend section 3 by substituting therefor the following: 
 
 “Section 3. The Supreme Court shall have original jurisdiction in cases 
 relating to the revenue, in quo warranto, mandamus, habeas corpus, pro¬ 
 hibition and other cases involving questions of great public importance, and 
 appellate jurisdiction in all cases. It shall have exclusive power to pre¬ 
 scribe rules of pleading, practice and procedure in all courts; provided, that 
 the Appellate, Circuit and County Courts shall have power to make rules 
 for their respective courts not inconsistent with the rules prescribed by the 
 Supreme Court.” 
 
 And the substitute for section 3 was adopted. 
 
 The question then being on the adoption of section 3, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 70; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 705 
 
 Those voting in the affirmative are: 
 
 Cutting Goodyear 
 
 Davis Gray 
 
 Dawes Green 
 
 De Young 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 
 Elting 
 Fifer 
 Gale 
 
 Ganschow 
 Garrett 
 Gee 
 Gilbert 
 
 Messrs. 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carl strom 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Kerrick 
 
 Kunde 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 Sneed 
 
 McEwen 
 
 Stahl 
 
 McGuire 
 
 Sutherland 
 
 Meinert 
 
 Taff 
 
 Miller 
 
 Todd 
 
 Mills 
 
 Torrance 
 
 Moore 
 
 Traeger 
 
 Paddock 
 
 Trautmann 
 
 Pinnell 
 
 Wall 
 
 Revell 
 
 Warren 
 
 Rinaker 
 
 Wilson 
 
 Shuey 
 
 Wolff 
 
 Six 
 
 Mr. President 
 
 Smith 
 
 Yeas— 
 
 Nays—0. 
 
 Section 3, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 5, of the report of the Committee of the Whole, was taken 
 
 up and read at large. 
 
 Whereupon Mr. Trautmann offered the following as a substitute tor 
 
 section 5, and moved its adoption: 
 
 Amend section 5 by substituting therefor the following: 
 
 “Section 5. The Supreme Court shall consist of nine justices, one of 
 whom to be chosen by themselves, shall be Chief Justice. A majority of toe 
 justices shall constitute a quorum and the concurrence of five shall be neces¬ 
 sary to every decision.” 
 
 Pending discussion, Mr. Brandon moved the previous question. 
 And the question being, “Shall the main question he now put ?” it 
 was decided in the affirmative. 
 
 And the question being on the adoption of the substitute for section 
 5, a division of the Convention was had, resulting as follows: Teas, 24, 
 nays, 43. 
 
 And the substitute for section 5 was lost. 
 
 The question then being on the adoption of section 5, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 66; nays, 7. 
 
 Messrs. 
 
 Those voting in the affirmative are 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Clarke 
 Coolley 
 Corlett 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Jack 
 
 .T arman 
 
 Johnson, L. C. 
 
 Kerrick 
 
 Kunde 
 
 Latch ford 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pinnell 
 
 Quinn 
 
 Revel 1 
 
 Rinaker 
 
 Shuey 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—66. 
 
 Messrs. 
 
 Stahl 
 
 Tebbens 
 
 Those voting in the negative are: 
 
 Cruden McEwen Smith - - 
 
 DeYoung Pincus in ays <• 
 
 Section 5, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology aud Style for action, as provided by Rule 20. 
 Mr. Jarman moved to reconsider the vote by which section 5 was 
 
 adopted. 
 
 —45 C J 
 
706 
 
 JOURNAL OF THE 
 
 [May 5, 
 
 Mr. Green moved to lay that motion on the table. 
 
 And the question being on the motion to table, it u as ciecided in the 
 
 affirmative. , , 
 
 Section 6, of the report of the Committee of the Whole, was taken 
 
 up and read at large. . 
 
 Whereupon Mr. Mack offered the following as a substitute for sec 
 
 tion 6 and moved its adoption: 
 
 Amend section 6 by substituting therefor the following: 
 
 “Section 6. The State shall be divided into six districts for the election 
 
 ^‘The First District shall consist of the county of Cook and two justices 
 shall be elected from that district. The State outside the county of Cook 
 shall be divided into five districts for the election of justices, and until other¬ 
 wise provided by law, they shall be as follows. , 
 
 “Second District: The counties of Lake, McHenry, Boone, W mneba o 0 , 
 Stephenson, JoDavies, Carrol, Ogle, DeKalb, Kane, DuPage, Lee, Rock Is an , 
 
 “Third District: The counties of Henry, Bureau, LaSalle, Grundy, Ken¬ 
 dall, Woodford, Tazewell, Mason, Livingston, Marshall. Putnam, Peoria, 
 Stark, Knox, Fulton, Schuyler, Hancock, McDonough, Henderson, Warren 
 
 cl H *"1 ]\I GTCGT 
 
 “Fourth District: The counties of Will, Kankakee, McLean, Ford, Iro¬ 
 quois, Champaign, Vermilion, Edgar, Douglas, Clark, Coles, Mou trie, ia , 
 
 DeWitt, Macon, Logan, Menard and Sangamon. 
 
 “Fifth District: The counties of Adams, Brown, Pike, Cass, Scott, 
 Morgan, Calhoun, Green, Jersey, Macoupin, Madison, Bond, Montgomery, 
 Christian, Shelby, Fayette, Effingham, Marion, Clay, Richmond, Jasper, Cum¬ 
 berland, Crawford and Lawrence. TTT . . , ,, 
 
 “Sixth District: The counties of St. Clair, Clinton, Washington, Monroe, 
 Randolph, Perry, Jackson, Union, Alexander, Pulaski,. Massac, Johnson, 
 Williamson, Franklin, Jefferson, Wayne, Hamilton, Saline, Pope, Hardin, 
 
 Gallatin, White, Edwards and Wabash. + 
 
 “One justice shall be elected from each of the said districts numbered 
 
 2, 3, 4, 5 and 6.” 
 
 And the substitute for section 6 was adopted. 
 
 The question then being on the adoption of section 6, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 71; nays, 1. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 Gray 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 Jack * 
 Jarman 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Datchford 
 Dill 
 
 Lindly 
 
 Mack 
 
 McEwen 
 
 McGuire 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—71. 
 
 Nays—1. 
 
 Cruden 
 
 Those voting in the negative are: Mr. 
 
 DeYoung . „ i ± 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Mr. Hollenbeck moved to reconsider the vote by which section 6 was 
 
 adopted. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 707 
 
 Mr. Green moved to lay that motion on the table. 
 
 And the question being on the motion to table it was decided in the 
 affirmative. 
 
 Section 11, of the report of'the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 11 and moved its adoption: 
 
 Amend section 11 by substituting therefor the following: 
 
 “Section 11. Appeals from and writs of error to Circuit and County 
 Courts may be prosecuted in all cases, as follows: 
 
 “To or from the Supreme Court in all criminal cases in which the pun¬ 
 ishment allowed by law may be death or imprisonment in the penitentiary 
 and in all cases in which a franchise or freehold or the validity of a statute 
 
 is involved; 
 
 “To or from the Appellate Courts in such other cases as may be pre¬ 
 scribed by general rule of the Supreme Court; 
 
 “To or from the Supreme Court in all other cases. 
 
 “Except as above provided, the Supreme Court, by general rule, may 
 prescribe the final jurisdiction of Appellate Courts, unless otherwise pro¬ 
 vided by law.” 
 
 And the substitute for section 11 was adopted. 
 
 The question then being on the adoption of section 11 as amended, 
 a call of the roll was had, resulting as follows: Yeas, 73; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cruden 
 
 Gilbert 
 
 Mack 
 
 Adamkiewicz 
 
 Cutting 
 
 Goodyear 
 
 McEwen 
 
 Baldwin 
 
 Davis 
 
 Gray 
 
 McGuire 
 
 Barr 
 
 Dawes 
 
 Green 
 
 Meinert 
 
 Beckman 
 
 De Young 
 
 Hamill 
 
 Miller 
 
 Brandon 
 
 Dietz 
 
 Hogan 
 
 Mills 
 
 Brenholt 
 
 Dryer 
 
 Hollenbeck 
 
 Moore 
 
 Brewster 
 
 Dunlap 
 
 Hull 
 
 Paddock 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jack 
 
 Pinnell 
 
 Carlstrom 
 
 Elting 
 
 Jarman 
 
 Quinn 
 
 Catron 
 
 Fifer 
 
 Johnson, L. C. 
 
 Revell 
 
 Chew 
 
 Gale 
 
 Kerrick 
 
 Rinaker 
 
 Clarke 
 
 Gansqhow 
 
 Latchford 
 
 Shuey 
 
 Coolley 
 
 Garrett 
 
 Lill 
 
 Six 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Teas—73. 
 Nays—0. 
 
 Section 11, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Pule 20. 
 Mr. Jarman asked unanimous consent of the Convention to make a 
 
 motion to reconsider the vote by which section 4, of Report Yo. 11, was 
 adopted, for the purpose of making a specific amendment. 
 
 Unanimous consent being granted, Mr. Jarman moved to reconsider 
 the vote by which section 4, of Report No. 11, was heretofore adopted on 
 February 28. 
 
 And the motion prevailed. 
 
 Mr. Jarman thereupon offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 43. 
 
 Amend section 4, of article 9, in Report No. 11, by inserting the word 
 “net” between the words “all” and “incomes,” in the second line thereof. 
 
 And the amendment was adopted. 
 
708 
 
 JOURNAL OP THE 
 
 [May 5, 
 
 Mr. Jarman moved to suspend the rules for the purpose of offering 
 a further amendment. 
 
 And the question being on the motion to suspend the rules, a 
 division of the Convention was had, resulting as follows: Yeas, 56; 
 nays, 9. 
 
 And the motion prevailed. 
 
 Whereupon Mr. Jarman offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 44. 
 
 Amend section 4, of article 9, in Report No. 11, by adding after the word 
 “valuation” in the last line of section 4, the following: “or taxes paid under 
 section 5 of this article.” 
 
 The question being on the adoption of the amendment, on demand 
 of five Delegates, a call of the roll was had, resulting as follows: Yeas, 
 
 54: navs, 10. 
 
 y J y 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Davis 
 
 Hollenbeck 
 
 Miller 
 
 Sutherland 
 
 Barr 
 
 De Young 
 
 Hull 
 
 Mills 
 
 Taff 
 
 Beckman 
 
 Dietz 
 
 Jarman 
 
 Moore 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Kerrick 
 
 Paddock 
 
 Todd 
 
 Brewster 
 
 Elting 
 
 Latchford 
 
 Pincus 
 
 Torrance 
 
 Cary, C. D. 
 
 Gale 
 
 Lill 
 
 Pinnell 
 
 Traeger 
 
 Chew 
 
 Ganscliow 
 
 Lindly 
 
 Quinn 
 
 Trautmann 
 
 Clarke 
 
 Garrett 
 
 Mack 
 
 Revell 
 
 Warren 
 
 Corlett 
 
 Goodyear 
 
 McEwen 
 
 Pcinaker 
 
 Wilson 
 
 Cruden 
 
 Green 
 
 McGuire 
 
 Shuey 
 
 Mr. President 
 
 Cutting 
 
 Hamill 
 
 Meinert 
 
 Stahl 
 
 Yeas—54. 
 
 Those voting in the 
 
 negative are: 
 
 Messrs. 
 
 
 Adamkiewicz 
 
 Dunlap 
 
 Gilbert 
 
 Jack 
 
 Wall 
 
 Carlstrom 
 
 Gee 
 
 Hogan 
 
 Sneed 
 
 Wolff 
 
 
 
 
 
 Nays—10. 
 
 Answering present but not voting: 
 
 Messrs. 
 
 
 Fifer 
 
 Gray 
 
 
 
 Present—2. 
 
 And the amendment was adopted. 
 
 Mr. Pincus moved to suspend the rules for the purpose of offering 
 an amendment. 
 
 And the question being on the motion to suspend the rules, a 
 division of the Convention was had, resulting as follows: Yeas, 50; 
 nays, 0. 
 
 And the motion prevailed. 
 
 Whereupon Mr. Pincus offored the following amendment and moved 
 its adoption: 
 
 Amendment No. 45. 
 
 Amend section 4, by adding at the end thereof the following: 
 
 “An exemption not to exceed one thousand ($1,000.00) dollars may he 
 allowed to the head of a family and two hundred ($200) dollars for each and 
 every dependent child under sixteen years of age.” 
 
 The question being on the adoption of the amendment, a division 
 of the Convention was had, resulting as follows: Yeas, 39; nays, 23. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 4, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 63; nays, 5. 
 
1922.] CONSTITUTIONAL CONVENTION. 709 
 
 Those voting in the affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Cutting’ 
 
 Green 
 
 McEwen 
 
 Sneed 
 
 Adamkiewicz 
 
 Davis 
 
 Hamill 
 
 McGuire 
 
 Stahl 
 
 Baldwin 
 
 Dawes 
 
 Hogan 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 De Young 
 
 Hollenbeck 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dietz 
 
 Hull 
 
 Mills 
 
 Tebbens 
 
 Brenholt 
 
 Dryer 
 
 Jack 
 
 Moore 
 
 Todd 
 
 Brewster 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 Torrance 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Johnson, L. 
 
 C. Pincus 
 
 Traeger 
 
 Carlstrom 
 
 Elting 
 
 Kunde 
 
 Pinnell 
 
 Trautmann 
 
 Catron 
 
 Gale 
 
 Latchford 
 
 Quinn 
 
 Warren 
 
 Clarke 
 
 Ganschow 
 
 Dill 
 
 Shuey 
 
 Wolff 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Smith 
 
 Mr. President 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Yeas—63. 
 
 Those voting in the 
 
 negative are: 
 
 Messrs. 
 
 
 Gee 
 
 Gilbert 
 
 Pdnaker 
 
 Wall 
 
 Wilson 
 
 Nays—5. 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Rule 20. 
 
 Mr. Jarman moved to reconsider the vote by which section 4 was 
 adopted. 
 
 Mr. Mack moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in the 
 affirmative. 
 
 Mr. Gale asked unanimous consent of the Convention to make a 
 motiofi to reconsider the vote by which section 9, of Report No. 11, was 
 heretofore adopted, for the purpose of offering a specific amendment. 
 
 Unanimous consent being granted, Mr. Gale moved that the vote by 
 which section 9, of Report No. 11, was heretofore adopted on March 1, 
 be reconsidered for the sole and only purpose of offering one amendment. 
 
 And the question being on the motion to reconsider, it was decided 
 in the affirmative. 
 
 Whereupon Mr. Gale offered the following amendment and moved 
 its adoption: 
 
 . Amendment No. 46. 
 
 Amend section 9 of article 9 by striking out the last clause thereof and 
 inserting in lieu the following words: “The General Assembly may provide 
 by law that the holder of any tax title based on any tax sale hereafter made 
 may waive claim of title to the land sold and be subrogated to the tax lien 
 for which sale was made and proceed in equity to foreclose such lien with 
 such additional penalties as may be provided by law.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 9, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 65; nays, 2. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Goodyear 
 
 Mack 
 
 Shuey 
 
 Adamkiewicz 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Smith 
 
 Baldwin 
 
 Dawes 
 
 Hamill 
 
 McGuire 
 
 Sneed 
 
 Barr 
 
 De Young 
 
 Hogan 
 
 Meinert 
 
 Stahl 
 
 Beckman 
 
 Dietz 
 
 Hollenbeck 
 
 Miller 
 
 Taff 
 
 Brandon 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Tebbens 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Todd 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Torrance 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Trautmann 
 
 Carlstrom 
 
 Gale 
 
 Kunde 
 
 Pinnell 
 
 Wall 
 
 Catron 
 
 Ganschow 
 
 Latchford 
 
 Quinn 
 
 W arren 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Revel 1 
 
 Wilson 
 
 Corlett 
 
 Cruden 
 
 Gilbert 
 
 Lindly 
 
 Rinaker 
 
 Mr. President 
 
 Yeas—65 
 
710 
 
 JOURNAL OF THE 
 
 [May 5, 
 
 Those voting in the negative are: Messrs. 
 
 Fifer Gee * Nays—2. 
 
 Section 9, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Gale asked nnanimons consent of the Convention to make a 
 motion to reconsider the vote by which section 13, of Report ho. 11, was 
 adopted, for the purpose of making a specific amendment 
 
 Unanimous consent being granted, Mr. Gale moved to reconsider 
 the vote by which section 13, of Report No. 11, was heretofore adopted 
 
 on March 1. 
 
 And the motion prevailed. . ^ 
 
 Whereupon Mr. Gale offered the following amendment and mo\ed 
 
 its adoption: 
 
 Amendment No. 47. 
 
 Amend section 13, of article 9, in Report No. 11, by inserting therein 
 after\he word “made” in the next to the last line thereof the words before 
 
 or at the time of incurring such debt.” 
 
 And the amendment was adopted. A 
 
 The question then being on the adoption of section lo, as amended, 
 
 a call of the roll was had, resulting as follows: Yeas, 67; nays, a 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brenholt 
 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Clarke 
 Corlett 
 Cruden 
 Cutting 
 
 Dawes 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Fifer 
 Gale 
 
 Ganschow 
 Garrett 
 Goodyear 
 Gray 
 Hamill 
 
 Hogan 
 Hollenbeck 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Latchford 
 Dill 
 Lindly 
 Alack 
 McEwen 
 McGuire 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas—67. 
 Nays—0. 
 
 ig Hamill 
 
 Mr. Sneed moved to reconsider the vote by which section 13 was 
 
 adopted.^ ^ question being on the mo tion to reconsider, a division of the 
 Convention was had, resulting as follows: Yeas, o3 ; nays, 0. 
 
 The motion prevailed. 
 
 And section 13 was again taken up. 
 
 Whereupon Mr. Sneed offered the following amendment and moved 
 its adoption: 
 
 Amendment No. 48. 
 
 Amend section 13 by inserting the word “or” in the first line before the 
 word “school”- by striking out the words “or other municipal corporation 
 in the second line; and by inserting after the words ‘‘ p er cent m the lou rth 
 line the words “nor other municipal corporation to an amount exceed b 
 
 6 Per The question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: leas, 39; nays, 
 
 And the amendment was adopted. 
 
CONSTITUTIONAL CONVENTION. 
 
 711 
 
 1922.] 
 
 Mr. Sutherland moved to reconsider the vote by which Amendment 
 
 Xo. 48, was adopted. . « ,, 
 
 And the question being on the motion to reconsider, a division o± the 
 
 Convention was had, resulting as follows: Yeas, 33; nays, 20. 
 
 The motion prevailed. 
 
 And the vote was reconsidered. 
 
 The question again being on the adoption of the amendment, a 
 division of the Convention was had, resulting as follows: Yeas, 40, 
 
 nays, 15. 
 
 And Amendment Xo. 48 was adopted. 
 
 The question then being on the adoption of section 13, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 58, na)s, 5. 
 Those voting in the affirmative are 
 
 Adams Dawes Hamill 
 
 Adamkiewicz 
 Barr 
 Beckman 
 Brenholt 
 Brewster 
 Carlstrom 
 Clarke 
 Corlett 
 Cruden 
 Cutting 
 Davis 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dupuy, G. A. 
 
 Elting 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Jack 
 
 Jarman 
 
 Kunde 
 
 Datchford 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 McEwen 
 
 Those voting in the negative are: 
 
 Cary, C. D. Fifer Gray 
 
 Messrs. 
 
 McGuire 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pincus 
 
 Quinn 
 
 Revel 1 
 
 Smith 
 
 Sneed 
 
 Messrs. 
 
 Kerrick 
 
 Stahl 
 
 Sutherland 
 
 Taft 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Ti autmann 
 
 Wall 
 
 Warren 
 
 Mr. President 
 
 Yeas—58. 
 
 Pinnell 
 
 Nays—5. 
 
 Section 13, having received the votes of a majority of the Delegates 
 ‘ elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Rule 20. 
 
 At the hour of 6 :40 o’clock p. m., Mr. Hamill moved that the Con¬ 
 vention do now take a recess until 8 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 8 :00 o’Clock P. M. 
 
 The hour of 8 :00 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The Convention proceeding upon the consideration of Report Xo. 
 18, of the Committee on Phraseology and Style, on the subject of 
 Judicial Department, section 38 was taken up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 38 and moved its adoption: 
 
 Amend section 38 by substituting therefor the following: 
 
 “Section 38. No person, other than one who is a judge of the court at 
 the time of the adoption of this Constitution, shall be eligible to the office 
 of justice of the Supreme Court of judge of an Appellate or Circuit Court, 
 unless, at the time of his election or appointment, he shall be at least thirty- 
 five years of age, and shall have been engaged in this State, either in active 
 practice as an attorney and counselor-atdaw or in the discharge of the duties 
 of a judicial office for at least ten years preceding his election or appoint¬ 
 ment, or in one of said occupations during a portion of said time and in the 
 other the remaining portion thereof; nor to the office of judge of the Count> 
 Court, unless, at the time of his election or appointment, he shall be at 
 
JOURNAL OF THE 
 
 712 
 
 5, 
 
 least thirty years of age and shall have been so engaged for at least five 
 years preceding his election or appointment.’ 
 
 And the substitute for section 38 was adopt-ed. 
 
 The question then being on the adoption of section 38, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 56: nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dunlap 
 
 Jack 
 
 Meinert 
 
 Stahl 
 
 Adamkiewicz 
 
 Dupuy, G. A- 
 
 Jarman 
 
 Miller 
 
 Sutherland 
 
 Baldwin 
 
 Elting 
 
 Johnson, L. C. 
 
 Mills 
 
 Taff 
 
 Brenholt 
 
 Fifer 
 
 Kerrick 
 
 Moore 
 
 Tebbens 
 
 Brewster 
 
 Gale 
 
 Kunde 
 
 Paddock 
 
 Todd 
 
 Cary, C. D. 
 
 Ganschow 
 
 Latchford 
 
 Pinnell 
 
 Traeger 
 
 Chew 
 
 Gee 
 
 Lill 
 
 Quinn 
 
 Warren 
 
 Corlett 
 
 Gilbert 
 
 Lindly 
 
 Re veil 
 
 Wilson 
 
 Cruden 
 
 Goodyear 
 
 Mack 
 
 Shuey 
 
 Wolff 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Smith 
 
 Mr. President 
 
 Dawes 
 
 Hamill 
 
 McGuire 
 
 Sneed 
 
 Yeas—5 1 
 
 De Young 
 
 Hull 
 
 
 
 Nays—i 
 
 Section 38, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 39, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 39, and moved its adoption: 
 
 Amend section 39 by substituting therefor the following: 
 
 “Section 39. The boundaries of the districts for the election of justices 
 of the Supreme Court and the boundaries of the Appellate Court districts 
 may be changed by the General Assembly, but such alterations shall only be 
 made, as nearly as county boundaries will allow, upon the basis of equality 
 of population, and the districts shall be composed of contiguous counties 
 in as nearly compact form as circumstances will permit. The alterations of 
 the districts shall not effect the tenure of office of any justice of the Supreme 
 Court or judge of an Appellate Court.” 
 
 And the substitute for section 39 was adopted. 
 
 The question then being on the adoption of section 39, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Gray 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 Baldwin 
 
 De Young 
 
 Hamill 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Brenholt 
 
 Dunlap 
 
 Ireland 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jack 
 
 Cary, C. D. 
 
 Elting 
 
 Jarman 
 
 Carlstrom 
 
 Fifer 
 
 Kerrick 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Cruden 
 
 Gilbert 
 
 Mack 
 
 Cutting 
 
 Goodyear 
 
 
 McEwen 
 
 McGuire 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pinnell 
 
 Quinn 
 
 Re veil 
 
 Rinaker 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—71. 
 Nays—0. 
 
 Section 39, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 40. of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 40, and moved its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 113 
 
 Amend section 40 by substituting therefor the following: 
 
 “Section 40. The Supreme Court shall have power and authority, from 
 time to time, to assign, for such periods as it may designate, judges of the 
 Appellate Court to districts other than those for which they w T ere appointed, 
 and judges of the Circuit Courts to circuits other than those for which they 
 were elected.” 
 
 And the substitute for section 40 was adopted. 
 
 The question then being on the adoption of section 40, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Stahl 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Sutherland 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Taff 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Tebbens 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Fifer 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Gale 
 
 Kunde 
 
 Revell 
 
 Warren 
 
 Ganschow 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Garrett 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Mr. President 
 
 Gilbert 
 
 Goodyear 
 
 Mack 
 
 Sneed 
 
 Yeas— 7 
 Nays— 
 
 0 . 
 
 - 7 0 kj V-/ V-*- ^ Jj l/lic L/CICgaiCO 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 41, of the report of the Committee of the Whole, "was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 41, and moved its adoption: 
 
 Amend section 41 by substituting therefor the following: 
 
 “Section 41. Each court into which, by the provisions of this article, 
 other courts are consolidated shall immediately, upon such consolidation 
 succeed to and assume jurisdiction of all causes, matters and proceedings 
 then pending in all courts of which it is the successor, with full power and 
 authority to dispose of the same, and to carry into execution or otherwise 
 to give effect to all orders, judgments and decrees theretofore entered by 
 the respective courts thus consolidated.” 
 
 And the substitute for section 41 was adopted. 
 
 The question then being on the adoption of section 41, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; navs, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Stahl 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Sutherland 
 
 Baldwin 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Taff 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Tebbens 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Brenholt 
 
 Dunlap 
 
 Ireland 
 
 Moore 
 
 Torrance 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jack 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D. 
 
 Elting 
 
 Jarman 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Fifer 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Revell 
 
 Warren 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Mr. President 
 
 Cruden 
 
 Cutting 
 
 Gilbert 
 
 Goodyear 
 
 Mack 
 
 Sneed 
 
 Yeas—71. 
 Nays—0. 
 
 Section 41, having received the votes of 
 
 a majority of the Delegates 
 
 elected, was 
 
 declared passed, 
 
 and, under-the rules, was 
 
 re-referred to the 
 
 Committee < 
 
 on Phraseology and Style for action, as provided by Rule 20. 
 
714 journal of the [May 5, 
 
 Section 42. of tlie report of the Committee of the Whole, was taken 
 np and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 42, and moved its adoption: 
 
 Amend section 42 by substituting tberefor tbe following: 
 
 ‘'Section 42. Provision may be made by rule of tbe Supreme Court 
 or by law for tbe bringing of actions or proceedings in which a merely 
 declaratory judgment or decree or order is sought, and authorizing the court 
 to make a binding declaration of right, whether any consequential relief is 
 or could be claimed or not.” 
 
 And the substitute for section 42 was adopted. 
 
 The question then being on the adoption of section 42, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Stahl 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Sutherland 
 
 Baldwin 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Taft 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Tebbens 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Carl strom 
 
 Fifer 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Revell 
 
 Warren 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Mr. President 
 
 Cruden 
 
 Cutting 
 
 Gilbert 
 
 Goodyear 
 
 Mack 
 
 Sneed 
 
 Yeas—71. 
 Nays—0. 
 
 Section 42, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Section 43, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 43, and moved its adoption: 
 
 Amend section 43 by substituting therefor the following: 
 
 “Section 43. The office of judge of the City Court and judge of the 
 Probate Court or probate judge shall be abolished from and after the re¬ 
 spective consolidations of City and Probate Courts with other courts as in 
 this article provided. The offices of justices of the peace and constable 
 existing at the time of the adoption of this Constitution shall, from and 
 after the election or appointment and qualification of justices of the peace 
 and constables in the respective districts, towns or portions of towns, in 
 accordance with the provisions of this article, as to such districts, towns 
 or portions of towns, be abolished.” 
 
 And the substitute for section 43 was adopted. 
 
 The question then being on the adoption of section 43, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 715 
 
 Those voting in the affirmative are: Messrs. 
 
 McEwen 
 McGuire 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carl strom 
 Catron 
 Chew 
 Clarke 
 Corlett 
 Cruden 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Gale 
 
 Ganschow 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 
 Gray 
 Green 
 Hamill 
 Hogan 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C. 
 Kerrick 
 Kunde 
 Latchford 
 Dill 
 Lindly 
 Mack 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 Taf£ 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 woife 
 
 Mr. President 
 
 Yeas—71. 
 Nays—0. 
 
 Section 43, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Mr. Brenholt offered the following amendment to Report No. 18, to 
 he known as section 43A, and moved its adoption: 
 
 Amendment No. 14. 
 
 Amend Report No. 18 by adding a new section thereto to be known as 
 section 43A, as follows: 
 
 “Section 43A. The clerk of the County Court of each county, other than 
 Cook, in office on the first Monday of December, A. D. 192o, shall be the clerk 
 of the County Court and the Clerk of the Probate Court of each county, other 
 than Cook, having a probate clerk, shall be the chief deputy county clerk of 
 the County Court during the terms for which they were elected, and at the 
 salaries received by them, severally, at the time of the adoption of this Con¬ 
 stitution and at the expiration of the respective terms of office of the Probate 
 clerks in office on the first Monday of December, A. D. 1923 said office of 
 probate clerk shall cease.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 43A, a call of the 
 roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Me E wen 
 McGuire 
 Meinert 
 Miller 
 Mills 
 Moore 
 Paddock 
 Pinnell 
 Quinn 
 Revell 
 Rinaker 
 Shuey 
 Smith 
 Sneed 
 
 Adams 
 
 Davis 
 
 Gray 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 Baldwin 
 
 De Young 
 
 Hamill . 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Carl strom 
 
 Fifer 
 
 Kerrick 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Cruden 
 
 Gilbert 
 
 Mack 
 
 Cutting 
 
 Goodyear 
 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—71. 
 Nays—0. 
 
 UV/Cllvll It/Tl. y ±±C*/ V AJJL^ 1 UUC/I > UU. ' vuvu v *- v J O 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style lor action, as provided b) Rule 20. 
 
 Section 44, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 44, and moved its adoption: 
 
716 
 
 JOURNAL OF THE 
 
 [May 5, 
 
 Amend section 44, by substituting therefor the following: 
 
 “Section 44. The electors of any district outside of the county of Cook, 
 and of any town in the county of Cook, outside of the city of Chicago, or of 
 that portion of any town partly within and partly without said city which 
 is outside of said city, or of that county outside of said city as a whole, may, 
 at any time, by a majority vote, in such manner as the General Assembly 
 shall prescribe, abolish the offices of justice of the peace and constable, or 
 either of them, within the jurisdiction of the electorate voting upon the 
 question.” 
 
 And the substitute for section 44 was adopted. 
 
 The question then being on the adoption of section 44, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Stahl 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Sutherland 
 
 Baldwin 
 
 De Young 
 
 Hamill 
 
 Meinei't 
 
 TafE 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Tebbens 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Brewster 
 
 Dupuv, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Flfer 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Re veil 
 
 W arren 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Mr. President 
 
 Cruden 
 
 Gilbert 
 
 Mack 
 
 Sneed 
 
 Yeas—71. 
 
 Cutting 
 
 Goodyear 
 
 
 
 Nays—0. 
 
 Section 44, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Section 45, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 45, and moved its adoption: 
 
 Amend section 45, by substituting therefor the following: 
 
 “Section 45. The salaries of justices of the Supreme Court and of the 
 judges of the Appellate Courts for the Second, Third and Fourth Districts, 
 the Circuit Courts outside of Cook County and of the County Court? shall be 
 fixed by law and shall be payable out of the State treasury. The judges of 
 the Appellate Court for the First District shall receive the same salaries, out 
 of the State treasury, as may be fixed by law for judges of the Appellate 
 Courts for the other districts, and the judges of the Circuit Court of Cook 
 County shall receive the same salaries, out of the State treasury, as may be 
 fixed by law for judges of the Circuit Courts outside of Cook County, and in 
 addition thereto, the judges of the Appellate Court for the first district and 
 of the Circuit Court of Cook County shall be paid such additional salaries, 
 out of the county treasury of Cook County, as may be provided by law. The 
 salary of no judicial officer, after it has been fixed by law shall be increased 
 or decreased during the term for which he is elected or appointed, and no 
 justice of the Supreme Court or judge of an Appellate Circuit or County 
 Court shall receive any other compensation, perquisite or benefit in any form 
 whatever, nor shall he perform any duties, other than judicial, or engage in 
 the practice of law so long as he shall hold the office of such justice or judge.” 
 
 And the substitute for section 45 was adopted. 
 
 Mr. Corlett offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 15. 
 
 Amend section 45, as amended, by striking out the words “or county” 
 after the word “circuit” in the 4th line from the bottom. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 717 
 
 And the amendment was lost. 
 
 The question then being on the adoption of section 45, as amended, 
 
 a call of the roll was had, 
 
 resulting as follows: Yeas, 
 
 71; nays, 0. 
 
 Those voting in the. affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Davis 
 
 # Gray 
 
 McEwen 
 
 Stahl 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Sutherland 
 
 Baldwin 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Taff 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Tebbens 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Fifer 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Revell 
 
 W arren 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Mr. President 
 
 Cruden 
 
 Gilbert 
 
 Mack 
 
 Sneed 
 
 Yeas—7 
 
 Cutting 
 
 Goodyear 
 
 
 
 Nays—' 
 
 Section 45, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Section 46, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung olfered the following as a substitute for 
 section 46, and moved its adoption: 
 
 Amend section 46 by substituting therefor the following: 
 
 Section 46. All laws relating to courts shall be general and of uniform 
 operation; and, so far as regulated by law, the organization, jurisdiction and 
 powers of all courts of the same class or grades and the force and effect of 
 the process, judgments and decrees of such courts severally, shall be uni¬ 
 form.” 
 
 And the substitute for section 46 was adopted. 
 
 The question then being on the adoption of section 46, as amended, 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carl strom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 ng in the affirmative are: 
 
 Messrs. 
 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Stahl 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Sutherland 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Taff 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Tebbens 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Fifer 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Gale 
 
 Kunde 
 
 Revell 
 
 Warren 
 
 Ganschow 
 
 Latchford 
 
 R-inaker 
 
 Wilson 
 
 Garrett 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Mr. President 
 
 Gilbert 
 
 Goodyear 
 
 Mack 
 
 Sneed 
 
 Yeas — 7 
 Nays—i 
 
 -ljic vuLcs u± ct majority or me Delegates 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Section 4<, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 47, and moved its adoption : 
 
 Amend section 4< by substituting therefor the following: 
 
 ‘Section 47. The General Assembly may, for cause entered on the 
 journal of each House, upon due notice and opportunity of defense, remove 
 trom office any judge, upon concurrence of three-fourths of all the members 
 
718 
 
 JOURNAL OF THE 
 
 elected, of each House. All other officers in this article mentioned shall he 
 removed from office on prosecution and final conviction for misdemeanor in 
 
 office.” 
 
 And the substitute for section 47 was adopted. 
 
 The question then being on the adoption of section 47, as amended 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Gray 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 Baldwin 
 
 De Young 
 
 Hamill 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Carlstrom 
 
 Fifer 
 
 Kerrick 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Cruden 
 
 Cutting 
 
 Gilbert 
 
 Goodyear 
 
 Mack 
 
 McEwen 
 
 McGuire 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 W arren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—71. 
 Nays—0. 
 
 Section 47, having received the votes of a majorit}'' of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Section 48, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 
 section 48 and moved its adoption: 
 
 Amend section 48 hy substituting therefor the following: 
 
 “Section 48. All judicial officers shall be commissioned by the Governor. 
 All officers provided for in this article shall hold their offices until their 
 successors shall qualify, and, excepting where their duties are to be per¬ 
 formed, in whole or in part, elsewhere, they shall, respectively, reside in the 
 district, circuit, or county for which they may be elected or appointed. Un¬ 
 less otherwise provided in this article the terms of office of all such officers 
 shall be four years, and they shall perform such duties and receive such 
 salaries as are, or may be, provided by law. Tne appointing powei to^ fill 
 vacancies in elective judicial offices is hereby vested in the Governor. 
 
 “In case of the appointment of a circuit or county judge as judge of the 
 Appellate Court by the Supreme Court, the Supreme Court shall fill by ap- 
 pointment the vacancy thus caused in the Circuit or County Court, the 
 judge so appointed to the Circuit or County Court shall serve until his suc¬ 
 cessor is elected and qualified.” 
 
 And the substitute for section 48 was adopted. 
 
 The question then being on the adoption of section 48, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Gray 
 
 AIcEwen 
 
 Stahl 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 AlcGuire 
 
 Sutherland 
 
 Baldwin 
 
 De Young 
 
 Hamill 
 
 Aleinert 
 
 Taff 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Aiiller 
 
 Tebbens 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Alills 
 
 Todd 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Aloore 
 
 Torrance 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Fifer 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Revell 
 
 Warren 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Shuey 
 
 Wolff 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 IVlr. President 
 
 Cruden 
 
 Gilbert 
 
 Alack 
 
 Sneed 
 
 Yeas—7: 
 
 Cutting 
 
 Goodyear 
 
 
 
 Nays—i 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 719 
 
 Section 48, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Eule 20. 
 
 Section 49, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 Whereupon Mr. DeYoung offered the following as a substitute for 
 section 49, and moved its adoption: 
 
 Amend section 49 by substituting therefor the following: 
 
 ‘‘Section 49. All process shall run: In the name of the people of the 
 State of Illinois; and all prosecutions shall be carried on: In the name and 
 by the authority of the People of the State of Illinois and conclude: Against 
 the peace and dignity of the same.” 
 
 And the substitute for section 49 was adopted. 
 
 The question then being on the adoption of section 49, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brenholt 
 Brewster 
 Cary, C. D. 
 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Corlett 
 Cruden 
 Cutting- 
 
 Section 49, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Eule 20. 
 
 Section 50, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 A hereupon Mr. DeYoung offered the following as a substitute for 
 section 50 and moved its adoption: 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Stahl 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Sutherland 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Taff 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Tebbens 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Fifer 
 
 Kerrick 
 
 Quinn 
 
 Wall 
 
 Gale 
 
 Kunde 
 
 Revell 
 
 Warren 
 
 Ganschow 
 
 Latchford 
 
 Rinaker 
 
 Wilson 
 
 Garrett 
 
 Dill 
 
 Shuey 
 
 Wolff 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Mr. President 
 
 Gilbert 
 
 Mack 
 
 Sneed 
 
 Yeas—71. 
 
 Goodyear 
 
 
 
 Nays—0. 
 
 Amend section 50 by substituting therefor the following: 
 
 “Section 50. ‘Population’ whenever used in this article, shall be de¬ 
 termined by the next preceding census (of this State or) of the United 
 
 States.” 
 
 And the substitute for section 50 was adopted. 
 
 Mr. Gale offered the following amendment and moved its adoption: 
 
 Amendment No. 16. 
 
 Amend section 50, as amended, by striking out the words “of this State 
 
 or.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 50, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 71; nays, 0. 
 
720 
 
 JOURNAL OF THE 
 
 i 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Gray 
 
 AIcEwen 
 
 Adamkiewicz 
 
 Dawes 
 
 Green 
 
 AlcGuire 
 
 Baldwin 
 
 De Young 
 
 Hamill 
 
 Aleinert 
 
 Barr 
 
 Dietz 
 
 Hogan 
 
 Aliller 
 
 Beckman 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Aloore 
 
 Brewster 
 
 Dupuy, G. A. 
 
 J arman 
 
 Paddock 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Carlstrom 
 
 Fifer 
 
 Kerrick 
 
 Quinn 
 
 Catron 
 
 Gale 
 
 Kunde 
 
 Revel 1 
 
 Chew 
 
 Ganschow 
 
 Latchford 
 
 Rinaker 
 
 Clarke 
 
 Garrett 
 
 Lill 
 
 Shuey 
 
 Corlett 
 
 Gee 
 
 Lindly 
 
 Smith 
 
 Cruden 
 
 Cutting 
 
 Gilbert 
 
 Goodyear 
 
 Alack 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Mr. President 
 
 Yeas—71. 
 Nays—0. 
 
 Section 50, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 8, of the report of the Committee of the Whole, was again 
 taken up. 
 
 Whereupon Mr. Miller offered the following as a substitute for sec¬ 
 tion 8 and moved its adoption: 
 
 Amend section 8, by substituting therefor the following: 
 
 “Section 8. Whenever a majority of the justices of the Supreme Court 
 shall certify to the Governor that the court is unable to hear and dispose of 
 the causes pending in that court with reasonable dispatch, the Governor 
 shall designate one or more judges of the Appellate Court as requested by 
 the Supreme Court, to serve as associate justices or justices of the Supreme 
 Court. Every judge so designated shall be relieved of his duties in the 
 Appellate Court and shall serve as an associate justice of the Supreme Court, 
 and receive the salary paid justices of that court, until the Supreme Court 
 certifies that his services are no longer required in that court, when he shall 
 
 return to the Appellate Court.” 
 
 And the substitute for section 8 was adopted. 
 
 The question then being on the adoption of section 8, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 24; nays, 42. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Clarke 
 
 Dupuy, G. A. 
 
 Jack 
 
 Paddock 
 
 Adamkiewicz 
 
 Corlett 
 
 Garrett 
 
 Johnson, L. C. 
 
 Revell 
 
 Baldwin 
 
 Cutting 
 
 Goodyear 
 
 Mack 
 
 Smith 
 
 Barr 
 
 Davis 
 
 Green 
 
 Miller 
 
 Wilson 
 
 Cary, C. D. 
 
 Dawes 
 
 Hull 
 
 Aloore 
 
 Yeas— 
 
 Those 
 
 voting in the 
 
 negative are: Messrs. 
 
 • 
 
 Beckman 
 
 Elting 
 
 J arman 
 
 Alills 
 
 Tebbens 
 
 Brenholt 
 
 Fifer 
 
 Kerrick 
 
 Pinnell 
 
 Todd 
 
 Brewster 
 
 Gale 
 
 Latchford 
 
 Quinn 
 
 Traeger 
 
 Carlstrom 
 
 Ganschow 
 
 Lill 
 
 Rinaker 
 
 Trautmann 
 
 Chew 
 
 Gee 
 
 Lindly 
 
 Sneed 
 
 Wall 
 
 Cruden 
 
 Gilbert 
 
 AIcEwen 
 
 Stahl 
 
 Warren 
 
 Dietz 
 
 Gray 
 
 AlcGuire 
 
 Sutherland 
 
 Wolff 
 
 Dryer 
 
 Dunlap 
 
 Hamill 
 
 Hogan 
 
 Aleinert 
 
 Taff 
 
 Air. President 
 Nays— 
 
 Section 8, having received the votes of less than a majority of the 
 Delegates elected, failed to pass. 
 
 Mr. Gilbert moved to reconsider the vote by which section 38, of 
 Report Xo. 18, was adopted. 
 
 And the question being on the motion to reconsider, it was decided 
 in the affirmative. 
 
 Whereupon Mr. Catron offered the following amendment and moved 
 its adoption: 
 
1922,] 
 
 CONSTITUTIONAL CONVENTION. 
 
 721 
 
 Amendment No. 17. 
 
 Amend section 38 at the end thereof by changing the period to a semi¬ 
 colon and adding the following: 
 
 “Nor to the office of State’s attorney in and for any county, unless at 
 the time of his election or appointment, he shall be licensed to practice law 
 in this State.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 38, as amended, 
 
 a call of the roll was had, resulting as follows: Yeas, 
 Those voting in the affirmative are: Messrs. 
 
 69; nays, 0. 
 
 Adams 
 
 Davis 
 
 Goodyear 
 
 Mack 
 
 Sneed 
 
 Adamkiewicz 
 
 Dawes 
 
 Gray 
 
 McEwen 
 
 Stahl 
 
 Baldwin 
 
 De Young 
 
 Green 
 
 McGuire 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Hamill 
 
 Meinert 
 
 Taff 
 
 Brenholt 
 
 Dryer 
 
 Hogan 
 
 Miller 
 
 Todd 
 
 Brewster 
 
 Dunlap 
 
 Hull 
 
 Mills 
 
 Torrance 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jack 
 
 Moore 
 
 Traeger 
 
 Carlstrom 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Trautmann 
 
 Catron 
 
 Fifer 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Wall 
 
 Chew 
 
 Gale 
 
 Kerrick 
 
 Quinn 
 
 Warren 
 
 Clarke 
 
 Ganschow 
 
 Kunde 
 
 Revel 1 
 
 Wilson 
 
 Corlett 
 
 Garrett 
 
 Latchford 
 
 Rinaker 
 
 Wolff 
 
 Cruden 
 
 Gee 
 
 Lill 
 
 Shuey 
 
 Mr. President 
 
 Cutting 
 
 Gilbert 
 
 Lindly 
 
 Smith 
 
 Yeas— 
 
 Nays—0. 
 
 Section 38, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Mr. Trautmann moved to reconsider the vote by which section 8, of 
 Report Yo. 18, had failed to pass. 
 
 And the question being on the motion to reconsider, it was decided 
 in the affirmative. 
 
 W hereupon Mr. DeYoung moved to substitute section 3, of the 
 report of the Committee on Phraseology and Style, for section 8, as 
 amended. 
 
 And the motion prevailed. 
 
 The question then being on the adoption of section 8, as amended, 
 
 a call of the roll was had, resulting as follows: Yeas, 
 
 70; nays, 2. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Goodyear 
 
 Mack 
 
 Smith 
 
 Adamkiewicz 
 
 Davis 
 
 Gray 
 
 McEwen 
 
 Sneed 
 
 Baldwin 
 
 Dawes 
 
 Green 
 
 McGuire 
 
 Stahl 
 
 Barr 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Tebbens 
 
 Brenholt 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Carlstrom 
 
 Kiting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Trautmann 
 
 Catron 
 
 Fifer 
 
 Kerrick 
 
 Pinnell 
 
 Wall 
 
 Chew 
 
 Ganschow 
 
 Kunde 
 
 Quinn 
 
 Warren 
 
 Clarke 
 
 Garrett 
 
 Latchford 
 
 R.evell 
 
 Wilson 
 
 Corlett 
 
 Gee 
 
 Lill 
 
 R-inaker 
 
 Wolff 
 
 Cruden 
 
 Gilbert 
 
 Lindly 
 
 Shuey 
 
 Mr. President 
 
 Those voting in the negative are: Messrs. 
 
 Gal® raff Nays—2. 
 
 Section 8, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 7, of the report of the Committee of the Whole, was taken 
 up and read at large. 
 
 —46 C J 
 
722 journal or the [May 5, 
 
 Whereupon Mr. Green offered the following as a substitute for sec¬ 
 tion 7 , and moved its adoption: 
 
 Amend section 7, of Report No. 18, by substituting therefor the fol¬ 
 lowing : 
 
 “The justices of the Supreme Court in office at the time of the adoption 
 of this Constitution shall continue to hold office during the respective terms 
 for which they were elected, and until their successors are elected and shall 
 qualify. The term of office of justices of the Supreme Court elected after the 
 adoption of this Constitution other than those elected or appointed to fill 
 unexpired terms shall be ten years from the day of their election. 
 
 There shall be elected on the following dates and every ten years there¬ 
 after: 
 
 At the annual election in the year 1923, one justice in the first district. 
 
 At the annual election in the year 1925, one justice in the sixth district. 
 
 At the annual election in the year 1926, one justice from the fourth 
 district. 
 
 At the annual election in the year 1927, one justice from the third 
 district. 
 
 At the annual election in the year 1928, one justice from the fifth 
 district. 
 
 At the annual election in the year 1929, one justice from the first 
 district. 
 
 At the annual election in the year 1930, one justice from the second 
 district. 
 
 So long as there shall be two members of the Supreme Court from 
 the second district, one member of the court, to be selected by themselves, 
 shall be designated and serve as administrative executive of the Supreme 
 Court of the State of Illinois, and, while so designated, he shall be relieved 
 from duty in the consideration cf causes pending in said court.” 
 
 And the substitute for section 7 was adopted. 
 
 Mr. DeYoung offered the following as a substitute for section 7 , as 
 amended, and moved its adoption : 
 
 Amend section 7 by substituting the following: 
 
 “Section 7. The justices of the Supreme Court in office at the time of 
 the adoption of this Constitution shall continue to hold office during the 
 respective terms for which they were elected or appointed and until their 
 successors are elected and shall qualify. The term of office of justices of 
 the Supreme Court elected after the adoption of this Constitution, other 
 than justices elected or appointed to fill unexpired terms, shall be ten years 
 from the day of their election. There shall be elected: 
 
 At the annual election in November, A. D. 1923, and every ten years 
 thereafter, one justice from the first district. 
 
 At the annual election in November, A. D. 1925, and every ten years 
 thereafter, successor to the justice from the fourth and sixth districts. 
 
 At the annual election in November, A. D. 1927, and every ten years 
 thereafter, successors to the justices from the third and fifth districts. 
 
 At the annual election in the year 1929, one justice from the first 
 district. 
 
 At the annual election in the year 1931, one justice from the second 
 district. 
 
 So long as there shall be two members of the Supreme Court from the 
 second district, one member of the court, to be selected by themselves, shall 
 be designated and serve as administrative executive of the Supreme Court 
 of the State of Illinois, and while so designated, he shall be relieved from 
 duty in the consideration of causes pending in said court.” 
 
 And the substitute for section 7 was adopted. 
 
 Mr. Hamill offered the following amendment and moved its adop¬ 
 tion : 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 723 
 
 Amendment No. 18. 
 
 Arneiid section 7 by adding- at the end thereof the following- 
 
 , oll *e offic <; of the justice residing in the second district whose term 
 tohall first expire shall cease to exist upon such expiration.” 
 
 And the amendment was adopted. 
 
 Mr. Smith moved to reconsider the vote by which Amendment No. 
 18 was adopted. 
 
 Mr. Hamill moved to lay that motion on the table. 
 
 The question being on the motion to table, a division of the Con¬ 
 vention was had, resulting as follows: Aeas, 26 • navs, 39. 
 
 And the motion to table was lost. 
 
 . The question recurring on the motion to reconsider, it was decided 
 m the affirmative. 
 
 The question being on the adoption of Amendment No. 18, pending 
 discussion, Mr. Gale moved that section 7, and all amendments thereto 
 be referred to the Committee on Schedule. 
 
 And the motion prevailed. 
 
 . ^he Convention proceeding upon the consideration of Report No. 
 io ot the Committee on Phraseology and Style, on the subject of Canals 
 ana \ w aterways, section 2 thereof was again taken up. 
 
 Whereupon Mr. Corlett moved that section 2, of the report of the 
 Committee of the Whole, be substituted for section 2, as now^ amended. 
 And the motion prevailed. 
 
 Mr. Sutherland moved the previous question. 
 
 And the question being, “Shall the main question be now put ?” it 
 was decided in the affirmative. 
 
 The question then being on the adoption of section 2, of Report No 
 13, of the report of the Committee of the Whole. 
 
 Pending roll call, Mr. Lindly moved that further consideration of 
 section 2, be postponed. 
 
 And the motion prevailed. 
 
 Section 6, of the report of the Committee of the Whole, was again 
 
 taken up. 
 
 Whereupon Mr. Fifer offered the following as a substitute for sec¬ 
 tion 6, and moved its adoption: 
 
 Amend section 6, by substituting there for the following- 
 ‘‘Section 6. No appropriation for the Illinois and Michigan Canal or 
 tor the Illinois Waterway and its appurtenances shall be made from the' 
 Smte treasury, except from the special funds respectively in the treasury 
 arising from the proceeds, receipts and income of such eana 1 or of such 
 Illinois Waterway. The General Assembly shall never contract debts for 
 canals or waterways, or appurtenances thereof, except in the manner pro¬ 
 vided by section 181/; of the article on Legislative Department.” 
 
 lending discussion, Mr. Lindly moved that further consideration 
 ot section 6, together with the pending substitute therefor, be postponed. 
 And the motion prevailed. 
 
 Mr. Wall moved to reconsider the vote by which section 13, of Re¬ 
 port No. 11, of the Committee on Phraseology and Style, was adopted. 
 
 Mr. Sneed moved to lay that motion on Rie table. 
 
 And the question being on the motion to table, it was decided in the 
 
 affirmative. 
 
724 
 
 JOURNAL OF THE 
 
 [May 5, 
 
 The Convention proceeding upon the consideration of Report Ho. 
 8, of the Committee on Phraseology and Style, on the subject of Chicago 
 and Cook County. 
 
 Mr. Hull offered the following amendment and moved its adoption: 
 
 Amendment No. 17. 
 
 Amend Report No. S’, by adding a new section thereto, to be known as 
 section 18, as follows: 
 
 “Section 18. The county authorities shall never assess taxes the aggre¬ 
 gate of which shall exceed seventy-five cents per one hundred dollars 
 valuation except such additional taxes as may have been authorized prior to 
 the adoption of this Constitution, unless authorized by a vote of the people 
 
 of the county. . , ... 
 
 After any consolidation of all or part of the county of Cook with any 
 other taxing body exercising county functions has been effected, the limit 
 of taxation shall be fixed oy the General Assembly in accordance with 
 general of special law.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 18, a call of the 
 roll was had, resulting as follows: Yeas, 64; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Brenholt 
 
 Brewster 
 
 Carl strom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Cruden 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Biting 
 
 Fifer 
 
 Gale 
 
 Ganschow 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 Green 
 Hamill 
 Hogan 
 Hull 
 Jack 
 
 Johnson, L. C. 
 
 Kerrick 
 
 Kunde 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 McGuire 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Paddock 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Revell 
 
 Rinaker 
 
 Shuey 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Mr. President 
 
 Yeas—64. 
 Nays—0. 
 
 Section 18, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Mr. G. A. Dupuy offered the following resolution and moved its 
 
 adoption: 
 
 Resolution No. 39. 
 
 Resolved. That it is the sense of this Convention that any person 
 holding any office at the time of the adoption of this Constitution, and all 
 persons who may be at the November election, A. D. 1922, elected to office^ 
 now existing, shall hold their said offices respectively during the term for 
 which elected whether or not prior to that election this Constitution shall 
 go into effect. That the Committee on Schedule be and is hereby instructed 
 to bring in a report accordingly. 
 
 And the resolution was adopted. 
 
 Mr. Hamill moved that when the Convention adjourns today it 
 stand adjourned until Tuesday, June 13, 1922, at 10 :00 o’clock a. m. 
 
 Mr. Revell moved to amend the motion to read “Tuesday, June 6, 
 
 1922" 
 
 And the question being on the adoption of the amendment, it was 
 decided in the negative. 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 725 
 
 The question recurring on the motion of Mr. Hamill, it was decided 
 in the affirmative. 
 
 At the hour of 11:30 o’clock p. m., Mr. Hamill moved that the 
 Convention do now adjourn. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned until Tuesday, June 13, 1922, 
 at 10 :00 o’clock a. m. 
 
726 
 
 JOURNAL OF THE 
 
 [June 13, 
 
 TUESDAY, JUNE 13, 1922, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. E. S. McCown, of the Presbyterian 
 Church, of Pontiac. 
 
 The Journal of Thursday, May 4, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up. 
 
 Whereupon Mr. Hull asked and obtained unanimous consent to 
 have the printed Journal corrected, on page 14, by. inserting his Amend¬ 
 ment No. 16, offered at the time but not considered, in conjunction with 
 Amendment No. 15, as follows: 
 
 Amendment No. 16. 
 
 Amend Report No. 8, by adding a new section thereto to be known as 
 section 17a, as follows: 
 
 “Section 17a. Each issue of bonds or other securities by the city for 
 financing any income-producing public utility shall be payable in substan¬ 
 tially equal annual installments of principal and interest combined begin¬ 
 ning not more than five years from the date thereof, but provision may be 
 made for the payment of any part of such debt in advance. No such bonds 
 or other securities shall be issued unless the proposition therefor is approved 
 at an election by a majority of those voting on the question. 
 
 The City of Chicago if it shall own or operate any such public utility, 
 shall conform to the requirements for keeping such account and for the 
 audit thereof and for making reports that may be prescribed by law for a 
 like utility privately owned. 
 
 Laws may be passed in aid of this and the preceding section.” 
 
 There being no further corrections proposed, the Journal was 
 ordered to stand approved. 
 
 In accordance with the resolution adopted April 25th, the Secretary 
 called the roll of the Convention, which resulted as follows: Present 59. 
 
 Answering present: Messrs. 
 
 Adams 
 
 De Young 
 
 Hogan 
 
 Michal 
 
 Stahl 
 
 Beckman 
 
 Dietz 
 
 Hull 
 
 MiUer 
 
 Sutherland 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Iarussi 
 
 Mills 
 
 Taff 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Moore 
 
 Tebbens 
 
 Carlstrom 
 
 Elting 
 
 Jack 
 
 Nichols 
 
 Torrance 
 
 Catron 
 
 F*yke 
 
 Jarman 
 
 Pincus 
 
 Traeger 
 
 Clarke 
 
 Garrett 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Corlett 
 
 Gee 
 
 Johnson, W. A. 
 
 Quinn 
 
 Wall 
 
 Cruden 
 
 Gilbert 
 
 Kerrick 
 
 Scanlan 
 
 Whitman 
 
 Cutting 1 
 
 Goodyear 
 
 Kunde 
 
 Shanahan 
 
 Wilson 
 
 Davis 
 
 Gray 
 
 Lindly 
 
 Shuey 
 
 Mr. President 
 
 Dawes 
 
 Hamill 
 
 Meinert 
 
 Smith 
 
 Present— 
 
 On account of sickness Messrs. Gale, McGuire and Wolff were ex¬ 
 cused from attendance at the sessions of the Convention this week. 
 
 The President laid before the Convention the appointment of the 
 Committee on Submission and Address, as follows: Messrs. Green, 
 
19-22.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 727 
 
 Chairman; Brandon, Shanahan, Jarman, Hamill, Smith, Ganschow, 
 Barr, Morris, Sneed, O’Brien, Lindlv, Davis, Wolff, and Fyke. 
 
 At the hour of 11:00 o’clock a. m., Mr. Hamill moved that the 
 Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o’Clock P. M. 
 
 The hour of 2 :00 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 At the hour of 2 :J5 o’clock p. m., Mr. Davis moved that the Con¬ 
 vention do now take a recess until 3 :30 o’clock p. m. 
 
 And the motion prevailed. 
 
 3:30 o’Clock P. M. 
 
 The hour of 3 :30 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Fifer to the chair, who, in turn, called Mr. Moore to the chair. 
 
 And at the hour of 3 :35 o’clock p. m., the Convention went into 
 Committee of the Whole for the consideration of the report of the Com¬ 
 mittee on Future Amendment of the Constitution. 
 
 At the hour of 6:37 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Moore, from the Committee of the Whole, having had under 
 consideration the report of the Committee on Future Amendment of the 
 Constitution, reported the same back together with the following amend¬ 
 ment thereto, to-wit: 
 
 Amend section 2 by striking out of line 9 all after the word “election” 
 and in line 10 the words “voting at said election” and substitute therefor 
 the following: “and if voters equal in number to a majority of the votes 
 cast for members of the House of Representatives.” 
 
 And recommended that the report, as amended, do pass. 
 
 The report of the committee was concurred in and referred to the 
 Committee on Phraseology and Style. 
 
 At the hour of 6 :40 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
728 
 
 JOURNAL OF THE 
 
 [June 14, 
 
 WEDNESDAY, JUNE 14, 1922, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was ottered by the Rev. R. S. McCown, of the Presby terian 
 
 Church, of Pontiac. . ' 
 
 The Journal of Friday, May 5, having been printed and placed on 
 
 the desks of the Delegates, as provided under the rules, was taken up 
 and no corrections appearing, was ordered to stand approred. 
 
 In accordance with the resolution adopted April 25, the Secietary 
 called the roll of the Convention, which resulted as follows: Present, 70. 
 
 Those answering present are : Messrs. 
 
 Adams 
 
 Dawes 
 
 Gray 
 
 Barr 
 
 De Young 
 
 Green 
 
 Beckman 
 
 Dietz 
 
 Hamill 
 
 Brenholt 
 
 Dryer 
 
 Hogan 
 
 Brewster 
 
 Dunlag 
 
 Hollenbeck 
 
 Cary, C. D. 
 
 Dupee, E. H. 
 
 Hull 
 
 Carlstrom 
 
 Dupuy, G. A. 
 
 Iarussi 
 
 Catron 
 
 Elting 
 
 Ireland 
 
 Clarke 
 
 Fifer 
 
 Jack 
 
 Coolley 
 
 Ganschow 
 
 Jarman 
 
 Corlett 
 
 Garrett 
 
 Johnson, L. C. 
 
 Cruden 
 
 Gee 
 
 Johnson, W. A. 
 
 Cutting 
 
 Gilbert 
 
 Kerrick 
 
 Davis 
 
 Goodyear 
 
 Kunde 
 
 Lindly 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taf¥ 
 
 Tebbens 
 Todd 
 Traeger 
 Trautmann 
 Wall 
 Warren 
 Whitman 
 Wilson 
 Mr. President 
 Present—70. 
 
 The Convention proceeding on the order of reports of standing 
 
 committees. 
 
 Mr. Clarke submitted the following report: 
 
 REPORT NO. 20. 
 
 YOUR COMMITTEE ON PHRASEOLOGY AND STYLE TO M HICH V\ AS 
 RFFFRRED A PROPOSAL ENTITLED FUTURE AMENDMENTS, AS 
 
 - AMENDED in committee of the whole, respectfully re¬ 
 ports that IT HAS CONSIDERED SUCH PROPOSAL AND PRE- 
 SEN?! HEREWITH A SUBSTITUTE THEREFOR AS RECOM- 
 MENDED BY THIS COMMITTEE. 
 
 Resolved, That the following shall become a part of the Constitution 
 
 ° ' 1 Section 1 Whenever two-thirds of the members of each House of the 
 Genera! Assembly, by a vote entered upon the Journals sb.all concur t;hat a 
 Convention is necessary to revise, alter or amend the Constitution, tne que 
 Hon Shan be submitted to the electors at the next general election. If a 
 
 5 r iTt^i & aKdX & 
 
 payment and for the expenses necessarily incurred by the Convention in 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 729 
 
 the performance of its duties. Before proceeding, the members shall take 
 an oath to support the Constitution of the United States and the Constitu¬ 
 tion of this State and to discharge faithfully their duties as members of 
 the Convention. The qualifications of members shall be the same as those 
 of members of the Senate and vacancies shall be filled in the manner pro¬ 
 vided for filling vacancies in the General Assembly. The Convention shall 
 meet within three months after the election and prepare such revision, 
 alteration or amendments of the Constitution as it deems necessary. Such 
 revision, alteration or amendments shall be submitted to the electors for 
 their ratification or rejection at an election appointed by the Convention 
 for that purpose, not less than two months nor more than six months after 
 its adjournment. Unless so submitted and approved by a majority of those 
 voting at the election no such revision, alteration or amendment shall take 
 effect. 
 
 Section 2. Amendments to the Constitution may be proposed in either 
 House of the General Assembly and if voted for by two-thirds of the mem¬ 
 bers elected to each House, such proposed amendments together with the 
 yeas and nays of each House thereon, shall be entered in full upon their 
 respective Journals. Such amendments shall be submitted to the electors 
 for adoption or rejection at the next election for members of the General 
 Assembly in the manner prescribed by law, and shall be published in full 
 at least three months before the election. If electors equal in number to a 
 majority of the votes cast for members of the House of Representatives, 
 vote for the proposed amendments, they shall become part of the Consti¬ 
 tution. The General Assembly shall not propose amendments to more than 
 two articles of the Constitution at the same session or to the same articles 
 oftener than once in four years. 
 
 Respectfully submitted, 
 
 (Signed) Elam L. Clarke, Chairman. 
 
 George A. Barr. 
 
 E. H. Brewster. 
 
 • Eugene H. Dupee. 
 
 Thomas Rinaker. 
 
 C. B. T. Moore. 
 
 June 14, 1922. 
 
 The report of the committee was ordered printed and the proposal 
 placed on the order of second reading. 
 
 The Convention proceeding upon the consideration of the report of 
 the Committee on Phraseology and Style, on the subject of future amend¬ 
 ment of the Constitution, section 1 thereof was taken up and read at 
 large. 
 
 Pending roll call Mr. Corlett moved that further consideration of 
 section 1 be postponed. 
 
 And the motion prevailed. 
 
 Section 2 was taken up and read at large. 
 
 Whereupon Mr. Cutting offered the following‘ amendment and 
 moved its adoption: 
 
 Amendment No. 1. 
 
 Amend section 2 by striking out the word “articles” in the last line 
 thereof and inserting in lieu thereof the word “section.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 2, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 69; nays, 0. 
 
730 
 
 JOURNAL OF THE 
 
 [June 14, 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 Adams 
 
 De Young 
 
 Green 
 
 Meinert 
 
 Barr 
 
 Dietz 
 
 Hamill 
 
 Miller 
 
 Beckman 
 
 Dryer 
 
 Hogan 
 
 Mills 
 
 Brenholt 
 
 Dunlap 
 
 Hollenbeck 
 
 Moore 
 
 Brewster 
 
 Dupee, E. H. 
 
 Hull 
 
 Nichols 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Iarussi 
 
 Paddock 
 
 Carlstrom 
 
 Elting 
 
 Ireland 
 
 Pinnell 
 
 Clarke 
 
 Fifer 
 
 Jack 
 
 Rinaker 
 
 Coolley 
 
 Ganschow 
 
 Jarman 
 
 Rosenberg 
 
 Corlett 
 
 Garrett 
 
 Johnson, L. C. 
 
 Scanlan 
 
 Cruden 
 
 Gee 
 
 Johnson, W. A. 
 
 Shanahan 
 
 Cutting 
 
 Gilbert 
 
 Kerrick 
 
 Shuey 
 
 Davis 
 
 Goodyear 
 
 Kunde 
 
 Six 
 
 Dawes 
 
 Gray 
 
 Lindly 
 
 Smith 
 
 Sneed 
 
 Stahl 
 
 Sutherland 
 
 Taff 
 
 Tehbens 
 
 Todd 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Mr. President 
 
 Yeas—69. 
 Nays—0. 
 
 Section 2, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Pule 20. 
 
 The Convention proceeding upon the consideration of Keport A o. 
 13, of the Committee on Phraseology and Style, on the subject of canals 
 and waterways, section 2, of the report of the Committee of the Whole, 
 
 was again taken up. 
 
 Whereupon Mr. Jarman offered the following as a substitute for 
 
 section 2, and moved its adoption: * 
 
 Amend section 2 by substituting therefor the following: 
 
 “Section 2. No further appropriations for or in aid of the Illinois 
 Waterway or any of its appurtenances shall be made by the General As¬ 
 sembly except subject to the approval by a majority of the "voters voting 
 at a general election as shall be provided by law T , and then only after an 
 adequate flow of wmter from Lake Michigan has been provided by or with 
 the approval of the Federal Government, and after an effective sewerage 
 disposal system for Chicago sewage without substantial pollution of the 
 "waters of the Illinois River, shall be in successful opeiation. 
 
 Mr. Scanlan moved to lay the substitute on the table. 
 
 And the question being on the motion to table, it was decided in the 
 
 affirmative. 
 
 The question then being on the adoption of section 2, a call of the 
 roll was had, resulting as follows: Aeas, 52; na}S, 18. 
 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 De Young 
 
 Hamill 
 
 Michal 
 
 Beckman 
 
 Dietz 
 
 Hogan 
 
 Miller 
 
 Brenholt 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Cary, C. D. 
 
 Dunlap 
 
 Iarussi 
 
 Moore 
 
 Catron 
 
 Dupee, E. H. 
 
 Ireland 
 
 O’Brien 
 
 Clarke 
 
 Dupuy, G. A. 
 
 Jack 
 
 Paddock 
 
 Corlett 
 
 Elting 
 
 Johnson, D. C. 
 
 Rosenberg 
 
 Cruden 
 
 Ganschow 
 
 Kunde 
 
 Scanlan 
 
 Cutting 
 
 Garrett 
 
 Lindly 
 
 Shanahan 
 
 Davis 
 
 Gilbert 
 
 Meinert 
 
 Six 
 
 Dawes 
 
 Green 
 
 
 
 Smith 
 
 Sutherland 
 
 Tebbens 
 
 Todd 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Mr. President 
 
 Yeas—52. 
 
 Those voting in the negative are: Messrs. 
 
 Adams Gee Jarman Pinnell 
 
 Brewster Goodyear Johnson, W. A. Shuey 
 
 Coolley Gray Kerrick Sneed 
 
 Fifer Hollenbeck Nichols 
 
 Stahl 
 
 Taff 
 
 Wall 
 
 Nays—18. 
 
 Answering present but not voting: Mr. 
 
 Rinaker Total 1. 
 
 Section 2, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 
CONSTITUTIONAL CONVENTION. 
 
 731 
 
 1922 .] 
 
 Committee on Phraseology and Style tor action, as provided by Rule 20. 
 Mr, Lindly moved to reconsider the vote by which section 2 was 
 
 adopted. 
 
 Mr. Barr moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in the 
 
 affirmative. 
 
 Section 6, of the report of the Committee of the Whoie, together 
 with the pending substitute therefor, was again taken up. 
 
 Whereupon, by unanimous consent, Mr. Fifer withdrew the pending 
 
 substitute for section 6. 
 
 The question then being on the adoption of section 6, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 65; nays, 0. 
 
 Those voting in the affirmative are: 
 
 Adams 
 
 Dietz 
 
 Hogan 
 
 Barr 
 
 Dryer 
 
 Hollenbeck 
 
 Brenholt 
 
 Dunlap 
 
 Hull 
 
 Brewster 
 
 Dupee, E. H. 
 
 Iarussi 
 
 Cary, C, D. 
 
 Elting 
 
 Ireland 
 
 Catron 
 
 Ganschow 
 
 Jack 
 
 Clarke 
 
 Garrett 
 
 Johnson, L, C. 
 
 Coolley 
 
 Gee 
 
 Kerrick 
 
 Corlett 
 
 Gilbert 
 
 Kunde 
 
 Cruden 
 
 Goodyear 
 
 Lindly 
 
 Cutting 
 
 Gray 
 
 Meinert 
 
 Davis 
 
 Green 
 
 Michal 
 
 Dawes 
 
 Hamill 
 
 Miller 
 
 De Young 
 
 At the hour of 12 :15 
 
 o’clock p. 111. 
 
 Messrs. 
 
 Mills 
 
 Stahl 
 
 Moore 
 
 Sutherland 
 
 Nichols 
 
 Taff 
 
 O’Brien 
 
 Tebbens 
 
 Paddock 
 
 Todd 
 
 Pinnell 
 
 Traeger 
 
 R maker 
 
 Trautmann 
 
 Rosenberg 
 
 Wall 
 
 Scanlan 
 
 Warren 
 
 Shanahan 
 
 Whitman 
 
 Shuey 
 
 Wilson 
 
 Smith 
 
 Mr. President 
 
 Sneed 
 
 Yeas— 
 
 Nays- 
 
 Mr. Green moved that the Con¬ 
 
 vention do now take a recess until 2 :00 o’clock p. m 
 And the motion prevailed. 
 
 2:00 o’Clock P. M. 
 
 The hour of 2 :00 o’clock p. m. having arrived, the Convention re- 
 sumed its session. 
 
 The President presiding. . . Q 
 
 The Convention proceeding upon the consideration ot Keport No. o, 
 of the Committee on Phraseology and Style, on the subject ot ( hicago 
 ami Cook County, section 16a was again taken up. 
 
 Whereupon Mr. Miller offered the following amendments and moved 
 
 their adoption: 
 
 Amendment No. 18. 
 
 Amend section 16a by striking out beginning in line 2 thereof the fol¬ 
 lowing words: “Up to 15 per cent of the full value of the taxable leal 
 property therein as ascertained by the last assessment for State and county 
 taxes previous to the issuing of such bonds but any sl i lcl ] 4 „ boi ]? > s may 1)6 
 issued only for” and by inserting in lieu thereof the words for the purpose 
 of,” and by striking out beginning in line 6 thereof after, the word trans¬ 
 portation” the words: “Communication, light, heat, power so that the hi.t. 
 
 sentence of said section 16a shall read as follows. . . 
 
 “The City of Chicago may issue bonds (in addition to any debt othei- 
 
 wise permitted by this Constitution) for the purpose of acquiring, leasing, 
 constructing or operating income-producing property for supplying trans¬ 
 portation or water.” 
 
 And the amendment was adopted. 
 
732 ’ 
 
 JOURNAL OF THE 
 
 [June 14, 
 
 Amendment No. 19. 
 
 Amend section 16a by striking out in line 9 thereof the word “thirty” 
 and by inserting in lieu thereof the word “forty.” 
 
 And the amendment was adopted. 
 
 Amendment No. 20. 
 
 Amend section 16a by inserting in line 6 of the second paragraph thereof 
 after the words “gross earnings” the words “or the rentals.” 
 
 And the amendment was adopted. 
 
 Amendment No. 21. 
 
 Amend section 16a by striking out the word “its” before the word 
 “treasurer” in the second paragraph thereof and inserting in lieu thereof 
 the words “the cities.” 
 
 And the amendment was adopted. 
 
 Amendment No. 22. 
 
 Amend section 16a by inserting in line 3 of the third paragraph thereof 
 after the word “supplied” the words “or such rentals if the property shall 
 be let for private operation.” 
 
 And the amendment was adopted. 
 
 Mr. Wilson offered the following amendment and moved its adop¬ 
 tion : 
 
 Amendment No. 23. 
 
 Amend section 16a so that the first sentence thereof sfiall read as 
 follows: 
 
 “The City of Chicago may issue bonds (in addition to any debt other¬ 
 wise permitted by this Constitution) for the purpose of building a trans¬ 
 portation subway to be leased to the transportation companies upon an in¬ 
 determinate franchise.” 
 
 And the amendment was lost. 
 
 Pending roll call Mr. Hull moved that further consideration of 
 section 16a be postponed. 
 
 And the motion prevailed. 
 
 By unanimous consent, upon his request, Mr. Michal was excused 
 from attendance at the sessions of the Convention for the balance of the 
 week. 
 
 At the hour of 5 :00 o’clock p. m., Mr. Davis moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 733 
 
 THURSDAY, JUNE 15, 1922, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. R. S. McCown, of the Presbyterian 
 Church, of Pontiac. 
 
 The Journal of Tuesday, June 13, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken up, 
 and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25, the Secretary 
 called the roll of the Convention, which resulted as follows: Present, 61. 
 
 Those answering present are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Meinert 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Miller 
 
 Stahl 
 
 Brenholt 
 
 De Young 
 
 Hull 
 
 Mills 
 
 Sutherland 
 
 Brewster 
 
 Dietz 
 
 Iarussi 
 
 Moore 
 
 Taff 
 
 Cary, C. D. 
 
 Dunlap 
 
 Ireland 
 
 Nichols 
 
 Tebbens 
 
 Carlstrom 
 
 Dupee, E. H. 
 
 Jack 
 
 Paddock 
 
 Traeger 
 
 Catron 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Trautmann 
 
 Chew 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Wall 
 
 Ciarke 
 
 Fifer 
 
 Johnson, W. A. 
 
 Rosenberg 
 
 Warren 
 
 Cooliey 
 
 Ganschow 
 
 Kerrick 
 
 Scanlan 
 
 Whitman 
 
 Corlett 
 
 Gilbert 
 
 Kunde 
 
 Shanahan 
 
 Wilson 
 
 Cruden 
 
 Goodyear 
 
 Lindly 
 
 Shuey 
 
 Mr. President 
 
 Cutting 
 
 Hamill 
 
 McEwen 
 
 Six 
 
 Present—64. 
 
 The 
 
 Convention proceeding on the 
 
 order of 
 
 reports of standing 
 
 committees. 
 
 Mr. Gr. A. Dupuy submitted the following report: 
 
 Report of the Committee on Schedule. 
 
 Your Committee on Schedule respectfully reports to the Convention the 
 following sections and recommends their adoption: 
 
 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: 
 
 Section 1. That all laws in force at the adoption of this Constitution, 
 not inconsistent therewith, and all rights, actions, prosecution, claims, and 
 contracts of this State, individuals, or bodies corporate, shall continue to he 
 as valid as if this Constitution had not been adopted. 
 
 Section 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. 
 
 Section 3. Recognizances, bonds, obligations, and all other instruments 
 entered into or executed before the adoption of this Constitution, to the 
 people of the State of Illinois, to any State or county officer or public body, 
 shall remain binding and valid; and rights and liabilities upon the same 
 shall continue, and all crimes and misdeameanors shall be tried and punished 
 as though no change had been made in the Constitution of this State. 
 
 Section 4. All persons now filling any office or appointment shall con¬ 
 tinue the exercise of the duties thereof and according to their respective 
 commissions or appointments, unless by this Constitution it is otherwise 
 directed. 
 
734 
 
 JOURNAL OF THE 
 
 [June 15, 
 
 Section 5. Except as otherwise provided in this Constitution all 
 
 _ T _ 4_ • • I . _ any election held prior to the November 
 
 election nineteen hundred twenty-three, shall hold office until the next en¬ 
 suing No\ ember election following the date when the term of such office 
 would otherwise expire. 
 
 Except as otherwise provided in this Constitution, every person holding 
 any office of this State or of any political subdivision thereof at the time of 
 the adoption of this Constitution, and whose term of office shall expire after 
 the November election nineteen hundred twenty-three, shall continue in 
 office until the November election next ensuing the time when such term of 
 office would otherwise regularly expire. 
 
 Section 7. After the adoption of this Constitution when the State is 
 first apportioned for members of the Senate, it shall be provided that three 
 of the additional members shall be elected the first time for a term of two 
 years and the other three additional members for a term of four years. 
 
 Section 8. The terms of office of the Justices of the Supreme Court 
 now in office shall expire at the several dates now provided by law. 
 
 Section 9. On the day this Constitution is submitted to the people for 
 i atification an election shall be held for a Justice of the Supreme Court in 
 the first judicial district designated in this Constitution, at which election 
 every person entitled to vote according to the terms of this Constitution 
 shall he allowed to vote, and the election shall he otherwise conducted, 
 returns made and certificate issued in accordance with existing laws. If, 
 upon canvassing the votes for and against the adoption of this Constitution 
 it shall appear that this Constitution shall net have been adopted, then no 
 certificate of election shall be issued for said Justice. 
 
 The Justice, if elected and commissioned shall hold his office until the 
 first Monday of June, nineteen hundred and thirty-three, but he shall not 
 enter upon the discharge of his duties until the first Monday of June, nine¬ 
 teen hundred and twenty-four, unless prior to that time there shall be a 
 vacancy from any district on the Supreme Court in which case he shall fill 
 such vacancy until the first Monday of June, nineteen hundred and twentv- 
 four. 
 
 When the term of office of the Justice residing in the second district 
 (elected from the sixth district under the Constitution of 1870) expires on 
 the first Monday of June, nineteen hundred twenty-four, this said office shall 
 cease to exist. 
 
 The successors in office of the Justices now in office shall be elected on 
 the first Monday in June in the years in which the respective terms expire. 
 
 The Justice from the first district shall be elected for a term to expire 
 on the first Monday of June, nineteen hundred thirty-five. 
 
 The justice from the fifth district shall be elected for a term to expire 
 
 on the first Tuesday after the first Monday in November, nineteen hundred 
 
 thirty-five. 
 
 The justices from the fourth and sixth districts shall each be elected 
 for a term to expire on the first Tuesday after the first Monday in November, 
 nineteen hundred thirty-three. 
 
 The Justice for the third district shall he elected for a term to expire 
 
 on the first Tuesday after the first Monday of November, nineteen hundred 
 
 thirty-seven. 
 
 The justice for the second district shall be elected for a term to expire 
 on the first Tuesday after the first Monday of November, nineteen hundred 
 thirty-nine. 
 
 After the expiration of the terms as above specified, the term of each 
 justice shall be ten years from the day of his election. The justices from the 
 first district shall be elected on the first Monday of June in the year in which 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 735 
 
 their terms expire and the justices from the second, third, fourth, fifth and 
 sixth districts shall be elected on the first Tuesday after the first Monday in 
 November in the year in which their terms expire. 
 
 Section 10. Any justice or judge now in office shall be eligible to re- 
 election after the adoption of this Constitution. 
 
 Section 10A. Until otherwise provided by law, the judges of the Appel¬ 
 late Court of the first district shall receive the same salaries as are paid to 
 the judges of the Circuit Courts within said district, and the judges of the 
 Appellate Courts of the second, third and fourth districts shall each receive 
 $8,500 per annum. Such salaries shall be payable in the same manner, at the 
 same time, and from the same sources as the salaries of the judges of the 
 Circuit Court within such districts respectively. 
 
 Section 11. On the first ? onday of May A. D. 1923, the Circuit, Su¬ 
 perior, Criminal, County and Probate Courts of Cook County, the Municipal 
 Court of Chicago and the City Court of Chicago Heights shall be consolidated 
 into one court of record to be known as the Circuit Court of Cook County. 
 
 Section 12. The judges of the Circuit, Superior, County and Probate 
 Courts of Cook County in office on the first Monday of May, A. D. 1923, 
 except the judges of the Circuit and Superior Courts of Cook County, by the 
 adoption of this Constitution made judges of the Appellate Court for the 
 first district, whose offices as judges of the Circuit and Superior Court of 
 said county thereby cease to exist, shall be the judges of said consolidated 
 court and shall continue to hold office during the respective terms for which 
 they were elected or appointed, and until their successors are elected and 
 shall qualify. The chief justice and the associate judges of the Municipal 
 Court of Chicago shall be associate judges of said Circuit Court and shall 
 continue to hold office during the respective terms for which they were 
 elected or appointed as chief justice or associate judges of the Municipal 
 . Court of Chicago and one year in addition thereto, at the end of which terms 
 their respective offices as associate judges of said Circuit Court shall cease 
 to exist. * 
 
 Section 13. The associate judges of the Circuit Court of Cook County 
 shall, until the termination of their respective offices, perform such judicial 
 duties in the classes of cases which were within the jurisdiction of the 
 Criminal Court of Cook County at the time of the adoption of this Constitu¬ 
 tion, and also in the classes of cases arising in the County of Cook of which, 
 if arising in the city of Chicago, the Municipal Court of Chicago had juris¬ 
 diction at the time of the adoption of this Constitution, as they may be 
 assigned to perform, and during the periods of their terms of office as such 
 associate judges, they shall receive the salaries allowed them by the laws 
 in force on the first Monday of May, A. D. 1922, one-half of which salaries 
 shall be payable out of the State treasury and one-half out of the county 
 treasury of Cook County. 
 
 Section 14. The judge of the County Court of the County of Cook, who 
 shall be in office at the time of the adoption of this Constitution shall con¬ 
 tinue to exercise, during the time for which he was elected, or until otherwise 
 provided by law, the same control and supervision over all matters of elec¬ 
 tion as provided by law. After the expiration of his term of office all such 
 authority and supervision shall devolve upon the chief justice of the civil 
 division of said Circuit Court until otherwise provided by law. 
 
 Section 15. The County Court of each county, other than the County of 
 Cook, is hereby continued and on the third day of December, 1923, the 
 County and Probate Courts in each county, other than in the county of 
 Cook where both courts exist, shall be consolidated into one court to be 
 known as the County Court. 
 
 Section 16. 1 he judges of the County and Probate Courts in counties 
 
 other than the County of Cook, in office on the third day of December, 1923, 
 shall he judges of such consolidated court, and shall continue to hold office 
 during the terms for which they were elected, and until their successors are 
 elected and shall qualify. 
 
736 
 
 JOURNAL OF THE 
 
 [ J Line 13, 
 
 Section 17. Unless prior to the .first Monday of December, A. D. 1923, 
 the General Assembly shall fix the salaries of county judges and of probate 
 judges (other than those of the County of Cook),*the salaries of such judges 
 shall, from and after that date, until otherwise provided by law, be as fol¬ 
 lows: Such salaries shall be increased by the addition of 50 per cent of the 
 present salary, with a minimum salary of two thousand five hundred dollars 
 in counties having a population of less than fifteen thousand; in counties 
 having a population of fifteen thousand and not over forty thousand, a mini¬ 
 mum salary of four thousand dollars, and with a minimum salary of five 
 thousand dollars in counties having a population of forty thousand or more. 
 The county shall continue to pay the salary now provided by law, until the 
 whole of such salaries become payable from the State treasury as in this 
 Constitution provided, and until that time the increase of salary provided 
 herein shall be payable monthly out of the State treasury. 
 
 Section 18. The provisions contained in the last sentence of section 126 
 in Article V shall not, so far as same affect the judges of the County and 
 Probate Courts, become effective until the first Monday of December, A. D. 
 1923, unless hereafter prior to that date the General Assembly shall have 
 
 fixed the salaries of such judges. 
 
 Section 19. The clerk of the Circuit Court of Cook County in office on 
 first Monday of May, A. D. 1923, shall be the clerk of the Circuit Court 
 herein provided, and the clerks of the Superior, Criminal and Probate Courts 
 of Cook County and of the Municipal Court of Chicago shall, during the 
 terms for which they were respectively elected, be associate clerks of the 
 Circuit Court of Cook County, exercising as near as may be the same 
 powers, including those relating to the selection, appointment, and discharge 
 of all those employees theretofore in service in each of their respective 
 offices; shall have same powers as theretofore in regard to the collection 
 and disbursement of moneys. They shall perform the same duties and 
 receive the same salaries as on the first Monday of May, A. D. 1923. At 
 the November election in the year A. D. 1924, and every four years there¬ 
 after, there shall be elected a clerk of the Circuit Court of Cook County. 
 
 In case there shall occur a vacancy in the office of the clerk of the 
 Circuit Court of Cook County at any time prior to the November election 
 in the year A. D. 1924, then and in that case such vacancy shall be filled 
 by appointment by a majority of the judges and associate judges, of the 
 Circuit Court of one of such associate clerks who shall hold office until the 
 
 November election in 1924. . _ . , „ .. — 
 
 Section 20. The office of judge of the city court and ]udge of the Pro¬ 
 
 bate Court or probate judge shall be abolished from and after the respective 
 consolidations of city and Probate Courts with other courts as in this Con¬ 
 stitution provided. The offices of justices of the peace and constable exist¬ 
 ing at the time of the adoption of this Constitution shall, from and after 
 the election or appointment and qualification of justices of the peace and 
 constables in the respective districts, towns or portions of towns, m accor <-' 
 ance with the provisions of this Constitution as to such districts, towns or 
 
 portions of towns, be abolished. 
 
 Section 21. The clerk of the County Court of each county, other than 
 
 the County of Cook, in office on the third day of December, 1923, shall be 
 
 the clerk of the County Court, and the clerk of the Probate Court of each 
 countv other than the County of Cook, having a probate clerk, shall be the 
 chief deputy county clerk of the County Court during the terms for which 
 thev were elected, and at the salaries received by them severally at the time 
 of the adoption of this Constitution and at the expiration of the respective 
 terms of office of the probate clerks in office on the third day of December, 
 
 1923, said office of probate clerk be abolished. 
 
 Section 22 The bailiff of the Municipal Court of Chicago shall, upon 
 the consolidation of the courts of Cook County as in. this_ Constitutioni pro¬ 
 vided become assistant sheriff of the County of Cook and he shall during 
 his term have as near as may be the same powers, duties and responsibili¬ 
 ties as prior to such consolidation, including the charge of his deputies, with 
 power of selection, appointment, and removal. 
 
CONSTITUTIONAL CONVENTION. 
 
 737 
 
 1922.] w*,**^*^ — -- 
 
 Section 23. This Constitution shall be submitted to the people of the 
 State of Illinois for adoption or rejection at an election to be held on Satur- 
 day . The county clerks of the 
 
 respective counties of this State shall give notice between the.... . 
 
 and.days of.. A. D. 1922, in the manner 
 
 required by law for notices of general elections, that at such election this 
 Constitution will be submitted to the electors of this State for adoption or 
 
 Section 24. Every person entitled to vote under the ’provisions of this 
 Constitution, as defined in the article on suffrage and election, shall be en¬ 
 titled to vote for the adoption or rejection of this Constitution, and such 
 persons shall vote by ballot at their usual places of voting at a general 
 election. Such election shall be conducted and the returns thereof made 
 according to the laws now in force regulating general elections, except that 
 no registry shall be required at such election except in election districts in 
 which registration of voters is now required for general elections. In such 
 districts no person shall vote except those registered as required by existing 
 laws. The polls shall be kept open at such election for the reception of 
 ballots from the hour of seven o’clock in the morning until the houi o 
 
 seven o’clock in the evening. . 
 
 Section 25. The officers now required by law, in the case of general 
 
 elections, to provide proper election supplies for each precinct or district, 
 shall provide, in the manner now required by law for conducting general 
 elections, all necessary poll books, tally sheets, form of return, and ball os 
 for such election. There shall be prepared and furnished one and one-tenth 
 ttoes as many ballots as there are votes In the election district in which 
 
 mich officers have jurisdiction. . ,, 
 
 Section 26. The elector shall designate his vote by a cross mark thus, 
 X to be placed in one of the spaces on the right-hand margin of the ballot. 
 Each ballot shall be a vote for a vote against the adoption of this Consti¬ 
 tution shall be indicated by the cross mark of the voter on the ballot. 
 
 Section 27 The ballots cast for and against this Constitution shall be 
 received and canvassed by the judges and clerks of such election and re¬ 
 turned to the county clerks of their respective counties, within five days 
 after such election, in the same manner as ballots cast for members of the 
 General Assembly are required by law to be received, canvassed, and re- 
 
 tUrn Sec«on U 28 . Tetons^shail be made by the several county clerks to the 
 Secretary of State and shall show the aggregate number of votes cast in 
 each county (a) for the adoption of this Constitution, and (b) against the 
 adoption of this Constitution. Such returns shall be made by the several 
 countv clerks within fifteen days after such election; such returns shall 
 within ten days thereafter be examined and canvassed by the Attorney 
 General the Secretary of State, the Auditor of Public Accounts, and the 
 ftate Treasurer or any three of them, in the presence of the Governor and 
 proclamation shall be made by the Governor forthwith of the, result of he 
 canvass. It it shall appear that a majority of the votes polled. are lot the 
 new Constitution, the same shall be the supreme law of the State ot Illinois 
 
 on ana ait .. George A. Duruy, Chairman , 
 
 Wm. E. Trautman, 
 
 Philip E. Elting, 
 
 Andrew H. Mills, 
 
 Albert E. Taff, 
 
 Committee on Schedule. 
 
 Minority Report of Committee on Siiedule. 
 
 The undersigned members of the Committee on Schedule beg leave to 
 make a minority report as to sections 8 and 9, in substitution for which 
 we offer the following: 
 
 —47 C J 
 
738 
 
 JOURNAL OF THE 
 
 [June 15, 
 
 Sec , t1 ^ 1 8 ;. The terms of office of the justices of the Supreme Court in 
 office at the time of the adoption of this Constitution are extended to the 
 2 * h ® r ®®?®* lv ® elections first to be held in the several districts 
 established by this Constitution; which elections shall be held in the month 
 oi June in the several years; and in the several districts, and (except as 
 herein otherwise provided) every ten years thereafter, as follows: 
 
 In the fourth district, in 1925, for election of one justice. 
 
 In the fifth district, in 1925, for election of one justice. 
 
 ul sixth district, in 1925, for election of one justice. 
 
 In the third district, in 1927, for election of one justice. 
 
 In the first district, in 1927, for election of one justice. 
 
 In the second district, in 1931, for election, of one justice. 
 
 The term of office of the Justice residing in the second district (elected 
 from the sixth district under the Constitution of 1870) is hereby extended 
 o the 7s ov ember election, 1927, at which time, or sooner in case of vacancv 
 therein, such office shall cease to exist. 
 
 Section 9. On the day this Constitution is submitted to the people for 
 ratification an election shall be held for a Justice of the Supreme Court in 
 the first judicial district designated in this Constitution at which election 
 
 e P tltled t0 vote according to the terms of this Constitution 
 shah be alloved to vote, and the election shall be otherwise conducted, re¬ 
 turns made and certificate issued in accordance with existing laws. If. upon 
 canvassing the votes for and against the adoption of this Constitution it 
 shall appeal that this Constitution shall not have been adopted, then no 
 certificate of election shall be issued for said Justice. 
 
 One member of the court, to be selected by themselves, from among the 
 members either of the first or the second district shall be designated and 
 serve as administrative executive of the Supreme Court, so long as there 
 shall be two members of the court from the second district under this Con¬ 
 stitution; and while so designated, such Justice shall be relieved from duty 
 in the consideration of causes pending in said court. 
 
 Said justice from the first district, if elected and commissioned shall 
 hold his office until the first Monday of June, nineteen hundred thirty-three. 
 
 The successor in office of the justice now in office in the first district 
 under this Constitution shall be elected on the first Monday of June, nine¬ 
 teen hundred twenty-seven, for a term to expire on the first Monday of 
 June, nineteen hundred thirty-seven. 
 
 The successor of the justice now in office for the second district under 
 this Constitution shall be elected on the first Monday in June, nineteen 
 hundred thirty-one, to expire on the first Tuesday after the first Monday in 
 November, nineteen hundred forty-one. 
 
 The successor of the justice now in office for the third district under this 
 Constitution shall be elected on the first Monday in June, nineteen hundred 
 twenty-seven for a term to expire on the first Tuesday after the first Monday 
 in November, nineteen hundred thirty-nine. 
 
 The successors in office of the justices now in office in the fourth and 
 sixth districts under this Constitution shall be elected on the first Monday 
 in June, nineteen hundred twenty-five for terms to expire respectively oil 
 the first Tuesday after the first Monday in November, nineteen hundred 
 thirty-five. 
 
 The successor in office of the justice now in office in the fifth district 
 under this Constitution, shall be elected on the first Monday in June, nine¬ 
 teen hundred twenty-five, for a term to expire on the first Monday in Novem¬ 
 ber, nineteen hundred thirty-seven. 
 
 George A. Dupuy. 
 Philip E. Eltixg. 
 
 The report of the committee was ordered printed and placed on the 
 General Orders. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 739 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. G. A. Dupuy to the chair, and 
 
 . ^ ^ 01lr 9 ; 3d o’clock a. m., the Convention went into Com¬ 
 
 mittee of the Whole for the consideration of the report of the Committee 
 
 on Schedule. 
 
 . ^ hour of 1:23 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. G. A. Dupuy, from the Committee of the Whole, having had 
 under consideration the report of the Committee on Schedule, reported 
 that the committee had made progress and recommended that section 25 
 of the Article on Schedule, of the Constitution of 1870. together with 
 sections 23 24, 25, 26, 27 and 28 of the report of the'Committee on 
 Schedule, be referred to the Committee on Submission and Address, and 
 that the Committee of the Whole be granted leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 At the hour of 1:25 o’clock p. m., Mr. DeYoung moved that th° 
 
 Convention do now adjourn until Tuesdav, June 20, 1922, at 10-00 
 
 o’clock a. m. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
740 
 
 JOURNAL OF THE 
 
 [June 20, 
 
 TUESDAY, JUNE 20, 1922, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Bev. David Wetzel, of the Second Chris¬ 
 tian Church, of Bloomington. 
 
 The Journal of Wednesday, June 14, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25, the Secretary 
 called the roll of the Convention, which resulted as follows: Present, 61. 
 
 Those answering present are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Gray 
 
 Lindly 
 
 Shuey 
 
 Barr 
 
 Dietz 
 
 Green 
 
 Mack 
 
 Six 
 
 Brandon 
 
 Dryer 
 
 Hamill 
 
 Miller 
 
 Sutherland 
 
 Brenholt 
 
 Dunlap 
 
 Hogan 
 
 Mills 
 
 Taff 
 
 Carlstrom 
 
 Dupuy, G. A. 
 
 Hull 
 
 Moore 
 
 Tebbens 
 
 Catron 
 
 Elting 
 
 Jack 
 
 Nichols 
 
 Todd 
 
 Chew 
 
 Fifer 
 
 Jarman 
 
 Pinnell 
 
 Torrance 
 
 Clarke 
 
 Ganschow 
 
 Johnson, L. C. 
 
 Potts 
 
 Warren 
 
 Coolley 
 
 Garrett 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Whitman 
 
 Corlett 
 
 Gee 
 
 Kerrick 
 
 Rosenberg 
 
 Wilson 
 
 Cruden 
 
 Gilbert 
 
 Kunde 
 
 Scanlan 
 
 Wolff 
 
 Cutting 
 
 Davis 
 
 Goodyear 
 
 Lill 
 
 Shanahan 
 
 Mr. President 
 Present—61. 
 
 On account of sickness Mr. Gale was excused from attendance at 
 
 the sessions of the Convention this week. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. G. A. Dupuy to the chair. 
 
 And at the hour of 10 :40 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the report of 
 the Committee on Schedule. 
 
 At the hour of 11:43 o'clock a. m. the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. G. A. Dupuy, from the Committee of the Whole, having had 
 under consideration the report of the Committee on Schedule, reported 
 that the committee had made progress, and recommended that Amend¬ 
 ment Xo. 6, as follows: 
 
 “Section 25 of the Judicial Article (VI) shall not prevent the appoint¬ 
 ment of sitting judges of the Appellate Court to serve in courts outside the 
 districts in which such judges reside.” 
 
 Be referred to the Committee on Judicial Department and that the 
 Committee of the Whole be granted leave to sit again. 
 
 And the report of the committee was concurred in. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 741 
 
 The Convention proceeding upon the consideration of the report of 
 the Committee on Phraseology and Style, on the subject of Future 
 Amendment of the Constitution, section 1 thereof, having heretofore 
 been read at large on June 14 and consideration postponed, was again 
 taken up. 
 
 Whereupon Mr. Whitman offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 2. 
 
 Amend section 1 of the report of the Committee on Phraseology and 
 Style, on the subject of Future Amendment of the Constitution, by striking 
 out in line six everything after the word “consist” to the end of the sent¬ 
 ence, and inserting in lieu thereof the following: “of one delegate to be 
 elected from each Senatorial District and one delegate from each district 
 to be composed of three continguous representative districts as shall be 
 prescribed by the law providing for the convention.” 
 
 Pending discussion Mr. Fifer moved that further consideration of 
 section 1, together with the pending amendment, be postponed. 
 
 The question being on‘the motion to postpone a division of the 
 Convention was had, resulting as follows: Yeas, 33; nays, 13. 
 
 And the motion prevailed. 
 
 At the hour of 12:00 o’clock, noon, Mr. Hamill moved that the 
 Convention do now take a recess until 2 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 2:00 o’Cloce: P. M. 
 
 The hour of 2 :00 o’clock p. m., having arrived, the Convention re¬ 
 sumed its session. 
 
 The Presiding presiding. 
 
 At the hour of 2 :05 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m., tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
742 
 
 JOURNAL OF THE 
 
 [June 21, 
 
 WEDNESDAY, JUNE 21, 1922, 9 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Rev. David Wetzel, of the Second 
 Christian Church, of Bloomington. 
 
 The Journal of Thursday, June 15, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was‘taken up, 
 and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25, the Secretary 
 called the roll of the Convention, which resulted as follows: Present, 78. 
 
 Those answering present are: Messrs. 
 
 Adams 
 
 Dietz 
 
 Hollenbeck 
 
 Mills 
 
 Sneed 
 
 Barr 
 
 Dryer 
 
 Hull 
 
 Moore 
 
 Sutherland 
 
 Brandon 
 
 Dunlap 
 
 Iarussi 
 
 Nichols 
 
 Taft 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Jack 
 
 O’Brien 
 
 Tebbens 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Todd 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Torrance 
 
 Catron 
 
 Pifer 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Traeger 
 
 Chew 
 
 Ganschow 
 
 Kerrick 
 
 Potts 
 
 Trautmann 
 
 Clarke 
 
 Garrett 
 
 Kunde 
 
 Rinaker 
 
 Wall 
 
 Coolley 
 
 Gee 
 
 Latchford 
 
 Rosenberg 
 
 Warren 
 
 Corlett 
 
 Gilbert 
 
 Dill 
 
 Scanlan 
 
 Whitman 
 
 Cruden 
 
 Goodyear 
 
 Lindly 
 
 Shanahan 
 
 Wilson 
 
 Cutting 
 
 Gray 
 
 Mack 
 
 Shuey 
 
 Wolff 
 
 Davis 
 
 Green 
 
 Meinert 
 
 Six 
 
 Woodward 
 
 Dawes 
 
 Hamill 
 
 Michal 
 
 Smith 
 
 Mr. President 
 
 De Young 
 
 Hogan 
 
 Miller 
 
 
 Present—78. 
 
 The Convention proceeding upon the consideration of the report of 
 the Committee on Phraseology and Style, on the subject of Future 
 Amendment of the Constitution, section 1 thereof, together with the 
 pending amendment offered by Mr. Whitman on yesterday, was again 
 taken up. 
 
 The question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: Yeas, 28; nays, 46. 
 
 And the amendment was lost. 
 
 Mr. Barr offered the following amendment and moved its adoption: 
 
 Amendment No. 3. 
 
 Amend section 1 by striking out the period after the word “district” 
 in the eighth line and adding the following: “and seven members to be 
 elected at large from the County of Cook.” ' 
 
 The question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: Yeas, 50; nays, 23. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 1, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 54; nays, 23. 
 
1922 . 
 
 CONSTITUTION’LL CONVENTION. 
 
 743 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Gray 
 
 Mack 
 
 Smith 
 
 Barr 
 
 Davis 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Brandon 
 
 Dietz 
 
 Hogan 
 
 Mills 
 
 Taff 
 
 Brenholt 
 
 Dryer 
 
 Hollenbeck 
 
 Moore 
 
 Todd 
 
 Cary, C. D. 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Torrance 
 
 Carlstrom 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Trautmann 
 
 Catron 
 
 F'ifer 
 
 Johnson, B. C. 
 
 Pinnell 
 
 Wall 
 
 Chew 
 
 Garrett 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Warren 
 
 Clarke 
 
 Gee 
 
 Kerrick 
 
 Scanlan 
 
 Whitman 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Shuey 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Six 
 
 Yeas— 
 
 Cruden 
 Dawes 
 De Young 
 Dupee, E. H. 
 Dupuy, G. A. 
 
 Section 
 
 Traeger 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Nays—23. 
 
 Those voting in the negative are: Messrs. 
 
 Ganschow Latchford Potts 
 
 Hamill Michal Rosenberg 
 
 Hull Miller Shanahan 
 
 Iarussi O’Brien Tebbens 
 
 Kunde Pincus 
 
 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Rule *10. 
 Mr. Fifer moved to reconsider the vote by which section 1 was 
 
 adopted. 
 
 Mr. LIJSTDLY moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in the 
 
 affirmative. 
 
 Mr. Jarman moved to suspend the rules for the purpose of recon¬ 
 sidering the vote by which section 8 ? of the Legislative Article, was 
 heretofore adopted on May 4. 
 
 The question being on the motion to suspend the rules, a division ot 
 the Convention was had, resulting as follows: Yeas, 38; nays, 44. 
 
 And the motion was lost. 
 
 The Convention proceeding upon the consideration of Report Yo. 8, 
 of the Committee on Phraseology and Style, on the subject of Chicago 
 and Cook County, section 16a, having heretofore been read at large and 
 consideration postponed, was again taken up. 
 
 Whereupon, Mr. Hamill offered the following as a substitute for 
 
 j- ' 
 
 section 16a, and moved its adoption: 
 
 Amend section 16a, by substituting therefor the following: 
 
 Section 16a. The City of 'Chicago may issue bonds (in addition to any 
 debt otherwise permittde by this Constitution) for the purpose of acquiring 
 or constructing subways, if before the issuance of such bonds the city shall 
 have entered into a contract with a responsible lessee of such subways for 
 such period of time and upon such terms that the rent paid shall defray 
 the interest and discharge the principal of such bonds within the period 
 of such contract. 
 
 To the lessee of such subways the city may grant a license to use streets 
 for transportation of passengers during the term of the lessee’s contract 
 rights in the subways. No such bonds shall be issued unless the proposi¬ 
 tion therefor is approved at an election by a majority of those voting on 
 the question. 
 
 Pending discussion, Mr. Michal offered the following as a substitute 
 for the substitute, which the Chair ruled was not in order: 
 
 “The City of Chicago, by and through its City Council, shall have 
 plenary right, power and authority to grant franchises or enter into con¬ 
 tract ordinances with persons, firms or corporations for the purpose of 
 
JOURNAL OF THE 
 
 [June 21, 
 
 741 
 
 supplying and furnishing transportation, heat, light, power or communica¬ 
 tion by wire or otherwise; such franchises or contract ordinances shall be 
 for a period not to exceed 40 years.” snail be 
 
 The question then being on the adoption of the substitute offered by 
 
 Mr. Hamm, a division of the Convention was had, resultino- as follows • - 
 leas, 13; hays, 46. ° 
 
 And the substitute was lost. 
 
 Mr. Miller offered the following amendments and moved their adop- 
 
 Amendment No. 24. 
 
 Amend section 16a, by adding thereto the following: 
 
 “Publicly owned income producing property used 'for transportation 
 shall be taxed in the same manner as privately owned property used for 
 like purpose.” u 
 
 And the amendment was adopted. 
 
 Amendment No. 25. 
 
 Amend section 16a, by inserting after the word “including” in the third 
 paragraph thereof the words “taxes assessments.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 16a, as amended, 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 Adams 
 
 Dietz 
 
 Hull 
 
 Miller 
 
 Barr 
 
 Dryer 
 
 Iarussi 
 
 Mills 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Jarman 
 
 Nichols 
 
 Cary, C. D. 
 
 Elting 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Carlstrom 
 
 Ganschow 
 
 Johnson, W. A. 
 
 Paddock 
 
 Catron 
 
 Garrett 
 
 Kerrick 
 
 Pincus 
 
 Chew 
 
 Gee 
 
 Kunde 
 
 Pinnell 
 
 Clarke 
 
 Gilbert 
 
 Latchford 
 
 Potts 
 
 Coolley 
 
 Goodyear 
 
 Lill 
 
 Rinaker 
 
 Cruden 
 
 Gray 
 
 Lindly 
 
 Rosenberg 
 
 Davis 
 
 Green 
 
 Mack 
 
 Scanlan 
 
 Dawes 
 
 De Young 
 
 Hogan 
 
 Meinert 
 
 Shuey 
 
 Those voting in the negative are: 
 
 Corlett Dupuy, G. A. "Hamill 
 
 Cutting Pifer Hollenbeck 
 
 Messrs. 
 
 Michal 
 
 Todd 
 
 Six 
 
 Smith 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 W arren 
 
 Whitman 
 
 Wolff 
 
 Mr. President 
 
 Yeas—68. 
 
 Wilson 
 
 Woodward 
 
 Nays—10. 
 
 Total—1. 
 
 Answering present but not voting: Mr. 
 
 Shanahan 
 
 Section 16a, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action as provided by Pule 20. 
 
 Mr. Hull moved to reconsider the vote by which section 16a was 
 adopted. 
 
 Mr. Lindly moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in 
 the affirmative. 
 
 Section 17a was again taken up. 
 
 \\ hereupon Mr. Miller offered the following amendment and moved 
 its adopt ion : 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 745 
 
 Amendment No. 26. 
 
 Amend section 17a by adding thereto the following paragraph: 
 
 “The City of Chicago, having constructed or acquired any subway or 
 other property for transportation purposes may let the same to an oper¬ 
 ating company but only for such period of time, indeterminate or otherwise, 
 as shall be approved by a majority of the voters of said city voting on the’ 
 question. i 
 
 Pending discussion, at the hour of 1:20 o'clock p. m., Mr. Green 
 moved that the Convention do now take a recess until 2:15 o'clock p. m. 
 
 And the motion prevailed. 
 
 2:15 o'Clock P. M. 
 
 The hour of 2:15 ofclock p. m. having arrived, the Convention 
 resumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of Amendment No. 26, to section 17a, of Keport No. 8, the 
 same was again taken up. 
 
 . Whereupon Mr. O'Brien offered the following amendment to Amend¬ 
 ment No. 26, and moved its adoption: 
 
 Amendment No. 1 to Amendment No. 26. 
 
 Amend Amendment No. 26 by striking out after the word “time” in 
 line 4 the words “indeterminate or otherwise.” 
 
 The question being on the adoption of the amendment to the amend¬ 
 ment, a division of the Convention was had, resulting as follows: Yeas, 
 
 24; nays, 16. 
 
 And the amendment to the amendment was adopted. 
 
 The question then being on the adoption of Amendment No. 26, as 
 amended, it was decided in the affirmative. 
 
 Mr. Miller offered the following amendment and moved its adop¬ 
 tion : . ' 
 
 Amendment No. 27. 
 
 Amend section 17a, by adding at the end thereof the following: 
 
 “Publicly owned income producing property of the City of Chicago or 
 of any local government or authority exercising powers within the limits 
 of the city used for transportation shall be taxed in the same manner as 
 privately owned property used for like purpose, notwithstanding any other 
 provision in this Constitution.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 17a, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 67; nays, 4. 
 
746 
 
 JOURNAL OF THE 
 
 | June 21, 
 
 Those voting in the 
 
 affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Dietz 
 
 Hollenbeck 
 
 Miller 
 
 Sutherland 
 
 Barr 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Taff 
 
 Brandon 
 
 Dunlap 
 
 Iarussi 
 
 Moore 
 
 Tebbens 
 
 Brenholt 
 
 Dupee, E. H. 
 
 Jack 
 
 Nichols 
 
 Torrance 
 
 Carlstrom 
 
 Dupuy, G. A. 
 
 Jarman 
 
 O’Brien 
 
 Traeger 
 
 Catron 
 
 Elting 
 
 Johnson, L. C. 
 
 Paddock 
 
 Trautmann 
 
 Chew 
 
 Ganschow 
 
 Kerrick 
 
 Pincus 
 
 Wall 
 
 Clarke 
 
 Garrett 
 
 Kunde 
 
 Pinnell 
 
 Warren 
 
 Coolley 
 
 Gilbert 
 
 Latchford 
 
 Rosenberg 
 
 Whitman 
 
 Cruden 
 
 Goodyear 
 
 Lill 
 
 Shuey 
 
 Wilson 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Six 
 
 Wolff 
 
 Davis 
 
 Green 
 
 Mack 
 
 Smith 
 
 Woodward 
 
 Dawes 
 
 Hamill 
 
 Meinert 
 
 Sneed 
 
 Mr. President 
 
 De Young 
 
 Hogan 
 
 
 
 Yeas—67. 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Corlett 
 
 Pifer 
 
 Michal 
 
 Todd 
 
 Nays—4. 
 
 Answering present but not voting: 
 
 Mr. 
 
 
 Shanahan 
 
 
 
 
 Total—1. 
 
 Section 17a, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 
 Mr. Miller offered the following as a new section to be known as 
 section 17b, and moved its adoption: 
 
 Amend Report No. 8 of the Committee on Phraseology and Style on the 
 Subject of Chicago and Cook County by adding thereto after section 17a, 
 the following section: 
 
 “Section 17b. The City of Chicago may also license the use of its 
 streets for street railroad or other transportation purposes, hut only upon 
 such terms and for such period of time as shall be approved by a majority 
 of the voters of said city voting on the question.” 
 
 The question then being on the adoption of section 17 b, a call of the 
 roll was had, resulting as follows: Yeas, 12; nays, 54. 
 
 Those voting in the affirmative are: Messrs. 
 
 Corlett Dawes Hamill Pincus Wall 
 
 Cutting DeYoung Miller Torrance Wilson 
 
 Davis Gilbert Yeas 12. 
 
 Those voting in the negative are: Messrs. 
 
 Adams 
 Barr 
 Brandon 
 Brenholt 
 Cary, C. D. 
 
 Carlstrom 
 Catron 
 Coolley 
 Cruden 
 Dietz 
 
 Dupee, E. H. 
 
 Answering present but not voting: Messrs. 
 
 Hollenbeck Shanahan 
 
 Section 17b, having failed to receive the votes of a majority of the 
 
 Delegates elected, was declared lost. 
 
 Air. Hull moved to reconsider the vote bv which section 17a was 
 
 adopted. 
 
 Mr. Lindlv moved to lay that motion on the table. 
 
 And the question being on the motion to table it was decided in the 
 affirmative. 
 
 Mr. Hull moved to reconsider the vote by which section lib was 
 
 lost. 
 
 Mr. Lindly moved to lay that motion on the table. 
 
 Dupuy, G. A. 
 
 El ting 
 
 Ganschow 
 
 Garrett 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hull 
 
 Iarussi 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Kunde 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 Meinert 
 
 Michal 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Pinnell 
 
 Potts 
 
 Scanlan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sutherland 
 
 Taff 
 
 Tebbens 
 
 Todd 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Whitman 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Nays—-54. 
 
 Total—2. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 747 
 
 And the question being on the motion to table, it was decided in the 
 
 affirmative. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. G. A. Dupuy to the chair. 
 
 And at the hour of 3 :40 o’clock p. m. 5 the Convention went into 
 Committee of the Whole for the further consideration of the report of 
 the Committee on Schedule. 
 
 At the hour of 4:20 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. G. A. Dupuy, from the Committee of the Whole, having had 
 under consideration the report of the Committee on Schedule, reported 
 that the committee had made progress and asked leave to sit again. 
 
 And the report of the committee was concurred in. 
 
 Mr. Hami 11 moved to suspend the rules for the purpose of recon¬ 
 sidering the vote by which section 6, of the Article on Suffrage and ' 
 Elections was heretofore adopted on April 26. 
 
 The question being on the motion to suspend the rules, a division of 
 the Convention was had, resulting as follows: Yeas, 28; nays, 39. 
 
 And the motion was lost. 
 
 Mr. Davis moved to suspend the rules for the purpose of reconsider¬ 
 ing the vote by which section 6, of the Article on Suffrage and Elections 
 was heretofore adopted on April 26, for the purpose of offering one 
 amendment. 
 
 The question being on the motion to suspend the rules, a division of 
 the Convention was had, resulting as follows: Yeas, 54; nays, 16. 
 
 And the motion prevailed. 
 
 Mr. Davis thereupon moved to reconsider the vote by which section 
 6, of the Article on Suffrage and Elections was adopted on April 26. 
 
 And the motion prevailed. 
 
 Whereupon Mr. Davis offered the following amendment and moved 
 
 its adoption: 
 
 Amendment No. 4. 
 
 Amend section 6 of the Article on Suffrage and Elections by adding 
 after the word and figure “Section 6” the following: “Except in the County 
 of Cook, any subdivisions thereof or municipal corporations therein.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 6, as amended, a 
 call of the roll was had, resulting as follows: Yeas, 66; nays, 7. 
 
748 
 
 JOURNAL OF THE 
 
 [June 21. 
 
 Those voting in the affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Elting 
 
 Jarman 
 
 Moore 
 
 Sneed 
 
 Brandon 
 
 Fifer 
 
 Johnson, L. C. 
 
 Nichols 
 
 Sutherland 
 
 Brenholt 
 
 Ganschow 
 
 Johnson, W. A. 
 
 O’Brien 
 
 Tebbens 
 
 Cary, C. D. 
 
 Garrett 
 
 Kerrick 
 
 Paddock 
 
 Torrance 
 
 Carlstrom 
 
 Goodyear 
 
 Kunde 
 
 Pincus 
 
 Traeger 
 
 Chew 
 
 Gray 
 
 Latchford 
 
 Pinnell 
 
 Trautmann 
 
 Clarke 
 
 Green 
 
 Lill 
 
 Potts 
 
 Wall 
 
 Cruden 
 
 Hamill 
 
 Lindiy 
 
 Rosenberg 
 
 Warren 
 
 Cutting 
 
 Hogan 
 
 Mack 
 
 Scanlan 
 
 Whitman 
 
 Davis 
 
 Hollenbeck 
 
 Meinert 
 
 Shanahan 
 
 Wilson 
 
 Dawes 
 
 Hull 
 
 Michal 
 
 Shuey 
 
 Wolff 
 
 De Young 
 
 Iarussi 
 
 Miller 
 
 Six 
 
 Woodward 
 
 Dietz 
 
 Jack 
 
 Mills 
 
 Smith 
 
 Mr. President 
 
 Dunlap 
 
 
 
 
 Yeas—66 
 
 Those voting in the negative are: 
 
 Messrs. 
 
 
 Barr 
 
 Dupee, E. H. 
 
 Rinaker 
 
 Taff 
 
 Todd 
 
 Corlett 
 
 Dupuy, G. A. 
 
 
 
 Nays—7 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseolog}^ and Style for action as provided by Rule 20. 
 
 Mr. Carlstrom called up his motion of March 7, to reconsider the 
 vote by which section 10, of Report No. 11, of the Committee on Phrase¬ 
 ology and Style, had failed to pass. 
 
 Mr. Fifer moved to lay that motion on the table. 
 
 The question being on the motion to table, a division of the Conven¬ 
 tion was had, resulting as follows: Yeas, 31; nays, 38. 
 
 And the motion to table was lost. 
 
 The question recurring on the motion to reconsider, it was decided 
 in the. affirmative. 
 
 And section 10 was again taken up. 
 
 Whereupon Mr. Carlstrom offered the following as a substitute for 
 the first paragraph of section 10 and moved its adoption: 
 
 Amend section 10 by substituting for the first paragraph thereof the 
 following: 
 
 “Cities under 500,000 population may be authorized by law to issue 
 bonds (in addition to any debt otherwise permitted by this Constitution) 
 up to 5 per cent of the full value of the taxable real property therein as 
 ascertained by the last assessment for State and county taxes previous to 
 the issuance of such bonds; but any such bonds may be issued only for 
 acquiring; leasing, constructing or operating income-producing property 
 for supplying light, electric current, water, or either of such services to 
 the municipality and to its inhabitants.” 
 
 Mr. Green moved to amend the substitute bv adding the word 
 
 w o 
 
 “transportation” after the word “light.” 
 
 And the motion was lost. 
 
 Mr. Moore moved to amend the substitute bv striking out the words 
 “and to its inhabitants.” 
 
 Mr. Scanlan moved to lay that motion on the table. 
 
 And the question being on the motion to table it was decided in the 
 affirmative. 
 
 Mr. Six moved to amend the substitute by striking out the words 
 “electric current and light.” 
 
 Mr. Scanlan moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in 
 the affirmative. 
 
CONSTITUTIONAL CONVENTION. 
 
 749 
 
 1922.] 
 
 The question then being on the adoption of the substitute, offered 
 by Mr. Carlstrom, a division of the Convention was had, resulting as fol¬ 
 lows: Yeas, 33; nays, 36. 
 
 And the substitute for the first paragraph of section 10 was lost. 
 
 Mr. Dunlap moved that section 10, of Report No. 11, of the Com¬ 
 mittee on Phraseology and Style, be ordered to lie on the table. 
 
 And the motion prevailed. , , 
 
 Mr. Sutherland moved that section 11, of Report ho. 11, ol tie 
 Committee on Phraseology and Style, be ordered to lie on the table. 
 
 And the motion prevailed. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 
 called Mr. G. A. Dupuy to the chair. 
 
 And at the hour of 6 :20 o’clock p. m., the Convention went into 
 Committee of the Whole for the further consideration of the report of 
 the Committee on Schedule. 
 
 At the hour of 6:30 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. t . 
 
 Mr. G. A. Dupuy, from the Committee of the Whole, having had 
 
 under consideration the report of the Committee on Schedule, reported 
 the same hack together with the following amendments thereto, to-wit: 
 Amend section 22 by striking out the word “assistant” in the third line 
 
 and inserting in lieu thereof the word “associate. , 
 
 Amend the. last sentence of section 14 by substituting therefor t le 
 
 “After the expiration of his term of office all such authority and su P ei \" 
 vision shall devolve upon some elective county officer or officers as provide 
 by law which provision shall be made by the General Assembly by the nrs 
 day of July, A. D. 1925.” 
 
 Amend section 6 by adding at the end thereof the following. 
 
 “Except as in this Constitution otherwise provided, the term of office 
 of every person holding any office of the State, or of any political subdivision 
 thereof or municipal corporation therein shall expire at the time provided 
 bv existing laws. All persons who shall be elected to office at any election 
 occurring prior to November, A. D. 1923, shall hold office during the regular 
 term provided by law and for the additional time until the next ensuing 
 
 November election.” 
 
 Amend section 19 by substituting therefor the following: 
 
 Section 19 The Clerk of the Circuit Court of Cook County in office 
 on the first Monday of May, A. D. 1923, shall be the clerk of the Circuit 
 Court herein provided, and the clerks of the Superior, Criminal County and 
 Probate Courts of Cook County and of the Municipal Court of Chicago shall, 
 during the terms for which they were respectively elected, be associate 
 clerks of the Circuit Court of Cook County, exercising as near as may be 
 the same powers, including those relating to the appointment and discharge 
 of employes, and to the collection and disbursement of monies and perform¬ 
 ing tbe same duties and receiving the same salaries as on the first Monday 
 
 ° f ^pf’case^here 3 shall occur a vacancy in the office of the clerk of the 
 Circuit Court of Cook County at any time prior to the November election 
 in the vear A. D. 1924, then and in that case such vacancy shall be filled 
 by appointment by a majority of tbe judges and associate judges, of t e 
 
750 journal of the [June 21, 
 
 Circuit Court of one of such associate clerks who shall hold office until 
 the November election in 1924. 
 
 Amend the report of the Committee on Scehdule by adding thereto the 
 following new sections: 
 
 Note: Section to be offered as an additional section in Report of 
 Schedule Committee and if adopted to be transferred to the proper section 
 of the Constitution by the Committee on Phraseology and Style. 
 
 (Section 29 Legislative Article Constitution of 1870). 
 
 Section 22a. The General Assembly shall pass laws for the protection 
 of operative miners, providing for ventilation and the construction of es¬ 
 capement shafts or other appliances securing safety in mines; and shall 
 provide for the enforcement thereof by such penalties and punishments as 
 it deems proper. 
 
 Section 22b. All laws of the State of Illinois and all official writings 
 and the executive, legislative and judicial proceedings shall be conducted, 
 preserved and published in no other than the English language; but the 
 Supreme Court may, by rule, provide for the use in the files and records 
 of judicial proceedings of such abbreviations of words and sentences as the 
 court may deem proper. 
 
 Section 18%. Counties having a population of less than seventy-five 
 thousand which have a county judge and a probate judge at the time of the 
 adoption of this Constitution, shall elect in nineteen hundred twenty-seven 
 two county judges. 
 
 Section 22c. Each court into which, by the provisions of this Consti¬ 
 tution, other courts are consolidated shall immediately upon such consoli¬ 
 dation, succeed to and assume jurisdiction of all causes, matters and pro¬ 
 ceedings then pending in all courts of which it is the successor, with full 
 power and authority to dispose of the same, and to carry into execution 
 or otherwise to give effect to all orders, judgments and decrees theretofore 
 entered by the respective courts thus consolidated. 
 
 Section 22d. All judicial circuits established by law at the adoption 
 of this Constitution shall be preserved until changed by law. 
 
 Section 1014. The clerk of the Supreme Court and the clerks of the 
 Appellate Courts holding office at the time this Constitution goes into effect 
 shall hold office until the expiration of the term of office to which they have 
 been elected. 
 
 Section 1314. The judges of the Circuit Couit of each ciicuit, other 
 than the County of Cook, in office at the time of the adoption of this Con¬ 
 stitution, shall continue to hold office during the term for which they were 
 elected or appointed and until their successors are elected and shall qualify. 
 
 Section 13%. The Circuit Court of each county is hereby continued, 
 and on the first Monday of November, A. D. 1927, the Circuit and City 
 Courts in each county, other than Cook, wheie both courts exist, shall be 
 consolidated into one court of record to be known as the Circuit Court. 
 
 And recommended that the report of the Committee on Schedule, 
 as amended, do pass. 
 
 The report of the committee was concurred m and the report ol tlie 
 Committee on Schedule, as amended, was referred to the Committee on 
 Phraseology and Style. 
 
 Mr. Scanlan moved to suspend the rules for the purpose of recon¬ 
 sidering the vote by which section 112, of the Article on Judicial De¬ 
 partment, was adopted. 
 
 And on that motion a division of the Convention was had, resulting 
 
 as follows: Yeas, 35; nays, 15. 
 
 And the rules were suspended. # 
 
 Mr. Scanlan thereupon moved to reconsider the vote by which sec¬ 
 tion 112, of the Article on Judicial Department, was adopted. 
 
 And the motion prevailed. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 751 
 
 Mr. Scanlan moved to amend section 112 by adding at the end 
 thereof the following: “In any county where there are two county 
 judges, or more, they shall determine by lot on the first Monday of 
 January, each year, which one of them shall act as Chief Justice for the 
 ensuing year.” 
 
 The question being on the adoption of the amendment it was de¬ 
 cided in the affirmative. 
 
 Pending discussion, Mr. Hamill moved to reconsider the vote by 
 which the amendment to section 112 was adopted. 
 
 And the motion prevailed. 
 
 Mr. Hamill thereupon moved that the amendment lie on the table. 
 
 And the question being on the motion to table, it was decided in 
 the affirmative. 
 
 Mr. Hamill moved to reconsider the vote by which the vote on the 
 ' adoption of section 112 was reconsidered. 
 
 And the motion prevailed. 
 
 Whereupon Mr. Hamill moved that the motion to reconsider the 
 vote by which section 112 was adopted, lie on the table. 
 
 And the motion prevailed. 
 
 At the hour of 6 :50 o’clock p. m., Mr. Green moved that the Con¬ 
 vention do now adjourn until 9 :00 o’clock a. m. tomorrow. 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
752 
 
 JOURNAL OP THE 
 
 [June 22, 
 
 THURSDAY, JUNE 22, 1922, 9 :00 O'CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Eev. David Wetzel, of the Second 
 Christian Church, of Bloomington. 
 
 The Journal of Tuesday, June 20, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken 
 up and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25, the Secretary 
 call the roll of the Convention, which resulted as follows Present, 75. 
 
 Those answering present are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Michal 
 
 Smith 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Miller 
 
 Sneed 
 
 Beckman 
 
 De Young 
 
 Hull 
 
 Mills 
 
 Sutherland 
 
 Brandon 
 
 Dietz 
 
 Iarussi 
 
 Moore 
 
 Taff 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Tebbens 
 
 Brewster 
 
 Dupuy, G. A. 
 
 Jarman 
 
 O’Brien 
 
 Todd 
 
 Cary, C, D. 
 
 Elting 
 
 Johnson, L. C. 
 
 Paddock 
 
 Torrance 
 
 Carlstrom 
 
 Fifer 
 
 Johnson, W. A. 
 
 Pincus 
 
 Traeger 
 
 Catron 
 
 Ganschow 
 
 Kerrick 
 
 Pinnell 
 
 Trautmann 
 
 Chew 
 
 Garrett 
 
 Kunde 
 
 Rinaker 
 
 Wall 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 R,osenberg 
 
 Warren 
 
 Coolley • 
 
 Goodyear 
 
 Lill 
 
 Scanlan 
 
 Whitman 
 
 Corlett • 
 
 Gray 
 
 Lindly 
 
 Shanahan 
 
 Wilson 
 
 Cruden 
 
 Green 
 
 Mack 
 
 Shuey 
 
 Woodward 
 
 Cutting 
 
 Hamill 
 
 Meinert 
 
 Six 
 
 Mr, President 
 
 Present—75. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Sneed to the chair. 
 
 And at the hour of 9 :30 o’clock a. m., the Convention went into 
 Committee of the Whole for the consideration of the majority and 
 minority reports of the Committee on Industrial Affairs and Labor, sub¬ 
 mitted December 8, 1920. 
 
 At the hour of 9:45 o’clock a. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Sneed, from the Committee of the Whole, having had under 
 consideration the majority and minority reports of the Committee on 
 Industrial Affairs and Labor, reported back Proposal Ko. 232 with the 
 recommendation that it do not pass. 
 
 Mr. Miller moved as a substitute for the report of the committee 
 that the Convention non-concur in the report. 
 
 Whereupon Mr. ILamill raised the point of order that the motion to 
 non-concur was not in order for the reason that a vote on the report 
 direct accomplished the same purpose. 
 
 And the point of order was sustained by the Chair. 
 
 The question then being on the adoption of the report of the com¬ 
 mittee, a call of the roll was ordered. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 753 
 
 Pending which, Mr. Miller moved that the report of the Committee 
 of the Whole be recommitted. 
 
 Whereupon Mr. Hamill raised the point of order that the motion 
 was out of order for the reason that the roll call on the adoption of the 
 report had already been started. 
 
 And the point of order was sustained by the Chair. 
 
 The roll having been completed, resulted as follows: Yeas, 30; 
 nays, 36. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Beckman 
 
 Brewster 
 
 Chew 
 
 Clarke 
 
 Dawes 
 
 Dietz 
 
 Dupuy, G. A. 
 
 Garrett 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Jack 
 
 Lindly 
 
 Mack 
 
 Meinert 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Rinaker 
 
 Six 
 
 Taff 
 
 Todd 
 
 Torrance 
 Whitman 
 Wilson 
 Woodward 
 Mr. President 
 
 Yeas—30. 
 
 Those voting in the negative are: Messrs. 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Coolley 
 
 Cutting 
 
 Davis 
 
 Dunlap 
 
 Fifer 
 
 Gilbert 
 
 Hogan 
 
 Hollenbeck 
 
 Hull 
 
 Iarussi 
 
 Jarman 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Latchford 
 
 Lill 
 
 Michal 
 
 Miller 
 
 O’Brien 
 
 Pincus 
 
 Pinnell 
 
 Potts 
 
 Rosenberg 
 
 Scanlan 
 
 Shuey 
 
 Smith 
 
 Answering present but not voting: Mr. 
 
 Corlett 
 
 Sneed 
 
 Sutherland 
 
 Tebbens 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Nays—36. 
 
 Total—1. 
 
 And the Convention refused to concur in the recommendation of 
 
 the Committee of the Whole. 
 
 Whereupon Mr. Sneed moved that the report of the Committee of 
 the Whole be recommitted. 
 
 And the motion prevailed. 
 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Sneed to the chair, who, in turn, called Mr. Scanlan to the 
 
 chair. 
 
 And at the hour of 10:15 o’clock a. m., the Convention went into 
 Committee of the Whole for the further consideration of the majority 
 and minority reports of the Committee on Industrial Affairs and Labor, 
 submitted December 8, 1920. 
 
 At the hour of 12:07 o’clock p. m., the Convention resumed its 
 
 session. 
 
 The President presiding. 
 
 Mr. Sneed, from the Committee of the Whole, having had under 
 consideration the majority and minority reports of the Committee on 
 Industrial Affairs and Labor, submitted December 8, 1920, reported that 
 the Committee had adopted the following amendment in lieu of the 
 majority and minority reports, as follows: 
 
 Amend the majority and minority reports by striking out all after the 
 word and figure “Section 1” and inserting in lieu thereof the following: 
 
 “No law shall be passed denying the right of workmen to organize into 
 trade and labor unions and to deal and speak through representatives 
 chosen by themselves.” 
 
 —48 C J 
 
754 journal op the [June 22 , 
 
 And recommended that the report of the Committee on Industrial 
 Affairs and Labor, as amended, do pass. 
 
 The report of the committee was concurred in and the report of the 
 Committee on Industrial Affairs and Labor, as amended, was referred to 
 the Committee on Phraseology and Style. 
 
 The Convention proceeding on the order of reports of standing com¬ 
 mittees. 
 
 Mr. Green submitted the following report: 
 
 Your Committee on Submission and Address respectfully makes the 
 following report and moves its adoption by the Convention: 
 
 We recommend that the following sections be adopted and incorporated 
 as a part of the schedule to the main body of the Constitution: 
 
 Section 1. This Constitution shall be submitted to the people of the 
 State of Illinois for adoption or rejection at an election to be held on Tues¬ 
 day the twelfth day of December in the year nineteen hundred and twenty- 
 two. The county clerks of the respective counties of this State shall give 
 notice between the first and tenth days of November, 1922, in the manner 
 required by law for notices of general elections, that at such election this 
 Constitution will be submitted to the electors of this State for adoption or 
 rejection. 
 
 Section 2. Every person entitled to vote under the provisions of existing 
 laws shall be entitled to vote for the adoption or rejection of this Consti¬ 
 tution, and such persons shall vote by ballot. Such election shall be con¬ 
 ducted and the returns thereof made according to the laws now in force 
 regulating general elections. The polls shall be kept open at such election 
 from the hour of six o’clock in the morning until the hour of seven o’clock 
 in the evening. 
 
 Section 3. The officers now required by law, in the case of general elec¬ 
 tions, to provide proper election supplies for each precinct or district, shall 
 provide, in the manner now required by law for conducting general elec¬ 
 tions, all necessary poll books, tally sheets, form of return, and ballots for 
 such election. 
 
 Section 4. The ballots to be used at such election shall be substantially 
 in the following form: 
 
 PROPOSED NEW CONSTITUTION ELECTION 
 
 BALLOT. 
 
 j SHALL THE PROPOSED NEW 
 
 1 
 
 . 1 -1 
 
 YES ! 
 
 f i 
 
 i i 
 
 | CONSTITUTION BE ADOPTED 
 
 1 
 
 1 1 
 
 1 I 
 
 | NO | | 
 
 1 1 
 
 Section 5. The elector shall designate his vote by a cross mark thus, 
 X, to be placed in one of the squares on the right hand margin of the ballot. 
 Each ballot cast shall be a vote for or a vote against the adoption of this' 
 Constitution, as shall be indicated by the cross mark of the voter on the 
 ballot. 
 
 Section 6. The ballots cast for and against this Constitution shall be 
 received and canvassed by the judges and clerks of such election and re¬ 
 turned as provided by law for general elections. 
 
 Section 7. Within fifteen days after such election, returns thereof shall 
 be made by the several county clerks to the Secretary of State and shall 
 show the aggregate number of votes cast in each county (a) for the adop¬ 
 tion of this Constitution, and (b) against the adoption of this Constitution. 
 Such returns shall within ten days thereafter be examined and canvassed 
 by the Attorney General, the Secretary of State, the Auditor of Public Ac- 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 755 
 
 counts, and the State Treasurer, or any three of them, in the presence of 
 the Governor, and proclamation shall be made by the Governor forthwith 
 of the result of the canvass. If it shall appear that a majority of the votes 
 cast are for the adoption of the new Constitution, the same shall be the 
 supreme law of the State of Illinois on and after the fifteenth day of Janu¬ 
 ary, A. D. 1923, and the existing Constitution shall thereupon cease in all 
 its provisions. 
 
 Respectfully submitted, 
 
 (Signed) Henry I. Green, 
 
 Martin J. O’Brien, 
 William Ganschow, 
 Lewis A. Jarman, 
 
 David E. Shanahan, 
 Rodney H. Brandon, 
 Arthur M. Smith, 
 Charles H. Hamill, 
 
 Abel Davis, 
 
 George A. Barr, 
 
 Wm. J. Sneed, 
 
 Committee. 
 
 . The report of the committee was ordered printed and placed on the 
 General Orders. 
 
 Mr. Clarke submitted the following report: 
 
 REPORT NO. 21. 
 
 YOUR COMMITTEE ON PHRASEOLOGY AND STYLE TO WHICH WAS 
 
 REFERRED A PROPOSAL ENTITLED, THE SCHEDULE AS 
 
 AMENDED IN COMMITTEE OF THE WHOLE RESPECTFULLY RE¬ 
 PORTS THAT IT HAS CONSIDERED SUCH PROPOSAL AND SUB¬ 
 MITS HEREWITH A SUBSTITUTE THEREFOR AS RECOMMENDED 
 
 BY THIS COMMITTEE. 
 
 Resolved, That the following shall become a part of the Schedule of the 
 Constitution of Illinois: 
 
 Section 1. All laws in force at the adoption of this Constitution not 
 inconsistent therewith and all rights, actions, prosecutions, claims and con¬ 
 tracts of this State or of individuals or of bodies corporate shall continue 
 to be as valid as if this Constitution had not been adopted. 
 
 Section 2. All fiines, taxes, penalties, and forfeitures due this State 
 under the present Constitution and laws shall inure to the people of this 
 State under this Constitution. 
 
 Section 3. Recognizances, bonds, obligations and all other instruments 
 entered into before the adoption of this Constitution to the people of this 
 State or to any subdivision thereof or to any municipal corporation or to 
 any public officer shall remain binding and valid. All crimes and misde¬ 
 meanors shall be tried and punished as if no change had been made in the 
 Constitution of this State. 
 
 Section 4. All persons now holding offices or appointments shall con¬ 
 tinue the exercise of the duties thereof according to their respective com¬ 
 missions or appointments unless otherwise directed by this Constitution or 
 other law. 
 
 Section 5. Except as otherwise provided in this Constitution and sub¬ 
 ject to such changes in their duties as are prescribed therein, all persons 
 elected to office at the election in November nineteen hundred twenty-two 
 shall continue in office during the terms for which they are respectively 
 elected. 
 
 (Note: If this Constitution is to be submitted after the election in November 
 nineteen hundred twenty-two the foregoing- section should be omitted.) 
 
 Section 6. In order that elections be held regularly in November, all 
 persons who shall hereafter be elected to any office of the State or of any 
 
756 
 
 JOURNAL OP THE 
 
 [June 22, 
 
 subdivision thereof at any election held prior to the November election 
 nineteen hundred twenty-three, shall hold office until the next ensuing Nov¬ 
 ember election following the date when the term of such office would other¬ 
 wise expire. 
 
 Except as otherwise provided in this Constitution, every person holding 
 any office of this State or of any subdivision thereof at the time of the adop¬ 
 tion of this Constitution and whose term of office shall expire after the 
 November election nineteen hundred twenty-three, shall continue in office 
 until the November election next ensuing the time when such term of office 
 would otherwise regularly expire. 
 
 All persons who have been elected or who shall be elected at any elec¬ 
 tion occurring prior to November, nineteen hundred twenty-three, shall hold 
 office during the regular term provided by law and for the additional time 
 until the next ensuing November election. 
 
 The foregoing provisions shall not apply to the County of Cook. 
 
 Except as in this Constitution otherwise provided, the term of office of 
 every person holding any office of the State or of any subdivision thereof 
 or municipal corporation therein shall expire at the time provided by ex¬ 
 isting laws. 
 
 Section 7. The first apportionment for Senators after the adoption of 
 this Constitution shall provide that three of the additional Senators shall 
 be elected at the first election for terms of two years and the other three 
 additional Senators for terms of four years. 
 
 Section 8. The terms of office of the justices of the Supreme Court now 
 in office shall expire at the several dates now provided by law. 
 
 (Note: This section is duplicated by the first sentence of the third paragraph 
 of the next section.) 
 
 Section 9. On the day this Constitution is submitted to the people for 
 ratification an election shall be held for a justice of the Supreme Court in 
 the first judicial district designated by this Constitution. Every person in 
 that judicial district who is entitled to vote for this Constitution shall be 
 entitled to vote for such justice. The election shall otherwise be conducted, 
 returns made and certificate of election issued in accordance with existing 
 laws. If it appears upon the canvassing of the votes for and against this 
 Constitution that this Constitution is not adopted, then no certificate of 
 election shall be issued for such justice. If he is elected and commissioned, 
 such justice shall hold office until the first Monday of June nineteen hundred 
 thirty-three. He shall not enter upon the discharge of his duties until the 
 first Monday of June nineteen hundred twenty-four, unless prior to that 
 time there is a vacancy in the Supreme Court from any district, in which 
 case he shall fill such vacancy until the first Monday of June nineteen hun¬ 
 dred twenty-four. 
 
 When the term of office of the justice residing in the second district 
 under this Constitution (elected from the sixth district under the Constitu¬ 
 tion of 1870) expires on the first Monday of June nineteen hundred twenty- 
 four, his office shall cease to exist. 
 
 Successors to the justices now in office shall be elected on the first Mon¬ 
 day of June in the years in which their respective terms expire. One justice 
 for the first district shall be elected for a term to expire on the first Monday 
 in June nineteen hundred thirty-five; a justice for the fifth district shall 
 be elected for a term to expire on the first Tuesday after the first Monday 
 in November nineteen hundred thirty-five; justices for the fourth and sixth 
 districts shall be elected for terms to expire on the first Tuesday after the 
 first Monday in November nineteen hundred thirty-three; a justice for the 
 third district shall be elected for a term to expire on the first Tuesday after 
 the first Monday in November nineteen hundred thirty-seven; and a justice 
 for the second district shall be elected for a term to expire on the first 
 Tuesday after the first Monday of November nineteen hundred thirty-nine. 
 After the expiration of their terms as fixed in this schedule, the term of 
 each justice shall be ten years from the day of his election. Thereafter the 
 justices from the first district shall be elected on the first Monday of June 
 in the years in which their terms expire and the justices from the second. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 157 
 
 third, fourth, fifth and sixth districts shall be elected on the first Tuesday- 
 after the first Monday in November in the years in which their terms 
 expire. 
 
 Section 10. The clerk of the Supreme Court and the clerks of the 
 Appellate Courts in office at the time of the adoption of this Constitution 
 shall continue to hold office during the terms for which they are respectively 
 elected. 
 
 Section 11. Any justice or judge now in office shall be eligible to re- 
 election after the adoption of this Constitution. 
 
 Section 12. The judges of the Circuit and Superior Courts of Cook 
 County now serving as judges of the Appellate Court of the first district 
 and it branches, shall become judges of the Appellate Court of the first 
 district under this Constitution to hold office until January first, nineteen 
 hundred twenty-nine. The judges of the Appellate Court of the second dis¬ 
 trict, the Appellate Court of the third district and the Appellate Court of 
 the fourth district under this Constitution shall be appointed by the Supreme 
 Court as soon as may be after the adoption of this Constitution to hold office 
 until January first, nineteen hundred twenty-nine. 
 
 Section 13. Until otherwise provided by law judges of the Appellate 
 Court of the first district shall each receive the same salary as is paid a 
 judge of the Circuit Court of Cook County and judges of the Appellate Courts 
 of the second, third and fourth districts shall each receive a salary of eight 
 thousand five hundred dollars per annum. Such salaries shall be payable 
 in the same manner, at the same time and from the same sources as the 
 salaries of judges of the Circuit Courts within such districts respectively. 
 
 Section 14. On the seventh day of May nineteen hundred twenty-three 
 the Circuit, Superior, Criminal, County and Probate Courts of Cook County, 
 the Municipal Court of Chicago and the City Court of Chicago Heights shall 
 be consolidated into one court of record to be known as the Circuit Court 
 of Cook County and thereupon all such courts except that last mentioned 
 shall be abolished. The offices of judge and clerk of the City Court of 
 Chicago Heights shall thereupon be abolished. 
 
 Section 15. The judges of the Circuit, Superior, County and Probate 
 Courts of Cook County in office on the seventh day of May nineteen hundred 
 twenty-three (except the judges of the Circuit and Superior Courts of Cook 
 County made judges of the Appellate Court of the first district by the adop¬ 
 tion of this Constitution whose offices as judges of the Circuit and Superior 
 Courts of Cook County thereby cease to exist) shall be judges of the Circuit 
 Court of Cook County as thus consolidated and shall continue to hold office 
 during the terms for which they are respectively elected or appointed and 
 until their successors are elected and qualified. The chief justice and asso¬ 
 ciate judges of the Municipal Court of Chicago shall be associate judges of 
 the Circuit Court of Cook County as thus consolidated and shall continue 
 to hold office during the terms for which they are respectively elected or 
 appointed and one year in addition thereto when their respective offices as 
 associate judges of that court shall be abolished. 
 
 Section 16. Such associate judges of the Circuit Court of Cook County 
 shall perform such judicial duties as may be assigned to them in the classes 
 of cases which would have been within the jurisdiction of the Criminal 
 Court of Cook County at the time of the adoption of this Constitution and 
 also in the classes of cases arising in the County of Cook which would have 
 been within the jurisdiction of the Municipal Court of Chicago if they had 
 arisen in the City of Chicago prior to the adoption of this Constitution. 
 During their respective terms of office as such associate judges they shall 
 receive the salaries allowed them by the laws in force on the first day of 
 May nineteen hundred and one-half out of the treasury of the County of 
 
 Cook. 
 
 Section 17. The judges of the Circuit Courts in each circuit (other 
 than the County of Cook) in office at the time of the adoption of this 
 Constitution shall continue to hold office during the terms for which they 
 are elected or apopinted and until their successors are elected and qualified. 
 
JOURNAL OF THE 
 
 [June 22, 
 
 758 
 
 Section 18. The judge of the County Court of Cook County in office 
 at the time of the adoption of this Constitution shall continue to exercise 
 during his term of office or until otherwise provided by law the same con¬ 
 trol and supervision over all matters of election as now provided by law. 
 The General Assembly prior to July first nineteen hundred twenty-five shall 
 provide that all such authority and supervision shall devolve upon some 
 elective county officer or officers. 
 
 Section 19. On the third day of December, nineteen hundred twenty- 
 three, the County and Probate Courts in each county (other than the 
 County of Cook) where both exist shall be consolidated into one court to 
 be known as the County Court. 
 
 Section 20. The judges of the County and Probate Courts (in counties 
 other than the County of Cook) in office on the third day of December, 
 nineteen hundred twenty-three, shall be judges of the County Court as thus 
 consolidated. They shall hold office during the terms for which they were 
 elected and until their successors are elected and qualified, at which time 
 the office of judge of the Probate Court or probate judge shall be abolished. 
 
 Counties having a population of less than seventy-five thousand, which 
 have a county judge and a probate judge at the time of the adoption of this 
 Constituion, shall elect in nineteen hundred twenty-seven two county judges. 
 
 Section 21. Unless the General Assembly prior to the third day of 
 December, nineteen hundred twenty-three, fixes the salaries of county judges 
 and probate judges (other than those of the County of Cook) who are made 
 judges of the County Courts as thus consolidated, the salaries of such judges 
 after the date last mentioned and until otherwise provided by law shall be 
 as follows: The present salary of each judge shall be increased by the 
 
 addition of fifty per cent; with a minimum salary of two thousand five hun¬ 
 dred dollars in counties having a population of fifteen thousand or less, 
 a minimum salary of four thousand dollars in counties having a population 
 of more than fifteen thousand and less than forty thousand and a minimum 
 salary of five thousand dollars in counties having a population of forty 
 thousand or more. Each county shall continue to pay the present salaries 
 until the whole of such salaries becomes payable out of the State treasury 
 as provided in this Constitution. Until that time the increases of salaries 
 provided herein shall be payable monthly out of the State treasury. 
 
 Section 22. The provisions of section one hundred twenty-seven of 
 this Constitution so far as they affect the judges of County and Probate 
 Courts (outside the County of Cook) shall not become effective until the 
 third day of December, nineteen hundred twenty-three, unless the General 
 Assembly provides that increased salaries be paid prior to that date. 
 
 Section 23. The clerk of the Circuit Court of Cook County in office 
 on the seventh day of May, nineteen hundred twenty-three, shall be clerk 
 of that court as consolidated by this schedule. The clerks of the Superior, 
 Criminal, County and Probate Courts of Cook County and the clerk of the 
 Municipal Court of Chicago, on that date shall become associate clerks of 
 the Circuit Court of Cook County to hold office for the terms for which they 
 are respectively elected; and as near as may be they shall exercise the 
 same powers (including those relating to the appointment and discharge 
 of employees and to the collection and disbursement of monies), perform 
 the same duties and receive the same salaries as on the seventh day of 
 May, nineteen hundred twenty-three. If a vacancy occurs in the office of 
 clerk of the Circuit Court of Cook County prior to the election in November, 
 nineteen hundred twenty-four, such vacancy shall be filled by a majority of 
 the judges and associate judges of the Circuit Court of Cook County by 
 appointing one of such associate clerks who shall hold office until the election 
 in November, nineteen hundred twenty-four. 
 
 Section 24. The Circuit Court of each county is hereby continued and 
 on the first Monday of November, nineteen hundred twenty-seven, the Circuit 
 and City Courts in each county (other than the County of Cook) where both 
 courts exist, shall be consolidated into one court to be known as the Circuit 
 Court and thereupon the offices of judge and clerk of all such city courts 
 shall be abolished. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 759 
 
 Section 25. The offices of justice of the peace and constable existing 
 at the time of the adoption of this Constitution shall be abolished from and 
 after the election or appointment and qualification of justices of the peace 
 or constables in their respective districts, towns or portions of towns in 
 accordance with the provisions of this Constitution. 
 
 Section 26. The clerk of the County Court of each county (other than 
 the County of Cook) in office on the third day of December, nineteen hun¬ 
 dred twenty-three, shall be clerk of the County Court as consolidated by this 
 schedule and the clerk of the Probate Court of each county (other than the 
 County of Cook) having a probate clerk, shall become the chief deputy 
 county clerk of such County Court during the term for which he is elected 
 and at the salary received by him at the time of the adoption of this Con¬ 
 stitution. At the expiration of the terms of office of the probate clerks in 
 office on the third day of December, nineteen hundred twenty-three, the office 
 of probate clerk shall be abolished. 
 
 Section 27. The bailiff of the Municipal Court of Chicago in office on 
 the seventh day of May, nineteen hundred twenty-three, shall become asso¬ 
 ciate sheriff of the County of Cook and hold office during the term for which 
 he is elected. After the date last mentioned and during his term he shall 
 have as near as may be the same powers, duties and responsibilities as 
 before that date, including the selection, appointment and removal of his 
 employees. 
 
 Section 28. (Sections 22b as adopted on first reading.) All laws of the 
 State of Illinois and all official writings and executive, legislative and 
 judicial proceedings shall be conducted, preserved and published in no other 
 than the English language. The Supreme Court may by rule provide for the 
 use in the files and records of judicial proceedings of such abbreviations of 
 words and sentences as the court may deem proper. 
 
 Section 29. (Section 22c as adopted on first reading.) Each court Into 
 which by the provisions of this Constitution other courts are consolidated 
 shall immediately upon such consolidation succeed to and assume jurisdic¬ 
 tion of all causes, matters and proceedings then pending in all courts of 
 which it is the successor, with full power and authority to dispose of them 
 and to carry into execution or otherwise to give effect to all orders, judg¬ 
 ments and decrees theretofore entered by the respective courts thus con¬ 
 solidated. 
 
 Section 30. (Section 22d as adopted on first reading.) All judicial 
 circuits established by law at the adoption of this Constitution shall be 
 preserved until changed by law. 
 
 Section 31. (Section 22 y 2 as adopted on first reading which will be 
 section 57 of the Constitution if the section is adopted.) The General As¬ 
 sembly shall pass laws providing for the protection of operative miners, for 
 ventilation and for the construction of escapement shafts or other appliances 
 securing safety in mines and shall prescribe such penalties and punishments 
 for the enforcement thereof as it deems proper. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, 
 
 Thos. Rinaker, 
 
 C. B. T. Moore, 
 
 George A. Barr, 
 
 E. H. Deepee, 
 
 H. E. Torrance, 
 
 Committee. 
 
 The report of the committee was ordered printed and the proposal 
 placed on the order of second reading. 
 
 The Convention proceeding upon the consideration of Report i\ T o. 
 21, of the Committee on Phraseology and Style, on the subject of Sched¬ 
 ule, section 1 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 76; nays, 0. 
 
760 
 
 JOURNAL OF THE [June 22, 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Sneed 
 
 Barr 
 
 De Young 
 
 Hull 
 
 Moore 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Iarussi 
 
 Nichols 
 
 Taft 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 O’Brien 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. Jarman 
 
 Paddock 
 
 Todd 
 
 Brewster 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Torrance 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 Ganschow 
 
 Kerrick 
 
 Potts 
 
 Trautmann 
 
 Catron 
 
 Garrett 
 
 Latchford 
 
 Rinaker 
 
 Wall 
 
 Chew 
 
 Gee 
 
 Lill 
 
 Rosenberg 
 
 Warren 
 
 Clarke 
 
 Gilbert 
 
 Lindly 
 
 Scanlan 
 
 Whitman 
 
 Coolley 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Wilson 
 
 Corlett 
 
 Gray 
 
 Meinert 
 
 Shuey 
 
 Woodward 
 
 Cruden 
 
 Green 
 
 Michal 
 
 Six 
 
 Mr. President 
 
 Cutting 
 
 Davis 
 
 Hamill 
 
 Hogan 
 
 Miller 
 
 Smith 
 
 Yeas — 7 
 Nays— 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 2 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 76; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Sneed 
 
 Barr 
 
 De Young 
 
 Hull 
 
 Moore 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Iarussi 
 
 Nichols 
 
 Taft 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 O’Brien 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Todd 
 
 Brewster 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Torrance 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 Ganschow 
 
 Kerrick 
 
 Potts 
 
 Trautmann 
 
 Catron 
 
 Garrett 
 
 Latchford 
 
 Rinaker 
 
 Wall 
 
 Chew 
 
 Gee 
 
 Lill 
 
 Rosenberg 
 
 Warren 
 
 Clarke 
 
 Gilbert 
 
 Lindly 
 
 Scanlan 
 
 Whitman 
 
 Coolley 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Wilson 
 
 Corlett 
 
 Gray 
 
 Meinert 
 
 Shuey 
 
 Woodward 
 
 Cruden 
 
 Green 
 
 Michal 
 
 Six 
 
 Mr. President 
 
 Cutting 
 
 Hamill 
 
 Miller 
 
 Smith 
 
 Yeas—76. 
 
 Davis 
 
 Hogan 
 
 
 
 Nays—0. 
 
 Section 2 , 
 
 having received the votes of 
 
 a majority 
 
 of the Delegates 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 3 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 76; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Sneed 
 
 Barr 
 
 De Young 
 
 Hull 
 
 Moore 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Iarussi 
 
 Nichols 
 
 Taff 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 O’Brien 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Todd 
 
 Brewster 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Torrance 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, W, A. 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 Ganschow 
 
 Kerrick 
 
 Potts 
 
 Trautmann 
 
 Catron 
 
 Garrett 
 
 Latchford 
 
 Rinaker 
 
 Wall 
 
 Chew 
 
 Gee 
 
 Lill 
 
 Rosenberg 
 
 Warren 
 
 Clarke 
 
 Gilbert 
 
 Lindly 
 
 Scanlan 
 
 Whitman 
 
 Coolley 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Wilson 
 
 Corlett 
 
 Gray 
 
 Meinert 
 
 Shuey 
 
 Woodward 
 
 Cruden 
 
 Green 
 
 Michal 
 
 Six 
 
 Mr. President 
 
 Cutting 
 
 Hamill 
 
 Miller 
 
 Smith 
 
 Yeas—7 
 
 Davis 
 
 Hogan 
 
 
 
 Nays— 
 
 Section 3, having received the votes of a majority of the Delegates 
 elected', was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 4 was taken up and read at large. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 761 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 76; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Sneed 
 
 Barr 
 
 De Young 
 
 Hull 
 
 Moore 
 
 Sutherland 
 
 Beckman 
 
 Dietz 
 
 Iarussi 
 
 Nichols 
 
 Taff 
 
 Brandon 
 
 Dunlap 
 
 Jack 
 
 O’Brien 
 
 Tebbens 
 
 Brenholt 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Todd 
 
 Brewster 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Torrance 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Traeger 
 
 Carlstrom 
 
 Ganschow 
 
 Kerrick 
 
 Potts 
 
 Trautmann 
 
 Catron 
 
 Garrett 
 
 Latchford 
 
 Rinaker 
 
 Wall 
 
 Chew 
 
 Gee 
 
 Lill 
 
 Rosenberg 
 
 Warren 
 
 Clarke 
 
 Gilbert 
 
 Lindly 
 
 Scanlan 
 
 Whitman 
 
 Coolley 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Wilson 
 
 Corlett 
 
 Gray 
 
 Meinert 
 
 Shuey 
 
 Woodward 
 
 Cruden 
 
 Green 
 
 Michal 
 
 Six 
 
 Mr. President 
 
 Cutting 
 
 Davis 
 
 Hamill 
 
 Hogan 
 
 Miller 
 
 Smith 
 
 Yeas—76. 
 Nays—0. 
 
 Section 4, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 5 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 76; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Sneed 
 
 De Young 
 
 Hull 
 
 Moore 
 
 Sutherland 
 
 Dietz 
 
 Iarussi 
 
 Nichols 
 
 Taff 
 
 Dunlap 
 
 Jack 
 
 O’Brien 
 
 Tebbens 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Paddock 
 
 Todd 
 
 Elting 
 
 Johnson, L. C. 
 
 Pincus 
 
 Torrance 
 
 Fifer 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Traeger 
 
 Ganschow 
 
 Kerrick 
 
 Potts 
 
 Trautmann 
 
 Garrett 
 
 Latchford 
 
 Rinaker 
 
 Wall 
 
 Gee 
 
 Lill 
 
 Rosenberg 
 
 Warren 
 
 Gilbert 
 
 Lindly 
 
 Scanlan 
 
 Whitman 
 
 Goodyear 
 
 Mack 
 
 Shanahan 
 
 Wilson 
 
 Gray 
 
 Meinert 
 
 Shuey 
 
 Woodward 
 
 Green 
 
 Michal 
 
 Six 
 
 Mr. President 
 
 Hamill 
 
 Hogan 
 
 Miller 
 
 Smith 
 
 Yeas—7 
 Nays— 1 
 
 nu » vwiA.,0 Ul Cl JLI1CIJ U11 L J U L ling J cl LCO 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 7 # was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 76; nays, 0. 
 
 Those voting in the affirmative are: 
 
 ssrs. 
 
 Adams 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hollenbeck 
 
 Mills 
 
 Sneed 
 
 Hull 
 
 Moore 
 
 Sutherland 
 
 Iarussi 
 
 Nichols 
 
 Taff 
 
 Jack 
 
 O’Brien 
 
 Tebbens 
 
 Jarman 
 
 Paddock 
 
 Todd 
 
 Johnson, L. C. 
 
 Pincus 
 
 Torrance 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Traeger 
 
 Kerrick 
 
 Potts 
 
 Trautmann 
 
 Latchford 
 
 Rinaker 
 
 Wall 
 
 Lill 
 
 Rosenberg 
 
 Warren 
 
 Lindly 
 
 Scanlan 
 
 Whitman 
 
 Mack 
 
 Shanahan 
 
 Wilson 
 
 Meinert 
 
 Shuey 
 
 Woodward 
 
 Michal 
 
 Six 
 
 Mr. President 
 
 Miller 
 
 Smith 
 
 Yeas— 
 
 Nays—0. 
 
762 
 
 JOURNAL OF THE 
 
 [June 22 , 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Section 8 was taken up and read at large. 
 
 Whereupon Mr. Trautmann moved to lay section 8 on the table. 
 
 And the question being on the motion to table, it was decided in the 
 affirmative. 
 
 Section 9 was taken up and read at large. 
 
 Whereupon Mr. Jarman moved to substitute sections 8 and 9 of the 
 minority report of the Committee on Schedule for section 9 of the report 
 of the Committee on Phraseology and Style. 
 
 Pending discussion, at the hour of 12 :50 o’clock p. m., Mr. G. A. 
 Dupuy moved that the Convention do now take a recess until 2:00 
 o’clock p. m. 
 
 The question being on the motion to take a recess a division of the 
 Convention was had, resulting as follows: \ x eas, 28; nays, 28. 
 
 The motion was lost. 
 
 And the Convention refused to take a recess. 
 
 Pending further discussion, at the hour of 1:15 o’clock p. m., Mr. 
 Shanahan moved that the Convention do now take a recess until 2:30 
 o’clock p. m. 
 
 And the motion prevailed. 
 
 2 :30 o’Clock P. M. 
 
 The hour of 2 :30 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The pending question at the hour of taking a recess being the con¬ 
 sideration of the substitute for section 9, of Report jSTo. 21, of the Com¬ 
 mittee on Phraseology and Style, the same was again taken up. 
 
 The question being on the adoption of the substitute, offered by 
 Mr. Jarman, on demand of five Delegates, a call of the roll was had, 
 resulting as follows: A r eas, 36; nays, 27. 
 
 Those voting in the affirmative are: Messrs. 
 
 Barr 
 
 Beckman 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Catron 
 
 Chew 
 
 Corlett 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Gilbert 
 
 Goodyear 
 
 Green Latchford 
 
 Hogan Mack 
 
 Hollenbeck Mills 
 
 Jarman Moore 
 
 Johnson, L. C. Nichols 
 
 Johnson, W. A. Paddock 
 
 Kerrick Pinnell 
 
 • Rinaker 
 Scanlan 
 Shuey 
 Todd 
 Wall 
 Warren 
 Mr. President 
 
 Yeas—36. 
 
 Those voting in the negative are: 
 
 Adams Davis Jack 
 
 Carlstrom Dawes Lill 
 
 Clarke Garrett Lindly 
 
 Coolley Gray Meinert 
 
 Cruden Hamill Miller 
 
 Cutting Hull 
 
 Messrs. 
 
 Shanahan 
 
 Six 
 
 Sutherland 
 
 Taff 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Whitman 
 
 Woodward 
 
 Nays—27. 
 
 And the substitute for section 9 was adopted. 
 
 Mr. Miller offered the following amendment and moved its adop¬ 
 
 tion : 
 
 Amendment No. 1. 
 
 Amend section 9, as amended, by striking out the words “either the 
 first or” in the second line of the second paragraph. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 763 
 
 The question being on the adoption of the amendment, a division of 
 the Convention was had, resulting as follows: Yeas, 37; nays, 8. 
 
 And the amendment was adopted. 
 
 Mr. Taff offered the following amendment and moved its adoption: 
 
 Amendment No. 2. 
 
 Amend section 9, as amended, by striking out the first three paragraphs 
 thereof. 
 
 And the amendment was lost. 
 
 Pending roll call, on motion of Mr. Jarman, further consideration 
 of section 9, as amended, was postponed. 
 
 Section 6 was taken up and read at large. 
 
 Whereupon Mr. Trautmann offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 3. 
 
 Amend section 6 by substituting therefor the following: 
 
 Section 6. In order that elections may be held regularly in November 
 it is hereby provided as follows: 
 
 All officers elected to office prior to the election in November, nineteen 
 hundred twenty-three, whose terms expire before that time shall hold office 
 until their terms expire as now provided by law and at the expiration of 
 their respective terms their successors shall be elected at that time to 
 hold office during regular terms provided by law and until their successors 
 are elected at the next ensuing November election. 
 
 All officers elected to office prior to the election in November, nineteen 
 hundred twenty-three, whose terms expire after that date and who were 
 elected at other times than at the November election shall hold office for 
 the terms for which they were elected and until their successors are elected 
 at the next ensuing November election. 
 
 . This section shall not apply to or within the County of Cook. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 6, as amended, 
 a call of the roll was had resulting as follows: Yeas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Pifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—6 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays— 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 10 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
764 
 
 journal of the 
 
 [June 22, 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taft 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 10, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 Section 11 was taken up and read at large. 
 
 Whereupon Mr. Jarman moved to lay section 11 on the table. 
 
 The question being on the motion to table, it was decided in the 
 affirmative. 
 
 And section 11 was ordered to lie on the table. 
 
 Section 12 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward * 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 . Nays—0. 
 
 Section 12, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 Section 13 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67 ; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 •Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—67. 
 
 Nays—0. 
 
 section io, naving receiveu ine ul a 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseologv and Stvle for action, as provided by Pule 20. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 765 
 
 Section 14 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taft 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carl strom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 14, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 15 was taken up and read at large. 
 
 Whereupon Mr. DeYoung offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 4. 
 
 • 
 
 Amend section 15 by substituting therefor the following: 
 
 Section 15. The judges of the Circuit, Superior, County and Probate 
 Courts of Cook County and the chief justice of the Municipal Court of 
 Chicago in office on the first Monday of May, A. D. 1923, except the judges 
 of the Circuit and Superior Courts of Cook County, by the adoption of this 
 Constitution made judges of the Appellate Court for the First District, 
 whose offices as judges of the Circuit anud Superior Courts of said county 
 thereby cease to exist, shall be the judges of said consolidated court and 
 shall continue to hold office during the terms for which they were respect¬ 
 ively elected or appointed, and until their successors are elected and shall 
 qualify. The associate judges of the Municipal Court of Chicago shall be 
 associate judges of said Circuit Court and shall continue to hold office 
 during the terms for which they were respectively elected or appointed as 
 associate judges of the Municipal Court of Chicago and until the first 
 Monday of June next following, respectively, at the expiration of which 
 respective times their offices as associate judges of said Circuit Court shall 
 be abolished. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 15, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee • 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
766 
 
 JOURNAL OF THE 
 
 [June 22, 
 
 Section 15, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 16 was taken up and read at large. 
 
 Whereupon Mr. Trautmann offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 5. 
 
 Amend section 16 by adding the following at the end of line 11 of the 
 printed report: 
 
 “twenty-two, one-half of which salaries shall be payable out of the 
 State treasury.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 16, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 67: nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taft 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Pifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 16, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 17 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Pifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—6' 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays— 1 
 
 Section 17, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 18 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 767 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 18 
 
 , having received the votes of 
 
 a majority of the Delegates 
 
 elected, was declared passed, and, under the rules, was re-referred to th.e 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Section 19 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 • Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 19, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Pule 20. 
 • Section 20 was taken up and read at large. 
 
 Whereupon Mr. Trautmann offered the following amendment and 
 
 moved its adoption: 
 
 Amendment No. 6. 
 
 Amend section 20 by inserting after the word “consolidated 1 ’ in the 
 4th line thereof the words: “At which time the office of judge of the Pro¬ 
 bate Court or probate judge shall be abolished,” and by striking out the 
 rest of the sentence after the word “qualified” in the first paragraph. 
 
 And the amendment was adopted. 
 
 r Lhe question then being on the adoption of section 20, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 67; nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 . Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting > 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Cruden 
 
 Goodyear 
 
 Gray 
 
 Lindly 
 
 Mack 
 
 Sneed 
 
 Yeas—67. 
 Nays—0. 
 
768 
 
 JOURNAL OF THE 
 
 [June 22, 
 
 Section 20, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20, 
 Section 21 was taken up and read at large. 
 
 Whereupon Mr. Trautmann offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 7. 
 
 Amend section 21 by adding at the end thereof the following: “The 
 word population in this section means the Federal Census of lyno.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 21, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 67: nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller ’ 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 • Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C, D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Cooiley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 21, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 22 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 W arren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Cooiley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—6' 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays— i 
 
 Section 22, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 23 was taken up and read at large. 
 
 And the question being on the adoption of the Section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 769 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 •Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Filer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 23, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 24 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67: nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 24, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 25 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 PAnaker 
 
 Warren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Ciarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 25, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 26 was taken up and read at large. 
 
 Whereupon Mr. Trautmann offered the following amendment and 
 moved its adoption: 
 
 —49 C J 
 
770 
 
 JOURNAL OF THE 
 
 [June 22, 
 
 Amendment No. 8. 
 
 Amend section 26 by adding the following after the word “Constitu¬ 
 tion” in line 9 of the printed report: 
 
 “And as near as may be they shall perform the same duties, exercise 
 the same powers (including those relating to the appointment and dis¬ 
 charge of employees and to the collection and disbursement of monies).” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 2G, as amended, 
 a call of the roll was had, resulting as follows: A"eas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C„ 
 
 Rinaker 
 
 W arren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 26, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 27 was taken up and read at large. 
 
 Whereupon Mr. Trautmann offered the following amendment and 
 moved its adoption : - 
 
 Amendment No. 9. 
 
 Amend section 27 by adding the following at the end thereof: 
 
 “The collection and disbursement of monies, and receive the same 
 salary as prior to the date last mentioned.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 27, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 Those 
 
 voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Beckman 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 Brandon 
 
 De Young 
 
 Hollenbeck 
 
 Moore 
 
 Torrance 
 
 Brenholt 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Brewster 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Cary, C. D. 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Carlstrom 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 W arren 
 
 Catron 
 
 Fifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gilbert 
 
 Lill 
 
 Six 
 
 Mr. President 
 
 Corlett 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—67. 
 
 Cruden 
 
 Gray 
 
 Mack 
 
 
 Nays—0. 
 
 Section 27, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Mr. Trautmann offered the following as a new section to be known 
 as section 27%, and moved its adoption: 
 
 “Section 27%. The office of judge of the City Court and judge of the 
 Probate Court or probate judge shall be abolished from and after the re¬ 
 spective consolidations of City and Probate Courts with other courts as 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 771 
 
 in this Constitution provided. The offices of justices of the peace and 
 constable existing at the time of the adoption of this Constitution shall, 
 from and after the election or appointment and qualification of justices of 
 the peace and constables in the respective districts, towns or portions of 
 towns, in accordance with the provisions of this article, as to such districts, 
 towns or portions of tow r ns be abolished.” 
 
 Whereupon Section 27% was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 
 Cruden - 
 
 Section 27%, having received the votes of a majority of the Dele¬ 
 gates elected, was declared passed, and, under the rules, was re-referred 
 to the Committee on Phraseology and Style for action, as provided by 
 Rule 20. 
 
 Section 28 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call ol the 
 roll was had, resulting as follows: Yeas, 6* ; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Sutherland 
 
 Davis 
 
 Hamill 
 
 Miller 
 
 Taff 
 
 Dawes 
 
 Hogan 
 
 Mills 
 
 Todd 
 
 De Young 
 
 Hollenbeck 
 
 Moor# 
 
 Torrance 
 
 Dietz 
 
 Hull 
 
 Nichols 
 
 Traeger 
 
 Dunlap 
 
 Jack 
 
 Paddock 
 
 Trautmann 
 
 Dupuy, G. A. 
 
 Jarman 
 
 Pinnell 
 
 Wall 
 
 Elting 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Pifer 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Garrett 
 
 Kerrick 
 
 Shanahan 
 
 Wilson 
 
 Gee 
 
 Latchford 
 
 Shuey 
 
 Woodward 
 
 Gilbert 
 
 Bill 
 
 Six 
 
 Mr. President 
 
 Goodyear 
 
 Lindly 
 
 Sneed 
 
 Yeas—6 
 
 Gray 
 
 Mack 
 
 
 Nays— 1 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 
 Cutting 
 Davis 
 Dawes 
 De Young 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Pifer 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Latchford 
 Dill 
 Lindly 
 Mack 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—67. 
 
 Nays—0. 
 
 Section 28, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action as provided by Rule 20. 
 Section 29 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call ol the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
772 
 
 JOURNAL OP THE 
 
 [June 22 , 
 
 Those voting in the affirmative are 
 
 Adams Cutting 
 
 tr ar . r Davis 
 
 Beckman Dawes 
 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 
 De Young 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 El ting 
 Pifer 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Latchford 
 Lill 
 Lindly 
 Mack 
 
 Messrs. 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Sneed 
 
 Sutherland 
 Taff 
 Todd 
 Torrance 
 Traeger 
 Trautmann 
 Wall 
 Warren 
 Whitman 
 Wilson 
 Woodward 
 Mr. President 
 Yeas- 
 
 - 67. 
 
 pl , S , eetl0n 29, having received the votes of a majority of the Mesates 
 ected was declared passed, and, under the rules was re-referred to the 
 
 *«■» »■ 
 
 ra rsvric* zrt- * “ n -«» 
 
 l hose voting in the affirmative are: Messrs.' ’ 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom* 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 
 Cutting 
 Davis 
 Dawes 
 De Young 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Pifer 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C. 
 Johnson, W. A 
 Kerrick 
 Latchford 
 Lill 
 Lindly 
 Mack 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—67. 
 
 Section 30 having received the votes of a majority of the Delegates 
 elected was declared passed, and, under the rules, was re-referred to the 
 
 ° m SwHon°3l PhraS + e °i 0gy and ? tyIe for action ’ as Provided by Rule 20. 
 section 31 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 67; nays, 0. 
 
 I hose voting in the affirmative are: Messrs. 
 
 i Cl /-'« 1 I • 
 
 Adams 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 
 Cutting 
 Davis 
 Dawes 
 De Young 
 Dietz 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Pifer 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 
 Green 
 Hamill 
 Hogan 
 Hollenbeck 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Latchford 
 Lill 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Sneed 
 
 Sutherland 
 Taff 
 Todd 
 Torrance 
 Traeger 
 Trautmann 
 Wall 
 W arren 
 ‘ Whitman 
 Wilson 
 Woodward 
 Mr. President 
 
 Yeas—67. 
 Nays—0. 
 
 Lindly 
 
 Q 01 . . ^ Iack Nays—0. 
 
 ► oction 31 having received the'.votes of a majority of the Delegates 
 elected was dedared passed, and, under the rules, was're-referred to the 
 Committee on Phraseology and Style for action, as provided bv Rule 20. 
 
 ie convention proceeding on the order of reports of standing 
 committees. , & 
 
 Mr. Clarke submitted the following report: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 773 
 
 Report No. 22. 
 
 YOUR COMMITTEE ON PHRASEOLOGY AND STYLE TO WHICH WAS RE¬ 
 FERRED A PROPOSAL FROM THE COMMITTEE ON LABOR RE¬ 
 SPECTFULLY REPORTS THAT IT HAS CONSIDERED THAT PRO¬ 
 POSAL AND SUBMITS THE SAME AND RECOMMENDS ITS ADOP¬ 
 TION WITHOUT CHANGE. 
 
 Resolved, That the following shall become a part of the Constitution of 
 Illinois: 
 
 Section 1. No law shall be passed denying the right of workmen to 
 organize into trade and labor unions and to deal and speak through repre¬ 
 sentatives chosen by themselves. 
 
 Respectfully submitted, 
 
 (Signed) Elam L. Clarke, Chairman, 
 Thos. Rinaker, 
 
 C. B. T. Moore, 
 
 George A. Barr, 
 
 E. H. Dupee, 
 
 H. R. Torrance, 
 
 E. H. Brewster, 
 
 Committee. 
 
 The report of the committee was ordered printed and the proposal 
 placed on the order of second reading. 
 
 The Convention proceeding upon the consideration of Report No. 
 22 , of the Committee on Phraseology and Style, on the subject of labor, 
 section 1 thereof was taken up and read at large. 
 
 Whereupon Mr. Hamill offered the following amendment and moved 
 
 its adoption: 
 
 Amendment No. 1. 
 
 Amend section 1 by substituting therefor the following: 
 
 “The right of individuals to associate together for lawful purposes and 
 to act and speak through representatives chosen by themselves shall rJot 
 be abridged or denied.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 1, as amended, 
 a call of the roll was had, resulting as follows: Teas, 19 ; na}-s, 41. 
 
 Those voting in the affirmative are: 
 
 Catron Dawes Fifer 
 
 Chew Dunlap Green 
 
 Clarke Dupuy, G. A. Hamill 
 
 Cutting Elting Hull 
 
 Davis 
 
 Messrs. 
 
 Jack 
 
 Miller 
 
 Moore 
 
 Six 
 
 Wilson 
 
 Woodward 
 
 Yeas—19. 
 
 Those voting in the negative are: Messrs. 
 
 Barr 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Coolley 
 
 Cruden 
 
 De Young 
 
 Dietz 
 Garrett 
 Goodyear 
 Gray 
 Hogan 
 Hollenbeck 
 Jarman 
 Johnson, L. C. 
 Latchford 
 
 Lill 
 Lindly 
 Mack 
 Meinert 
 Miller 
 Nichols 
 Paddock 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Sneed 
 
 Sutherland 
 
 TafC 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Wall 
 
 Warren 
 
 Whitman 
 
 Mr. President 
 
 Nays—41. 
 
 Section 1, having failed to receive the votes of a majority of the 
 
 Delegates elected, was declared lost. . 
 
 By unanimous consent the vote by which section 1 has failed to pass 
 
 was reconsidered. # , . , 
 
 Whereupon Mr. Hamill moved to reconsider the vote b^y wine 
 
 Amendment No. 1, offered by him, was adopted. 
 
774 
 
 JOURNAL OP THE 
 
 [June 22, 
 
 And the motion prevailed. 
 
 Mr., Hamill thereupon withdrew Amendment No. 1. 
 
 The question then being on the adoption of section 1, pending roll 
 call, on motion of Mr, Sneed, further consideration of section 1 was 
 postponed. 
 
 General Orders. 
 
 The Convention proceeding on the General Orders, the President 
 called Mr. Green to the chair. 
 
 And at the hour of 5:55 o’clock p. m., the Convention went into 
 Committee of the W hole for the consideration of the report of the Com¬ 
 mittee on Submission and Address. 
 
 At the hour of 6 :37 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Green, from the Committee of the Whole, having had under 
 consideration the report of the Committee on Submission and Address, 
 reported the same back together with the following amendments thereto, 
 to-wit: 
 
 Amend section 2 by striking out the figure “7” in the last line thereof 
 and inserting in lieu thereof the figure “6”. 
 
 Amend section 7 by striking out the rest of the sentence after the word 
 “show” in line 3, and inserting in lieu thereof the following: 
 
 (a) The aggregate number of electors voting in each county, (bjf 
 the aggregate number of votes cast for the adoption of this Constitution, 
 and (c) the aggregate number of votes cast against the adoption of this 
 Constitution.” 
 
 Amend section 7 by inserting after the word “after” in the third to the 
 last line, the following: “12 o’clock noon of”. 
 
 Amend section 5 by striking out all of the section after the word “ballot” 
 in the third line. 
 
 And recommended that the report of the Committee on Submission 
 and Address, as amended, do pass. 
 
 I he report of the Committee of the Whole was concurred in and the 
 report of the Committee on Submission and Address, as amended, was 
 referred to the Committee on Phraseology and Style. 
 
 Mr. Taff moved to suspend the rules for the purpose of reconsidering 
 the vote by which section 83, of the Article on Executive Department was 
 heretofore adopted. 
 
 The question being on the motion to suspend the rules, a division of 
 the Convention was had, resulting as follows: Yeas, 17; nays, 26. 
 
 And the motion was lost. 
 
 The Convention proceeding on the order of reports of standing com¬ 
 mittees. 
 
 Mr. Clarke submitted the following report: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 775 
 
 REPORT NO. 23. 
 
 YOUR COMMITTEE ON PHRASEOLOGY AND STYLE TO WHICH WAS 
 REFERRED A PROPOSAL COMING FROM THE COMMITTEE ON 
 SUBMISSION AS PASSED IN COMMITTEE OF THE WHOLE RE¬ 
 SPECTFULLY REPORTS THAT IT HAS CONSIDERED SUCH PRO¬ 
 POSAL, REPORTS IT BACK WITHOUT CHANGE AND RECOMMENDS 
 ITS ADOPTION IN THE FOLLOWING FORM: 
 
 Resolved, That the following become a part of the Schedule of the Con¬ 
 stitution of Illinois: 
 
 Section 1. This Constitution shall be submitted to the people of the 
 State of Illinois for adoption or rejection at an election to be held on Tuesday 
 the twelfth day of December in the year nineteen hundred twenty-two. The 
 county clerks of the respective counties of this State shall give notice between 
 the first and tenth days of November nineteen hundred twenty-two in the 
 manner required by law for notices of general elections that at such election 
 this Constitution will be submitted to the electors of this State for adoption 
 or rejection. 
 
 Section 2. Every person entitled to vote under the provisions of existing 
 laws shall be entitled to vote for the adoption or rejection of this Constituion, 
 and such persons shall vote by ballot. Such election shall be conducted and 
 the returns thereof made according to the laws now in force regulating gen¬ 
 eral elections. The polls shall be kept open at such election from the hour 
 of six o’clock in the morning until the hour of seven o’clock in the evening. 
 
 Section 3. The officers now required by law, in the case of general elec¬ 
 tions, to provide proper election supplies for each precinct or district, shall 
 provide in the manner now required by law for conducting general elections, 
 all necessary poll books, tally sheets, form of return and ballots for such] 
 election. 
 
 Section 4. The ballots to be used at such election shall be substantially 
 in the following form: 
 
 PROPOSED NEW CONSTITUTION ELECTION BALLOT. 
 
 1 — 
 
 SHALL THE PROPOSED NEW 
 
 1 
 
 1 
 
 YES 
 
 1 
 
 1 
 
 1 
 
 ! 
 
 CONSTITUTION BE ADOPTED 
 
 1 - 
 
 r no 
 
 1 
 
 1 
 
 I 
 
 . ! 
 
 Section 5. The elector shall designate his vote by a cross mark thus, X, 
 to be placed in one of the squares on the right-hand margin of the ballot. 
 
 Section 6. The ballots cast for and against this Constitution shall be re¬ 
 ceived and canvassed by the judges and clerks of such election and returned 
 as provided by law for general elections. 
 
 Section 7. Within fifteen days after such election, returns thereof shall 
 be made by the several county clerks to the Secretary of State and shall show 
 (a) the aggregate number of electors voting in each county, (b) the aggre¬ 
 gate number of votes cast for the adoption of this Constitution and (c) the 
 aggregate number of votes cast against the adoption of this Constitution 
 Such returns shall within ten days thereafter be examined and canvassed by 
 the Attorney General, the Secretary of State, the Auditor of Public Accounts 
 and the State Treasurer or any three of them in the presence of the Governor 
 and proclamation shall be made by the Governor forthwith of the result of 
 the canvass. If it shall appear that a majority of the votes cast are for the 
 adoption of the new Constitution, the same shall be the supreme lav of the 
 State of Illinois on and after twelve o’clock noon of Monday, the fifteenth 
 
776 
 
 JOURNAL OF THE 
 
 [June 22, 
 
 day of January nineteen hundred twenty-three and the existing Constitution 
 • shall thereupon cease in all its provisions. 
 
 Respectfully submitted, 
 
 (Signed) Elam L. Clarke, Chairman. 
 
 Thos. Rinaker. 
 
 Charles B. T. Moore. 
 
 E. H. Dupee. 
 
 H. E. Torrance. 
 
 George A. Barr. 
 
 Edward H. Brewster. 
 
 June 22, 1922. 
 
 The report of the committee was ordered printed and the proposal 
 placed on the order of second reading. 
 
 The Convention proceeding upon the consideration of Report Xo. 
 23, of the Committee on Phraseology and Style, on the subject of sub¬ 
 mission and address, section 1 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 62; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Miller 
 
 Sutherland 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Taff 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 Todd 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Torrance 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D. 
 
 Pifer 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Garrett 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Gee 
 
 Kerrick 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Gilbert 
 
 Latchford 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Goodyear 
 
 Bill 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gray 
 
 Lindly 
 
 Six 
 
 Mr. President 
 
 Cruden 
 
 Green 
 
 Mack 
 
 Sneed 
 
 Yeas—6: 
 
 Cutting 
 
 Hamill 
 
 Meinert 
 
 
 . Nays— 
 
 Section 1, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 2 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, resulting as follows: Yeas, 62; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Miller 
 
 Sutherland 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Taff 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 Todd 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Torrance 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D 
 
 Fifer 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Garrett 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Gee 
 
 Kerrick 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Gilbert 
 
 Latchford 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Goodyear Dill 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gray 
 
 Lindly 
 
 Six 
 
 Mr. President 
 
 Cruden 
 
 Green 
 
 Mack 
 
 Sneed 
 
 Yeas—6 
 
 Cutting 
 
 Hamill 
 
 Meinert 
 
 
 Nays— 1 
 
 Section 
 
 2, having 
 
 received the votes of 
 
 a majority 
 
 of the Delegate 
 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 3 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 62; nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 Adams 
 Barr 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 
 Those voting in the affirmative are. 
 
 Hogan 
 Hollenbeck 
 Hull 
 Jack 
 Jarman 
 
 Davis 
 Dawes 
 Dietz 
 Dunlap 
 Biting 
 
 Fifer 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hamill 
 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Latchford 
 Lill 
 Lindly 
 Mack 
 Meinert 
 
 Messrs. 
 
 Miller 
 Mills 
 Moore 
 Nichols 
 Paddock 
 Pinnell 
 Rinaker 
 Scanlan 
 Shanahan 
 Shuey 
 Six 
 Sneed 
 
 777 
 
 Sutherland 
 
 Taf£ 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—62. 
 
 Nays—0. 
 
 Coolley 
 Cruden 
 
 cutting ™ received ^ yotes Qf a majority of the Delegates 
 
 elected was declared passed, and. under the rules, was * * e 
 
 Committee on Phraseology and Style for action, as provided by Rule .0. 
 
 Kppfion 4 was taken up and road at laige. p j.a.„ 
 
 And the question being on the adoption of the section, a call of the 
 
 roll was had, resulting as follows: .Yeas, 6,w, na}s, . 
 
 Those voting in the affirmative are: Messis. 
 
 Adams 
 Barr 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Cruden 
 Cutting 
 
 Davis 
 Dawes 
 Dietz 
 Dunlap 
 Biting 
 Fifer 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hamill 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Traeger 
 
 Trautmann 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—62. 
 Nays—0. 
 
 Hogan Miller 
 
 Hollenbeck Mills 
 
 Hull Moore 
 
 Jack Nichols 
 
 Jarman Paddock 
 
 Johnson, L. C. Pinnell 
 Johnson, W. A. Rinaker 
 Kerrick Scanlan 
 
 Latchford Shanahan 
 
 Lill Shuey 
 
 Lindly Six 
 
 Mack Sneed 
 
 i '»■ ** » 
 
 roll was had, resulting as follows: 1 eas, 6~ , nay 
 
 Those voting in the affirmative are: Messi=. 
 
 Hogan 
 Hollenbeck 
 Hull 
 Jack 
 Jarman 
 Johnson, L. C. 
 
 Johnson, W. A 
 Kerrick 
 Latchford 
 
 Lill . _ 
 
 Lindly Six yeas — 62. 
 
 Mack Sneed Nays —0. 
 
 lection 5, Sg receivedTeYtes of ^Jor^^ legates 
 
 for action, "as provided by Rule 20. 
 
 Section 6 was taken up and read at laigc. tion a ea ll of the 
 
 And the question being on the adoption ot the ..eetio , 
 
 roll was had, resulting as follows : ^ eas, 6, , nay., . 
 
 Adams 
 Barr 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Cruden 
 Cutting 
 
 Davis 
 Dawes 
 Dietz 
 Dunlap 
 Elting 
 Fifer 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hamill 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Sneed 
 
 Sutherland 
 TafC 
 Todd 
 Torrance 
 Traeger 
 Trautmann 
 Warren 
 Whitman 
 Wilson 
 Woodward 
 Mr. President 
 Yeas- 
 
778 
 
 JOURNAL OF THE 
 
 [June 22 , 
 
 Those voting in the affirmative are: 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, L. C. 
 
 Carlstrom 
 
 Garrett 
 
 Johnson, W. A. 
 
 Catron 
 
 Gee 
 
 Kerrick 
 
 Chew 
 
 Gilbert 
 
 Latchford 
 
 Clarke 
 
 Goodyear 
 
 Lill 
 
 Coolley 
 
 Gray 
 
 Lindly 
 
 Cruden 
 
 Green 
 
 Mack 
 
 Cutting 
 
 Hamill 
 
 Meinert 
 
 Messrs. 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Pinnell 
 
 Those voting in the affirmative are: 
 
 S «/ / 
 
 Messrs. 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Miller 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Carlstrom 
 
 Garrett 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Catron 
 
 Gee 
 
 Kerrick 
 
 Scanlan 
 
 Chew 
 
 Gilbert 
 
 Latchford 
 
 Shanahan 
 
 Clarke 
 
 Goodyear 
 
 Lill 
 
 Shuey 
 
 Coolley 
 
 Gray 
 
 Lindly 
 
 Six 
 
 Cruden 
 
 Green 
 
 Mack 
 
 Sneed 
 
 Cutting’ 
 
 Hamill 
 
 Meinert 
 
 Sutherland 
 Taff 
 Todd 
 Torrance 
 Traeger 
 Trautmann 
 
 Rinaker Warren 
 
 ‘ Scanlan Whitman 
 
 Shanahan Wilson 
 
 Shuey Woodward 
 
 Six Mr. President 
 
 Sneed Yeas—62. 
 
 Nays—0. 
 
 Section 6, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was" re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 Section 7 was taken up and read at large. 
 
 And the question being on the adoption of the section, a call of the 
 roll was had, resulting as follows: Yeas, 62; nays, 0. 
 
 Sutherland 
 Taff 
 Todd 
 Torrance 
 Traeger 
 Trautmann 
 Warren 
 Whitman 
 Wilson 
 Woodward 
 Mr. President 
 
 Yeas—62. 
 Nays—0. 
 
 Section 7, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 h >3 unanimous consent, on motion of Mr. DeYoung, the rules were 
 suspended for the purpose of reconsidering the vote by which sections 
 121, 125 and 127, of the Article on Judicial Department, were adopted. 
 
 Section 121 being taken up, Mr. DeYoung offered the following 
 amendment and moved its adoption: 
 
 Amend section 121, in the second line thereof, after the word “court” 
 by striking out the words “or by law.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of the section, as amended, 
 a call of the roll was had, resulting as follows: lYas, 61: nays, 0. 
 Those voting in the affirmative are: Messrs. 
 
 Sutherland 
 Taff 
 Todd 
 Torrance 
 Traeger 
 Trautmann 
 Warren 
 Whitman 
 Wilson 
 Woodward 
 Mr. President 
 
 Yeas—61. 
 
 ... . Nays—0. 
 
 section 121, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Meinert 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Miller 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Mills 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Nichols 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, L. C. 
 
 Paddock 
 
 Carlstrom 
 
 Garrett 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Catron 
 
 Gee 
 
 Kerrick 
 
 Rinaker 
 
 Chew 
 
 Gilbert 
 
 Latchford 
 
 Shanahan 
 
 Clarke 
 
 Goodyear 
 
 Lill 
 
 Shuey 
 
 Coolley 
 
 Gray 
 
 Lindly 
 
 Six 
 
 Cruden 
 
 Green 
 
 Mack 
 
 Sneed 
 
 Cutting 
 
 Hamill 
 
1922.] 
 
 CONSTITUTION A.L CONVENTION. 
 
 779 
 
 Section 125 being taken up, Mr. DeYoung offered the following 
 amendment and moved its adoption: 
 
 Amend section 125, in the first line thereof, after the word “department” 
 by striking out the words “shall perform such duties as provided by law. 
 They.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of the section, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 61; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Meinert 
 
 Sutherland 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Miller 
 
 Taff 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Mills 
 
 Todd 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Moore 
 
 Torrance 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Nichols 
 
 Traeger 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, L. C. 
 
 Paddock 
 
 Trautmann 
 
 Carlstrom 
 
 Garrett 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Warren 
 
 Catron 
 
 Gee 
 
 Kerrick 
 
 Rinaker 
 
 Whitman 
 
 Chew 
 
 Gilbert 
 
 Latchford 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Goodyear 
 
 Lill 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gray 
 
 Lindly 
 
 Six 
 
 Mr. President 
 
 Cruden 
 
 Green 
 
 Mack 
 
 Sneed 
 
 Yeas—61. 
 
 Cutting 
 
 Hamill 
 
 
 
 Nays—0. 
 
 Section 125, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 127 being taken up, Mr. DeYoung offered the following 
 amendment and moved its adoption: 
 
 Amend section 127, in the third line thereof, after the word “salary,” 
 by striking out the words “or perform any duties other than judicial.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of the section, as amended, 
 a call of the roll was had, resulting as follows : Yeas, 62; nays, 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Miller 
 
 Sutherland 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Taff 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Moore ‘ 
 
 Todd 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 .Torrance 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Traeger 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Trautmann 
 
 Carlstrom 
 
 Garrett 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Warren 
 
 Catron 
 
 Gee 
 
 Kerrick 
 
 Scanlan 
 
 Whitman 
 
 Chew 
 
 Gilbert 
 
 Latchford 
 
 Shanahan 
 
 Wilson 
 
 Clarke 
 
 Goodyear 
 
 Lill 
 
 Shuey 
 
 Woodward 
 
 Coolley 
 
 Gray 
 
 Lindly 
 
 Six 
 
 Mr. President 
 
 Cruden 
 
 Green 
 
 Mack 
 
 Sneed 
 
 Yeas—62. 
 
 Cutting 
 
 Hamill 
 
 Meinert 
 
 
 Nays—0. 
 
 Section 127, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Stvle for action, as provided by Rule 20. 
 
 By unanimous consent, on motion of Mr. Hull, the rules were sus¬ 
 pended for the purpose of reconsidering the vote by which section 116 
 of the Article on Counties, was adopted. 
 
 Section 176 being taken up, Mr. Hull offered the following amend¬ 
 ment and moved its adoption : 
 
 Amend section 176 by striking out the second paragraph thereof. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of the section, as amended, 
 a call of the roll was had, resulting as follows': Yeas, 62; nays, 0 
 
780 
 
 JOURNAL OF THE 
 
 [June 22, 
 
 Those voting in the affirmative are: Messrs. 
 
 Sutherland 
 Taff 
 Todd 
 Torrance 
 Traeger 
 Trautmann 
 Warren 
 Whitman 
 Wilson 
 Woodward 
 Mr. President 
 
 Yeas—62. 
 
 . . Nays—0. 
 
 Section 1 \ 6, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 By unanimous consent, upon his request, Mr. Brenholt was excused 
 from attendance at the sessions of the Convention next Tuesday. 
 
 At the hour of 7 :15 o’clock p. m., Mr. Shanahan moved that the 
 Convention do now adjourn until Tuesday, June 27, 1922, at 10:00 
 o’clock a. m. 
 
 Adams 
 
 Davis 
 
 Hogan 
 
 Miller 
 
 Barr 
 
 Dawes 
 
 Hollenbeck 
 
 Mills 
 
 Brandon 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 Brenholt 
 
 Dunlap 
 
 Jack 
 
 Nichols 
 
 Brewster 
 
 Elting 
 
 Jarman 
 
 Paddock 
 
 Cary, C. D. 
 
 Fifer 
 
 Johnson, D. C. 
 
 Pinnell 
 
 Carlstrom 
 
 Garrett 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Catron 
 
 Gee 
 
 Kerrick 
 
 Scanlan 
 
 Chew 
 
 Gilbert 
 
 Latchford 
 
 Shanahan 
 
 Clarke 
 
 Goodyear 
 
 Lill 
 
 Shuey 
 
 Coolley 
 
 Gray 
 
 Lindly 
 
 Six 
 
 Cruden 
 
 Green 
 
 Mack 
 
 Sneed 
 
 Cutting 
 
 Hamill 
 
 Meinert 
 
 The motion prevailed. 
 
 And the Convention stood adjourned. 
 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 781 
 
 §», 
 
 TUESDAY, JUNE 27, 1922, 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by the Pev. W. H. Penhollegon, ot the hirst 
 Presbyterian Church of Decatur. 
 
 The Journal of Wednesday, June 21, having been printed ana 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25, the Secietai} 
 called the roll of the Convention, which resulted as follows: Present, 5G. 
 
 Those answering present are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Pifer 
 
 Garrett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 J arman 
 
 Johnson, D. C.\ 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Bindly 
 
 McEwen 
 
 Meinert 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 O’Brien 
 
 Parker 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Sneed 
 Sutherland 
 Taff 
 Todd 
 Torrance 
 Trautmann 
 Wall 
 W arren 
 Whitman 
 Wilson 
 Mr. President 
 Present—56. 
 
 Mr. Jarman called up section 9, as amended, of the report of the 
 Committee on Schedule, further consideration of which was postponed on 
 June 22, and offered the following amendment and moved its adoption: 
 
 Amendment No. 1. 
 
 Amend section 9 by striking out the figures “1925” in line 8 thereof, 
 and inserting the figures “1927” so that the line shall read as follows: “in 
 the fifth district, in 1927, for election of one justice.” . 
 
 Also by striking out the third paragraph thereof, beginning with the 
 words “one member of the court,” and inserting in lieu thereof the follow¬ 
 ing: “During the time there are eight justices of the Supreme pourt in 
 office, the concurrence of five shall be necessary for every decision. 
 
 Also by striking out the word “twenty-five” in line 3 of paragraph 9, 
 of said section 9, and inserting in lieu thereof the word “twenty-seven.” 
 
 The question being on the adoption of the amendment, a division of 
 the Convention was had resulting as follows: Yeas, 25; nays, 21. 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 9, as amended. 
 
 Mr. Jarman moved that further consideration of section 9 be post¬ 
 poned until 2 :30 o'clock p. m. 
 
 And the motion prevailed. 
 
 At the hour of 12:15 o’clock p. m., Mr. Trautmann moved that the 
 Convention do now take a recess until 2 :30 o’clock p. m. 
 
 And the motion prevailed. 
 
782 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 
 2 :30 o'Clock P. M. 
 
 The hour of 2 :30 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 Mr. Sneed again called up Report Yo. 22, of the Committee on 
 Phraseology and Style on the subject of labor, consideration of which 
 was postponed on June 22. 
 
 And the question being on the adoption of section 1 thereof, a call 
 of the roll was had resulting as follows: Yeas, 18: nays* 36. 
 
 .Those voting in the affirmative are: Messrs. 
 
 Adamkiewicz Gilbert Lindly 
 
 Chew Hogan Meinert 
 
 Cruden Jarman Nichols 
 
 Garrett Johnson, L. C. O’Brien 
 
 Parker 
 
 Scanlan 
 
 Shanahan 
 
 Sneed 
 
 Torrance 
 
 Wall 
 
 Yeas—18. 
 
 Those voting in the negative are: 
 
 Adams 
 
 Barr 
 
 Carlstrom 
 
 Catron 
 
 Clarke 
 
 Corlett 
 
 Cutting 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Johnson, W. 
 Kerrick 
 
 Messrs. 
 
 McEwen 
 Mills 
 Moore 
 Pinnell 
 Rinaker 
 A. Shuey 
 Smith 
 
 The section having failed to receive the votes of 
 Delegates elected, was declared lost. 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 W arren 
 
 Whitman 
 
 Wilson 
 
 Mr. President 
 
 Nays—36. 
 
 a majority of the 
 
 Mr. Trautmann asked unanimous consent to suspend the rules for 
 the purpose of making a motion to reconsider the vote by which section 
 21, of the Article on Schedule, was adopted, for the purpose of offering 
 a specific amendment. 
 
 I nanimous consent being granted, Mr. Trautmann moved to re¬ 
 consider the vote by which section 21. of the Article on Schedule, was 
 heretofore adopted. 
 
 And the motion prevailed. 
 
 A hereupon Mr. Trautmann offered the following amendment and 
 moved its adoption: 
 
 Amendment No. 1. 
 
 Amend section 21 of the report of the Committee on Phraseology and 
 Style on the Schedule which is the same as section 20 on the Second Revised 
 Draft of the Constitution. Amend by striking out of lines 7 and 8 the follow¬ 
 ing: “by the addition of fifty per cent; with the minimum salary of” and 
 insert in lieu thereof the word “to.” Strike out of line 10 the following: 
 “a minimum salary of” and insert in lieu thereof the word “to.” Strike out 
 of line 12 the following: “minimum salary of” and insert in lieu thereof the 
 word “to.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 21, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 54: nays, 0. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 783 
 
 Those 
 
 voting in the affirmative are: 
 
 Messrs. 
 
 V 
 
 Adams 
 
 De Young 
 
 Hogan 
 
 Mills 
 
 Sutherland 
 
 Adamkiewicz 
 
 Dietz 
 
 Hull 
 
 Moore 
 
 Taff 
 
 Barr 
 
 Dunlap 
 
 Ireland 
 
 Nichols 
 
 Todd 
 
 Carlstrom 
 
 Dupuy, G. A. 
 
 Jack 
 
 O’Brien 
 
 Torrance 
 
 Catron 
 
 Elting 
 
 Jarman 
 
 Parker 
 
 Trautmann 
 
 Chew 
 
 Garrett 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Wall 
 
 Clarke 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Warren 
 
 Corlett 
 
 Goodyear 
 
 Kerrick 
 
 Shanahan 
 
 Whitman 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Shuey 
 
 Wilson 
 
 Davis 
 
 Green 
 
 McEwen 
 
 Smith 
 
 Mr. President 
 
 Dawes 
 
 Hamill 
 
 Meinert 
 
 Sneed 
 
 Yeas—54. 
 
 Nays—0. 
 
 Section 21, having received the votes of a majority of the Delegates 
 elected, was declared passed, and under the rules, was re-referred to the 
 Committee on Phraseology and Style, for action, as provided by Rule 20. 
 
 By unanimous consent, Mr. Dupuy offered the following as an addi¬ 
 tional section to the Article on Schedule, to be known as section 32, as 
 follows: 
 
 Section 32. From and after the seventh day of May, 1923, and until 
 otherwise provided by law, all matters of fees and costs connected with pro¬ 
 ceedings in the Circuit Court of Cook County shall be regulated by rules 
 to be adopted by the Supreme Court. 
 
 The question being on the adoption of section 32, a call of the roll 
 was had, resulting as follows: Yeas, 52; nays. 0. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Cutting 
 
 Davis 
 
 De Young 
 
 Dietz 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Garrett 
 
 Gilbert 
 
 Goodyear . 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Johnson, W. A, 
 
 Kerrick 
 
 Lindly 
 
 McEwen 
 
 Meinert 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 O’Brien 
 
 Parker 
 
 Pmnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Trautmann 
 
 Wall 
 
 W arren 
 
 Whitman 
 
 Wilson 
 
 Mr. President 
 
 Yeas—52. 
 
 Nays—0. 
 
 Section 32, having received the votes of a majority of the Delegates 
 elected, was declared passed, and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Rule 20. 
 
 Section 9, as amended, of the report of the Committee on Schedule, 
 consideration of which was postponed at the hour of taking a recess, was 
 again taken up. 
 
 And the question being on the adoption of the section. 
 
 Pending roll call, Mr. Jarman moved that further consideration be 
 
 postponed. 
 
 And the motion prevailed. 
 
 Mr. Jarman then moved to reconsider the vote by which the 
 Minority Report was substituted for section 9, of the Majority Report, 
 
 of the Article on Schedule. 
 
 And the motion prevailed. 
 
 Mr. Jarman, thereupon, by unanimous consent, withdrew his 
 minority report and offered the following amendment in lieu thereof to 
 section 9: 
 
 Amendment No. 2. 
 
 Amend section 9, by striking out the words “twenty-four” in line four 
 of the second paragraph and inserting the words “twenty-seven.” 
 
 Also by striking out the word “when” in line 1 of paragraph 3 and by 
 striking out the words “twenty-four” and inserting the words “twenty-seven” 
 
784 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 in line 3 of pargraph 3 and striking out the word “expires” in line 3, para^ 
 graph 3, and the word “this” in line 4 and inserting the words “shall ex¬ 
 pire” before the word “on” and inserting the words “at which time” before 
 the words “said office” in line 4. 
 
 And the amendment was lost. 
 
 The question recurring on the adoption of section 9 of the report of 
 the Committee on Phraseology and Style on the subject of schedule, a 
 call of the roll was had resulting as follows: Yeas, 53; nays, 5. 
 
 Those voting in the 
 
 affirmative are: 
 
 Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Hamill 
 
 Mills 
 
 Sutherland 
 
 Adamkiewicz 
 
 Dietz 
 
 Hogan 
 
 Moore 
 
 Taff 
 
 Barr • 
 
 Dryer 
 
 Hull 
 
 Nichols 
 
 Todd 
 
 Carlstrom 
 
 Dunlap 
 
 Ireland 
 
 O’Brien 
 
 Torrance 
 
 Catron 
 
 Dupuy, G. A. 
 
 Jack 
 
 Parker 
 
 Trautmann 
 
 Chew 
 
 Elting 
 
 Jarman 
 
 Finn ell 
 
 Wall 
 
 Clarke 
 
 Fifer 
 
 Johnson, L. C. 
 
 Rinaker 
 
 Warren 
 
 Corlett 
 
 Gilbert 
 
 Johnson, W. A. 
 
 Scanlan 
 
 Whitman 
 
 Cruden 
 
 Goodyear 
 
 Kerrick 
 
 Shuey 
 
 Wilson 
 
 Cutting 
 
 Gray 
 
 Lindly 
 
 Sneed 
 
 Mr. President 
 
 Davis 
 
 Green 
 
 Meinert 
 
 
 Yeas— 
 
 Those voting in the negative are: Messrs. 
 
 De Young Garrett McEwen Shanahan Smith 
 
 Nays—5. 
 
 Section 9 having received the votes of a majority of the Delegates 
 elected, was declared passed and, under the rules, was re-referred to the 
 Committee on Phraseology and Style for action, as provided by Pule 20. 
 
 Mr. Green moved to reconsider the vote by which section 9 was 
 adopted. 
 
 Mr. Whitman moved to lay that motion on the table. 
 
 And the question being on the motion to table, it was decided in the 
 affirmative. 
 
 Mr. Carlstrom called up section 84 of the Article on Executive De¬ 
 partment in the Revised Draft of June 22, and, by unanimous consent, 
 the words “town and _ school" were stricken from second line of said 
 section. 
 
 Mr. Elting asked unanimous consent to call up section 8, of the 
 Article on Bill of Plights, for the purpose of offering a specific amend¬ 
 ment. 
 
 Unanimous consent being refused, Mr. Elting moved to suspend the 
 rules for that purpose. 
 
 The question being on the motion to suspend the rules, a division of 
 the Convention was had, resulting as follows: Yeas, 8; nays, 27. 
 
 And the motion was lost. 
 
 Mr. Trautmann called up section 11 of the Article on Schedule, in 
 the Revised Draft of June 22, and, by unanimous consent, the words 
 “twenty-nine" in the last line of said section were stricken out and the 
 words “twenty-eight" substituted in lieu thereof. 
 
 Mr. Hamill called up section 30 of the Article on Schedule in the 
 Revised Draft of June 22, and by unanimous consent, the last paragraph 
 of said section was stricken out. 
 
 By unanimous consent, Mr. Sneed offered the following section on 
 second reading and moved its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 785 
 
 CONVICT LABOR. 
 
 Hereafter it shall he unlawful for the commissioners of any penitentiary, 
 or other reformatory institution in the State of Illinois, to let by contract 
 to any person, or persons, or corporation, the labor of any convict confined 
 
 within said institution. 
 
 The question being on the adoption of the section, a call of the roll 
 was had, resulting as follows: Yeas, 52: nays, 2. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Trautmann 
 
 Wall 
 
 W arren 
 
 Whitman 
 
 Wilson 
 
 Mr. President 
 
 Yeas—52. 
 
 Dietz Ireland » Moore 
 
 Dryer Jack Nichols 
 
 Dunlap Jarman O’Brien 
 
 Dupuy, G. A. Johnson, L. C. Parker 
 
 Elting Johnson, W. A. Pinnell 
 
 Pifer Kerrick Scanlan 
 
 Garrett Bindly • Shanahan 
 
 Gilbert McEwen Shuey 
 
 Gray Meinert Smith 
 
 Green Mills Sneed 
 
 Hogan 
 
 Those voting in the negative are: Messrs. 
 
 Goodyear Hamill Nays 2. 
 
 The section on Convict Labor, having received the votes of a ma¬ 
 jority of the Delegates elected, was declared passed, and under the rules, 
 was re-referred to the Committee on Phraseology and Style for action 
 as provided by Pule 20. 
 
 At the hour of 5 :45 o’clock p. m., Mr. Lindly moved that the Con¬ 
 vention do now take a recess until 8 :00 o’clock p. m. 
 
 And the motion prevailed. 
 
 8:00 o’Clock P. M. 
 
 The hour of 8 :00 o’clock p. m. having arrived, the Convention re¬ 
 sumed its session. 
 
 The President presiding. 
 
 The Convention proceeding on the order of Eeports of Standing 
 
 Committees. 
 
 Mr. Clarke submitted the following report: 
 
 REPORT NO. 23. 
 
 (June 27, 1922.) 
 
 THE COMMITTEE ON PHRASEOLOGY AND STYLE TO WHICH WAS 
 REFERRED THE VARIOUS SECTIONS AND ARTICLES AS ADOPTED 
 ON SECOND READING UP TO JUNE 27, 1922, RESPECTFULLY 
 REPORTS THAT IT HAS CONSIDERED SUCH SECTIONS AND 
 ARTICLES AND HAS COMBINED AND COORDINATED THEM TO 
 CONSTITUTE THE REVISED CONSTITUTION AS A UNIT. 
 
 Resolved, That the following shall become the Constitution of Illinois 
 and the Schedule thereto: 
 
 CONSTITUTION OF ILLINOIS. 
 
 Preamble. 
 
 We, the people of the State of Illinois, grateful to Almighty God for 
 the civil, political and religious liberties which He hath so long permitted 
 us to enjoy and looking to Him for a blessing upon our endeavors to secure 
 and transmit them unimpaired to succeeding generations, in order to form 
 
 —50 C J 
 
I 
 
 786 journal or the [June 27 ? 
 
 a more perfect government, establish justice, insure domestic tranquility, 
 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. 
 
 ARTICLE I. 
 
 Bill of Rights. 
 
 Section 1. All men are by nature free and independent and have certain 
 inherent and inalienable rights; among these are life, liberty and the pursuit 
 of happiness. To secure these rights and the protection of property, govern¬ 
 ments are instituted among men, deriving their just powers from the con¬ 
 sent of the governed. A frequent recurrence to the fundamental principles 
 of civil government is necessary to preserve the blessings of liberty. 
 
 Section 2. No person shall be deprived of life, liberty or property with¬ 
 out due process of law. 
 
 Section 3. The free exercise and enjoyment of religious profession and 
 worship without discrimination shall forever be guaranteed. No person shall 
 be denied any civil or political right, privilege or capacity on account of his 
 religious opinions. The liberty of conscience hereby secured shall not be 
 construed to dispense with oaths or affirmations, excuse acts of licentiousness 
 or justify practices inconsistent with the peace or safety of the state. No 
 person shall be required to attend or support any ministry or place of wor¬ 
 ship against his consent, nor shall any preference be given by law to any 
 religious denomination or mode of worship. The reading of selections from 
 any version of the Old and New Testaments in the public schools without 
 comment shall never be held to be in conflict with this constitution. 
 
 Section 4. Every person may freely speak, write or*publish on any sub¬ 
 ject but is responsible for the abuse of this liberty. In trials for libel, civil 
 or criminal, the truth when published with good motives and for justifiable 
 ends is a sufficient defense. 
 
 Section 5. The right of trial by jury shall remain inviolate but may be 
 waived except in capital cases. The general assembly may provide that 
 women may be eligible to serve as jurors. Juries of less than twelve in civil 
 cases may be authorized by law. 
 
 Section 6. The right of the people to be secure in their persons, houses, 
 papers and effects against unreasonable searches and seizures shall not be 
 violated. No warrant shall issue without probable cause, supported by affi¬ 
 davit particularly describing the place to be searched and the persons or 
 things to be seized. 
 
 Section 7. Excessive bail shall not be required. The privilege of the 
 writ of habeas corpus shall not be suspended unless in case of rebellion 
 or invasion the public safety may require it. 
 
 Section 8. No person shall be held to answer for a capital offense unless 
 on indictment of a grand jury. Offenses which may be punished by im¬ 
 prisonment in the penitentiary may be prosecuted by indictment or on infor¬ 
 mation filed by the attorney general or by a state’s attorney. No such in¬ 
 formation shall be filed by a state’s attorney except by leave granted, either 
 in term time or in vacation, by a judge of a court of record having jurisdic¬ 
 tion of the offense, after a showing of probable cause. All other offenses 
 may be prosecuted as provided by law. 
 
 This section shall not apply to cases of impeachment, cases arising in 
 the army and navy and in the militia when in actual service in time of war 
 or public danger. 
 
 Section 9. In all criminal prosecutions the accused shall have the right 
 to apear 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; to have process to compel the attendance of witnesses in his 
 behalf; and to have a speedy public trial by an impartial jury of the county 
 or district in which the offense is alleged to have been committed. 
 
 Section 10. No person shall be compelled in any criminal case to give 
 evidence against himself or be put in jeopardy twice for the same offense. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 787 
 
 Section 11. All penalties shall be proportioned to the nature of the 
 offense. No conviction shall work corruption of blood or forfeiture of estate. 
 No person shall be transported out of the state for any offense committed 
 therein. 
 
 Section 12. No person may be imprisoned for debt except upon refusal 
 to deliver up his estate for his creditors as prescribed by law or in case of 
 strong presumption of fraud. 
 
 Section 13. Private property shall not be taken or damaged for public 
 use without just compensation which, when not made by the state, shall be 
 ascertained by a jury. 
 
 Section 14. No ex post facto law or law impairing the obligation of 
 contracts or making any irrevocable grant of special privilege or immuni¬ 
 ties shall be passed. 
 
 Section 15. The military shall be in strict subordination to the civil 
 power. No soldier in time of peace shall be quartered on a householder 
 without his consent or in time of war except as provided by law. 
 
 Section 16. The people have the right to assemble in a peaceable man¬ 
 ner to consult for the common good, to make known their opinions to theiv 
 representatives and to apply for redress of grievances. 
 
 Section 17. All elections shall be free and equal. 
 
 Section 18. Every person ought to find a certain remedy in the law 
 for all injuries and wrongs which he may receive in his person, property 
 or reputation. He ought to obtain right and justice by law, freely, without 
 being obliged to purchase it, completely and without denial, promptly and 
 without delay. 
 
 Section 19. Laws shall be applicable alike to all citizens without regard 
 to race or color. 
 
 ARTICLE II. 
 
 Powers and Form of Government. 
 
 Section 20. The legislative, executive and judicial departments shall be 
 separate and no one of them shall exercise powers properly belonging to 
 another. 
 
 oection 21. The republican form of government of this state shall never 
 he abandoned, modified or impaired. 
 
 ARTICLE III. 
 
 Legislative Department. 
 
 Section 22. The legislative power shall be vested in a general assembly 
 eonsisting of a senate and a house of representatives. 
 
 Section 23. The general assembly at the regular sessions in nineteen 
 hundred twenty-three, nineteen hundred thirty-three and every twelve years 
 thereafter shall apportion the state into fifty-seven senatorial districts each 
 of which shall elect one senator and into one hundred fifty-three representa¬ 
 tive districts each of which shall elect one representative. The basis of 
 apportionment for both houses shall be the number voting for governor at 
 the last regular election for that office previous to the apportionment. Every 
 district shall be formed of compact and contiguous territory and shall be 
 bounded by county lines except in counties comprising two or more districts 
 when such districts may be bounded by precinct or ward lines. 
 
 The territory now forming the county of Cook shall constitute nineteen 
 senatorial districts. The territory forming the rest of the state shall con¬ 
 stitute thirty-eight senatorial districts. At each apportionment the number 
 so voting in the county of Cook shall be divided by nineteen and the quotient 
 shall be the senatorial ratio for that territory and the number so voting 
 in the rest of the state shall be divided by thirty-eight and the quotient 
 shall be the senatorial ratio for that territory. The senatorial districts in 
 
788 journal op the [June 27, 
 
 each territory shall contain as nearly as practicable the ratio for that terri¬ 
 tory but in no case less than three-fourths of such ratio. 
 
 At each apportionment the number so voting in the entire state shall be 
 divided by one hundred fifty-three and the quotient shall be the representa¬ 
 tive ratio for the state. Representative districts shall contain as nearly as 
 practicable the representative ratio. No district shall contain less than four- 
 fifths of the representative ratio. But a county having less than four-fifths 
 of the ratio may be joined with an adjoining county having less than the 
 ratio in forming a district; counties having less than four-fifths of the ratio 
 may be formed into districts of one or more counties; such districts shall 
 be as near the ratio as practicable; and when of more than one county such 
 counties shall be adjoining. Counties comprising not less than one ratio 
 and three-fourths shall be divided into two or more districts. Each district 
 in counties comprising more than two districts shall contain at least the 
 full ratio. 
 
 Section 24. If the general assembly fails to make any such apportion¬ 
 ment it shall be the duty of the secretary of state, the attorney general and 
 the auditor of public accounts to meet at the office of the governor within 
 ninety days after the adjournment of the regular session of the year desig¬ 
 nated for that purpose and make an apportionment as provided in section 
 twenty-three of this constitution. 
 
 Section 25. Senators shall be at least twenty-five and representatives 
 at least twenty-one years of age. No person shall be a member of the gen¬ 
 eral assembly who holds any other lucrative public office or employment (ex¬ 
 cept as a militia officer or justice of the peace) or is not a citizen of the 
 United States or has not resided for five years in the state and for two years 
 next before his election in the territory forming the district. 
 
 Section 26. Senators from even numbered districts shall be elected in 
 nineteen hundred twenty-four and those from odd numbered districts in 
 nineteen hundred twenty-six and every four years thereafter. Representa¬ 
 tives shall be elected in nineteen hundred twenty-four and every two years 
 thereafter. Senators shall hold office for four years and representatives 
 for two years beginning cn the day of the convening of the regular session 
 next after the election. Vacancies shall be filled by special elections called 
 by the governor. 
 
 TIME OF MEETING AND RULES. 
 
 Section 27. The geperal assembly shall convene at noon on Wednesday 
 after the first Monday in January in odd numbered years. The secretary of 
 state shall preside over the house of representatives until a temporary pre¬ 
 siding officer is chosen who shall preside until a speaker is chosen. The 
 lieutenant governor shall preside over the senate and may vote in case of 
 tie. The senate shall choose a president to preside during the aosence or 
 pending the impeachment of the lieutenant governor or while he acts as 
 governor. 
 
 Section 28. The governor may convene the general assembly by pro¬ 
 clamation on extraordinary occasions; but it shall enter upon no business 
 save that stated in the proclamation or in one additional message from the 
 
 governor during the session. . 
 
 Section 29. Members of the general assembly before entering upon their 
 duties shall take and subscribe the following oath or affirmation: 
 
 I do solemnly swear (or affirm) that I will support the constitution of 
 the United States and the constitution of the State of Illinois and will faith¬ 
 fully discharge the duties of senator (or representative) to the best of my 
 ability; that I have not, knowingly or intentionally, paid or contributed any¬ 
 thing or made any promise in the nature of a bribe diiectly or indirectly to 
 influence any vote at my election; that I have not accepted, nor will I accept 
 or receive, directly or indirectly, any money or other valuable thing from 
 any corporation, association or person for any vote or influence I may give 
 or withhold on any bill, resolution or appropriation or for any other official 
 
 act. 
 
CONSTITUTIONAL CONVENTION. 
 
 789 
 
 1922 J CONSTTTUXIUJNAJj 
 
 This oath shall be administered by a judge of the supr,sme ■« etoeott 
 rolirt i n the hall of the house to which the member is elected. The secretary 
 o? U 2ate shall record and file the oath subscribed by each member. Any 
 member who refuses to take this oath shall forfeit his office Any member 
 who is convicted of swearing falsely to or of violating his oath shall fo 
 niQ nffipp and be disqualified thereafter from holding any office m this state. 
 
 Section 30 A majority of the members elected to each house shall con¬ 
 stitute a quorum Each house shall determine its rules, choose its ^in¬ 
 stitute a quo u officers and judge the election and qualifications of its 
 
 porary and permanent officers ana juage^ t ^ exceee(Jing twenty . 
 
 ?onr hours (unless the offense is pef ™ted in) any person not a member 
 si.,. of disorderly or contemptuous behavior in its presence, and - 
 vote of two-thirds of those elected and once only for the same offense may 
 
 3‘SCr ;»■ s 
 
 ESSSS: 
 
 entered upon tte journal in respectful language the reasons for their dissent 
 from or protest against any act : or ^esolutmn. of adjournment, the 
 
 s s ?ssmssrers 
 
 the next,^ S "l ar B V SS , ! oint resolution concurred in on roll call by two-thirds 
 Section 33. By joint res general assembly may authorize 
 
 committees''to^cmitinue ^"lourniJnt sine die and until the next 
 
 regular session convenes. 
 
 legislative procedure. . . 
 
 Section 34 No law shall be passed except by bill. Bills may be origin- 
 
 ““bSssm. “tffsas as; “r r £n<s «•>- ■» 
 
 ti Bl)’™?' 1 ,,;;?' .s'5'~ii‘2 ““ “srl'L.h... 
 
 length the section or sections as amended. mem offlcers and employees 
 of tl^ner^as^b^^ 
 
 Appropriations for the offices_o S public accounts and superin- 
 
 of state, attorney general, treasurer. audit I b ills for each office. 
 
 tend Sec t i > on P 38' 1C B I !lls r mak°ing S appropriations ^ppropriathms^are 
 
 S'e andapprwriatrt^them respecUvely their several amounts in distinct 
 
 item IecUon e 3 C 9 tl0 No subject matte UbjSst'lSttS'aSSuy 
 
 ST the houses and has been specifically 
 
 considered and no appropriafion sh al l printed and placed on 
 
 ^ before the report 
 
 is considered or the bill is passed. 
 
790 
 
 JOURNAL OF THE 
 
 [June 21 9 
 
 Section 40. Every bill shall be read by title on three different days 
 in each house but the rules of either house may provide for the reading 
 of bills at greater length on second and third reading. 
 
 Section 41. Every bill and all amendments thereto, except an amend¬ 
 ment striking out an emergency clause, shall be printed before final passage 
 in each house. No bill shall become law’ unless on final passage in each 
 house a majority of the members elected concur by yea and nay vote which 
 shall be taken separately on each bill and entered upon the journals. When 
 passed by both houses a bill shall be signed by the presiding officers thereof 
 and the facts of printing, placing on the desks of members, signing and 
 presentation to the governor and the date of such presentation shall be en¬ 
 tered upon the journals. 
 
 Section 42. Every bill passed by the general assembly shall be pre¬ 
 sented to the gvernor and if signed by him shall thereupon become law. 
 At the time of signing an appropriation bill the governor may disapprove 
 any section or item thereof by appending to the bill a statement of his 
 objections. If the governor does not approve a bill or if he disapproves an 
 appropriations bill in part, he shall return the bill with his objections to 
 the house w T here it originated. If thereafter such disapproved bill or any 
 disapproved section or item of an appropriation bill is again approved by 
 tw 7 o-thirds of the members elected to each house, the bill or such section or 
 item of an appropriation bill shall become law T notwithstanding the objec¬ 
 tions of the governor. Any disapproved bill or disapproved part of an ap¬ 
 propriation bill shall be reconsidered first in the house where the bill orig¬ 
 inated and then sent with the objections of the governor to the other house. 
 Each house before reconsidering shall enter the governor’s objections at 
 large upon its journal. 
 
 Any bill which is not returned by the governor within ten days, Sundays 
 excepted, after it is presented to him shall thereupon become law as if he 
 had signed it. If the general assembly by adjournment prevents its return 
 the bill shall become law’ at the end of thirty days after such adjournment 
 unless within that time the governor files the bill and his objections with 
 the secretary of state. 
 
 Section 43. No appropriation act shall take effect until the first day 
 of July succeeding its enactment and no other act shall take effect until 
 sixty days after the adjournment of the session at which it w r as enacted; 
 but in an emergency, the fact of which shall be expressed in the body of 
 the act, the general assembly may direct otherwise by a vote of two-thirds 
 of the members elected to each house. 
 
 LEGISLATIVE LIMITATIONS. 
 
 Section 44. No local or special law shall: 
 
 Grant divorces; 
 
 Change the names of persons or places; 
 
 Provide for opening, altering or working public highways; 
 
 Vacate highways, public grounds or town plats; 
 
 Regulate county or tow’n affairs; 
 
 Create municipal corporations or amend their charters; 
 
 Provide for summoning or impaneling juries; 
 
 Provide for the management of common schools; 
 
 Regulate interest rates; 
 
 Regulate elections or designate places of voting; 
 
 Regulate the sale or mortgage of real estate of persons under dis¬ 
 ability; 
 
 Protect game or fish unless by reasonable classification of waters; 
 
 Authorize ferries or toll bridges; 
 
 Remit fines, penalties or forfeitures; 
 
 Change the law of descent; 
 
 Grant the right to construct railroad tracks; or 
 
 Grant any special or exclusive privilege, immunity or franchise. 
 
 No special law shall be enacted if a general law can be made applicable. 
 
 Section 45. Lotteries and gift enterprises are forbidden. 
 
1922.] 
 
 CONSTITUTIONAL convention. 
 
 791 
 
 Section 46. No liability due the state or any subdivision thereof or 
 anv municipal corporation shall ever be released or extinguished by law. 
 
 Section 47. No officer shall be elected or appointed by the general 
 assembly or by either house except theii respecti\ e officers. 
 
 Section 48. No special law may grant or change any corporate powers 
 except those of educational, charitable, reformatory or penal corporations, 
 
 under the patronage and control of the state. . 
 
 Section 49. No law shall be passed authorizing any bank of issue or 
 authorizing the state to conduct, own any interest in or incur any liability 
 
 for any banking business. , . . . 
 
 Section 50. No law shall be passed authorizing the labor of any con¬ 
 vict confined within any penitentiary or other reformatory institution to be 
 let to any person, corporation or association. 
 
 IMPEACHMENTS. 
 
 Section 51. The governor and all civil officers of the state shall be 
 liable to impeachment for misdemeanor in office. The house of representa¬ 
 tives shall have the sole power of impeachment. A majority of the members 
 elected must concur therein. Impeachments shall be tried by the senate, 
 each senator being upon oath or affirmation to do justice according to the 
 law' and the evidence. When the governor is tried the chief justice shall 
 preside No person shall be convicted without the concurrence of two-thirds 
 of the senators elected. Judgment in case of impeachment shall not extend 
 beyond removal from office and disqualification for any office under the 
 state; but the person impeached whether convicted or acquitted shall be 
 liable to prosecution according to law. 
 
 PROVISIONS CONCERNING MEMBERS. 
 
 Section 52. The pay and mileage allowed each senator and representa¬ 
 tive shall be certified by the presiding officers of their respective houses and 
 entered upon the journals. No senator or representative shall receive any 
 other compensation or allowance. No law increasing the pay or other 
 allowance of members of the general assembly shall take effect until the 
 second regular session next following its enactment. 
 
 Section 53. Except for treason, felony or breach of the peace senators 
 and representatives shall be privileged from arrest wkile going to, attending 
 or returning from sessions of the general assembly. They shall not be 
 questioned elsewhere for any speech in either house. % 
 
 Section 54. No person elected to the general assembly shall receive or 
 hold any lucrative civil appointment in this state during the term for which 
 he is elected. 
 
 Section 55. No member of the general assembly during, his term or 
 within one year thereafter shall be beneficially interested diiecti> oi in¬ 
 directly in any contract, authorized by a law enacted during his term, with 
 the state or any subdivision thereof or any municipal corporation. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section 56. The general assembly shall pass liberal homestead and 
 
 exemption laws. . , 
 
 Section 57. The general assembly shall pass laws to encourage forestiy. 
 
 Section 58. The general assembly shall pass laws for the protection of 
 operative miners, providing for ventilation and the construction of escape¬ 
 ment shafts or other appliances securing safety in mines and shall prescribe 
 such penalties and punishments for the enforcement thereof as it deems 
 proper. 
 
 Section 59. The general assembly may provide for: 
 
 Opening private roads to communicate with public roads; 
 
 Permitting owners and lessees of lands and minerals to construct drains, 
 ditches and levees on, across or under the lands of others for agricultural, 
 sanitary or mining purposes; 
 
 Organizing drainage districts for flood control or for sanitary or agu- 
 cultural purposes with powers of eminent domain and special assessment, 
 
 and 
 
792 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 Making surveys and straightening and improving water courses at the 
 expense in part of drainage districts and in part of the state or any sub¬ 
 division thereof. 
 
 This section shall not be construed as a limitation of the powers of the 
 general assembly. 
 
 Section 60. The general assembly may authorize the state or any sub¬ 
 division thereof or any municipal corporation to take and to hold, lease 
 or sell more land than is needed for a public improvement whenever the 
 court finds the excess is required to protect, preserve or aid the improvement 
 and is reasonable in quantity therefor. 
 
 Section 61. The general assembly shall not grant the right to occupy 
 the streets or public grounds of any municipal corporation without its 
 consent. 
 
 Section 62. The general assembly in order to promote the general 
 welfare may authorize cities, villages and incorporated towns to adopt rea¬ 
 sonable regulations governing the use and appearance of land and the 
 location, appearance, size and use of structures and to divide their territory 
 into zones to each of which special regulations may be applied. Distinctions 
 may be made between conditions existing at the time of adoption of any such 
 regulations and future conditions. Such regulations shall not be enforced 
 as to conditions existing at the time of their adoption without payment of 
 just compensation unless such regulations might lawfully be so enforced 
 irrespective of the provisions of this section. Any statute in force at the 
 time of the adoption of this constitution (or any ordinance passed in con¬ 
 formity with such statute) which comes within the provisions of this sec¬ 
 tion shall be valid. 
 
 Section 63. The general assembly may provide for lending money on 
 farm lands in the state; but no act providing therefor (or any amendment 
 thereto) shall take effect until it is approved by a majority of those voting 
 on the question at a general election. Such loans shall be amortized in not 
 to exceed thirty-three years and shall be secured by first mortgages or deeds 
 of trust made by those owning, occupying and cultivating the lands pledged. 
 Reasonable preferences concerning loans may be given to persons honorably 
 discharged from the armed forces of the United States. 
 
 Section 64. Every stockholder of a bank shall be liable (in addition to 
 any liability for his stock) to the amount of the par value of the stock held 
 by him for' liabilities of the bank accruing while he held such stock. The 
 general assembly shall provide the manner in which that obligation may 
 be enforced. In every election for directors of a bank each stockholder may 
 cast, in person or by proxy, as many votes as shall equal the number of 
 directors to be elected multiplied by the number of shares ow'ned by him 
 and may cumulate his votes for one candidate or distribute them among 
 several. 
 
 ARTICLE IV. 
 
 Executive Department. 
 
 Section 65. The executive department shall consist of a governor, 
 lieutenant governor, secretary of state, attorney general, treasurer, auditor 
 of public accounts, superintendent of public instruction and such other 
 officers as provided by law. Except the lieutenant governor they shall reside 
 at the seat of government during their terms. 
 
 Section 66. The governor and lieutenant governor each shall be at least 
 thirty-five years of age and a citizen of the state for ten years next before 
 his election. No elective officer of the executive department shall hold an¬ 
 other office during the term for which he is elected. 
 
 Section 67. No state treasurer shall again hold that office within four 
 years after his term expires. The treasurer may be required by the governor 
 to give reasonable additional security and in default of so doing his office 
 shall be deemed vacant. 
 
 Section 68. The officers specifically named in section sixty-five of this 
 constitution except the superintendent of public instruction shall be elected 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 793 
 
 tWe T?e Sl tem d o£ V offlce OU o? fvtfy ^ch officer shall be four years from the 
 
 SeCOn s d ec“ y %b7 a Tect 1 o n rretu t ™s h for el o e ffi t c°ers of the executive depart¬ 
 ment shall be sealed and transmitted by the returning officers to the secre- 
 tarfo? state directed to the speaker of the house of representatives. Before 
 jfi houst proceeds to other business and immediately after its organiza¬ 
 tion the speaker shall open and publish such returns in the piesence o a 
 maffiritv of each house assembled in the hall of the house of representatives 
 then declare elected to each office the person so shown to have the 
 highest number of votes therefor. The general assembly by ballot m joint 
 session shall determine contested elections for such_ offices and in case cm tie 
 
 shall choose in like manner one of the persons tied. . depart- 
 
 Section 70. The public records and papers of the executive aepa 
 
 ment shall be kept at the seat of government. h n h id 
 
 Section 71. The officers of the executive department shall be paid 
 
 salaries and shall not receive to their own use any other compensation. 
 
 Section 72. Each officer of the executive department shall perform such 
 
 dUU Section 6 7 P 3 reS The G supreme executive power shall be vested in the gov- 
 ernofwho shall take care that the laws are faithfully executed. 
 
 Section 74. At the commencement of each regular session and at t e 
 close of his term the governor shall inform the general assembly of the con¬ 
 dition of the state and recommend such measures as he deems expe *en . 
 At the same time he shall account to tne general assembly for ail ft n ~ 
 
 SUtd Section 75. The governor shall nominate and with the consent by jea 
 and nay vote of a majority of those elected to the senate shall appoint all 
 officers whose appointment or election is not otheinvme pre^nbed by law^ 
 
 If a vacancy exists during the recess of the senate many^ office ^ Here 
 the appointing power is vested in the governor subject to tte consent of the 
 senate the governor shall make a temporary appointment until the next 
 meeting of the senate when he shall nominate some person for the office. 
 
 No person rejected by the senate shall be nominated again tor the office 
 at the same session save on request of the senate or be appomte 
 
 office during the recess of the senate. . ~ 
 
 Section 76. For incompetency, neglect of duty or malfeasance in offie 
 
 the governor may remove any officer whom he may appoint. , 
 
 Section 77. The governor may grant reprieves, commutations and P - 
 dons for all offenses after conviction on such terms as he thinks proper, bu 
 the manner of applying therefor may be regulated by law 
 
 Section 78. The governor shall be commander-in-chief of the aimed 
 forces of the state except when they are in the service of the United States 
 and may call them out to execute the law, protect life or property, supp e 
 
 inSU s 7 cCU 0 9 r TWe nV offic°e n 'of governor becomes vacant the lieutenant 
 governor shall become governor for the residue of the term. « the s ° ve ^°‘ 
 fails to qualify, is absent from the state or is under disability, the PO^eis, 
 duties and emoluments of the office shall devolve upon the lieutena 
 governor for the residue of the term or until the cause whicii lenaers the 
 governor incapable of performing his duties is removed. 
 
 If there is no lieutenant governor or if for any of the above causes he 
 incapable of performing the duties of the office, its powers, duties and emolu¬ 
 ments shall devolve, first upon the president of the senate and after hi , 
 like cause upon the speaker of the house of representatives; but each of 
 them shall act only until the cause which renders the officer having the prior 
 right incapable of performing the duties of the office is removed oi until the 
 
 vacancy is filled by election. 
 
794 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 Section SO. If the office of secretary of state, attorney general, treasurer, 
 auditor of public accounts or superintendent of public instruction becomes 
 vacant, the governor shall fill the vacancy by appointment until a successor 
 is elected and qualified. 
 
 Section 81. Each officer of the executive department and the chief 
 officer of each public institution of the state shall render under oath to the 
 governor a semiannual account of all moneys received or disbursed. At least 
 ten days before the regular session of the general assembly each of these 
 officers shall report the condition of his office to the governor who shall 
 transmit the reports to the general assembly. Additional reports may be 
 required of these officers by the governor. 
 
 Section 82. The state treasurer as a part of each semiannual report 
 shall show the daily balances of state funds in his custody and in every 
 bank, safe or other place of deposit or safe keeping where such funds were 
 duiing the period covered by the report. He shall accompany his report 
 v ith a sworn statement of an executive officer in charge of every such bank, 
 safe or other place of deposit. Such statement shall show each payment of 
 interest or other compensation made or to be made by reason of the deposit 
 or use or keeping of any part of such funds. 
 
 Section 83. There shall be a great seal of the State of Illinois to be 
 kept and used by the secretary of state as directed by law. 
 
 Section 84. The auditor of public accounts shall publish within sixty 
 days after the adjournment of each session of the general assembly a state¬ 
 ment of the expenses of such session, specifying the amount of each item 
 and to whom and for what paid. 
 
 Section 85. A uniform system of accounts for all county officers shall 
 be prescribed and supervised by the auditor of public accounts and their 
 accounts shall be audited by him. 
 
 ARTICLE V. 
 
 Judicial Department. 
 
 Section 86. The judicial power shall be vested in a supreme court, in 
 appellate, circuit and county courts and in justices of the peace. 
 
 THE SUPREME COURT. 
 
 Section 87. The supreme court shall consist of seven justices one of 
 whom to be chosen by themselves shall be chief justice. 
 
 Section 88. The state shall be divided into six districts for the election 
 of justices. The first district shall consist of the territory now comprising 
 the county of Cook and two justices shall be elected from that district. The 
 rest of the state shall be divided into five districts each of which shall elect 
 one justice and until otherwise provided by law the five districts shall be 
 as follows: 
 
 Second district, the counties of Lake, McHenry, Boone, Winnebago, 
 Stephenson, Jo Daviess, Carroll, Ogle, De Kalb, Kane, Du Page, Lee, White- 
 side and Rock Island; 
 
 Third district, the counties of Mercer, Henderson, Hancock, Schuyler, 
 McDonough, Warren, Knox, Henry, Bureau, Stark, Peoria, Fulton, Mason, 
 Tazewell, Woodford, Marshall, Putnam, La Salle, Livingston, Grundy and 
 Kendall; 
 
 Fourth district, the counties of Will, Kankakee, Iroquois, Vermilion, 
 Edgar, Clark, Coles, Douglas, Champaign, Ford, McLean, De Witt, Platt, 
 Moultrie, Macon, Logan, Menard and Sangamon; 
 
 Fifth district, the counties of Cass, Brown, Adams, Pike, Scott, Morgan, 
 Greene, Calhoun, Jersey, Macoupin, Madison, Bond, Montgomery, Christian, 
 Shelby, Fayette, Marion, Clay, Effingham, Cumberland, Jasper, Richland, 
 Crawford and Lawrence; 
 
 Sixth district, the counties of Wabash, Edwards, Wayne, Jefferson, 
 Washington, Clinton, St. Clair, Monroe, Randolph, Perry, Franklin, Hamil- 
 
CONSTITUTIONAL CONVENTION. 
 
 795 
 
 1922.] 
 
 ton, White, Gallatin, Saline, Williamson, Jackson, Union, Alexander, Pulaski, 
 Johnson, Massac, Pope and Hardin. 
 
 Section 89. One justice of the supreme court shall be elected m the 
 first district in nineteen hundred twenty-four; one justice in the first district 
 in nineteen hundred thirty-three; one justice in the second district in nine¬ 
 teen hundred thirty-one; one justice in the third district in nineteen hundred 
 twenty-seven; one justice in the fourth district in nineteen hundred twenty- 
 four- one justice in the fifth district in nineteen hundred twenty-four; one 
 justice in the sixth district in nineteen hundred twenty-four; and every ten 
 years thereafter respectively. The term of office of each justice shall be ten 
 years from the date of his election. 
 
 Section 90. Whenever a quorum of the supreme court certifies to the 
 governor that it is unable to dispose of pending cases with reasonable dis¬ 
 patch because of the death, disability or resignation of any justice, the gov¬ 
 ernor shall designate a judge of one of the appellate courts to act as a justice 
 of the supreme court and receive the salary paid a justice of that court until 
 the vacancy is filled or the supreme court certifies to the governor that the 
 disability is removed. Such designation shall not affect the term of such 
 
 ^Section 91. The supreme court shall sit at the seat of government. A 
 majority of the justices shall constitute a quorum and the concurrence of 
 
 four shall be necessary for every decision. 
 
 Section 92. The supreme court shall have original jurisdiction in cases 
 relating to the revenue, in quo warranto, mandamus, habeas corpus, pro- 
 hibition and other cases involving questions of great public importance and 
 appellate jurisdiction in all cases. 
 
 Section 93. The supreme court shall have exclusive power to presence 
 rules of pleading, practice and procedure in all courts; but rules not incon¬ 
 sistent therewith may be prescribed respectively by other courts of record. 
 Any rule of court may be set aside by the general assembly by a special 
 
 law limited to that purpose. , , 
 
 Section 94. The supreme court shall appoint its clerk and a reporter 
 
 of its decisions for terms of six years each subject to removal by the court. 
 
 APPELLATE COURTS. 
 
 Section 95 There shall be an appellate court of the first district, an 
 appellate court of the second district, an appellate court of the third district 
 and an appellate court of the fourth district. They shall be of uniform juris¬ 
 diction and have such districts and sit at such places as provided by law. 
 
 Section 96. Each appellate court shall consist of three judges or such 
 multiple of three as the supreme court may from time to time determine. 
 In appellate courts of more than three judges the supreme court may assign 
 the judges thereof to divisions of three judges each. Each division shall 
 select a presiding judge and the presiding judge shall apportion the work 
 of the court among the several divisions and perform such other admmistra- 
 
 tive acts as may be necessary. . , , , .. 
 
 Section 97. Judges of appellate courts shall be appointed by the su¬ 
 preme" court. The terms of judges of appellate courts shall be six years and 
 shall expire in the first district on December thirty-first, nineteen hundred 
 twenty-eight, and in the other districts on December thirty-first, nineteen 
 hundred twenty-seven, and every six years thereafter respectively, except 
 that judges appointed to newly created divisions shall hold office only until 
 the last day of the pending term for appellate judges. On or before January 
 first nineteen hundred twenty-nine, in the first district and January first, 
 nineteen hundred twenty-eight, in the other districts and every si x years 
 thereafter judges of all the appellate courts shall be appointed. The su 
 preme court for cause shown of record may remove any judge of an appellate 
 
 C ° Ur Section 98. The appellate courts shall hold such sessions as the supreme 
 
 “sSnsfEach appellate court shall appoint its clerk for a term of 
 six years subject to removal by the court. 
 
796 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 APPEALS AND WRITS OF ERROR. 
 
 Section 100. Appeals from and writs of error to circuit and county 
 courts may be prosecuted in all cases as follows: 
 
 To or from the supreme court in all criminal cases where the punish¬ 
 ment allowed by law may be death or imprisonment in the penitentiary and 
 in cases where a franchise or a freehold or the validity of a statute is in¬ 
 volved; 
 
 To or from the appellate courts in such other cases as may be prescribed 
 by general rule of the supreme court; 
 
 To or from the supreme court in all other cases. 
 
 Except as above limited the supreme court by general rule may prescribe 
 the final jurisdiction of appellate courts unless otherwise provided by law. 
 
 CIRCUIT COURTS OUTSIDE THE COUNTY OF COOK. 
 
 Section 101. The state outside of the county of Cook shall be divided 
 into judicial circuits formed of contiguous counties as compact in form and 
 as nearly equal as circumstances permit having regard to* business, territory 
 and population. The number of such circuits shall not exceed one for every 
 one hundred fifty thousand population except that a circuit may be formed 
 of a county or contiguous counties having a population exceeding one hun¬ 
 dred thousand if the business of the'circuit court or courts therein occupies 
 nine months of the year. Circuits may be changed by law but only at the 
 first session of the general assembly after the adoption of this constitution 
 and at any session next preceding an election for circuit judges. No such 
 change shall affect the term of any judge. 
 
 Section 102. In every circuit there shall be elected in ineteen hundred 
 twenty-seven and every six years thereafter three judges of the circuit court 
 whose terms shall be six years from the date of their election. 
 
 Section 103. In every such county there shall be a circuit court with 
 original jurisdiction of all cases at law and in equity and such other juris¬ 
 diction as provided by law. 
 
 Section 104. The circuit courts shall always be open for the transaction 
 of business but terms of court not less than four annually may be prescribed 
 by law for common law and criminal cases. In chancery cases and, unless 
 otherwise provided by law for any county or counties, in common law cases, 
 the first Monday of each month shall be the return day for process. The 
 circuit court shall sit at the county seat of each county and in all cities, 
 other than county seats, of more than fifty thousand population. A majority 
 of the judges of the circuit may also provide for holding sessions of court 
 in any city wholly or partly in the county whenever such city or part thereof 
 has not less than five thousand population. All such cities, other than 
 county seats, shall provide and maintain suitable facilities for holding 
 court without expense to the county or state. 
 
 CIRCUIT COURT OF COOK COUNTY. 
 
 Section 105. The territory now comprising the county of Cook. shall 
 constitute one circuit and have a circuit court with original jurisdiction, of 
 all cases, matters and proceedings requiring judicial action and jurisdiction 
 of appeals from justices of the peace. 
 
 Section 106. There shall be elected to the office of judge of the circuit 
 court of Cook county on the first Monday of June, nineteen hundred thirty- 
 one, nineteen judges as successors to the judges whose terms expire in that 
 year; on the first Monday of June, nineteen hundred thirty-three, nineteen 
 judges as successors to the judges whose terms expire in that year; and on 
 the first Monday of June, nineteen hundred thirty-five, twenty judges as 
 successors to the judges whose terms expire in that year. Thereafter on the 
 first Monday of June of the year in which the terms of any judges of that 
 court expire and every six years thereafter, successors to such judges shall 
 be elected. Provision may be made by law for the election of an additional 
 judge for every fifty thousand population in the county above three million 
 four hundred thousand. The number of judges may also be reduced by law. 
 
CONSTITUTIONAL CONVENTION. 
 
 797 
 
 1922.] CO-N b i l l’ U 1 iUIN Ail 
 
 Section 107. Judges of the circuit court of Cook county shall be elected 
 for terms of six years from the date of their election. At f et f t,0 ” S th 
 such judges the ballots therefor shall be separate and distinct from the 
 
 ballots for non-judicial officers. ........ .. 
 
 Section 108. Tbe circuit court of Cook county shall sit in the city of 
 
 Chicago but provision may be made by law for holding sessions m o ler 
 cities villages or incorporated towns in the county havng a-population 
 at least five thousand whenever suitable facilities for holding court are 
 
 provided and maintained without expense to the county or state. 
 
 Section 109 The supreme court shall establish a civil division and a 
 criminal division of the circuit court of Cook county The supreme court 
 from time to time shall assign judges to service m the two dmsmns and 
 shall designate a judge to act as chief justice of each division who shall 
 have such administrative power and authority as may be provided by tie 
 
 SUPr Section 110. The supreme court may authorize the chief justices of the 
 civil and criminal divisions jointly, by and with the advice and consent of a 
 majority of the judges of the court, to appoint assistants who shall have 
 such judicial or other powers and duties in respect to the business be ore 
 
 court as the supreme court may prescribe. The salaries of such assistants 
 
 shall be fixed by the county board and paid out of the county treasury. 
 
 Section 111. Electors of the county of Cook equal m number to one- 
 tenth of the total vote cast for president of the county board at the last pie- 
 ceding election may file in the circuit court a petition to submit to a vote 
 the'proposition whether the county shall adopt the system hereinafter pr<v 
 vided for the appointment of the judges of the circuit court. Thereupon 
 chief iustice of the civil division of that court by an order entered of reco 1 
 shall call a special election for submitting such proposition within three 
 months after such order is entered. If the proposition is approved by a 
 majority of those voting thereon it shall be declared adopted by such c le 
 justice * Y if it is disapproved it shall not again be submitted for six years. 
 Upon the adoption of the proposition the judges in office shall continue m 
 office until removed as hereinafter provided. After the adoption of t - 
 proposition the manner of choosing judges of that court shall be as follows. 
 The governor shall fill any vacancy in that court by appointment from a 
 List containing the names of not less than four eligible persons for each 
 vacancy, nominated by a majority of the supreme court, not more than on 
 half of such persons to be affiliated with the same political party. Thereafter 
 each judge shall hold his office during good behavior subject to remmal s 
 herein provided. On the first Monday in June in the sixth year afte. tl e 
 election or appointment of every judge, or in the seventh year if the si t 
 is an even numbered year, and on the same date m every six . ] 
 
 after, the electors of the county shall be given an opportunity at an ele t 
 to express their disapproval of such judge. If a majority of those \otmg 
 at any such election disapproves of any judge his office shall become vacant 
 at the end of three months after the election and for a period of six years 
 thereafter he shall be ineligible to appointment as a Jiulge of such l court. if 
 such judge is not disapproved, he shall continue m office and begin a new 
 term on the day of such election. All elections under this section shall be 
 
 conducted in the manner prescribed by law. ..... 
 
 Section 112 After five years from the adoption of this constitution the 
 general assembly may divide the circuit court into, and the jurisdiction 
 thereof between, two courts both of which shall be governed by the pro¬ 
 visions of this article so far as applicable. No act providing therefor she 1 
 become effective until approved by a majority of those voting on the questi 
 at a general election in the county of Cook. 
 
 COUNTY COURTS. • 
 
 Section 113. In each county except the county of Cook there shall be 
 elected in nineteen hundred twenty-seven and every six years thereafter a 
 

 798 journal of the [June 27, 
 
 judge of the county court except that contiguous counties may by law be 
 made a district in "which one judge shall be elected for all county courts in 
 the district. An additional judge shall be elected for every fifty thousand 
 population or major portion thereof in a county above a population of fifty 
 thousand. The term of every county judge shall be six years from the date 
 of his election. 
 
 Section 114. In every such county there shall be a county court which 
 shall have: 
 
 Original jurisdiction of all matters of probate, guardianship, conservator- 
 ship and apprenticeship, the administration and settlement of estates of de¬ 
 ceased persons and proceedings for the sale of real estate where required 
 for the administration and settlement of such matters or estates; proceedings 
 relating to taxes and assessments and their collection; and criminal cases 
 below the grade of felony; 
 
 Concurrent jurisdiction with the circuit courts in testamentary trusts, 
 construction of wills and partition of real estate where any such proceeding 
 is incidental to its original jurisdiction; 
 
 Exclusive jurisdiction of appeals from justices of the peace; and 
 
 Such other jurisdiction as provided by law. 
 
 Section 115. County courts shall always be open for the transaction 
 of business and the first Monday of each month shall be return day for 
 process or appeals. The court shall sit at the county seat and shall also 
 sit in cities in the county of twenty thousand population or more whenever 
 suitable facilities for holding court are provided and maintained without 
 expense to the county or state. 
 
 JUSTICES OF THE PEACE. 
 
 Section 116. Justices of the peace and constables outside the county 
 of Cook shall be elected or appointed in such towns or districts and such 
 justices of the peace shall have such uniform jurisdiction as provided by 
 law'. They shall receive salaries from their respective tow r ns or districts to 
 be fixed by the county board. 
 
 Section 117. The chief justice of the civil division of the circuit court 
 of Cook county shall appoint a justice of the peace and a constable in each 
 town or portion of towm in the county outside the city of Chicago, each of 
 whom shall hold office for two years unless sooner removed by such chief 
 justice for cause showm of record. An additional justice of the peace and 
 constable may be appointed in every such towm or portion of towm for every 
 additional ten thousand population therein or major portion thereof above a 
 population of ten thousand. Such justices of the peace shall have the same 
 jurisdiction and such constables shall perform the same duties in the part 
 of the county of Cook outside the city of Chicago as like officials in the rest 
 of the state. The salaries of such justices of the peace and constables shall 
 be fixed by the county board and paid by the county. 
 
 Section 118. The offices of justice of the peace and constable or either 
 of them may be abolished or restored in any towm or district (or in any 
 towm or portion of a towm in the county of Cook or in that part of the 
 county of Cook outside the city of Chicago as a whole) by a majority vote 
 of the electors thereof voting on the question as provided by law'. 
 
 state’s attorneys. 
 
 Section 119. There shall be a state’s attorney elected in each county in 
 nineteen hundred twenty-four and every four years thereafter for a term 
 of four years from the first Monday of December next after his election. At 
 the time of his election or appointment he must be licensed to practice law 
 in this sttae. 
 
 GENERAL PROVISIONS. 
 
 Section 120. Law's relating to courts having the same jurisdiction and 
 to*the force and effect of the process, judgments and decrees of such courts 
 severally shall be uniform. 
 
 Section 121. The general assembly, upon due notice and opportunity 
 for defense and for cause entered upon the journal of each house, may 
 
CONSTITUTIONAL CONVENTION. 
 
 799 
 
 1922 .] ——-- 
 
 remove any justice or judge upon concurrence in each house of three-fourths 
 of its elected members. All other officers mentioned in this aiticle shall 
 be removed from office on conviction for misdemeanor in office. 
 
 Section 122. Provision may he made by rule of the supreme court for 
 the bringing of actions or proceedings in which a merely declaratory judg¬ 
 ment or decree or order is sought and for authorizing the couit to make a 
 binding declaration of right whether or not any consequential relief ma> 
 be claimed. 
 
 Section 123. Process shall run: In the name of the People ot the 
 State of Illinois. Prosecutions shall be carried on: In the name and by the 
 authority of the People of the State of Illinois; and shall conclude. Against 
 the peace and dignity of the People of the State of Illinois. 
 
 Section 124. Justices of the supreme court and judges of the appellate 
 and circuit courts shall be at least thirty-five years of age and for at least 
 ten years shall have been licensed to practice law in this state and for such 
 time in this state shall have been engaged in the practice of law or acted 
 as judicial officers or both. Judges of the county courts shall be at least 
 thirty years of age and for at least five years shall have been licensed and 
 had like experience. 
 
 Section 125. Judicial officers shall be commissioned by the governor 
 and the appointing power to fill vacancies in elective judicial offices shall 
 be vested in him except as otherwise provided herein. 
 
 Section 126. The officers of the judicial department shall reside in the 
 district, circuit or county for which they are respectively elected or ap¬ 
 pointed. 
 
 Section 127. Justices of the supreme court and judges of the appellate, 
 circuit and county courts shall be paid salaries by the state which shall be 
 uniform for the several courts except county courts. In the county of Cook 
 judges of the appellate and circuit courts shall each receive the salary paid 
 such judges respectively in the rest of the state and such further compensa¬ 
 tion from the county of Cook as provided by law. 
 
 Section 128. No justice of the supreme court or judge of any court of 
 record so long as he holds such office shall receive any compensation, per¬ 
 quisite or benefit other than his salary or engage in the practice of law. 
 
 Section 129. Whenever the supreme or appellate court districts are 
 changed they shall be formed of contiguous counties as compact in form 
 and as nearly equal in population as may be. No such change shall affect 
 the term of any justice or judge. 
 
 Section 130. The supreme court may temporarily assign judges of the 
 appellate courts from one district to another and judges of the circuit courts 
 from one circuit to another. 
 
 Section 131. If a judge of any circuit or county court is appointed 
 judge of an appellate court, the vacancy so caused in the circuit or county 
 court shall be filled by appointment by the supreme court. The judge so 
 appointed to the circuit or county court shall serve until his successor is 
 elected and qualified. 
 
 ARTICLE VI. 
 
 Suffrage and Elections. 
 
 Section 132. Excepting only idiots and persons adjudged insane or con¬ 
 victed of infamous crime and not restored to civil rights, every citizen of 
 the United States above the age of twenty-one years who has resided in the 
 state one year and (unless naturalized because of military or naval service) 
 in the United States five years, shall be a qualified elector. He may vote 
 only in the election district and county in which he has resided thirty and 
 ninety days respectively next before such election. 
 
 Section 133. No person shall be deemed to have lost his voting resi¬ 
 dence because of absence in the service of the state or the United States 
 or to have gained a voting residence because he has been stationed as a 
 soldier, seaman or marine in this state. 
 
 Section 134. Votes shall be by ballot. 
 
800 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 Section 135. Except for treason, felony or breach of the peace electors 
 «hall be privileged from arrest during attendance at and in going to and 
 returning from elections. Militia duty shall not be required of electors on 
 election days except in time of war or public danger. . 
 
 Section 136. In that part of the state outside the county of Cook no 
 final election of officers shall be held save on the first Tuesday after the first 
 Monday of November which shall be a holiday; but after the first day o 
 Januarv, nineteen hundred twenty-seven, the general assembly by a vote of 
 Uwo-thirds of the members elected to each house may provide for the election 
 
 of officers at other times. 11Q 
 
 Section 137. Every vacancy in an elective office which would continue 
 
 a year or more beyond the first regular election occurring after ninety days 
 shall be filled at such election; but such vacancy prior to the qualification 
 of the person elected and all other vacancies may be filled by appointment. 
 
 Section 138. This article shall apply to all elections under this consti¬ 
 tution or other law. 
 
 ARTICLE VII. 
 
 Revenue and Finance. 
 
 revenue. 
 
 Section 139. The power of taxation shall never be surrendered, sus¬ 
 pended or contracted aw r ay. All taxes shall be levied and collected only 
 under general law and for public purposes. Taxes levied for state purposes 
 shall never be released, discharged or commuted. The specification herein 
 of objects and subjects of taxation shall not deprive the general assembly 
 of the power to require other objects or subjects to be taxed in such manner 
 as may be consistent with the principles of taxation fixed in this constitu- 
 
 1011 Section 140. Taxes may be imposed on privileges, franchises and occu¬ 
 
 pations, uniform as to class. . 
 
 Section 141. The general assembly shall provide for the levying of taxes 
 
 upon property by valuation so that every person or corporation shall pay a 
 tax in proportion to the value of his or its property, such value to be ascer¬ 
 tained by some person or persons to be elected or appointed in such manner 
 as the general assembly shall direct and not otherwise. 
 
 Section 142. In lieu of any tax on intangible property or any kind or 
 class thereof, by valuation, the general assembly may provide a unnorm and 
 
 substantial tax on the income derived therefrom. . 
 
 Section 143. A general income tax may be imposed upon all net in¬ 
 comes. If such income tax is graduated and progressive the highest rate 
 
 shall not exceed three times the lowest rate. . . 
 
 Section 144. Taxes on incomes shall be levied and collected onl> tne 
 state. The revenue raised under the general income tax shall be apportion^ 
 to the state and to the taxing bodies as the general assembly may prescribe. 
 Of the revenue raised tinder any income tax imposed under section one 
 hundred forty-two of this constitution there shall be used for state purposes 
 the same percentage as is used from the total revenue from taxes by valu¬ 
 ation and the residue shall be returned to the respective counties from which 
 it was collected to be distributed among the taxing bodies thereof as pro- 
 
 Kl< Sectkm Exemptions and deductions may be allowed as follows and 
 
 n0t First W th! : following classes of property and the income therefrom may 
 be relieved by general law from taxation; (1) public property; (2) house¬ 
 hold furniture used as such up to five hundred dollars in value, (3) pa 
 sonLes owned and used as such; (4) property used exclusively for a 
 agricultural or horticultural societies not organized for pecuniary profit,(b) 
 incorporated societies of war veterans, <c) cemeteries not held for private 
 profit and (d) school, charitable or religious puiposes. 
 
1922 ,] 
 
 CONSTITUTIONAL CONVENTION. 
 
 801 
 
 Second, if a general income tax *‘“Jgf^Ir^Shly’mayTovMe 
 
 hundred fortydhree of tos consUtutmn ^XTe and 'mplements of agri- 
 
 for; (1) an exemption of all ^us®Loia iurniiu an exempt ion 
 
 culture or labor used as such with f t t0 exceed one thousand 
 
 from income derived from personal hundred dollars for each aependent 
 dollars to the head of a family plus exceed five hundred dollars 
 
 child under the age of sixteen years and for taxes paid 
 
 to any other person;; (8) snchRuctions .u ^co » Ior income tax paid 
 
 £ ru Pe of ty a Y^hy h v C aLa«on a or ed for C ta m xes paid under section one hundred 
 
 f0rty Se 0 cUo h nh C 4 0 6 nSt Area 0 s n devoted.to forests or forest culture may be classi- 
 
 fied for or exempted from taxation. liability whatever of the Illinois 
 
 Section 147 No contract, The state treasury, nor 
 
 Central Railroad Company to P . Y property of, that company, in 
 
 any lien of the state upon, or g cbar ter of that company, approved 
 accordance with the provisions hundred fifty-one, shall ever 
 
 February tenth, in the year one thousand fiundre^c ^ manne r di _ 
 
 be released, suspended, modified, alt » authority and all moneys 
 
 minished or impaired by pay ment of the state debt shall be 
 
 d ^ V opriate”and at setTp P art y for the payment rftte ordinary expenses of the 
 
 ^^Sectiori 1 !^^ The ^®^ 1 ®^l°^ s ^ 1 ^^^ > ) ^^.^ r ^igtri^s C< jcdnt^ e or , sever£Ul3^ 
 ^i^«=^ents by special assessment, hy special 
 
 taxation of contiguous property or otherwise veste d of title for default 
 
 Section 149. No owner of Assessments except upon sale hy 
 
 in payment of S eneral or U B forfeiture to the state and in either case only 
 the county treasurer or by forfeiture t provided by law. 
 
 after judgment of a court of ref^Cwedto redeem from such sale or for- 
 Not less than two years shall be a ' 10 4 A that the holder of a tax title 
 feiture. The genera anemMy^y Provule^that q{ ^ tQ fte land 
 
 based on any tax sale hereafter made ^ th0 sale was made and pro- 
 «ed T/e^uity to^oreclose such lien with additional penalties as provided 
 
 ” y 'slction 150. The general ^“article) al \n n °munici ? p S al ‘corporaTions' for 
 come taxes as authorized m t t ^ &te aut horities thereof with 
 
 corporate purposes but m corporate purposes and shall 
 
 authority to assess and collect taxes f municipa i corpora- 
 
 require that all the taxable property ^f^ n b ^ e co Xac t ed under authority of 
 tions shall be taxed for the Taxeg imposed by 
 
 !aw. Private property shall not be UaMe for and property, 
 
 municipal corporations shall be umtorm as to i 
 
 finance. . , 
 
 Section 151. All taxes levied for state purposes shall be paid into 
 
 state treasury. mnl1 . v belonging to or for the use of the 
 
 Section 152. No payment of money bel<W _S execu tive department 
 state shall be held to be made to any officer o the 
 
 until evidenced by the receipt of the statte treiasu ■ a ropr j at ions for the 
 
 Section 153. Each general assembly shall maKe app^i ^ ^ flay q£ 
 
 expenses of the government tor ^es"° After such appropriations have been 
 made^he^aggregaVe ^ ^ “ 
 
 tW0 ^tp^ h HaUrfor tfs’ c‘h tf periot. end with the 
 
 period except that obligations incurred dining the pei 
 within three months thereafter. 
 
 — iil C J 
 
802 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 Section 154. No money shall be drawn from the state treasurv excenf 
 under an appropriation made by law and on presentation of a warrant issued 
 by the auditor of public accounts. S ecL 
 
 aofir> eCti0n 155 ' The State may contract debts (a) for meeting casual 
 deficits in revenue up to one million dollars, (b) for defense in war sup¬ 
 pressing insurrection or repelling invasion, (c) for the deep waterwky as 
 provided m this constitution. 
 
 Money so borrowed shall be applied only to the purpose for which it is 
 obtained or for the payment of the debts thus created. 
 
 No other debt shall be contracted by the state unless the law authorizing 
 it is approved by a majority of those voting for representatives at a general 
 election. The general assembly shall provide for the publication of anv 
 sucii lav tor at least three months before the election. Provision shall be 
 made when the debt is contracted for the annual payment of interest either 
 a tax to be levied tor the purpose or by setting aside other revenues. Anv 
 lav providing for such tax shall be submitted in like manner with the law 
 authorizing the debt and if approved shall be irrepealable 
 
 Section 156. No county, town or school district shall become indebted 
 m t ie aggiegate including its existing debt to an amount exceeding five per 
 i mit and no municipal corporation tc an amount exceeding six per cent of 
 the value of the taxable property therein as ascertained by the last assess¬ 
 ment for state and county taxes previous to incurring the debt The cor¬ 
 porate body incurring any such debt before or at the time of doing so shall 
 Pro' lde for the collection of a direct annual tax sufficient to pay the interest 
 on the debt and to pay the principal thereof in substantially ‘equal annual 
 installments within twenty years. But provision may be made before or at 
 the time of incurring the debt for the payment of any part of it before 
 maturity. This section shall not apply to or within the county of Cook. 
 
 Section 157. Except as otherwise provided in this constitution’ the 
 money or credit of the state shall never be used in aid of anv public or 
 private corporation, association or person. 
 
 Section 158. Claims against the state under agreements made without 
 express authority cf law shall be void except claims for expense incurred for 
 defense in war, suppressing insurrection or repelling invasion. 
 
 Section 159. Except in payment of temporary rent, of temporary hos¬ 
 pital service, of purchase price or (in the event and only in the event that 
 public institutions or agencies are not adequate or available) of not to 
 exceed the cost of temporarily maintaining and supporting during their 
 terms of commitment, neglected, defective, dependent or delinquent persons 
 committed by courts of competent jurisdiction to institutions or agencies 
 under public inspection, no public money shall.be paid or other public 
 
 property be gi\en or applied for any sectarian purpose or to anv institution 
 controlled by a church or s£c-t. 
 
 ARTICLE VIII. 
 
 Local Governments, 
 counties. 
 
 Section 160. In each county the following county officers shall be 
 elected, a sheiiff, a county clerk, a treasurer who shall be ex officio collector 
 o^ taxes until otherwise provided by law, a coroner, a clerk of the circuit 
 
 com t and, in counties of sixty thousand population or more, a recorder of 
 deeds. 
 
 Section 161. In each county there may be a county superintendent of 
 schools v hose qualifications, time and manner of election or appointment, 
 terrn^ of office, powers, duties and compensation shall be prescribed by law. 
 
 Section 162. The sheriff, the county clerk and the treasurer shall be 
 elected in nineteen hundred twenty-six and every four years thereafter and 
 the coioner, the clerk of the circuit court and the recorder of deeds in nine¬ 
 teen hundred twenty-four and every four years thereafter, each for a term 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 803 
 
 of four years. In counties not under township organization a commissionei 
 shall be elected in nineteen hundred twenty-three and each year thereafter 
 for a term of three years. The term of every elective county officer shall 
 begin on the first Monday of December next after his election. 
 
 Section 163. The board of supervisors in counties under township or¬ 
 ganization, the county commissioners of the county of Cook and the county 
 commissioners in counties not under township organization shall constitute 
 
 the county board of their respective counties. 
 
 Section 164. No elected county treasurer shall succeed himself. 
 
 Section 165. Fees of county and town officers, as provided by law, shall 
 be uniform as to classes of counties or towns and for this purpose theie 
 shall not be more than three classes of counties. 
 
 Section 166. The organization and government of and offices m counties 
 as provided in this constitution may be changed by law uniform as to classes 
 of counties; but any such law shall become effective in a county only after 
 approval by a majority of* those voting on the question. 
 
 Section 167. No county may abandon or adopt any form of organization 
 unless a majority of those voting on the question shall approve the change. 
 
 Section 168. No county shall be changed in area unless the change is 
 approved by a majority of those voting on the question in each county and 
 each part affected. Any territory taken from a county shall be liable tor its 
 
 proportion of the debt of such county. » 
 
 Section 169. No county seat shall be removed unless three-fourths of 
 those voting on the question shall approve the removal to the place desig¬ 
 nated except that a majority only shall be required to remove a county seat 
 nearer to the center of the county. No person shall vote on the question 
 unless he has resided in the election precinct ninety days and in the county 
 six months next preceding the election. Such question shall not be sub¬ 
 mitted oftener than once in ten years. 
 
 COUNTIES OTHER THAN THE COUNTY OF COOK. 
 
 Section 170. There shall be an assessor in each county to be selected 
 as provided by law. The county clerk shall be ex officio clerk of the county 
 court. In counties of less than sixty thousand population the clerk of the 
 circuit court shall be ex officio recorder of deeds. In counties of fifty thou¬ 
 sand population or more an auditor may be selected as provided by law. 
 
 Section 171 The compensation of all county officers (except the county 
 superintendent of schools) and the number and compensation of their em¬ 
 ployees shall be fixed by the county board and paid by the county treasurei 
 
 on the order of the county board. . 
 
 Section 172. No county shall be so created or reduced as to contain less 
 
 than four hundred square miles nor shall any part of a county within ten 
 
 miles of its seat be taken for a new county. 
 
 Section 173. Unless authorized by a majority of those voting at an 
 election no county shall levy taxes in excess of three-fourths of one per 
 cent of valuation. But in case a county is made the unit for the levy and 
 collection of taxes for road and bridge purposes an additional amount not 
 exceeding three-fourths of one per cent of valuation for such purposes may 
 be levied which may be increased when authorized by a majority ot those 
 
 voting at an election. , ^ f 
 
 This and the three preceding sections shall not apply to the county ot 
 
 Cook. 
 
 COUNTY OF COOK. 
 
 Section 174. The county business of the county of Cook shall be trans¬ 
 acted by a board of fifteen commissioners ten of whom shall be elected from 
 the city of Chicago and five from the rest of the county. 
 
 Section 175. Each county officer in the county of Cook shall receive as 
 his sole compensation a salary to be fixed by law. Such salary shall be less 
 than the compensation of a judge of the circuit court of the county. T e 
 circuit court by rule entered of record shall determine the number and the 
 county board shall determine the compensation of deputies and assistants of 
 
804 
 
 JOURNAL OF THE 
 
 [June 27 ? 
 
 clerT Sheriff ’ treasUrer ’ coroner > recorder of deeds and clerk of the circuit 
 
 . Section 176. . The general assembly may consolidate with the city of 
 Chicago the portion of the county of Cook lying within the city. Any law 
 providing therefor shall adjust the powers, offices, rights and liabilities of 
 the county (both in the portion within the city and in the portion outside 
 the city) and may. either devolve them in whole or in part upon the city 
 or provide otherwise for their exercise and assumption. Whenever the 
 entire powers of any office are taken away the office shall be abolished. No 
 such law shall take effect until approved both in the city of Chicago and in 
 the portion of the county lying outside the city by a majority of those voting 
 on the question. & 
 
 Section 177. Unless authorized by a majority of those voting on the 
 question at an election the county of Cook shall never levy taxes in excess 
 of three-fourths of one per cent of valuation except such additional taxes as 
 may have been authorized prior to the adoption of this constitution. 
 
 CITY OF CHICAGO. 
 
 Section 178. Except as expressly prohibited by law the city of Chicago 
 is hereby declared to possess for all municipal purposes full and complete 
 power of local self-government and corporate action. This grant of power 
 shall be liberally construed and no power of local self-government or cor¬ 
 porate action shall be denied the city by reason of not being specified herein. 
 The city however may impose taxes and borrow money only as authorized 
 by law. 
 
 Until otherwise provided by the city charter the powers heretofore 
 granted the city shall be preserved and exercised in accordance with law 
 and the additional powers granted by this section shall be exercised by or 
 in accordance with city ordinances. 
 
 Section 179. The legislative authority of the city of Chicago from time 
 to time and after approval of the proposition at an election in such manner 
 as it may provide, may call an elective convention to frame a new city 
 charter or to revise or amend any existing charter. The proposals of any 
 such convention shall be substituted to the voters for adoption in the 
 manner provided by it. Subsequent amendments may also be proposed and 
 submitted to the voters in such manner as the charter may provide. State 
 election laws and the powers and duties existing thereunder shall be avail¬ 
 able for the purposes of this section. 
 
 The charter so framed, revised or amended and ordinances passed there¬ 
 under shall prevail over state laws so far as the organization of the city 
 government, the distribution of powers among its official agencies and the 
 tenure and compensation of its officers and employees are concerned. 
 
 Rates of compensation as well as conditions of appointment and pro¬ 
 motion in the classified civil service of the city shall be determined accord¬ 
 ing to a general plan which shall recognize merit and fitness as controlling 
 principles. 
 
 A certified copy of such charter or any amendment thereto shall be filed 
 with the secretary of state w'ithin thirty days after its adoption. 
 
 Section 180. The city olf Chicago shall have power to take or damage 
 private property (including public utilities and the privileges or licenses 
 held in connection therewith) for public use in accordance with law. 
 
 Section 181. The city of Chicago, subject to regulation by general law 
 may own, require, construct, operate, sell, pledge, lease or let public utilities 
 or buy or sell the service thereof. 
 
 Section 182. The general assembly may enact local or special Haws 
 relating to the municipal affairs of the city of Chicago but such laws shall 
 not take effect until the city consents. A law which at the time of its 
 enactment is applicable to the municipal affairs of no other city than the 
 city of Chicago shall be deemed a local or special law. 
 
 Section 183. The consent of the city of Chicago whenever required 
 by this article shall be expressed by ordinance but the general assembly, the 
 city charter or the ordinance may prescribe in addition approval of’ the 
 ordinance by the voters. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 805 
 
 Section 184. The consent of the city of Chicago shall be required for 
 the creation, enlargement or consolidation of any municipal corporation 
 (except a county) exercising taxing powers within the city or for any 
 increase of the taxing powers of any such municipal corporation hereafter 
 created or enlarged. No ordinance expressing consent to the creation, 
 enlargement or consolidation of any municipal corporation shall take effect 
 until ninety days after its enactment and if within that time either five 
 thousand voters or one-third of the legislative authority of the city petition 
 that body to submit the question at an election the ordinance shall not take 
 effect until approved by a majority of those voting on the question. 
 
 Section 185. The charter framed, revised or amended under section 
 one hundred seventy-nine of this constitution may provide: 
 
 (a) For the consolidation with the city of Chicago of any or all local 
 governments or other authorities (in whole or in part) now or hereafter 
 exercising powers confined to the city limits; and also of that part of any 
 town (partly within and partly without the city) now or hereafter lying 
 w’ithin the city limits. After consolidation with the city of any town (or 
 part thereof) the powers of all officers therein relating to collection of taxes 
 shall be exercised by the county treasurer until otherwise provided by law. 
 
 (b) For the consolidation with the city of Chicago of the Sanitary. 
 District of Chicago and the Forest Preserve District of Cook County, or 
 either of them. No consolidation of either of such districts shall take effect 
 until approved at an election by a majority of those voting on the question 
 both in the district and in the city. The question of consolidation of either 
 district shall be submitted to the voters thereof as a separate proposition 
 and the election officials responsible for conducting elections therein shall 
 submit the question in the manner provided by the charter. The city shall 
 exercise no taxing power outside its limits by virtue of consolidating either 
 district. Upon consolidation of the Sanitary District of Chicago with the 
 city of Chicago and until otherwise provided by law, the city shall furnish 
 without charge sewage disposal service beyond its limits in the district, 
 to the extent then furnished by the district; and the city may be required 
 by law to furnish at cost additional or increased sewage disposal service in 
 such territory. All duties or obligations imposed by law' at the time of such 
 consolidation for the benefit of the inhabitants of such territory or any 
 part thereof upon the city or the Sanitary District of Chicago with respect 
 to other forms of service shall be assumed by the city unless it is relieved 
 therefrom by the general assembly. 
 
 Any authority consolidated with the city of Chicago under this section 
 shall be abolished and the city shall succeed to all the powers, property and 
 liabilities thereof. If any consolidation proposed under this section fails 
 to be approved at any election, the question may be resubmitted from time 
 to time in the manner provided by the charter. 
 
 Section 186. After any consolidation authorized by the foregoing sec¬ 
 tion has taken effect and until a new tax rate is fixed by law, the city of 
 Chicago may levy an additional annual tax equal to the amount of taxes 
 caused to be extended by the authority so consolidated upon the collector’s 
 warrants in the year last preceding consolidation. 
 
 Section 187. The rights of the city of Chicago under the Act for the 
 Consolidation of Local Governments, approved June twenty-ninth, nineteen 
 hundred fifteen or any amendment thereof are not affected by this article. 
 
 Section 188. The general assembly may provide other methods for con¬ 
 solidating local authorities with the city of Chicago subject to its consent. 
 
 Section 189. After any consolidation authorized by this article has 
 taken effect the city of Chicago may become indebted in the aggregate up 
 to seven per cent of the full value of the taxable real property therein as 
 ascertained by the by the last assessment for state and county taxes pre¬ 
 vious to incurring the debt. In computing such aggregate amount there 
 shall be included the existing indebtedness of the city and of all municipal 
 corporations within the city and also the city’s proportionate share (de¬ 
 termined according to valuation of taxable real property) of the existing 
 
806 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 indebtedness of all municipal corporations partly within and partly without 
 the city. 
 
 Section 190. Neither the county of Cook nor any city, town, school 
 distiict oi other municipal corporation in the county shall become indebted 
 in the aggiegate including its existing debt to an amount exceeding seven 
 per cent of the value of the taxable real property therein as ascertained by 
 the last assessment for state and county taxes previous to incurring the 
 debt. The corporate body incurring any such debt, before or at the time of 
 so doing, shall provide for the collection of a direct annual tax sufficient 
 to pay the interest on the debt and to pay the principal thereof in equal 
 annual installments Within twenty years. But provision may be made 
 
 at the time of incurring the debt for the payment of any part of it before 
 maturity. 
 
 Section 191. The city of Chicago shall incur no new bonded indebted¬ 
 ness (except for refunding purposes) without the approval at an election 
 of a majority of those voting on the question. 
 
 ,u.i.j!i U0U - 192 ' Tl1 .® ci , l \ of Chicago may issue bonds (in addition to any 
 
 debt otherwise permitted by this constitution) for the purpose of acquiring 
 leasing, constructing or operating income-producing property for supplying 
 transportation or water.- At or before the time of issuing any such bond? 
 the city Shan provide for the collection of a direct annua? tax sufficient to 
 pay the interest thereon and the principal thereof within forty years Unless 
 fnr e fin« Se - Pr0Vlded l \ the ordinance authorizing the issuance‘of any bonds 
 SAn h Ung an 7 SU Jr h lr ;come-producing public utility, such bonds shall be 
 be d t0 be issued under the foregoing provisions of this section. 
 
 T 1€ ! ® lty having issued bonds under the provisions of this section there- 
 a ter, at least four months before any tax for the payment of the princinal 
 and interest of any such bonds or for the payment of the principal and 
 interest of any other indebtedness incurred for financing the samp utility 
 becomes collectible by law, shall deposit with the city treasurer out of the 
 gross earnings or the rentals of the utility for financing which ’the debt to 
 be discharged by any such tax was incurred, a sum equal in amount to such 
 tax. The money so deposited shall be used only to pay such principal and 
 interest. To the extent that such funds are deposited prior to the collection 
 of any such tax it shall not be collected. 
 
 tw T he city iss ” ed bond * under the provisions of this section shall 
 
 thereafter establish and maintain such rates or charges for the service 
 supplied or such rentals if the property is let for private operation as may 
 be necessary to provide at least sufficient revenue to pay (a) the principal 
 and interest of all outstanding bonded or other indebtedness incurred for 
 financing such utility and (b) the cost or expense involved in or incidental 
 to the ownership, operation or maintenance of such utility, including taxes 
 assessments and reserves for repairs and renewals necessary to maintain 
 the property in first-class condition. 
 
 Any taxpayer of the city shall have the right, which shall not be ex¬ 
 clusive in him, to enfoice the provisions of this section by appropriate pro¬ 
 ceedings in the circuit court of the county. That court* shall enforce the 
 pi ovisions of this section and for such purpose shall have all necessary pow¬ 
 ers including the power to regulate the service supplied by any such utility. 
 
 Section 193. Each issue of bonds or other securities by the city for 
 financing any income-producing public utility shall be payable in substanti¬ 
 ally equal annual installments of principal and interest combined, beginning 
 not more than five years from the date thereof. But provisions may be 
 made at the time of incurring the debt for the payment of any part of it 
 before maturity. No such bonds or other securities shall be issued without 
 the approval at an election of a majority of those voting on the question. 
 The city of Chicago if it owns or operates any such public utility shall con¬ 
 form to the same requirements for keeping accounts and for the audit 
 thereof and for making reports as are prescribed by law for a like utility 
 privately owned. 
 
 If the city of Chicago constructs or acquires a subway or other property 
 for transportation purposes, it may let the property to an operating company 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 80 ? 
 
 but only for such period of time as may be approved at an election in the 
 city by a majority of those voting on the question. 
 
 Publicly owned income-producing property of the city of Chicago (or 
 of any local government or authority exercising powers within the limits 
 of the city) used for supplying transportation shall be taxed in the same 
 manner as privately owned property used for a like purpose, notwithstand¬ 
 ing any other provision in this constitution. 
 
 Laws may be passed in aid of this and the preceding section. 
 
 ARTICLE IX. 
 
 Public Servants. 
 
 Section 194. 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 accom¬ 
 plished. 
 
 Section 195. To hold any public office a person shall be a citizen of the 
 United States, resident in this state one year and able to read and write 
 the English language. 
 
 Section 196. No person shall hold any public office who has been con¬ 
 victed of an infamous crime or is in default as collector or holder of public 
 money or if he holds any office under the United States (except as a post¬ 
 master whose annual compensation does not exceed three hundred dollars) 
 or under a foreign government. 
 
 Section 197. All civil officers except members of the general assembly 
 and such inferior officers as may be exempted by law, before they enter upon 
 the duties of their respective offices shall take and subscribe the following 
 oath or affirmation: 
 
 I do solemnly swear (or affirm) that I will support the constitution of 
 the United States and the constitution of the State of Illinois and that I will 
 
 faithfully discharge the duties of the office of. 
 
 to the best of my ability. 
 
 No other oath, declaration or test shall be required as a qualification. 
 
 Section 198. All public officers shall hold office until their successors 
 have qualified. 
 
 Section 199. No public officer shall have his term extended by law after 
 his election or appointment. 
 
 Section 200. No legislative, executive or judicial officer and no officer 
 of any county shall receive to his own use any fees, fines, costs, perquisites, 
 percentages, interest, benefits, emoluments or allowances. 
 
 Section 201. No public officer shall have his compensation increased or 
 diminished during his term. 
 
 Section 202. No extra compensation or allowance shall be given by law 
 to any public officer, employee or contractor after service has been rendered 
 or contract made. 
 
 Section 203. Every public officer shall make a report under oath at least 
 semiannually to some official to be designated by law of all fines, fees, costs, 
 perquisites of office or public moneys collected. Every such officer shall pay 
 at least monthly to some official designated by law all public moneys and 
 interest thereon received by or for him. 
 
 Section 204. No officer of this state shall be beneficially interested 
 directly or indirectly in any contract with the state. 
 
 No officer of any subdivision of the state or of any municipal corporation 
 or of any board or commission shall be beneficially interested directly or 
 indirectly in any contract with the particular body of which he is an officer. 
 
 Section 205. No statute of limitation shall begin to run in favor of a 
 public officer until an audit of his accounts has been made as provided by 
 law. 
 
 Section 206. Any public officer or employee or his beneficiary may be 
 given by law a vested interest in the accumulated portion of any death. 
 
SOS 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 disability or retirement fund to which he is required by law to contribute 
 a part of his compensation; but such interest shall attach only to the fund 
 accumulated and shall impose no obligation on the state to create or main¬ 
 tain such fund. 
 
 Section 207. All laws of the State of Illinois and all official writings 
 and legislative, executive and judicial proceedings shall be conducted, pre¬ 
 served and published in no other than the English language; but this shall 
 not prevent the use of abbreviations in the files and records of judicial pro¬ 
 ceedings. 
 
 ARTICLE X. 
 
 Eductaion. 
 
 Section 208. The general assembly shall provide a thorough and effici¬ 
 ent system of free schools whereby all children of this state may receive 
 a good common school education. 
 
 Section 209. The general assembly shall make adequate provisions for 
 the maintenance and development of the University of Illinois and the 
 system of state normal schools. 
 
 Section 210. Property received for public education and the proceeds 
 of such property shall not be diverted to another purpose except that by 
 consent of the school officers holding legal title special assessments may be 
 levied on school property. 
 
 Section 211. No school officer shall be financially interested in any con¬ 
 tract concerning any school with which he is connected or in any book, 
 apparatus or furniture used in such school. 
 
 ARTICLE XI. 
 
 Militia. 
 
 Section 212. The militia of the State of Illinois shall consist of all 
 able-bodied male persons resident in the state between the ages of eighteen 
 and forty-five, except such persons as now are or hereafter may be exempted 
 by the laws of the United States or of this State. No person, because of 
 conscientious scruples against bearing arms, shall be exempted by the laws 
 of this state from any military service declared by the governor to be non- 
 combatant. 
 
 Section 213. All militia officers shall be commissioned by the governor 
 and may hold their commissions for such time as the general assembly may 
 provide. 
 
 Section 214. Members of the organized militia in 'all cases except 
 treason, felony or breach of the peace shall be privileged from arrest dur¬ 
 ing their attendance at and in going to and returning from musters and 
 military elections. 
 
 Section 215. The military records, banners and relics of the state shall 
 be preserved as enduring memorials of the patriotism and valor of the men 
 of Illinois. 
 
 ARTICLE XII. 
 
 Warehouses and Common Carriers. 
 
 Section 216. Elevators and storehouses where property is stored for 
 compensation are public warehouses. 
 
 Section 217. The manager of every public warehouse in cities of over 
 one hundred thousand population, or such population as may be provided 
 by law, shall post conspicuously each week in the office of the warehouse a 
 sworn statement of the amount and grade of grain and alsp of the other 
 property stored therein and of the warehouse receipts outstanding and shall 
 file a copy of the statement in a place designated by law. Changes in 
 quantity and grade of grain stored shall be noted daily upon the statement 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 809 
 
 in the warehouse. Unless the owner or consignee consents different grades 
 of grain shipped in separate lots shall not be mixed. . 
 
 Section 218. The holder of a public warehouse receipt may always 
 examine the property and the warehouse records thereof. 
 
 Section 219. Railroads and other common carriers shall, at the. point 
 of shipment, weigh or measure and receipt for the full amount of grain ana 
 
 deliver it to the consignee or owner. . , 
 
 Section 220. Railroads shall deliver grain to any consignee who can 
 reached by an available track and shall permit connections so that any 
 nublic warehouse, coal bank or coal yard may be reached oy cars. 
 
 P Section 221. It shall be the duty of the general assembly .o pass all 
 necessary laws to prevent the issue of false and fraudulent warehouse r* 
 ceipts and give full effect to this article which shall be liberally construed 
 to' 1 protect producers and shippers. The enumeration of remedies herein 
 shall not be construed to deny to the general assembly the power to prescribe 
 by law such other remedies as may be found expedient or to deprive any 
 
 nprsnn of existing common law remedies. . ._ 
 
 Section 222. The general assembly shall pass laws for the inspection 
 of grain and for the protection of producers, shippers and receivers of grain 
 
 and le r c°tion e 223. Railroads are hereby declared public highways and shall 
 be free to all for the transportation of persons and property under such 
 regulations as may be prescribed by law. The general assembly shall from 
 time to time pass laws establishing reasonable maximum lates toi t . 
 
 traimnortation of passengers and freight thereon. , 
 
 Section 224. The general assembly shall pass laws to correct abuses 
 and prevent unjust discrimination and extortion in the rates of freight and 
 oas^enger tariffs on the different railroads in this state and enforce such 
 laws by adequate penalties to the extent if necessary of forfeitures of then 
 
 P1 OP Section 225. Nothing in the two preceding sections shall be construea 
 
 t0 “section 2 P 26 We The "shall "‘the fee of land taken for railroad 
 
 traCK Sec 1 t^ t n 0 22 t 7 hl R C oR I in e g nt sto C k and other movable property of common 
 carriers shall be subject to execution sale. 
 
 ARTICLE XIII. 
 
 CANALS AND WATERWAYS. 
 
 Section 228. In addition to the proceeds of the twenty million dollars of 
 bonds heretofore authorized for the deep waterway ten million dollars may 
 be expended therefor and all or part thereof secured by issuing bonds The 
 state shall make no other expenditure for any canal or waterway or appur¬ 
 tenance thereto except from the income thereof unless the expenditure 
 approved by a majority of all those voting at a geneial election. 
 
 Section 229. Except as provided in this article no waterway or canar 
 owned or improved by the state shall be sold or leased until the proposition 
 therefor is approved by a majority of those voting at a geneial election. 
 
 Section 230. The general assembly may authorize the lease of the 
 Illinois and Michigan Canal or any part thereof to provide terminals in con¬ 
 nection with the Illinois Waterway or other navigable channels. Such 
 terminals shall be for public use without discrimination. 
 
 Section 231. Leases of state canals and waterways and of state prop¬ 
 erty held in connection therewith including water power shall be subDect to 
 revaluation every twenty years. 
 
810 
 
 JOURNAL OF THE 
 
 [June 27 ? 
 
 ARTICLE XIV. 
 
 Amendments to the Constitution. 
 
 Section 232. Whenever two-thirds of the members of each house of the 
 general assembly by a vote entered upon the journals concur that a conven¬ 
 tion is necessary to revise, alter or amend the constitution, the question 
 shall be submitted to the electors at the next general election. If a majority 
 voting at the election vote for a convention, the general assembly at the 
 next session shall provide for a convention to consist of twice the number 
 of members of the senate to be elected in the same manner, at the same 
 places and in the same districts as senators, plus seven members to be 
 elected at large from the county of Cook. Tlfe general assembly in the act 
 calling the convention shall designate the day, hour and place of its meeting, 
 fix the pay of its members and officers and provide for their payment and 
 for the expenses necessarily incurred by the convention in the performance 
 of its duties. Before entering upon their duties the members shall take an 
 oath to support the constitution of the United States and the constitution of 
 Illinois and to discharge faithfully their duties as members of the conven¬ 
 tion. The qualifications of members shall be the same as those of senators 
 and vacancies shall be filled in the manner provided for filling vacancies in 
 the general assembly. The convention shall meet within three months after 
 the election and prepare such revision, alteration or amendments of the con¬ 
 stitution as it deems necessary. Such revision, alteration or amendments 
 shall be submitted to the electors for their ratification or rejection at an 
 election appointed by the convention for that purpose not less than two 
 months not more than six months after its adjournment. Unless so sub¬ 
 mitted and approved by a majority of those voting at the election no such 
 revision, alteration or amendment shall take effect. 
 
 Section 233. Amendments to the constitution may be proposed in either 
 house of the general assembly and if voted for by two-thirds of the members 
 elected to each house such proposed amendments together with the yeas 
 and nays of each house thereon shall be entered in full upon their respective 
 journals. Such amendments shall be submitted in the manner prescribed by 
 law to the electors for adoption or rejection at the next election for members 
 of the general assembly and shall be published in full at least three months 
 before the election. If electors equal in number to a majority of the votes 
 cast for members of the house of representatives vote for the proposed 
 amendments they shall become part of the constitution. The general assem¬ 
 bly shall not propose amendments to more than two articles of the constitu¬ 
 tion at the same session nor to the same section oftener than once in four 
 years. 
 
 SCHEDULE. 
 
 That no inconvenience may arise from the alterations and amendments 
 made to the constitution of this state and to carry them into effect it is 
 hereby ordained and declared: 
 
 Section 1. All laws in force at the adoption of this constitution not 
 inconsistent therewith and all rights, actions, prosecutions, claims and con¬ 
 tracts of this state or of individuals or of bodies corporate shall continue to 
 be as valid as if this constitution had not been adopted. 
 
 Section 2. All fines, taxes, penalties and forfeitures due this state 
 under the present constitution and laws shall inure to the people of this 
 state under this constitution. 
 
 Section 3. Recognizances, bonds, obligations and all other instruments 
 entered into before the adoption of this constitution to the people of this 
 state or to any subdivision thereof or to any municipal corporation or to any 
 public officer shall remain binding and valid. All crimes and misdemeanors 
 shall be tried and punished as if no change had been made in the constitu¬ 
 tion of this state. 
 
 Section 4. All persons now holding offices or appointments shall con¬ 
 tinue the exercise of the duties thereof according to their respective com- 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 811 
 
 missions or appointments unless otherwise directed by this constitution or 
 
 ° tlie Section 5. Except as otherwise provided in this constitution and subject 
 to such changes in their duties as are prescribed therein, all persons elected 
 to office at the election in November, nineteen hundred twenty-two, shal 
 continue to office during the terms for which they are respectively elected 
 Section 6. In order that elections may be held regularly in Novembei 
 
 it is hereby provided as follows: . _ 
 
 All officers elected to office prior to the election in November nineteen 
 
 hundred twenty-three, whose terms expire before that time shall hold office 
 until their terms expire as now provided by law and at the expiration 
 their respective terms their successors shall be elected at that time to ho c 
 office during the regular terms provided by law and until their successors 
 
 are elected at the next ensuing November election. . 
 
 All officers elected to office prior to the election m Novembei , n net 
 hundred twenty-three, whose terms expire after that date and who are 
 elected at other times than at the November election shall hold office tor 
 the terms for which they are elected and until, their successors are elect 
 at the next ensuing November election. 
 
 This section shall not apply to or w'ithin the county ot Cook. 
 
 Section 7 The first apportionment for senators after the adoption o 
 this—lion shall provide that three of the additlo nalisenate*aUbe 
 elected at the first election for terms of two years and the othei t 
 
 the daTtMs constSn is submitted to the people for 
 ratification an election shall be held for a justice of the supreme court in 
 the first judicial district designated by this constitution. Every person i 
 that judicial district who is entitled to vote for this constitution shall b 
 entitled to vote for such justice. The election shall otherwise be conducted, 
 returns made and certificate of election issued in accordance with existing 
 laws. If it appears upon the canvassing of the votes for and against this 
 constitution that this constitution is not adopted, then no certificate 
 election shall be issued for such justice. If he is elected and commissioned, 
 such justice shall hold office until the first Monday of June nineteen hun¬ 
 dred thirty-three. He shall not enter upon the discharge of his duties until 
 the first Monday of June, nineteen hundred twenty-four, unless Puerto t 
 time there is a vacancy in the supreme court from any district, in wine 
 case he shall fill such vacancy until the first Monday of June, nineteen hun- 
 
 dred When t fhe term of office of the justice residing in the second district 
 , ^cHtntion (elected from the sixth district under the constitu- 
 
 tTon 61 of"«en™rJd ^nty” expires on the first Monday of June, 
 nineteen hundred twenty-four, his office shall cease to exist. 
 
 Successors to the justices now in office shall be elected on the first 
 Monday of June in the years in which their respective terms expire. One 
 justice for the first district shall be elected for a term to expire on the 
 first Monday in June, nineteen hundred thirty-five; a-Justice! for the *uth 
 riicttript shall be elected for a term to expire on the first Tuesday alter me 
 first Monday in'November, nineteen hundred thirty-five; justices for the 
 fourth and sixth districts shall be elected for terms to expire on the first 
 Tuesday after the first Monday in November, nineteen hundred thirty-three 
 a justice for the third district shall be elected for a term to expiie on the 
 first Tuesday after the first Monday in November, nineteen hundred thirty- 
 seven* and a justice for the second district shall be elected ror a term to 
 expire on the first Tuesday after the first Monday of November, nineteen 
 hundred thirty-nine. After the expiration of their terms as fixed m this 
 schedule, the term of each justice shall be ten years from me day of hi 
 election. Thereafter the justices from the first district shall be. elected op 
 the first Monday of June in the years in which their terms expire and the 
 justices from the second, third, fourth, fifth and sixth districts shall be 
 elected on the first Tuesday after the first Monday in November in the years 
 in which their terms expire. 
 
812 
 
 JOURNAL OF THE 
 
 [June 21, 
 
 Section 9. The clerk of the supreme court and the clerks of the appel¬ 
 late courts in office at the time of the adoption of this constitution shall 
 continue to hold office during the terms for which they are respectively 
 elected. 
 
 Section 10. The judges of the circuit and superior courts or Cook 
 count} now seizing as judges of the appellate court of the first district and 
 its branches shall become judges of the appellate court of the first district 
 under this constitution to hold office until January first, nineteen hundred 
 twenty-nine. The judges of the appellate court of the second district the 
 appellate court of the third district and the appellate court of the fourth 
 district under this constitution shall be appointed by the supreme court 
 as soon as may be after the adoption of this constitution to hold office until 
 January first, nineteen hundred twenty-eight. 
 
 Section 11. Until otherwise provided by law judges of the annellafp 
 court of the first district shall each receive the same salary as is paid a 
 judge of the circuit court of Cook county and judges of the appellate courts 
 of the second, third and fourth districts shall each receive a salary of eight 
 housand five hundred dollars per annum. Such salaries shall be payable 
 
 alaHes S o7^ud, a e n s ne o r f Sa ? e ti “ e a " d fr0m the same -urce/asthe 
 
 salaries of Judges of the circuit courts within such districts respectively 
 
 tPo ^. cctl ?f 1 12 ' 9 n the seventh day of May, nineteen hundred twenty-three 
 
 th irc 2 1 J superior, criminal, county and probate courts of Cook countv' 
 
 the municipal court of Chicago and the city court of Chicago Heights shall’ 
 
 1 nsol “ in to one court to be known as the circutt court of Cook 
 
 abolisher d The er o e ffi?e°s n of 1 - 1 T 1 ? 8 eXCept that last menti oned shall be 
 
 shall thereupon bfabolished * ° f th6 Cit7 C ° Urt ° f Chicago Hei S Ws 
 
 Section 13. The judges of the circuit, superior, county and nrohafo 
 courts of Cook county and the chief justice of the municipal court of Chi" 
 cago in office on the seventh day of May, nineteen hundred twenty-three 
 . ^ cept Judges of the circuit and superior courts of Cook countv made 
 judges of the appellate court of the first district by the adontirm V>f 
 eonsutution whose offices as judges of the circuit and supeHo Courts o? 
 Cook county thereby cease to exist) shall be judges of the circuit emiS 
 Cook county as thus consolidated and shall continue to hnS nffil T - f 
 
 first Monday of June next fniinvr-* 3 elected or appointed and until the 
 offices as associate judges of that-oonrt re h P n Ct v, Vel V.’ their respective 
 
 elected to the office of iude:e of thp t S !j al be abolished - There shall be 
 of six years except as c ™it court of Cook county for terms 
 
 first Monday of June of year^followlng' 5 ® Speciflca11 " p ™ Tid <^ on the 
 judges whos^terms" expire “ jUdgeS 35 *o the 
 
 together with e“ght addmonaf^dgS; “ nlDeteen hundred 
 
 judges whose 6 terms "expire ^thUvJ 611 ’ - tW “ 3udges as successors to the 
 teen judges as successors" to thp p ^ nine ^ een hundred twenty-six, seven- 
 nineteen hundred twenty-seven! ' ^ W ° S6 terms expire ln the year 
 
 four ^years ; 6 ‘and '' Undred twenty ' seveQ ’ eigh t additional judges for terms of 
 
 whose' TTr™ hundred tw enty-nine, four judges as successors to the judges 
 . e teims expire in the year nineteen hundred twenty-eight ninp infjp-oo 
 as successors to the judges whose terms expire in the year nineteen hundred 
 
1922.] 
 
 CONSTITUTIONAL C0XVEXT10X. 
 
 813 
 
 offleelor'the \frTot tTrfyealf jUd?eS ' 0ne ot * ba “ aba ” hold 
 
 shall S Derfn^ 4 «n^ U ^— 1s ° c j ate J ud S e s of the circuit court of Cook county 
 •of cases whTh won uf h , dutles *!? may be assi S ned to them in the classes 
 of Cook bounty at tV uL ^ £ e J urisdicti ™ of the criminal court 
 
 the classy n fV,„. 0 ll a e f 1 ? e . of the aa option of this constitution and also in 
 
 within the jurisdiction^nf 11 ^ m tbe county of Cook which would have been 
 in thP t ! lsd J9 tlon of the municipal court of Chicago if they had arisen 
 
 their respective termT o^offip 40 the adoption of this constitution. During 
 the salariPQ 0t . office as such associate judges they shall receive 
 
 the countv of fnnk J 1 «f S ° £ 116 circu 't courts in each circuit (other than 
 shall continue to hold'offl^e 6 !!', • !]“ ° £ the adoption »f this constitution 
 
 ap “i are elected or 
 
 the Ume o( the adontiof of In® C ° UUty C ° Urt ° £ Cook c0 >“ty ia °® ce ab 
 during his term of office „r ,?n t n ?n C ' 0nSt Uti0n sha11 continue to exercise 
 and supervision over all matters nf^e'f Pr ° Vided by law the same control 
 general assemblv prior to3nlv fL/ • V° n as now Provided by law. The 
 virip on ‘u 11 °, 1 t ? nineteen hundred twentv-five shall nrn. 
 
 county office dr officers' 1 and supervlslon sha11 devolve upon some elective, 
 
 thre^thecounty'Mid^^obat d C our t s°^n^i C ch n,)er ’ nineteen hundred twenty- 
 of Cook) where both exist shall be cnncnra county (other than the county 
 as the county court consolidated into one court to be known 
 
 other than the county’'of(din ildffirp 11 ^ and p r oba t e courts (in counties 
 teen hundred twenty-three shall be inds-ee le ' third day of December, nine- 
 
 ^^cTmntiesdlivdng^^opulat/o^of^esdld 6 ^ “ d WWCh 
 
 Rpction iq tt— i - niiieieen nunared twenty-seven two countv indves 
 
 Decembe'dnineteen^imdred twenty-three 6 flxes the'sala^*" “l third day <* 
 TmlgeTl^the'comity 'court ^a dhus 0 cmnscditf , C0 , unt .^ S ^oohl^ whdare^ rnade 
 
 S=S V r=" ‘hfS 
 
 of more than fifteen thousand and ie«« in J counties having a population 
 sand dollars inclunUes^havinda nL , 1 £ ° rty . th0USand and to fiTC thou- 
 Each county shall continue To Lv ?h“ P j “U ° f , forty tbousa "d or more, 
 such salaries becomes payable on/nf .. P' 1 ; 55 ™ 1 salaries un til the whole of 
 
 consul 2 s°o fa? e as P Zey i0 a n ff S ec°t t t S he Cti0n , ° n6 T' m<Ired ‘W-elght of this 
 (outside of the county of Cookl slab C0U " ty and p ™hate courts 
 
 day of December, nineteen hundred tw^ty thr^ulle^bd " ntU , the third 
 provides that increased salaries be paid prior to Thit date 8 lera ' aSSemWy 
 
 the seventh Sy £ £S 3 
 
814 
 
 JOURNAL OF THE 
 
 [June 27 , 
 
 that court as consolidated by this schedule. The clerks of the superior, 
 criminal, county and probate courts of Cook county and the clerk of the 
 municipal court of Chicago on that date shall become associate clerks of the 
 circuit court of Cook county to hold office for the terms for whicn they are 
 respectively elected; and as near as may be they shall exercise the same- 
 powers (including those relating to the appointment and discharge of em¬ 
 ployees and to the collection and disbursement of moneys), perform the same 
 duties and receive the same salaries as on the seventh day of May, nineteen 
 hundred twenty-three. If a vacancy occurs in the office of clerk of the 
 circuit court of Cook county prior to the election in November, nineteen 
 hundred twenty-four, such vacancy shall be filled by a majority of the judges 
 and associate judges of the circuit court of Cook county by appointing one 
 of such associate clerks who shall hold office until the election in November, 
 nineteen hundred twenty-four. 
 
 Section 22. The circuit court of each county, is hereby continued and 
 on the first Monday of November, nineteen hundred twenty-seven, the circuit 
 and city courts in each county (other than the county of Cook) where both 
 courts exist shall be consolidated into one court to be knowrn as the circuit 
 court and thereupon the offices of judge and clerk of all such city courts 
 shall be abolished. 
 
 Section 23. The offices of justice of the peace and constable existing 
 at the time of the adoption of this constitution shall be abolished from and 
 after the election or appointment and qualification of justices of the peace 
 or constables in their respective districts, towns or portions of towns in ac¬ 
 cordance with the provisions of this constitution. 
 
 Section 24. The clerk of the county court of each county (other than 
 the county of Cook) in office on the third day of December, nineteen hundred 
 twenty-three, shall be clerk of the county court as consolidated by this 
 schedule and the clerk of the probate court of each county (other than the 
 county of Cook) having a probate clerk shall become the chief deputy county 
 clerk of such county court during the term for which he is elected and at 
 the salary received by him at the time of the adoption of this constitution; 
 and as near as may be he shall exercise the same powers (including those 
 relating to the appointment and discharge of employees and to the collection 
 and disbursement of moneys) and perform the same duties as on the third 
 day of December, nineteen hundred twenty-three. At the expiration of the 
 terms of office of the probate clerks in office on the third day of December, 
 nineteen hundred twenty-three, the office of probate clerk shall be abolished. 
 
 Section 25. The bailiff of the municipal court of Chicago in office on 
 the seventh day of May, nineteen hundred twenty-three shall become associ¬ 
 ate sheriff of the county of Cook and hold office during the term for which 
 he is elected. After the date last mentioned and during his term he shall 
 receive the same salary and have as near as may be the same powers, duties 
 and responsibilities as before that date, including the selection, appointment 
 and removal of his employees and the collection and disbursement of moneys. 
 
 Section 26. Each court into which by the provisions of this constitution 
 other courts are consolidated shall immediately upon such consolidation suc¬ 
 ceed to and assume jurisdiction of all causes, matters and proceedings then 
 pending in all courts of which it is the successor, with full power and 
 authority to dispose of them and to carry into execution or otherwise to 
 give effect to all orders, judgments and decrees theretofore entered by the 
 respective courts thus consolidated. 
 
 Section 27. From and after the first day of May, nineteen hundred 
 twenty-three, and until otherwise provided by law, all matters of fees and 
 costs connected with proceedings in the circuit court of Cook county shall 
 be regulated by rules to be adopted by the supreme court. 
 
 Section 28. All judicial circuits established by law at the adoption of 
 this constitution shall be preserved until changed by law. 
 
 Section 29. This constitution shall be submitted to the people of the 
 State of Illinois for adoption or rejection at an election to be held on Tues¬ 
 day the twelfth day of December, nineteen hundred twenty-two. The county 
 clerks of the respective counties of this state shall give notice between the 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 815 
 
 first and tenth days of November, nineteen hundred twenty-two in thp mar. 
 
 = ~ a sjaar-wsss-jS-ag 
 
 Section 30. Every person entitled to vote under the nrovimnna nf 
 
 r-jsrsos dbvS?: r 
 made err* ^ 
 
 ^i Q ^t SeCtl ^ n 31 ‘ .T he , offi ? ers now required by law in the case of general 
 elections to provide election supplies for each precinct or district shall nro 
 
 I! 1 ne 1 c U eslaryT 0 “rio 1 r^r ir h ed U J aW '° r conducting “l ^tfonj 
 
 for such election sheets ’ £orms of return - ballots and supplies 
 
 in the following Tom*? 1 ^ ‘° be USed SUCh eleCti ° n Sha11 be substantially 
 
 Proposed New Constitution Election Ballot. 
 
 SHALL THE PROPOSED NEW 
 CONSTITUTION BE ADOPTED 
 
 YES 
 
 
 NO 
 
 
 Section o3. The elector shall designate his vote by a cross mark thus' 
 X, to be placed m one of the squares on the right-hand margin of the ballbt’ 
 Section o 4. The ballots cast for and against this constitution shall be 
 received and canvassed by the judges and clerks of such elecUon and re! 
 turned as provided by law for general elections. 
 
 shalfb^m^^hv^t’ 111 ^ fift ! en dayS after such election > returns thereof 
 sha show faf th!!r era county clerks to the secretary of state which 
 shall show (a) the aggregate number of electors voting in each county 
 
 inri the a f^ regate number of votes cast for the adoption of this constitution 
 . d ,J f !. the ^Sgrcgate number of votes cast against the adoption of this 
 constitution. Such returns shall within ten days thereafter be examined and 
 
 andXludiin^, ° f Stat6 ’ the att0 ™^ geneTallThe staTtrefsurer 
 
 and ttu auditor of public accounts or any three of them in the presence of 
 
 the governor and proclamation shall be made by the governor forthwith of 
 
 or t r he U do°nt!o b : TtZT " 11 TT* that a ^orltyVfhTv otlfclfare 
 tor tii e adoption of the new constitution it shall be the supreme law of the 
 
 State of Illinois on and after twelve o’clock noon of Monday the fifteenth 
 
 d f y , 0t ’ h Janaary ’ nme ^een hundred twenty-three, and the existing constitution 
 shall thereupon cease in all its provisions. 
 
 Respectfully submitted, 
 
 Elam L. Clarke, 
 Chairman of the Committee. 
 
 generalorderC ° committee was orc lered printed and placed on the 
 
 Pending discussion, at the hour of 11:35 o’clock p. m., Mr. Hamill 
 moved that the Convention do now adjourn. 
 
 The motion was lost. • 
 
 And the Convention refused to adjourn. 
 
 oq Vll C ^ nvention proceeding upon the consideration of Report No 
 2o, of the Committee on Phraseology and Style, the point of order was 
 raised that the report of the committee had not yet been printed, where¬ 
 upon Mr Taff moved that the rules be suspended for the purpose of 
 
 immediately considering the report. 
 
816 
 
 JOURNAL OF THE 
 
 [June 27, 
 
 The question being on the motion to suspend the rules, a division 
 of the Convention was had, resulting as follows: Yeas, 11: nays, 44. 
 
 And the motion was lost. 
 
 Mr. Davis moved that when the Convention adjourns today it stand 
 adjourned until 9 :00 oTlock a. m., tomorrow. 
 
 And the motion prevailed. 
 
 Mr. Goodyear offered the following resolution and moved its adop¬ 
 tion : . ■ /A mm i 
 
 Resolution • No. 39. 
 
 Whereas, It has come to the knowledge of this Convention that Mrs. 
 Ida Moore Small, wife of the Honorable Len Small, Governor of Illinois, 
 died at her home in the City of Kankakee, on Monday, June twenty-sixth, 
 nineteen hundred twenty-two; therefore, be it 
 
 Reseolved, That this Convention express its sympathy to Governor Small 
 and his family and that the President of the Convention appoint a committee 
 of Delegates to represent this Convention at the funeral of Mrs. Small- and 
 be it further 
 
 Resolved, That this preamble and resolution be spread on the records of 
 the Convention; that a suitably engrossed copy thereof be forwarded to the 
 family, and as a further mark of respect and esteem that the Convention 
 do now- adjourn. 
 
 The resolution was unanimously adopted by a rising vote, and in 
 conformity thereto the President announced the appointment of the 
 following Delegates as the committee to attend the funeral: Messrs. 
 Goodyear, C. D. Cary, Fifer, Shanahan, O’Brien, Adamkiewicz, E. H. 
 Dupee, Sneed, Lindly, Barr, Carlstrom and Coollev. 
 
 And at the hour of 11:45 o’clock p. m., in accordance with the mo¬ 
 tion heretofore entered, the Convention stood adjourned until 9:00 
 o’clock a. m., tomorrow. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 817 
 
 WEDNESDAY, JUNE 28, 1922, 9:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was! offered by the Eev. W. H. Penliollegon, of the First 
 Presb} T terian Church, of Decatur. 
 
 The Journal of Thursday, June 22d, having been printed and 
 placed on the desks of the Delegates, as provided under the rules, was 
 taken up and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25th, the Secretary 
 called the roll of the Convention, which resulted as follows : Present, 59. 
 
 Those voting present are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Brenholt 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Corlett 
 
 Cruden 
 
 Cutting 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Fyke 
 
 Garrett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hogan 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 Meinert 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 O’Brien 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Smith 
 
 Sneed 
 Sutherland 
 Taff 
 Todd 
 Torrance 
 Trautmann 
 Wall 
 Warren 
 Whitman 
 Wilson 
 Mr. President 
 Present—59. 
 
 General Orders. 
 
 ^ onven ^ on proceeding on the General Orders, the President 
 called Mr. Clarke to the chair, who, in turn, called Mr. Pmaker to 
 the chair. 
 
 And at the hour of 9 :15 o’clock a. m., the Convention went into 
 Committee of the Whole, for the consideration of Peport No. 23 of 
 
 the Committee on Phraseology and Style, on the revised Constitution 
 as a unit. 
 
 . ^ ^ le k° ur 4:40 o’clock p. m., the Convention resumed its 
 session. 
 
 The President presiding. 
 
 Mr. Clarke, from the Committee of the Whole, haviifo* had under 
 consideration Peport No. 23, of the Committee on Phraseology and 
 
 Style, reported the same back together with the following amendments 
 thereto, to-wit: 
 
 No change. 
 
 PREAMBLE. 
 
 Article I. 
 
 RILL OF RIGHTS. 
 
 Section 8. Made a solid paragraph to read as follows: 
 
 * e‘ction . 8 No person shall be held to answer for a capital offense 
 unless on indictment of a grand jury. Offenses which may be punished 
 —52 C J 
 
818 
 
 JOURNAL OF THE 
 
 [June 28, 
 
 by imprisonment in the penitentiary may be prosecuted by indictment or 
 on information filed by the attorney general or by a state’s attorney. No 
 such information shall be filed by a state’s attorney except by leave granted, 
 either in term time or in vacation, by a judge of a court of record having' 
 jurisdiction of the offense, after a showing of probable cause. 411 other 
 offenses may be prosecuted as provided by law. This section shall not 
 &pplj to cases of impeachment, cases arising in the army and navy and in 
 the militia when in actual service in time of war or public danger* 
 
 No other change in the Bill of Rights. 
 
 Article II. 
 
 POWERS AND FORM OF GOVERNMENT. 
 
 No change. 
 
 Article III. 
 
 LEGISLATIVE DEPARTMENT. 
 
 Section 37. Made a single paragraph to read as follows: 
 
 Section 37. Appropriation bills to pay members, officers and employees 
 of the general assembly shall contain no provision on any other subject. 
 Appropriations for the offices of governor, lieutenant governor, secretary of 
 state, attorney general, treasurer, auditor of public accounts and superin¬ 
 tendent of public instruction shall be made by separate bills for each office. 
 
 Section 39. Made a single paragraph to read as follows: 
 
 Section 39. No subject matter shall be included in any conference 
 committee report on an appropriation bill unless such subject matter directly 
 relates to matters of difference between the houses and has been specifically 
 lefeiled to the conference committee. No report of any conference com¬ 
 mittee on an appropriation bill shall be considered and no appropriation 
 bill shall be voted on unless the report and the bill in its final form have 
 respectively been-printed and placed on the desks of the members at least 
 three legislative days before the report is considered or the bill is passed. 
 
 Section 44 . The various clauses of the section were thrown into a solid 
 paragraph. The following words from section 48, “Grant or change any 
 corporate powers except those of educational, charitable, reformatory or 
 penal corporations, under the patronage and control of the state.” were 
 made the last clause of section 44 and section 44 was made to read as 
 follows: 
 
 Section 44- No local or special law shall grant divorces; change the 
 names of persons or places; provide for opening, altering or working public 
 highways; vacate highways, public grounds or town plats; regulate county 
 or town affairs; create municipal corporations or amend their charters; 
 provide for summoning or impaneling juries; provide for the management 
 of common schools; regulate interest rates; regulate elections or designate 
 places of voting; regulate the sale or mortgage of real estate of persons 
 under disability; protect game or fish unless by reasonable classification of 
 waters; authorize ferries or toll bridges; remit fines, penalties or forfei¬ 
 tures; change the law” of descent; grant the right to construct railroad 
 tracks; grant any special or exclusive privilege, immunity or franchise; 
 or grant or change any corporate powers except those of educational, chari¬ 
 table, reformatory or penal corporations, under the patronage and control 
 of the state. 
 
 Section J/3. The last sentence of section 44 was made section 45 to 
 read as follows: 
 
 Section 45. No special law shall be enacted if a general law can be 
 made applicable. 
 
 Section 46 . Section 45 was made section 46 to read as follows: 
 
 Section 46- Lotteries and gift enterprises are forbidden. 
 
 Section 41- Section 46 was made section 47 to read as follow's: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 819 
 
 Section 47. No liability due the state or any subdivision thereof or 
 any municipal corporation shall ever be released or extinguished by law. 
 
 Section 48. Section 47 was made section 48 to read as follows- 
 
 Section 48. No officer shall be elected or appointed by the general 
 assembly or by either house except their respective officers. 
 
 Pait of section 48 was transferred to section 44 as above stated. The 
 rest of section 48, being ihe first four "words—“no special law mav”—were 
 stricken out. 
 
 Section 50. The words “person, corporation or association” are tran¬ 
 sposed, so that the section shall read as follows: 
 
 Section 50. . No law shall, be passed authorizing the labor of any con¬ 
 vict confined within any penitentiary or other reformatory institution to 
 be let to any corporation, association, or person. 
 
 Section 59. Was made a solid paragraph. The words “and the three 
 preceding sections” were inserted after the word “section” in the last line. 
 The section as revised reads as follows: 
 
 Section 59. The general assembly may provide (a) for opening pri¬ 
 vate loads to communicate w'ith public roads, (b) for permitting owners 
 and lessees of lands and minerals to construct drains, ditches and levees 
 on, across or under the lands of others for agricultural, sanitary or mining 
 purposes, (c) for organizing drainage districts for flood control or for 
 sanitary or agricultural purposes with powers of eminent domain and spe¬ 
 cial assessment and (d) for making surveys and straightening and improv¬ 
 ing water courses at the expense in part of drainage districts and in part 
 of the state or any subdivision thereof. This section and the three pre¬ 
 ceding sections shall not be construed as limitations of the powers of the 
 general assembly. 
 
 Section 00. Insert the words “in fee simple” after the word “take” in 
 the second line. 
 
 Article IV. 
 
 EXECUTIVE DEPARTMENT. 
 
 Section 68 was made a solid paragraph to read as follows: 
 
 Section 68. The officers specifically named in section sixty-five of this 
 constitution except the superintendent of public instruction shall be elected 
 in nineteen hundred.twenty-four and every four years thereafter. The super¬ 
 intendent of public instruction shall be elected in nineteen hundred twenty- 
 s i x and e ^ ery four y ears thereafter. The term of office of every such officer 
 election 6 f ° Ur yearS from tlle secon( l Monday of January next after his 
 
 Section 75 was made a solid paragraph to read as follows* 
 
 Section 75. The governor shall nominate and with the consent by yea 
 aad naj ] ote a P a j or ity of those elected to the senate shall appoint all 
 officers whose appointment or election is not otherwise prescribed by law. 
 If a vacancy exists during the recess of the senate in any office where the 
 appointing power is vested in the governor subject to the consent of the 
 senate, the governor shall make a temporary appointment until the next 
 meeting of the senate when he shall nominate some person for the office. 
 No person rejected by the senate shall be nominated again for the office at 
 the same session save on request of the senate or be appointed to the office 
 during the recess of the senate. v 
 
 Section 79 was made a solid paragraph to read as follows: 
 
 ?nvprnnv°i!ih If the office °l S° vernor becomes vacant the lieutenant 
 S tTm h rf become governor for the residue of the term. If the governor 
 fails to qualify, is absent from the state or is under disability, the powers 
 duties and emoluments of the office shall devolve upon the lieutenant’ 
 governor for the residue of the term or until the cause which renders the 
 governor incapable of performing his duties is removed. If there fs no 
 leu (rnimt governor or if for any of the above causes, he is incapable of 
 performing the duties of the office, its powers, duties and emolumentsshaH 
 
 nnnn lv th U i P ° n ^ P resident of the senate and after him, for like causes 
 upon the speaker of the house of representatives; but each of them shall 
 
820 
 
 JOURNAL OF THE 
 
 [June 28, 
 
 act only until the cause which renders the officer having the prior right 
 incapable of performing the duties of the office is removed or until the 
 vacancy is filled by election. 
 
 Article V. 
 
 JUDICIAL DEPARTMENT. 
 
 Section 89. The dates in section 89 were revised as follows: The 
 words “nineteen hundred twenty-four” in the second line were made “nine¬ 
 teen hundred thirty-five”; the “words nineteen hundred thirty-one” in the 
 fourth line were made “nineteen hundred thirty-nine”; the words “nineteen 
 hundred twenty-seven” in the fifth line were made “nineteen hundred thirty- 
 seven”; the words “nineteen hundred twenty-four” in the sixth line were 
 made “nineteen hundred thirty-three”; the words “nineteen hundred twenty- 
 four” in the seventh line were made “nineteen hundred thirty-five”; the 
 w'ords “nineteen hundred twenty-four” in the eighth line were made “nine¬ 
 teen hundred thirty-three.” The following words from the last sentence of 
 section 8 in the schedule were inserted as a sentence immediately before 
 the last sentence of section 89: “The justices from the first district shall be 
 elected on the first Monday of June in the years in which their terms expire 
 and the justices from the second, third, fourth, fifth and sixth districts shall 
 be elected on the first Tuesday after the first Monday in November in the 
 years in which their terms expire.” The section as revised reads as follows: 
 
 Section 89. One justice of the supreme court shall be elected in the 
 first district in nineteen hundred thirty-five; one justice in the first district 
 in nineteen hundred thirty-three; one justice in the second district in nine¬ 
 teen hundred thirty-nine; one justice in the third district in nineteen 
 hundred thirty-seven; one justice in the fourth district in nineteen hundred 
 thirty-three; one justice in the fifth district in nineteen hundred thirty-five; 
 one justice in the sixth district in nineteen hundred thirty-three; and every 
 ten years thereafter respectively. The justices from the first district shall 
 be elected on the first Monday of June in the years in w'hich their terms 
 expire and the justices from the second, third, fourth, fifth and sixth dis¬ 
 tricts shall be elected on the first Tuesday after the first Monday in Novem¬ 
 ber in the years in which their terms expire. The term of office of each 
 justice shall be ten years from the date of his election. 
 
 Section 93. In the fourth line the word “court” was stricKen out and 
 the words “pleading, practice or procedure” w r ere substituted. The section 
 as amended reads as follow's: 
 
 Section 93. The supreme court shall have exclusive power to prescribe 
 rules of pleading, practice and procedure in all courts; but rules not incon¬ 
 sistent therewith may be prescribed respectively by other courts of record. 
 Any rule of pleading, practice or procedure may be set aside by the general 
 assembly by a special law limited to that purpose. 
 
 Section 100. The section was made a solid paragraph to read as fol¬ 
 lows: 
 
 Section 100. Appeals from and writs of error to circuit and county 
 courts may be prosecuted in all cases as follows: (a) to or from the supreme 
 court in all criminal cases where the punishment allowed by law may be 
 death or imprisonment in the penitentiary and in cases where a franchise 
 or a freehold or the validity of a statute is involved, (b) to or from the 
 appellate courts in such other cases as may be prescribed by general rule 
 of the supreme court and (c) to or fronv the supreme court in all other 
 cases. Except as above limited the supreme court by general rule may 
 prescribe the final jurisdiction of appellate courts unless otherwise provided 
 by law’. 
 
 Section 10J t . The section appearing as section 103 of the second revised 
 draft of June 22, 1922 was a substitute for section 104. The words “for any 
 county or counties” were inserted after the word “court” in the first line 
 of section 103 as there found. The words “and criminal” immediately before 
 the word “cases” at the end of the second sentence of section 103 were 
 stricken out. The section as revised reads as follows: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 821 
 
 Section ■ 10^. The circuit courts shall always be open for the transac¬ 
 tion of business but terms of court for any county or counties not less than 
 four annually may be prescribed by law for common law and criminal cases 
 The first Monday of each month shall be return day for process in chancery 
 cases and, unless otherwise prescribed by law’ for any county or counties 
 in common law cases. The circuit court shall sit at the county seat of each 
 county. If a city of more than fifty thousand population in any county 
 provides and .maintains suitable facilities for holding court, the circuit court 
 shall also sit in such city. In any city wholly or partly in the county, when¬ 
 ever such city or part thereof has not less than five thousand population, a 
 majority of. the judges of the circuit may provide for holding sessions of 
 
 court therein, if such city provides and maintains suitable facilities for 
 holding court. 
 
 Section 107. The word “such” before the word “judges” in the second 
 sentence was stricken out. The section as revised reads as follows: 
 
 Section 107. Judges of the circuit court of Cook county shall be elected 
 for terms of six years from the date of their election. At all elections for 
 judges the ballots therefor shall be separate and distinct from the ballots 
 for non-judicial officers. 
 
 faction 111. The third sentence of this section was revised to read: 
 Q11 „ h U nh proposition is approved by a majority of those voting thereon 
 
 changed to re^® ^ * deClare U adopted -” The fourth sentence was 
 
 If it is disapproved it shall not again be submitted for six years.” 
 
 The word, “hereinafter” in the succeeding sentence w'as changed to the 
 word herein. The section as revised reads as follows* 
 
 tpnti n A , me( : tors ? f * he county of Cook equal in number to one- 
 tenth of the total vote cast for president of the county board at the last 
 preceding election may file in the circuit court a petition to submit to a 
 vote the proposition whether the county shall adopt the system hereinafter 
 
 f -° r ^* he a P pomtn ? eat °. f the judges of the circuit court. Thereupon 
 the chief justice of the civil division of that court by an order entered of 
 
 three^mmrths sp ^P ial ele ction for submitting such proposition within 
 three months after such order is entered. If the proposition is approved bv 
 
 ° f thosa noting thereon such chief justice shall declare it adopted 
 t is disapproved it shall not again be submitted for six years Upon the 
 
 « oa 0f ^ proposition judges in office shall continue In office unffi 
 removed as herein provided. After the adoption of the proposition the 
 
 Sia?i n fi r n° f choosing j ud S es of that court shall be as follows: The governor 
 shall fill any vacancy in that court by appointment from a list colt!in?ng 
 
 bv a n m m aioritv n o If* than f ° Ur eligible persons for each vacancy, nominated 
 
 to be Affiliated Lmf t l Upreme cou 1 r . t /. not more than one-half of such persons 
 to be affiliated with the same political party. Thereafter each iud^p qhoii 
 
 On the 1 first Mp dU i ring f g °T° d b< : ha ™ r subject to removal as herein provided. 
 
 ment oAverv mdS ~ -"“.l “ the i ixth year after ‘he election or appoint- 
 vear and 1 m the seventh year if the sixth is an even numbered 
 
 the countv ho ™ e d 6 every sixth year ther eafter the electors of 
 
 annrova^ of b - f 0 PP°rtunity at an election to express their dis- 
 
 disannroves of ani (fa, V ■ a '*' 0n J y of those votin S at any such election 
 months after the oiio, dS ® h,a °* c - e sha " become vacant at the end of three 
 
 bl ineliv/hie tl e ele P t ; a . nd for a period of slx years thereafter he shall 
 be mehgible to appointment as a judge of such court; if such judge is not 
 
 o sScwfection S \ a n C ,° nt j- nUe ln ° ffice and b ^" a " e ' y term'onthe day 
 manner preserTbed by law 1 ' 0 " 8 Und6r thiS S6Cti ° n Sha11 be condacted in 
 
 lov/s-. eCti ° n 111 ThiS S6Cti0n Was made a solid paragraph to read as fol- 
 
 Rha nZ ( iT/A 1 ?? Tr y suph . county there shall be a county court which 
 
 conservatorshin a 1 ifd n on' ,UnS t dlCt l 0 - n of , aI ' matters of Probate, guardianship, 
 estates Of ZrlLeu d a PP rentlc «ship, the administration and settlement of 
 
 required for the adm[n ? 1 S a ,” P roc , eedin S s for the sale of real estate where 
 Q r the administration and settlement of such matters or estates, 
 
822 
 
 JOURNAL OF THE 
 
 [June 28, 
 
 proceedings relating to taxes and assessments and their collection, and 
 criminal cases below the grade of felony, (b) concurrent jurisdiction with 
 the circuit courts in testamentary'trusts, construction of wills and partition 
 of real estate where any such proceeding is incidental to its original juris¬ 
 diction, (c) exclusive jurisdiction of appeals from justices of the peace and 
 (d) such other jurisdiction as provided by law. 
 
 Section 121. The words “elected members” were transposed to read 
 “members elected.” The section as revised reads as follows: 
 
 Section 121. The general assembly, upon due notice, and opportunity 
 for defense and for cause entered upon the journal of each house, may 
 remove any justice or judge upon concurrence in each house, of three-fourths 
 of its members elected. All other officers mentioned in this article shall be 
 removed from office on conviction for misdemeanor in office. 
 
 No change. 
 
 Article VI. 
 
 SUFFRAGE AND ELECTION. 
 
 Article VII. 
 
 REVENUE AND FINANCE. 
 
 Section 1J/9. In the second line from the end of the section the word 
 “tax” was stricken out and the words “for the tax or assessment” were 
 inserted immediately after the word “lien.” The section as revised reads 
 as follows: 
 
 Section 1J/9. No owner of real estate shall be divested of title for de¬ 
 fault in payment of general or special taxes or assessments except upon 
 sale by the county treasurer or by forfeiture to the state and in either case 
 only after judgment of a court of record entered after notice as provided 
 by law. Not less than two years shall be allowed to redeem from such sale 
 or forfeiture. The general assembly may provide that the holder of a 
 tax title based on any tax sale hereafter made may waive claim of title to 
 the land sold and be subrogated to the lien for the tax or assessment for 
 which the sale was made and proceed in equity to foreclose such lien with 
 additional penalties as provided by law. 
 
 Section 153. This section was made a solid paragraph to read as fol¬ 
 lows: 
 
 Section 153. Each general assembly shall make appropriations for the 
 expenses of the government for a period of two years from the first day 
 of July of the year in which it convenes. After such appropriations have 
 been made the aggregate amount thereof shall not be increased except by a 
 vote of two-thirds of the members elected to each house. All appropriations 
 for any such two-year period shall end with the period except that ob¬ 
 ligations incurred during the period may be paid within three months 
 thereafter. 
 
 Section 155. This section was made a solid paragraph. The words 
 “members of the house of” were inserted before the word “representatives” 
 in the eight line of the section. The section as revised reads as follows: 
 
 Section 155. The state may contract debts (a) for meeting casual 
 deficits in revenue up to one million dollars, (b) for defense in war, sup¬ 
 pressing insurrection or repelling invasion and (c) for the deep waterway 
 as provided in this constitution. Money so borrowed shall be applied only 
 to the purpose for which it is obtained or for the payment of the debts 
 thus created. No other debt shall be contracted by the state unless the 
 law authorizing it is approved by a majority of those voting for members 
 of the house of representatives at a general election. The general assembly 
 shall provide for the publication of any such law for at least three months 
 before the election. Provision shall be made when the debt is contracted 
 for the annual payment of interest either by a tax to be levied for the 
 purpose or by setting aside other revenues. Any law providing for such 
 tax shall be submitted in like manner with the law authorizing the debt 
 and if approved shall be irrepealable. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 823 
 
 Article VIII. 
 
 LOCAL GOVERNMENTS. 
 
 Section 178. The word “law” at the end of the first paragraph was 
 r word f.“ the general assembly or by this article” inserted 
 reads as^follows- ^ SeCtl ° n Was made a solid Paragraph and as revised 
 
 . Sec ^ ion . 1 J 8 - Except as expressly prohibited by law the city of Chicago 
 nowr of 1 op C are ?f t0 possess for a11 municipal purposes full and complete 
 
 ha LL n Se g0V 5 n T nt and cor P ora te action. This grant of power 
 shall be liberally construed and no pow’er of local self-government or cor- 
 
 Thp at pnt Ct h 0n Sha l be deaied the cit y h y reason of not being specified herein. 
 
 e c.ty, however, may impose taxes and borrow money only as authorized 
 Sr 1 d< r ge . neral assembly or by this article. Until otherwise provided by 
 the city charter the powers heretofore granted the city shall be preserved 
 f£ d exermsed in accordance with law and the additional powers granted by 
 
 Sec Z 179 Th P eX a erC t i - Sed by 0r “ accorda " ce with city ordinances 7 
 lows: ' 0n was made a Solid paragraph to read as fol- 
 
 . ,. 8cctim \ 17 £‘ The legislative authority of the city of Chicago from time 
 to time and after approval of the proposition at an election in such manner 
 as it may provide, may call| an elective convention to frame a new citv 
 charter or to revise or amend any existing charter. The proposals of anv 
 
 providTby T "suborn SUb t mitted i 0 the VOters for ad °P«°>i in the manned 
 provided by it. Subsequent amendments may also be proposed and snh 
 
 mitted to the voters in such manner as the charter may provide State 
 
 election laws and the powers and duties existing thereunder shall be avail 
 
 able for the purposes of this section. The chfrter so framed revised or' 
 
 so tar Is the' orrnSn P f a !l ed • t f hereunder sha11 Prevail over’ state laws 
 amnn7,t! of ^ ? lty g° vernm ent, the distribution of powers 
 
 aa \° a| T officia l agencies and the tenure and compensation of its officers 
 d employees are concerned. Rates of compensation as well as conditions 
 of appointment and promotion in the classified civil service of the citv shall 
 be determined according to a general plan which shall recognize meHt and 
 fitness as controlling principles. A certified copy of such charted nr t 
 
 ZTZZZIZZ" be filed with tbe ™ y ot ZZZSZZ 
 
 after S the°Lrds‘-to h t e akI” rd Thl in s P f r S ’ mple ° r otherwis e” were inserted 
 Septal tart Thi revlsed reads as follows: 
 
 nr* 8ec . n 180 ■ , The Clt y of Chicago shall have power to take in fee simnln 
 
 privUe^el o e r°Hce a n“eTh P eld Va te P / 0 ° Pert f- (in ?j udin S Public utilities and the" 
 accordfnce with law “ connectlo “ therewith) for public use in 
 
 No change. 
 
 No change. 
 No change. 
 
 Article IX. 
 
 PUBLIC SERVANTS. 
 
 Article X. 
 
 EDUCATION. 
 
 Article XI. 
 militia. 
 
 Article XII. 
 
 No change warehouses and common carriers. 
 
 Article XIII. 
 
 CANALS AND WATERWAYS. 
 
 proprtated” ZZZZZ'SZonZ 
 
824 
 
 JOURNAL OF THE 
 
 [June 28, 
 
 Section 228. In addition to the proceeds of the twenty million dollars 
 of bonds heretofore authorized for the deep waterway, ten million dollars 
 may be appropriated therefor and all or part thereof secured by issuing 
 bonds. The state shall make no other expenditure for any canal or water¬ 
 way or appurtenance thereto except from the income thereof unless the 
 expenditure is approved by a majority of all those voting at a general 
 election. 
 
 Article XIV. 
 
 No change. 
 
 AMENDMENTS TO THE CONSTITUTION. 
 
 Schedule. 
 
 In section 8 in the second paragraph the word “his” in the last line 
 but one of the second paragraph was changed to the word “that”. The 
 last two sentences of the third paragraph of the section were stricken out. 
 The section as revised reads as follows: 
 
 Section 8. On the day this constitution is submitted to the people for 
 ratification an election shall be held for a justice of the supreme court in 
 the first judicial district designated by this constitution. Every person in 
 that judicial district who is entitled to vote for this constitution shall be 
 entitled to vote for such justice. The election shall otherwise be con¬ 
 ducted, returns made and certificate of election issued in accordance with 
 existing laws. If it appears upon the canvassing of the votes for and against 
 this constitution that this constitution is not adopted, then no certificate 
 of election shall be issued for such justice. If he is elected and commis¬ 
 sioned, such justice shall hold office until the first Monday of June, nineteen 
 hundred thirty-three. He shall not enter upon the discharge of his duties 
 until the first Monday of June, nineteen hundred twenty-four, unless prior 
 to that time there is a vacancy in the supreme court from any district, in 
 which case he shall fill such vacancy until the first Monday of June, nineteen 
 hundred twenty-four. 
 
 When the term of office of the justice residing in the second district 
 under this constitution (elected from the sixth district under the consti¬ 
 tution of eighteen hundred seventy) expires on the first Monday of June, 
 nineteen hundred twenty-four, that office shall cease to exist. 
 
 Successors to the justices now in office shall be elected on the first 
 Monday of June in the years in which their respective terms expire. One 
 justice for the first district shall be elected for a term to expire on the 
 first Monday in June, nineteen hundred thirty-five; a justice for the fifth 
 district shall be elected for a term to expire on the first Tuesday after the 
 first Monday in November, nineteen hundred thirty-five; justices for the 
 fourth and sixth districts shall be elected for terms to expire on the first 
 Tuesday after the first Monday in November, nineteen hundred thirty-three; 
 a justice for the third district shall be elected for a term to expire on the 
 first Tuesday after the first Monday in November, nineteen hundred thirty- 
 seven; and a justice for the second district shall be elected for a term to 
 expire on the first Tuesday after the first Monday of November, nineteen 
 hundred thirty-nine. 
 
 Section 13. The words “on the seventh day of May” were changed to 
 read “May seventh.” In the fourth paragraph of the section the word “and” 
 was inserted in lieu of the comma after the words “nineteen hundred 
 twenty-six”. The section as revised reads as follows: 
 
 Section 13. The judges of the circuit, superior, county and probate 
 courts of Cook county and the chief justice of the municipal court of Chi¬ 
 cago in office on May seventh, nineteen hundred twenty-three (except the 
 judges of the circuit and superior courts of Cook county made judges of 
 the appellate court of the first district by the adoption of this constitution 
 whose offices as judges of the circuit and superior courts of Cook county 
 thereby cease to exist) shall be judges of the circuit court of Cook county 
 as thus consolidated and shall continue to hold office during the terms for 
 which they are respectively elected or appointed and until their successors 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 825 
 
 are elected and qualified. The associate judges of the municipal court of 
 Chicago in office on May seventh, nineteen hundred twenty-three, shall be 
 associate judges of the circuit court of Cook county as. thus consolidated 
 and shall continue to hold office during the terms for which they are re¬ 
 spectively elected or appointed and until the first Monday of June next 
 following, respectively, when their respective offices as associate judges of 
 that court shall be abolished. There shall be elected to the office of judge 
 of the circuit court of Cook county for terms of six years, except as herein¬ 
 after otherwise specifically provided, on the first Monday of June of the 
 years following. In nineteen hundred twenty-three, nine judges as suc¬ 
 cessors to the judges whose terms expire in that year; in nineteen hundred 
 wen y-five, one judge as successor to the judge whose term expires in 
 nineteen hundred twenty-four and one judge as successor to the judge whose 
 term expires in nineteen hundred tw'enty-five together with eight additional 
 judges; m nineteen hundred twenty-seven, two judges as successors to the 
 judges whose terms expire in the year nineteen hundred twenty-six, and 
 seventeen judges as successors to the judges whose terms expire in the 
 year nineteen hundred twenty-seven; in nineteen hundred twenty-seven 
 eight additional judges for terms of four years; and in nineteen hundred 
 twenty-nine, four judges as successors to the judges whose terms expire in 
 the year nineteen hundred twenty-eight, nine judges as successors to the 
 ^ w . se terms expire in the year nineteen hundred twenty-nine to¬ 
 
 gether with eight additional judges, one of whom shall hold office for'the 
 term of two years. 
 
 S ^f ion The words “first day of May” were changed to read “May 
 seventh . The section as revised reads as follows- 
 
 Section 27^ Prom and after May seventh, nineteen hundred twenty- 
 three, and until otherwise provided by law, all matters of fees and costs 
 connected with proceedings in the circuit court of Cook county shall he 
 regulated by rules to be adopted by the supreme court 
 
 „ ? ect J, on ^ The . words “ the adoption of” were inserted after the word 
 against . The section as revised reads as follows: 
 
 ... s J cti °n 3 j- The ballots cast for and against the adoption of this con¬ 
 stitution shall be received and canvassed by the judges and clerks of such 
 election and returned as provided by law' for general elections 
 
 Section 132. Remove the comma in the fifth line after the word “years.” 
 
 Section lo6. Insert a comma after the word “cent” in the third line 
 
 “court » SeCUOn 175 change the word “clerk” the last word in the section to 
 
 Remove the period after the word “Section ” 
 
 Insert a comma after the word “Chicago” in the first line. 
 Insert a comma after the word “fifteen” in the third line. 
 
 ,, In sec ond line of the second paragraph take out the 
 
 comma after the word thereafter.” 
 
 Section 201,. Made a solid paragraph to read as follows: 
 
 Section 201,'. No officer of this state shall be beneficially interested 
 directly or indirectly in any contract with the state. No officer of any sub¬ 
 division of the state or of any municipal corporation or* of any board or 
 commission shall be beneficially interested directly or indirectly in any 
 contract with the particular body of which he is an officer. ' Y 
 
 Action /9 ° Tht 6 f^ edule : Made a solid paragraph to read as follow's: 
 
 * // °J S ’ Th Judges of the county and probate courts (in counties 
 er than the county of Cook) in office on December third, nineteen hun- 
 
 at wh chHmi'Z'^f b f e >, d8eS , 0f „ the COUnty co " rt as thas consolidated, 
 at which time the office of judge of the probate court or probate judge shall 
 
 1Sh ^ d ’ - Sha11 h ° lfl ° ffiCe during the terms f or which they were 
 
 elected and until their successors are elected and qualified. Counties having 
 
 La PU atl i° n + 0f - T S than sey onty-five thousand, which have a county judge 
 and a l ,r °hate judge at the time of the adoption of this constitution shall 
 elect in nineteen hundred twenty-seven two county judges. ’ 
 
 And recommended that the report of the Committee on Phraseology 
 and Style, as amended, do pass. 
 
 Section 178. 
 Section 170. 
 Section 187. 
 Section 102. 
 
8*26 
 
 JOURNAL OF THE 
 
 [June 28, 
 
 And the report of the committee was concurred in. 
 
 By unanimous consent, the rule requiring the document to be 
 printed was suspended. 
 
 Whereupon, Mr. Davis moved that the Constitution as a unit, as 
 reported from the Committee of the Whole, to this Convention, be now 
 placed on the order of third reading. 
 
 And on that motion a call of the roll was had, resulting as follows: 
 Yeas, 59; navs, 0. 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 oting in the affirmative are: 
 
 Messrs. 
 
 
 Cutting 
 
 Green 
 
 Meinert 
 
 Smith 
 
 Davis 
 
 Hogan 
 
 Mills 
 
 Sneed 
 
 Dawes 
 
 Hull 
 
 Moore 
 
 Sutherland 
 
 Dietz 
 
 Ireland 
 
 Nichols 
 
 Taff 
 
 Dryer 
 
 Jack 
 
 O’Brien 
 
 Todd 
 
 Dunlap 
 
 Jarman 
 
 Paddock 
 
 Trautmann 
 
 Dupuy, G. A. 
 
 Johnson, L. C. 
 
 Pinnell 
 
 Wall 
 
 Elting 
 
 Johnson, W. A. 
 
 Rinaker 
 
 Warren 
 
 Garrett 
 
 Kerrick 
 
 Scanlan 
 
 Whitman 
 
 Gilbert 
 
 Lill 
 
 Shanahan 
 
 Wilson 
 
 Goodyear 
 
 Lindly 
 
 Shuey 
 
 Mr. President 
 
 Gray 
 
 Mack 
 
 Six 
 
 Yeas— 
 
 59. 
 Nays—0. 
 
 And the motion prevailed. 
 
 The question then being on the passage and adoption of the Ke- 
 vised Constitution as a whole or unit on third reading, a call of the roll 
 was had, resulting as follows: Yeas, 59; navs, 0. 
 
 Messrs. 
 
 r l hose voting in the affirmative are: 
 
 Adams 
 
 Adamkiewicz 
 
 Barr 
 
 Brenholt 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Cutting 1 
 
 Davis 
 
 Dawes 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Biting 
 
 Garrett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hogan 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 Meinert 
 
 Mills 
 
 Moore 
 
 Xichols 
 
 O'Brien 
 
 Paddock 
 
 Pinnell 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sneed 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Trautmann 
 
 Wall 
 
 W arren 
 
 Whitman 
 
 Wilson 
 
 Mr. President 
 
 Teas—59. 
 
 mi /. . . . Nays—0. 
 
 1 ne Constitution, having received the votes on third reading of a 
 majority of the Delegates elected, was declared passed. 
 
 Trautmann moved that the Committee on Phraseology and 
 Style now proceed to engross and enroll the Constitution. 
 
 And the motion prevailed. 
 
 Mi. Datis ga^e notice that on the next Convention dav he would 
 move to reconsider the vote by which the Constitution had passed. 
 
 Mr. Clarke gave notice that on the next Convention dav he would 
 move to reconsider the vote by which the Constitution had passed, for 
 the specific and only purpose of making such corrections and alterations 
 as mat lie deemed necessary to perfect and complete the document. 
 
 3D. Green moted that when the Convention adjourns today it stand 
 adjourned until Tuesday, September 12, 1922, at 10:00 o’clock a. m. 
 
 And the motion prevailed. 
 
 Mr. A ilson o lie red the lollowing resolution, which was adopted by 
 a unanimous vote: 
 
 Resolved That this Convention express its sympathy for their affliction 
 Pearce 3 regretS for the enforrefl absence of Delegates Gale, McGuire and 
 
1922.1 
 
 CONSTITUTIONAL CONVENTION. 
 
 827 
 
 At the hour of 5:10 o’clock p. m., Mr. Green moved that the Con- 
 vention do now adjourn. 
 
 The motion prevailed. 
 
 And in accordance with the motion heretofore adopted the Con¬ 
 vention stood adjourned until Tuesday, September 12, 1922 at 10 -00 
 o clock a. m. 
 
828 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 TUESDAY, SEPTEMBER 12 , 19 22 , 10:00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 Prayer was offered by Dr. A. E. Turner, President of Lincoln 
 College, of Lincoln. 
 
 r lhe Journal of Tuesday, June 27th, having been printed and placed 
 on the desks of the Delegates, as provided under the rules, was taken 
 up and no corrections appearing, was ordered to stand approved. 
 
 In accordance with the resolution adopted April 25th, the Secre¬ 
 tary called the roll of the Convention, which resulted as follows: 
 Present, 81. 
 
 Those answering present were : Messrs. 
 
 Adams 
 
 Dawes 
 
 Green 
 
 McEwen 
 
 Shanahan 
 
 Adamkiewicz 
 
 De Young 
 
 Hamill 
 
 Meinert 
 
 Shuey 
 
 Baldwin 
 
 Dietz 
 
 Hollenbeck 
 
 Michal 
 
 Six 
 
 Barr 
 
 Dryer 
 
 Hull 
 
 Miller 
 
 Smith 
 
 Beckman 
 
 Dunlap 
 
 Iarussi 
 
 Mills 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Ireiand 
 
 Moore 
 
 Taff 
 
 Brenholt 
 
 Elting 
 
 Jack 
 
 Nichols 
 
 Todd 
 
 Brewster 
 
 Fifer 
 
 Jarman 
 
 O’Brien 
 
 Torrance 
 
 Cary, C. D. 
 
 Frole 
 
 Johnson, L. C. 
 
 Paddock 
 
 Wall 
 
 Carlstrom 
 
 Fyke 
 
 Johnson, W. A. 
 
 Parker 
 
 W arren 
 
 Catron 
 
 Gale 
 
 Kerrick 
 
 Pincus 
 
 Whitman 
 
 Chew 
 
 Ganschow 
 
 Kunde 
 
 Pinnell 
 
 Wilson 
 
 Clarke 
 
 Garrett 
 
 Latchford 
 
 Quinn 
 
 Wolff 
 
 Coolley 
 
 Gee 
 
 Lill 
 
 Rinaker 
 
 Woodward 
 
 Corlett 
 
 Gilbert 
 
 Lindly 
 
 Rosenberg 
 
 Mr. President 
 
 Cruden 
 
 Davis 
 
 Goodyear 
 
 Gray 
 
 Mack 
 
 Scg,nlan 
 
 Present— 
 
 By unanimous consent, Mr. McGuire was excused from attendance 
 at the sessions of the Convention today, on account of illness. 
 
 The President laid before the Convention the following communi¬ 
 cation, which was read at large by the Secretary, as follows: 
 
 Sprixgfield, III., September 6, 1922. 
 To the President and Members of the Constitutional Convention: 
 
 In view of the fact that I will be out of the State and not able to attend 
 the meeting of the Convention when it reconvenes on September 12th, I 
 hereby request unanimous consent to be recorded in favor of voting in the 
 affirmative on the following propositions: 
 
 (1) On the motion to reconsider the vote by which the Constitution 
 was adopted. 
 
 (2) On the motion to reopen the Judicial Article for the purpose of 
 amending sections 87, 88 and 89, the substance of the same being to provide 
 for nine members of the Supreme Court instead of seven . 
 
 (3) On the amendments offered to these three sections, as indicated 
 above. 
 
 (4) On the motion to reopen the Article on Suffrage and Elections for 
 the purpose of amending section 136 so that the one election day a year 
 provision will not apply to the election of judges of the Supreme Court in 
 the Seventh Judicial District in the counties other than Cook. 
 
 (5) On the motion amending section 136, as above indicated. 
 
 (6) On the motion to reopen the schedule for the purpose of amending 
 section 8 to conform with the changes proposed to sections 87, 88 and 89 of 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 829 
 
 the Constitution so that two judges may be voted for on December 12th and 
 that provision is made for the election of the other seven judges 
 
 (7) On the motion to amend section 8 of the schedule, as above indi- 
 catea. 
 
 (Signed) W. E. Trautmann. 
 
 t nanimous consent being refused, the foregoing request could not 
 be granted. 
 
 Mr. Davis, in accordance with his notice of June 28th, moved to 
 reconsider the vote by which the proposed Constitution had passed. 
 
 The question being on the motion to reconsider, a division of the 
 Convention was had, resulting as follows: Yeas, 43; nays. 27. 
 
 The motion prevailed. 
 
 And the proposed Constitution was again taken up. 
 
 Y hereupon Mr. Green asked unanimous consent to reconsider the 
 vote by which sections 87, 88, 89, 91 and 13(1, of the proposed Consti¬ 
 tution, and section 8 of the Schedule, were adopted. 
 
 . . ^ nan imous consent being refused, Mr. Green moved that the pro¬ 
 visions of Paragraph 11, of Rule 22, be suspended for the sole and only 
 purpose of offering amendments to sections 87, 88, 89, 91 and 136 of the 
 proposed Constitution, and section 8 of the Schedule. 
 
 And on that motion a division of the Convention was had, resulting 
 as follows: Yeas, 51; nays, 20. 
 
 The motion prevailed. 
 
 And the rules were suspended. 
 
 qo G -, re ? n moved to rec onsider the vote by which sections 87, 88. 
 
 el ' 1 and of the proposed Constitution, and section 8, of the 
 Schedule, were adopted. 
 
 And the motion prevailed. 
 
 ^ ee n n thereupon offered the following as a substitute for sec- 
 ions 87, 88 89 91 and 136, of the proposed Constitution, and section 
 0± th e Schedule, and moved its adoption: 
 
 Section 87. The Supreme Court shall consist of nine justices one of 
 whom to be chosen by themselves shall be chief justice. 311311(368 one ot 
 
 Section 88. The State shall be divided into seven districts for the elec¬ 
 tion of justices. The district including the County of Cook shall elect three 
 justices, not more than two of whom shall at the time of their reshcUve 
 
 elect'one justice M^tVoSe C ° Unty ' E f ch ° £ the other six distri <=ts shall 
 remain as at he til , i f 6 Provided by law, the seven districts shall 
 remain as at the time of the adoption of this Constitution. 
 
 Section 89. One justice shall be elected in the first district in nineteen 
 " ed t , hlrt /- t 5 r6e . ; one Justice shall be elected in the second district In 
 nineteen hundred thirty-five; one justice shall be elected in the third district 
 in nineteen hundred thirty-three; one justice shall be elected in the fourth 
 
 flfthYstn-c? 1 ^ 16 ™ i u,nclr v , e<, thirty-nine; one justice shall be elected in the 
 
 fn the Sixth ,Hstrmf en hU ? t,red , thirty-seven; one justice shall be elected 
 t e i sixth district in nineteen hundred thirty-seven; one justice shall be 
 
 elected in the seventh district in nineteen hundred thirty-one; one justice 
 . a f be l f l n the seventh district in nineteen hundred thirty-three- one 
 jus me shall be elected in the seventh district in nineteen hundred thirty-five. 
 
 jus ices from the seventh district shall be elected on the first Mondav 
 of June in the years in which their terms expire and the justices from thp 
 firs .second, third, fourth, fifth and sixth districts shallbee ectedon he 
 firs Tuesday after the first Monday of November in the years Tn which 
 
 RSTS his P e, e ectfon e ° f ° £ eMh * Sti “ ^MaViS 
 
830 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 Section 91. The Supreme Court shall sit at the seat of government, 
 v - majoi it> of the justices shall constitute a quorum and the concurrence of 
 five shall be necessary for every decision. 
 
 Section 136. In that part of the State outside of the County of Cook 
 no final election of officers, except justices of the Supreme Court in the dis¬ 
 trict of which the County of Cook is a part, shall be held save on the first 
 Tuesday aftei the first Monday of November which shall be a holiday; but 
 after the first day of January, nineteen hundred twenty-seven, the General 
 Assembly by a vote of two-thirds of the members elected to each House may 
 provide for the election of officers at other times. 
 
 . Section 8. On the day this Constitution is submitted to the people for 
 l atification an election shall be held for two justices of the Supreme Court 
 in the Seventh Judicial District. Every person in that judicial district who 
 is entitled to vote for this Constitution shall be entitled to vote for such 
 justices. The election shall otherwise be conducted, returns made and cer¬ 
 tificates of election issued in accordance with existing laws. If it appears 
 upon the canvassing of the votes for and against this Constitution that this 
 Constitution is not adopted, then no certificates of election shall be issued 
 for such justices. If they are elected and commissioned such justices shall 
 hold office, one until the first Monday of June, nineteen hundred thirty-one 
 and one until the first Monday of June, nineteen hundred thirty-three. 
 
 Successoi s to the justices now in office shall be elected in the seventh 
 district on the first Monday of June and in the other districts on the first 
 Tuesday after the first Monday of November in the years in which their 
 respective terms expire. One justice for each of the first and third districts 
 shall be elected for a term to expire on the first Tuesday after the first 
 Monday of November, nineteen hundred thirty-three; one justice for the 
 second district shall be elected for a term to expire on the first Tuesday 
 after the first Monday of November, nineteen hundred thirty-five; one justice 
 for the fourth district shall be elected for a term to expire on the first Tues¬ 
 day after the first Monday of November, nineteen hundred thirty-nine; one 
 justice for each of the fifth and sixth districts shall be elected for a term 
 to expire on the first Tuesday after the first Monday of November, nineteen 
 hundred thirty-seven; one justice for the seventh district shall be elected 
 for a term to expire on the first Monday of June, nineteen hundred thirty- 
 five. 
 
 Pending discussion, Mr. DeYoung offered the following amend¬ 
 ment to the substitute, and moved its adoption: 
 
 Amend the substitute by striking out of section 88, after the word 
 “justices” in the third line thereof, the words: “not more than two of whom 
 shall at the time of their respective elections reside in the same county.” 
 
 Mr. Corlett raised the point of order that the amendment was out 
 of order for the reason that Mr. Green had moved to suspend the rules 
 for a specific purpose, which would not include the amendment offered 
 b} 7 Mr. DeYoung. 
 
 And the point of order was sustained. 
 
 Pending further discussion, Mr. Whitman moved the previous 
 question. 
 
 And the question being, “Shall the main question he now put?” it 
 was decided in the affirmative. 
 
 The question then being on the adoption of the substitute for sec¬ 
 tions 87, 88, 89, 91 and 136, of the proposed Constitution, and section 
 8, of the Schedule, a call of the roll was had, resulting as follows: 
 Yeas, 57; na} r s, 24. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 831 
 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hamill 
 
 Hull 
 
 Ireland 
 
 Jack 
 
 Johnson, L. C. 
 Lindly 
 McEwen 
 
 Messrs. 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Quinn 
 
 Rinaker 
 
 Scanlan 
 
 Shanahan 
 
 Six 
 
 Messrs. 
 
 Michal 
 O’Brien 
 Parker 
 Pincus 
 Pinr.ell 
 
 Smith 
 
 Sutherland 
 
 Torrance 
 
 Wall 
 
 W arren 
 
 Whitman 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—57. 
 
 Rosenberg 
 Shuey 
 Taff 
 Todd 
 
 Nays—24. 
 
 Those voting in the affirmative are: 
 
 Adams Cruden Gee 
 
 Davis 
 Dawes 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 
 Elting 
 Fyke 
 Gale 
 
 Garrett _ 
 
 Those voting in the negative are: 
 
 Adamkiewicz Ganschow Kerrick 
 
 Baldwin Hollenbeck Kunde 
 
 Brewster Iarussi Latchford 
 
 Jarman Lili 
 
 ± ' Y0le Johnson, W. A. Mack ^ 
 
 rwwp/pn ^ l Ubstitut i for sections 87, 88, 89, 91 and 136, oftoeTro- 
 posed Constitution, and section 8, of the Schedule, was adopted. ‘ 
 
 Jlr. Jarman asked unanimous consent to suspend the rules for the 
 Constitution ffenng * SpeClfi ° amendment to section 39, of the proposed 
 
 Unanimous consent being granted, Mr. Jarman moved to reconsider 
 the vote by which section 39 was adopted. 
 
 And the motion prevailed. 
 
 sectimf r 89 Jalm i an the , re "P on , oflered the following as a substitute for 
 section 39, and moved its adoption: 
 
 Amend section 39 by substituting therefor the following- 
 beet ion 39. No subject matter shall be included in anv Confcrpncp 
 
 di°r“Tlv relateTto m“ ter“s app l?P riation . b t in ™less such subject matter 
 speciflcallv referrefl °r d ' fference between the Houses and has been 
 
 i ‘ reteired to the Conference Committee. No appropriation hill 
 
 all be passed and no report of any Conference Committee on an approoria 
 tion bill shall be considered unless the bill or report lias been printed in its' 
 nal form and placed on the desks of the members at least three legislative 
 days prior to the final passage of the bill or the consideration ofthe^ report ® 
 
 -The question being on the adoption of the substitute, a call of the 
 loll uas had, resulting as follows: Yeas, 78; nays 0. 
 
 r T^ 1 1 n /% /si. ! * j 1 nr* i • _ 
 
 Tliose voting in the affirmative are: 
 
 Davis 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 Coolley 
 Corlett 
 Cruden 
 
 Dawes 
 
 De Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Frole 
 
 Fyke 
 
 Gale 
 
 Ganschow 
 Garrett 
 Gee 
 Gilbert 
 
 Goodyear 
 Gray 
 Green 
 Hamill 
 Hollenbeck 
 Hull 
 Iarussi 
 Ireland 
 Jack 
 Jarman 
 Johnson, L. C. 
 Johnson, W. A. 
 Kerrick 
 Kunde 
 Latchford 
 Lill 
 
 Messrs. 
 
 Lindly 
 
 Mack 
 
 McEwen 
 
 Meinert 
 
 Michal 
 
 Miller 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Rosenberg 
 
 Shanahan 
 
 Six 
 
 Smith 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Torrance 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—78. 
 
 And the substitute for section 39 was adopted. 
 
 Mr - ? a I is asked unanimous consent to suspend the rules for the 
 Constitution enng 8 amendment to secti °n 195, of the proposed 
 
 Unanimous consent being granted, Mr. Davis moved to reconsider 
 the vote by which section 195 was adopted. 
 
832 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 And the motion prevailed. 
 
 Mr. Davis thereupon offered the following as a substitute for sec¬ 
 tion 195, and moved its adoption: 
 
 Amend section 195 by substituting therefor the following: 
 
 “Section 195. To hold any office created by this Constitution a person 
 shall be a citizen of the United States, resident in this State one year and 
 able to read and write the English language.” 
 
 The question being on the adoption of the substitute, a call of the 
 roll was had, resulting as follows: Yeas, 76; nays, 2. 
 
 Those voting in the affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Gray 
 
 Lindly 
 
 Rosenberg 
 
 Adamkiewicz 
 
 De Young 
 
 Green 
 
 Mack 
 
 Shanahan 
 
 Baldwin 
 
 Dietz 
 
 Hamill 
 
 McEwen 
 
 Six 
 
 Barr 
 
 Dryer 
 
 Hollenbeck 
 
 Meinert 
 
 Smith 
 
 Beckman 
 
 Dunlap 
 
 Hull 
 
 Michal 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Iarussi 
 
 Miller 
 
 Todd 
 
 Brenholt 
 
 Elting 
 
 Ireland 
 
 Mills 
 
 Torrance 
 
 Cary, C. D. 
 
 Fifer 
 
 Jack 
 
 Moore 
 
 Wall 
 
 Carlstrom 
 
 Frole 
 
 Jarman 
 
 Nichols 
 
 Warren 
 
 Catron 
 
 Fyke 
 
 Johnson, L. C. 
 
 O’Brien 
 
 Whitman 
 
 Chew 
 
 Gale 
 
 Johnson, W. A. 
 
 Paddock 
 
 Wilson 
 
 Clarke 
 
 Ganschow 
 
 Kerrick 
 
 Parker 
 
 Wolft 
 
 Coolley 
 
 Garrett 
 
 Kunde 
 
 Pincus 
 
 Woodward 
 
 Corlett 
 
 Gee 
 
 Latchford 
 
 Pinnell 
 
 Mr. President 
 
 Cruden 
 
 Davis 
 
 Gilbert 
 
 Goodyear 
 
 Lill 
 
 Quinn 
 
 Yeas—76 
 
 Those 
 
 Rinaker 
 
 voting in the 
 
 Taff 
 
 negative are: 
 
 Messrs. 
 
 Nays—2 
 
 And the substitute for section 195 was adopted. 
 
 Mr. Sutherland asked unanimous consent to suspend the rules for 
 the purpose of offering a specific amendment to section 1, of the 
 Schedule. 
 
 Unanimous consent being refused, Mr. Sutherland moved to sus¬ 
 pend the rules for that purpose. 
 
 And the question being on the motion to suspend the rules, a divi¬ 
 sion of the Convention was had, resulting as follows: 'Yeas, 55; 
 nays, 11. 
 
 The motion prevailed. 
 
 And the rules were suspended. 
 
 Mr. Sutherland moved to reconsider the vote by which section 1, 
 of the Schedule, was adopted. 
 
 And the motion prevailed. 
 
 Whereupon Mr. Sutherland offered the following as a substitute for 
 section 1, of the Schedule, and moved its adoption : 
 
 Amend section 1, by substituting therefor the following: 
 
 “Section 1. All laws in force at the adoption of this Constitution not 
 inconsistent therewith and all rights, actions, prosecutions, claims and 
 contracts of this State or of individuals or of bodies corporate shall con¬ 
 tinue to be as valid as if this Constitution had not been adopted, and that 
 section 5 of article 11 of the present Constitution shall continue in full force 
 and effect until the first day of July, 1925.” 
 
 Mr. Michal moved to lay the substitute on the table. 
 
 And the motion was lost. 
 
 The question recurring on the adoption of the substitute for sec¬ 
 tion 1, of the Schedule, the same was, by unanimous consent, withdrawn. 
 
 Mr. Sutherland thereupon offered the following as a substitute for 
 section 1, of the Schedule, and moved its adoption: 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 833 
 
 Amend section 1 by substituting therefor the following: 
 
 iT,n«« S - e + tl 0 ?+l" A 1 Li aws in fo U e at the adoption of this Constitution not 
 tra^fl S1S f e ^- th o! e 7 lth and a11 rights ’ actions, prosecutions, claims and con¬ 
 tracts ot this State or of individuals or of bodies corporate shall continue 
 to be as valid as if this Constitution had not been adopted. An Act entitled. 
 
 n Act to revise the law in relation to banks and banking,’ approved June 
 twenty-third nineteen hundred nineteen, shall continue in force unchanged 
 until the first day of July, nineteen hundred twenty-five and thereafter until 
 revised, repealed or amended.” 
 
 The question then being on the adoption of the substitute, a call 
 
 of the roll was had, resulting as follows: 
 Those voting in the affirmative are: 
 
 Adams 
 Adamkiewicz 
 Baldwin 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Carlstrom 
 Catron 
 Chew 
 Clarke 
 
 Yeas, 59; nays, 15. 
 Messrs. 
 
 Coolley 
 Corlett 
 Cruden 
 Davis 
 Dawes 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Fyke 
 
 Gar.schow 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 Gray 
 Green 
 Hollenbeck 
 Iarussi 
 Ireland 
 Jack 
 Kunde 
 
 Latchford 
 
 Lill 
 
 Lindly 
 
 Mack 
 
 McEwen 
 
 Meinert 
 
 Miller 
 
 Mills 
 
 Moore 
 
 O’Brien 
 
 Paddock 
 
 Parker 
 
 Messrs. 
 
 Pincus 
 
 Taff 
 
 Torrance 
 
 Pinnell 
 
 Rinsker 
 
 Rosenberg 
 
 Shanahan 
 
 Six 
 
 Smith 
 
 Sutherland 
 
 Wall 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Yeas—59. 
 
 Warren 
 
 Whitman 
 
 Gale 
 
 Those voting in the negative are 
 
 Cary, C. D. Hamill Kerrick 
 
 Elting Hull ' Michal 
 
 Eifer Johnson, W. A. Nichols 
 
 Frole -»y 
 
 . , _ Nays—15. 
 
 And the substitute for section 1, of the Schedule, was adopted. 
 
 Mr. W ilson asked unanimous consent to suspend the rules for the 
 
 purpose of offering a specific amendment to section 142, of the proposed 
 Constitution. 
 
 L nanimous consent being refused, Mr. Wilson moved to suspend 
 the rules for that purpose. 
 
 And the question being on the motion to suspend the rules, a divi¬ 
 sion of the Convention was had, resulting as follows" Yea« 4] • 
 nays, 31. ' ’ ’ 
 
 The motion, having failed to receive a two-thirds vote, was de¬ 
 clared lost. 
 
 And the Convention refused to suspend the rules. 
 
 Mr. Green asked unanimous consent to suspend the rules for the 
 
 purpose of offering a specific amendment to section 142, of the proposed 
 
 Constitution. 
 
 Unanimous consent being refused, Mr. Green moved to suspend the 
 
 rules for that purpose. 
 
 . *he question being on the motion to suspend the rules, a 
 
 division of the Convention was had, resulting as follows: Yeas 50- 
 nays, 16. 
 
 The motion prevailed. 
 
 And the rules were suspended. 
 
 Mr. Green moved to reconsider the vote by which section 142 was 
 
 adopted. 
 
 And the motion prevailed. 
 
 Whereupon Mi-. Green offered the following amendment to section 
 4v, of the proposed Constitution, and moved its adoption: 
 
 —53 C J 
 
834 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 Amend section 142 by adding thereto the following: 
 
 The rate of such tax shall be uniform on all incomes taxed under this 
 
 SGC Lion. 
 
 Pending discussion, at the hour of 1:15 o’clock p. m., Mr. Green 
 moved that the Convention do now take a recess until 2 :30 o’clock p. m. 
 And the motion prevailed. 
 
 2 :30 o’Clock P. M. 
 
 1 lie lioui of 2.30 o clock p. m. having arrived, the Convention 
 resumed its session. 
 
 The President presiding. 
 
 4 he pending question at the hour of taking a recess being the 
 amendment to section 142, of the proposed Constitution, offered by Mr. 
 Green, the same was again taken up. 
 
 Pending discussion, Mr. Whitman moved the previous question. 
 An d the question being, “Shall the main question be now put?” 
 it was decided in the affirmative. 
 
 The question then being on the adoption of the amendment, it was 
 decided in the affirmative. 
 
 The question again being on the adoption of section 142, as 
 
 amended, a call of the roll was had, resulting as follows: Yeas 55: 
 nays, 14. 
 
 Adams 
 Barr 
 Beckman 
 Brenholt 
 Brewster 
 Cary, C. D. 
 Carlstrom 
 Chew 
 Clarke 
 Cruden 
 Davis 
 De Young 
 
 Those voting in the affirmative are: 
 
 Dietz 
 
 Dupuy, G. A. 
 
 Elting 
 
 Fifer 
 
 Fyke 
 
 Garrett 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Green 
 
 Hollenbeck 
 
 Hull 
 
 Jack 
 
 Jarman 
 
 Johnson, L. C. 
 
 Johnson, W. A. 
 
 Kerrick 
 
 Latchford 
 
 Dill 
 
 Lindly 
 
 Mack 
 
 Meinert 
 
 Messrs. 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Paddock 
 
 Parker 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sutherland 
 
 Todd 
 
 Torrance 
 
 Wall 
 
 Warren 
 
 Whitman 
 
 Wilson 
 
 Woodward 
 
 Mr. President 
 
 Messrs. 
 
 McEwen 
 Michal 
 Scanlan 
 
 Yeas—55. 
 
 Taff 
 
 Wolff 
 
 Nays—14. 
 
 Those voting in the negative are 
 
 Baldwin Corlett Gale 
 
 Brandon Dawes Hamill 
 
 Coolley Dunlap Iarussi 
 
 And section 142, as amended, was adopted. 
 
 Mr. DeYoung asked unanimous consent to suspend the rules for the 
 purpose of offering a specific amendment to section 113, of the proposed 
 Constitution. 
 
 I nanimous consent being granted, Mr. DeYoung moved to re¬ 
 consider the vote by which section 113 was adopted. 
 
 And the motion prevailed. 
 
 Mr. DeA oung thereupon offered the following amendment to sec¬ 
 tion 113, and moved its adoption:/ 
 
 Amend section 113 by adding after the word “county” in the 7th line 
 thereof the words “or district.” 
 
 And the amendment was adopted. 
 
 4 he question then being on the adoption of section 113, as amended, 
 a call of the roll was had, resulting as follows: Yeas, 72: navs 0 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 835 
 
 Adams 
 Baldwin 
 Barr 
 Beckman 
 Brandon 
 Brenholt 
 Brewster 
 Cary, C. D 
 Carlstrom 
 Chew 
 Clarke 
 Coolley 
 Cruden 
 Davis 
 Dawes 
 
 i 
 
 Those voting in the affirmative are 
 
 De Young 
 Dietz 
 Dryer 
 Dunlap 
 Dupuy, G. A. 
 Elting 
 Pifer 
 Frole 
 Fyke 
 Gale 
 
 Ganschow 
 Garrett 
 Gee 
 Gilbert 
 Goodyear 
 
 Gray 
 Green 
 Hamill 
 Hollenbeck 
 Hull 
 Iarussi 
 Ireland 
 Jack 
 Jarman 
 Johnson, D. C. 
 Johnson, W. A. 
 Kerrick 
 Kunde 
 Latchford 
 Dill 
 
 ssrs. 
 
 Dindly 
 
 Mack 
 
 McEwen 
 
 Meinert 
 
 Michal 
 
 Mills 
 
 Moore 
 
 Nichols 
 
 Parker 
 
 Pincus 
 
 Pinnell 
 
 Quinn 
 
 Rinaker 
 
 Scanlan 
 
 Corlett 
 
 Answering present but not voting: Mr 
 
 .J. o • 
 
 Shanahan 
 
 Shuey 
 
 Six 
 
 Smith 
 
 Sutherland 
 
 Taff 
 
 Todd 
 
 Wall 
 
 Warren 
 
 Whitman 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—72. 
 
 Nays—0. 
 
 Total—1. 
 
 And section 113, as amended, was adopted. 
 rmi _T r - 'J a ™ an asked unanimous consent to suspend the rules for the 
 Constitution eim ^ a s P eci ^ c amendment to section 104, of the proposed 
 
 h naD i moaS i C ° nSent bein « refused ’ Mr - Jarman moved to suspend 
 the rules for that purpose. 1 
 
 . :^ nc ^ J'k® Question being on the motion to suspend the rules, a 
 division of the Convention was had, resulting as follows: Yeas 43 • 
 
 nays, 19. 
 
 The motion prevailed. 
 
 And the rules were suspended. 
 
 adopted' Jaman moved to rec °nsider the vote by which section 104 was 
 And the motion prevailed. 
 
 ^hereupon Mr. Jarman offered the following amendment and 
 moved its adoption: 
 
 Amend section 104 by striking out after the word “business” in thP 
 second line thereof the words: “but terms of court for any county or counties 
 
 criminal cYes ThTTrf/^r™^' be V escribecl by Iaw f ° r comm »“ law La 
 
 nr>on a . cas ® s - The first Monday of each month shall be return dav for 
 
 process in chancery cases and, unless otherwise prescribed by law for anv 
 county or counties, in common law cases.” P Dy law for any 
 
 And the amendment was adopted. 
 
 1 he question then being on the adoption of section 104, as amended 
 a call of the roll was had, resulting as follows: Yeas. 52 : navs 20. ’ 
 
 Messrs. 
 
 Those voting in the affirmative are: 
 
 Davia Goodyear 
 
 Gray 
 Hamill 
 Hollenbeck 
 Hull 
 Ireland 
 Jack 
 Jarman 
 Johnson, W. A. 
 Dill 
 
 Adams 
 
 Barr Dawes 
 
 Brandon De Young 
 
 Brenholt Dietz 
 
 Brewster Dunlap 
 
 Cary, C. D. Dupuy, G. A. 
 
 Carlstrom Elting 
 
 Catron Fyke 
 
 Chew Gale 
 
 Coolley Ganschow 
 
 Cruden Gilbert 
 
 Those voting in the negative are: 
 
 Baldwin Garrett Kunde 
 
 Beckman Green Datchford 
 
 Clarke Iarussi Mack 
 
 Corlett Johnson, D. C. Michal 
 
 McEwen 
 
 Miller 
 
 Mills 
 
 Nichols 
 
 Parker 
 
 Pinnell 
 
 Quinn 
 
 Riraker 
 
 Scanlan 
 
 Shanahan 
 
 Messrs. 
 
 Moore 
 
 O’Brien 
 
 Paddock 
 
 Rosenberg 
 
 Shuey 
 
 Six 
 
 Sutherland 
 
 Todd 
 
 Wall 
 
 Warren 
 
 Wilson 
 
 Wolff 
 
 Woodward 
 
 Mr. President 
 
 Yeas—52. 
 
 Smith 
 
 Taff 
 
 Whitman 
 
 And section 104, as amended, was adopted. 
 
 Nays—20. 
 
83G 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 Mr.- Dupuy asked unanimous consent to suspend the rules for the 
 purpose of offering a specific amendment to section 9,. of the proposed 
 Constitution. 
 
 Unanimous consent being granted, Mr. Dupuy moved to reconsider 
 the vote by which section 9 was adopted. 
 
 And the motion prevailed. 
 
 Mr. Dupuy thereupon offered the following amendment to section 
 9, and moved its adoption: 
 
 Amend section 9 by striking out the word “district” in the 6th line 
 thereof and inserting in lieu thereof the word “circuit.” 
 
 And the amendment was lost. 
 
 Mr. Hamill moved to reconsider the vote by which the motion to 
 reconsider the vote by which section 9 was adopted, was carried. 
 
 And the motion prevailed. 
 
 Mr. Hamill thereupon moved to lay the motion to reconsider on 
 the table. 
 
 And the motion prevailed. 
 
 Mr. Jarman asked unanimous consent to suspend the rules for the 
 purpose of offering a specific amendment to section 115 of the proposed 
 Constitution. 
 
 Unanimous consent being refused, Mr. Jarman moved to suspend 
 the rules for that purpose. 
 
 And the question being on the motion to suspend the rules, a 
 division of the Convention was had, resulting as follows: Yeas. 48; 
 nays, 6. 
 
 The motion prevailed. 
 
 And the rules were suspended. 
 
 Mr. Jarman moved to reconsider the vote by which section 115 
 
 t j 
 
 was adopted. 
 
 And the motion prevailed. 
 
 Whereupon Mr. Jarman offered the following amendment and 
 moved its adoption : 
 
 Amend section 115 by striking out after the word “business” in the 
 second line thereof the words: “and the first Monday of each month shall 
 be return day for process or appeals.” 
 
 And the amendment was adopted. 
 
 The question then being on the adoption of section 115, as amended, 
 
 a call of the roll was had 
 
 , resulting as 
 
 follows: Yeas, 
 
 74; nays, 3. 
 
 Those 
 
 voting in the 
 
 affirmative are 
 
 : Messrs. 
 
 
 Adams 
 
 Dawes 
 
 Green 
 
 Mack 
 
 Shanahan 
 
 Adamkiewicz 
 
 De Young 
 
 Hamill 
 
 McEwen 
 
 Shuey 
 
 Baldwin 
 
 Dietz 
 
 Hollenbeck 
 
 Miller 
 
 Six" 
 
 Barr 
 
 Dryer 
 
 Hull 
 
 Mills 
 
 Smith 
 
 Beckman 
 
 Dunlap 
 
 Iarussi 
 
 Moore 
 
 Sutherland 
 
 Brandon 
 
 Dupuy, G. A. 
 
 Ireland 
 
 Nichols 
 
 Todd 
 
 Brenholt 
 
 Elting 
 
 Jack 
 
 O’Brien 
 
 Torrance 
 
 Brewster 
 
 Fyke 
 
 Jarman 
 
 Paddock 
 
 Wall 
 
 Cary, C, D. 
 
 Gale 
 
 Johnson, B. C. 
 
 Parker 
 
 Warren 
 
 Carlstrom 
 
 Ganschow 
 
 Johnson, W. A. 
 
 Pincus 
 
 Whitman 
 
 Catron 
 
 Garrett 
 
 Kerrick 
 
 Pinnell 
 
 Wilson 
 
 Chew 
 
 Gee 
 
 Kunde 
 
 Quinn 
 
 Wolff 
 
 Coolley 
 
 Gilbert 
 
 Datchford 
 
 Rinaker 
 
 Woodward 
 
 Cruden 
 
 Goodyear 
 
 Lill 
 
 Rosenberg 
 
 Mr. President 
 
 Davis 
 
 Gray 
 
 Lindly 
 
 Scanlan 
 
 Yeas—7- 
 
 Those 
 
 voting in the negative are: 
 
 Messrs. 
 
 
 Clarke 
 
 Corlett 
 
 Michal 
 
 
 Nays— 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 837 
 
 And section 115, as amended, was adopted. 
 
 The question then being 1 on the passage and adoption of the pro¬ 
 posed Constitution as a whole or unit, as amended, the same havin 0, 
 
 been read at large, a call of the roll was had resulting as follows** 
 Yeas, 77; nays, 1. 
 
 Those voting in the affirmative are: Messrs. 
 
 Adams 
 
 Adamkiewicz 
 
 Baldwin 
 
 Barr 
 
 Beckman 
 
 Brandon 
 
 Brenholt 
 
 Brewster 
 
 Cary, C. D. 
 
 Carlstrom 
 
 Catron 
 
 Chew 
 
 Clarke 
 
 Coolley 
 
 Corlett 
 
 Cruden 
 
 Michal 
 
 Davis 
 
 Dawes 
 
 Dq Young 
 
 Dietz 
 
 Dryer 
 
 Dunlap 
 
 Dupuy, G. A. 
 
 Elting 
 
 Prole 
 
 Pyke 
 
 Gale 
 
 Ganschow 
 
 Garrett 
 
 Gee 
 
 Gilbert 
 
 Goodyear 
 
 Gray 
 
 Mack 
 
 Shanahan 
 
 Green 
 
 McEwen 
 
 Shuey 
 
 Hamill 
 
 Miller 
 
 Six 
 
 Hollenbeck 
 
 Mills 
 
 Smith 
 
 Hull 
 
 Moore 
 
 Sutherland 
 
 Iarussi 
 
 Nichols 
 
 Taff 
 
 Ireland 
 
 O’Brien 
 
 Todd 
 
 Jack 
 
 Paddock 
 
 Torrance 
 
 Jarman 
 
 Parker 
 
 Wall 
 
 Johnson, L. C. 
 
 Pincus 
 
 Warren. 
 
 Johnson, W. A. 
 
 Pinnell 
 
 Whitman 
 
 Kunde 
 
 Quinn 
 
 Wilson 
 
 Datchford 
 
 Rinaker 
 
 Wolff 
 
 Lill 
 
 Rosenberg 
 
 Woodward 
 
 Lindly 
 
 Scanlan 
 
 Mr. President 
 
 igative are: 
 
 Mr. 
 
 Yeas— 
 
 . Tile Constitution, having received the 'Votes on third reading^f a 
 majority of the Delegates elected, was declared passed. 
 
 Hamill moved that the Committee on Phraseologj" and Style 
 now proceed to engross and enroll the Constitution. 
 
 And the motion prevailed. 
 
 The Com ention proceeding on the order of reports of standing com¬ 
 mittees, Mr. Clarke submitted the following report and moved its^adop¬ 
 tion : 
 
 REPORT. 
 
 The Committee on Phraseology and Style herewith submits to the Con¬ 
 vention the enrolled Constitution of 1922 caused to be made by this com¬ 
 mittee, pursuant to the resolution of June 28, 1922. 
 
 (Signed) Elam L. Clarke, 
 
 Thos. Rinaker, 
 
 Charles B. T. Mopre, 
 George A. Barr, 
 
 H. E. Torrance, 
 
 E. H. Brewster, 
 
 Committee. 
 
 The question being on the adoption of the report of the committee, 
 it was decided in the affirmative. 
 
 Mr. Clarke offered the following resolution and moved its adoption: 
 
 Resolution No. 40. 
 
 Resolved, That the enrolled Constitution of Illinois, adopted in Conven¬ 
 tion at the Capitol in the City of Springfield on the 12th day of September, 
 A. D. 1922, be authenticated as follows: 
 
 (1) That it first be signed by the President of the Convention; 
 
 (2) That it then be attested by the signature of the Secretary; 
 
 (3) That the delegates present in alphabetical order of names may 
 then attach their signatures; 
 
 That delegates present having authority from absent delegates to sign 
 the names of such absent delegates may do so; 
 
 The other delegates may have the privilege of signing the enrolled Con¬ 
 stitution in the office of the Secretary of State at any time on or before the 
 12th day of December, A. D. 1922, their respective signatures to be attested 
 by the Secretary of State; and 
 
838 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 That upon authentication as aforesaid, the President of the Convention 
 deliver it to the Secretary of State for record and deposit in his office. 
 
 And the resolution was adopted. 
 
 Thereupon, in accordance with the foregoing resolution and in the 
 presence of the Convention, the enrolled cop}'' of the new Constitution 
 was duly signed by the President and attested by the Secretary, and 
 in turn signed by each Delegate present, in alphabetical order of names, 
 as follows: 
 
 B. H. McCann, 
 
 Secretary. 
 
 Edward E. Adams, 
 Stanley Adamkiewicz, 
 Percival G. Baldwin, 
 George A. Barr, 
 William H. Beckman, 
 Rodney H. Brandon, 
 John J. Brenholt, 
 Edward H. Brewster, 
 Charles D. Cary, 
 
 Oscar E. Carlstrom, 
 
 B. L. Catron, 
 
 William H. Chew, 
 Elam L. Clarke, 
 
 E. B. Coolley, 
 
 Edward Corlett, 
 William H. Cruden, 
 Abel Davis, 
 
 Rufus C. Dawes, 
 Frederic R. DeYoung, 
 Cyrus E. Dietz, 
 
 John L. Dryer, 
 
 Henry M. Dunlap, 
 George A. Dupuy, 
 
 Philip E. Elting, 
 Joseph W. Fifer, 
 Thomas F. Frole, 
 
 Edgar E. Fyke, 
 
 George C. Gale, 
 William Ganschow, 
 Bruce H. Garrett, 
 Sylvester J. Gee, 
 
 G. Gale Gilbert, 
 
 A. F. Goodyear, 
 William S. Gray, 
 Henry I. Green, 
 
 Charles H. Hamill, 
 William T. Hollenbeck, 
 Morton D. Hull, 
 Michael Iarussi, 
 Charles H. Ireland, 
 James P. Jack, 
 
 Charles E. Woodward, 
 
 President. 
 Lewis A. Jarman, 
 Lawrence C. Johnson, 
 Watts A. Johnson, 
 Thomas C. Kerrick, 
 Ernest Kunde, 
 
 George P. Latchford, 
 Herbert F. Lill, 
 
 Cicero J. Lindly, 
 
 David E. Mack, 
 
 Willard M. McEwen, 
 Sylvester W. McGuire, 
 Charles J. Michal, 
 Amos C. Miller, 
 
 Andrew H. Mills, 
 Charles B. T. Moore, 
 James Nichols, 
 
 Martin J. O’Brien, 
 James H. Paddock, 
 Charles V. Parker, 
 
 S. E. Pincus, 
 
 B. H. Pinnell, 
 
 Frank J. Quinn, 
 Thomas Rinaker, 
 Michael Rosenberg, 
 William M. Scanlan, 
 David E. Shanahan, 
 Charles A. Shuey, 
 Rollo Six, 
 
 Arthur M. Smith, 
 Douglas Sutherland, 
 Albert E. Taff, 
 
 Hiram E. Todd, 
 
 H. E. Torrance, 
 
 William E. Trautmann, 
 William A. Wall, 
 
 Alvin Warren, 
 
 Frank S. Whitman, 
 Walter H. Wilson, 
 Oscar Wolff, 
 
 Charles Woodward, 
 Henry W. Meinert. 
 
 Mr. Green, from the Committee on Submission and Address, re¬ 
 ported that Mr. Ilamill had prepared an address to the people upon the 
 provisions of the new Constitution and thereupon Mr. Hamill presented 
 the following, which was read at large and unanimously adopted by the 
 Convention: 1 J 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 839 
 
 To the People of Illinois: 
 
 d “ from time to 
 
 tion adopted oni y 6 t wenty-ont! 3 year’ e arl^f J P ] d ' f Z ' SH r ■' With the Constitu - 
 mend a new Constitution tw earlier, elected a Convention to recom- 
 
 year their work was approved tr tZZ r° US w ‘ T U and in the Allowing 
 
 Charter then ado^d.SVas Uved^and p^spertT^ 0 ^ “ der the 
 
 so in lSl^the'peiiple^agafn'persuad'ecf^hat*re C ^ be£ ° re dictated change, 
 the calling of a Constitutional Convention^^and V1 intte W f a niio e(lUired ’ ™ ted £or 
 one hundred and two delegates charged with ti.1 i ^ following year elected 
 and of reporting back to those who ffa ^ d uty of consulting together 
 
 vention came fromevery parto7toe Ita Tbe men ot this Co “- 
 life. On almost every important i fr ° m ! llany different walks in 
 
 difference in opinions opinions often ! taere developed among them wide 
 yielded. Now after m’anv months o?^ £enacIO “ sJy Held and only reluctantly 
 during which differences have “ any other m011ths «f recess, 
 
 practical unanimity among the deiegates'anr^hev 3 •° oled ’ there has come 
 to the people of Illinois a Cons it , y Jom 111 recommending 
 
 deliberations. Constitution as it has been hammered out in their 
 
 represents all She'll operand'washes 1 of ‘“ strument is Perfect, or even that it 
 
 It is, as was the PederaTcnnsmntm y ,° ne man or of any group of men. 
 
 the result of compromise No volet sho^a &S aU such measures must be, 
 
 the mind to compare it with his hie ,i >■,!' t i. appI oacil its consideration with 
 
 Nor should it be an obieclhm that som’ a . thl ? 18 t0 condemn it in advance. 
 
 its pages, unless that provision is inthe‘ oTd' iS J 10t £ound w ithin 
 
 question presented to the people of Illinois is ^ The real and only 
 
 stitution, framed by your representatives better th ^! S P ro P° sed new Con- 
 whicb you now live? ^esentauves, better than the Constitution under 
 
 wholfstatel^Vher population “Tf? m.°T Z WeI£are ° £ the 
 m the knowledge that a Constitution is’not ’.,,,, 1 ’, “ be P ut aiul answered 
 statutory code. It is the function 0 “ a Comtiwi . < Pretend t0 be - a 
 
 form of government, to define the powers^nd duties n? tif pr ° vide foe the 
 of that government, and to put such limitstinns S 01 tbe P nnc >Pal agencies 
 
 government itself as experienc^ has sLwn are TecessaTv tZtZ™*™ ° £ ttld 
 
 Of liberty. Under our system the lem-siat™ ? ^ y to the Preservation 
 
 it or expressly given to otli“’ agenJifs anS so t„ t P ,° w ? r , not denied to 
 left the working out of the details of i iw* w’v to H le le S>slature must be 
 mistake, it can be speedily andeasily remedied A-V*® Iegislature makes a 
 stitution are much more difficult of cure For thcJ 1 ® mistakes 111 tlle Con- 
 has wisely confined itself to matters thought t l.TT tbe Convent 'on 
 to the General Assembly the wide and f. n'tfn nlm e s ? unda mental, and left 
 
 ing the merits of the Constitution now nfferL n ° f leglslation - In weigh- 
 be borne in mind. fteied, these considerations should 
 
 which muft^e 1 a^ t swered V °b t rth^rbaI P o t tt! IS “DoM a th SWer the ° ne duestion 
 tution, on the whole and in view of the’needs of al, Z°T ed n< 7 Consti - 
 whole State, promise better governmental ennriitfins « ' -s peopIe o£ the 
 stitution?” we who have wofkldthese man PreSent Con ‘ 
 ernment, here set forth in brief the nrinpinni^i 1S t ] °. im P r ove our gov- 
 and our reasons for believing that they are desirable 3 ® 1 WU1 be effeeted 
 
 Revenue. 
 
 tion U t^ the 6 T dee ? seated —ic- 
 
 prompted the calling of the ConstitnHmv,i n de *ective,- which principally 
 Of the State, the CmBtitS?«^^TOn^ C tS!® ,, I t 1 ,0,1 ■ SinCe the ^’.ndation 
 at a uniform rate. This was an admirable system fnThe eariyXaand^s 
 
840 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 long as the community remained homogeneous, with little diversity in prop¬ 
 erty rights and with small accumulations of intangible property. It is the 
 experience, however, of all governments that as population increases and 
 society becomes more complex, the uniform property tax becomes less and 
 less efficient as a means of raising revenue, and more and more inequitable 
 in its distribution of burdens upon the people. As long as most men are of 
 nearly equal wealth and all property consists either of land or personal 
 property of large bulk that cannot be easily concealed, the uniform property 
 tax is both fair and efficient, but as the forms of property multiply and 
 especially as intangible property increases both in amount and in diversity 
 of kind, the uniform property tax becomes less and less adapted to the needs 
 of society. The farm or lot and the houses thereon cannot escape the 
 assessor. So too it is difficult for live stock to be concealed. But diamonds 
 are not paraded on the day when the assessor appears and notes, mortgages, 
 bank balances, bonds and shares of stock are still more fugitive. Because 
 some conceal the property which is easily hidden and so escape taxation, it 
 becomes necessary to raise the rate upon the property which remains visible. 
 The increased rate adds to the temptation to conceal, with the result that 
 still more property disappears from the tax lists and this again results in 
 a higher rate. This interplay of increasing rate and disappearing personal 
 property has resulted in inordinately high rates of taxation upon those 
 forms of property which cannot be concealed, namely, real estate, and 
 tangible personal property. The result has been that the rate of taxation 
 has reached a point where it is recognized by all, even the taxing authorities 
 themselves, that if taxes be levied, as contemplated by law, upon intangible 
 property, a large proportion and, in some instances, all, of the income derived 
 therefrom would be confiscated by the State. The result of this has been 
 that there has grown up in some parts of the State a system of taxation 
 wholly outside the law. Assessors and taxing authorities generally do not 
 expect the owners of intangible property to report all of their holdings, as 
 the law theoretically requires, but have adopted an extra-legal method and 
 seek to make some fair approximation of the relative wealth of the indi¬ 
 vidual taxpayer as compared with his neighbors and asses him accordingly. 
 Any system of taxation which practically forces the taxing authorities to 
 adopt a system of their own, one not contemplated by law, is as vicious as 
 can be because, in effect, it vests in the taxing authorities an unrestrained 
 discretion to discriminate among the taxpayers and reward their friends and 
 punish their enemies. What was therefore originally an admirable system 
 of taxation and still appears theoretically fair has become the means of gross 
 injustice and the potential source of shocking corruption. 
 
 The experience of all civilized states in which society has become com¬ 
 plex has persuaded students of the subject that only through a diversified 
 system of taxation can revenue in adequate amounts for the needs of the 
 State be raised with a fair distribution of the burden of taxation. In a 
 self-governing community, every citizen must bear his share of the responsi¬ 
 bility of Government. Whatever the system of taxation may be, every man, 
 woman and child in the community pays some tax, whether or not they 
 know it. The tax upon the tenement house is recouped by the owner from 
 his tenants and the tax upon the store building is repaid to the owner by his 
 tenant who must make out of his sales of goods enough to compensate him 
 for the additional rent paid and so the tax upon the store building is eventu¬ 
 ally paid'by those who buy the shopkeeper’s goods. The citizen, however, 
 who thus pays his tax indirectly is ordinarilly not aware that he pays a tax 
 and is therefore not vigilent in watching and checking the expenditures of 
 government. The man who pays a tax directly is at once informed of his 
 interests in the expenses of government and his cooperation is promptly 
 enlisted in restraining unnecessary and extravagant expenditure. It is esti¬ 
 mated that out of the more than three million people in the County of Cook, 
 less than one hundred and fifty thousand directly pay any personal property 
 tax and there are only about three hundred thousand who pay taxes upon 
 real property. The total number of direct taxpayers in Cook county probably 
 does not exceed three hundred and fifty thousand. Of course, each one of 
 the more than three million people pays taxes indirectly. A system which 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 841 
 
 permits nine-tenths of the people to vote taxes paid directly by one-tenth 
 is an encouragement to thriftless government and does not serve to impress 
 upon the individual citizen the responsibilities which must be felt by every 
 citizen if self-government is to endure. 
 
 It is not the function of a Constitution to prescribe the details of tax¬ 
 ation. This must rest with the legislative department of the government. 
 With all the experience of the human race it must be confessed that there 
 is no recognized science of taxation. No one call tell in advance just what 
 will be the result of a given tax measure either in its capacity to raisd 
 revenue or in its capacity equally to distribute burdens. All that the Con¬ 
 stitution can do is to put those limitations upon the power of the General 
 Assembly which will preclude the more glaring inequalities and remove from 
 the legislators the temptation to favor one class as against another. 
 
 The present Constitution limits the power of the legislature practically 
 to providing for only one kind of tax. It is important to enlarge the power 
 of the legislature to diversify taxes so that instead of the revenue being all 
 raised by taxes upon real estate and the more obvious forms of personal 
 property, the burden shall be more equitably distributed and the number of 
 those who shall consciously pay taxes shall be recruited from the number of 
 those who, under the present system, pay taxes only unconsciously. 
 
 In several states, of recent years, an attempt to accomplish this end has 
 been made by permitting the legislature to classify property, imposing diff¬ 
 erent rates of taxation upon different classes of property. These laws are 
 still in the experimental stage and it was thought by the Convention not 
 wise to permit experiments along these lines which might easily tend to¬ 
 wards discrimination in favor of one class of taxpayer as against another. 
 ^ * ncome . t ax ’ as a measure for raising revenue, distributing the 
 
 burden of taxation more equitably and relieving real estate and tangible 
 personal property, is no longer in the field of experiment. Income tax laws 
 are upon the statute books of more than a dozen states and the reports from 
 those states indicate that they have been successful in raising revenue in an 
 equitable manner without disturbing business conditions or causing economic 
 distress. Among the states where income tax laws are in successful oper¬ 
 ation are New York, Massachusetts and Wisconsin. Realizing that the gross 
 inequality in our present system of taxation arises from the ease with which 
 intangible property escapes, we have provided that in lieu of tax by value 
 upon this class of property, the General Assembly may, if it sees fit, tax the 
 income derived from such property, but that if such a tax shall be imposed, 
 it must be substantial and at a uniform rate. In other words, it may not 
 be graduated or progressive. 
 
 Realizing too the success with which the general income taxes have 
 operated in all of the states in which they have been tried, we have also 
 framed the new Constitution so that the General Assembly may, if it sees 
 fit, impose a general income tax upon all incomes from whatever source 
 derived. This tax may be graduated and progressive but in order to protect 
 against gross inequality, especially in view of the heavy Federal income 
 taxes, it is provided that the highest rate shall not exceed three times the 
 lowest rate. And in order that the legislature may provide a workable 
 system of income taxes without pressing too hard upon those who are at the 
 margin of subsistence, it is provided that from the general income tax there 
 may be exempted income derived from personal service of not to exceed 
 $1,000 for the head of a family, plus $200 for each dependent child under the 
 age of sixteen years, and not to exceed $500 for any other person. This it 
 was thought would provide for reasonable exemptions and yet would make 
 the income tax so widely distributed as to remove the temptation which 
 otherwise might be present to raise the rates to a point that might be dis¬ 
 astrous to the industry of the State. 
 
 If a general income tax is imposed household furniture and the imple¬ 
 ments of agriculture and labor may be exempted from taxes and, in order 
 to avoid the injustice of double taxation, such deductions may be made as 
 will compensate for taxes paid by valuation on the property from which the 
 taxed income is derived. By these provisions it is hoped that the way has 
 been opened to such taxes upon incomes as shall give all citizens the oppor- 
 
842 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 tunity of contributing to the support of their State such reasonable amount 
 as they can well afford and as good citizens they will be glad to pay. 
 
 The new Constitution still provides, as did the old, that property, if 
 taxed, shall all be taxed at the same rate, but it is hoped that by opening 
 the dooi to the legislature for the enactment of a reasonable income tax law, 
 a considerable part of the State’s revenue may be so raised, with a conse¬ 
 quent relief of the burdens now resting upon real property and the more 
 obvious kinds of personal property. By increasing the kinds of taxation, it 
 is, of couise, not expected to increase the amount of revenue to be raised. 
 The amount of revenue depends upon appropriations and the more people 
 there are who consciously pay their taxes, the metre there will be who will 
 exercise a restraint upon the legislature and local taxing bodies in making 
 appi opriations. It is, therefore, to be expected that if the new Constitution 
 is adopted, an opportunity will be afforded to the legislature more equitably 
 to distribute the burdens of taxation and that there will at the same time 
 be added a restraining influence upon extravagance. 
 
 The Bill of Rights. 
 
 „ F '°f most P art > the Bill of Rights has been allowed to remain as in 
 the old Constitution but there are a few changes which experience has 
 proved are desirable. Under the existing Constitution, a defendant charged 
 with felony can not waive a jury and submit his cause to a judge. Experi¬ 
 ence in other states has proved that there is no reason why a defendant, 
 if he be so minded, may not waive a jury in cases other than capital and* 
 permit himself to be tried by a judge. Accordingly, the new Constitution 
 so permits. 
 
 Heretofore, no one could be held to answer for a felony except upon 
 indictment by the grand jury. In communities where grand juries are held 
 only at intervals of several months, one arrested who cannot give bail is 
 kept in jail a, waiting the action of the grand jury. This has frequently 
 resulted in injustices to the innocent. In the larger communities there are 
 many instances of crime where the proof is clear. In these cases it is a 
 great waste of machinery to require first a preliminary hearing and then an 
 inaictment and then a trial before a petit jury and yet, under the existing 
 Constitution, there is no method by which the grand jury hearing can be 
 avoided. Under the proposed Constitution, all felonies, save capital cases, 
 may be prosecuted upon either indictment or information filed by either the 
 Attorney General or the State’s attorney, but no such information shall be 
 filed by the State’s attorney until after leave granted by the court upon a 
 showing of probable cause. These changes will certainly result in simpli¬ 
 fying criminal procedure and expediting prosecutions without the sacrifice 
 of protection to the innocent. 
 
 The new Constitution permits the General Assembly to make women 
 eligible as jurors. It also permits the General Assembly to provide for juries 
 of less than twelve in civil causes. This should result in saving much ex¬ 
 pense and bring great relief to citizens by diminishing the amount of jury 
 service required and no reason is perceived why litigants should not be as 
 well satisfied with the verdicts of smaller juries as they have been with those 
 of juries of twelve. 
 
 One of the defects existing under the present Constitution, especially 
 in the larger cities, is in the operation of that section which requires that 
 every defendant “except for capital offenses where the proof is evident or 
 the presumption great” shall be admitted to bail. Under this section old 
 seasoned offenders readily obtain bail and are turned out upon the streets 
 to renew their depredations while awaiting trial. Under the new Constitu¬ 
 tion, the provision with reference to bail is the same as that in the Federal 
 Constitution that “excessive bail shall not be required.” It will therefore 
 be within the sound discretion of the judge to whom application for bail is 
 made whether the accused shall be allowed his freedom pending trial. It is 
 to be expected that this discretion will be exercised favorably in the cases 
 of first offenders, but that bail will be denied to those whose past history 
 indicates how their time will be employed if they are not confined. This 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 843 
 
 “I* honest 
 
 ss ? ^"p^c 
 
 approved this course the reading- nf tlm T?ni mUnitieS wtiere Public opinion 
 ago, however, the Supreme Sour! bv^ rn a w*f WaS customa ^- A few years 
 stitution of 1870 forbids the reading nf thn rrm °® ini .9 i n » held that the Con¬ 
 vention, though zealous to mainta^hf ll ? lble ! n th . e schools - * The Con- 
 of church and state was convinced timt „ meilcan doctrine of the separation 
 public opinion in the State demands that in °y® rwtielmin S preponderance of 
 opinion approves passages of^be Rim t5 } ose communities where public 
 
 Without diLrimlnS fn favor of one version o? comment and 
 
 XKi SS the 
 
 puhiic schools without 
 
 Representation in the General Assembly. 
 
 repre^LfaL^Tn 1 ftfSenLal 7 Ass P emb5 011 iTLr'T f V, S °-° alled “* y 
 
 that Constitution that this provision wLiri ^ as kopecl by the framers of 
 each senatorial district a chance of being rP l? 1 ! 6 f to . tlie . minorit y party in 
 the General Assembly would more fairiv fL e P* rented, with the result that 
 
 the State. Unfortunately, in practical operatToTTnTf palltIca ‘ sentiment of 
 fits have not materialized. Too freauentw hv °V 6 \ ntlcipated bene- 
 
 ticanjT ■whSoutTcdfoice'^wit^the 1 res^lt^that 1131 ^ fkT'eiactors 8 havTTieerTpiTcl 
 
 Se^expe"^ Th°e ^t T ^ S r V£ 
 
 SH” new ^Constitution* 1^^ £ 
 
 When the Constitution of 1870 was adontod 
 county was less than 350 000 peonle out nf Population of Cook 
 
 half million for the whole sfate By he census otwZ tT tW ° , a “ d ° ne - 
 Cook county is over three million an/fifti 1 19w0, the Population of 
 6,485,000 for the whole State In flft ty t h° USancl out of a total of 
 Cook county has grown from less fli-, "'l f V.V. 1 ""’ t lei ' etore > the population of 
 Of the total population of The Sta?e r pe “if t0 “ ore than 47 P er cent 
 
 large an aggregation of people fn one compamtive^ T, believed that 80 
 under stress of circumstance would ^ ^ , y a11 area could > and 
 
 destinies of the wh“e State tol neonle of P n ? tlCal Unlt . and 80 control the 
 
 alter ITn te?** ■ cSSutnuS? 
 
 change since the apportionment based on theTensTTof WOO 6 “ 0 
 
 many of the delegates from nartc nf thTa 7 ce usus of 1900. There were 
 
 insisted that the representation of the neonl^nf°Pnnt 6 ° f ?°° k county who 
 Assembly should be limited in both th Q PlG ? f Cook c °uaty m the General 
 gates from Cook count? as a uni ™n„ ®® nate and the House, while dele- 
 weeks of debate and negotiation a’ n! d ? uc 1 a Provision. After many 
 tofore, the State has been divided was finaI,y effected. Here¬ 
 
 of which elected one senator and three renreVeTmt^T^TT- dlstricts - each 
 to increase the senatorial distriptQ t n P csentatl ^es. It is now proposed 
 
 in the County of cSok aid Mnl eight nlhe^f S™*”* Sha11 be 
 
 long as the proposed Constitution shafl remain iT effect ro^t® and . that s0 
 be limited to nineteen out of fiftv op™! ™} n 11 Cook county shall 
 
 is also to be divided into onThundred anT fiTvTn the Senate ' The State 
 tricts in accordance with the numbers of one’ 
 
844 
 
 JOURNAL OF TILE 
 
 [Sept. 12, 
 
 member of the House. The result of this is that Cook county is definitely 
 limited to nineteen out of fifty-seven members of the Senate but will have 
 the same proportionate representation in the House, based upon the number 
 of voters, which other parts of the State have. With two-thirds of the Sen¬ 
 ate composed of representatives of down State, Cook county could never 
 force through legislation which was inimical to the interests of that part 
 of the State outside of the County of Cook. On the other hand, as the people 
 of Cook county will have their proportionate representation in the lower 
 House, it is improbable that the people outside of Cook county will ever be 
 able to force upon the people of that county legislation plainly inimical to 
 their interests. Thus if there should arise a conflict of interest between 
 the people of Cook county and the people of the rest of the State each will be 
 protected against the other. In the adjustment recommended the Convention 
 has followed the precedents set by other states. In every state in which a 
 large proportion of the population resides in one political subdivision some 
 limitation is imposed upon the representation in the legislature of that area. 
 In order to avoid a continuance or repetition of the neglect of the General 
 Assembly to reapportion the State periodically as ordered by the Constitu¬ 
 tion it is provided that if the General Assembly shall fail to make any appor¬ 
 tionment it shall be the duty of the Secretary of State, the Attorney General 
 and the Auditor of Public Accounts to make the apportionment within ninety 
 days after the adjournment of the regular session of the year designated for 
 that purpose. 
 
 The Judiciary. 
 
 Notable changes are suggested in the organization and operation of the 
 courts. Although more than one-half of the people of the State live, and 
 more than one-half of the litigation which goes to the Supreme Court origin¬ 
 ates, in the Seventh Judicial District, which includes Cook county, under 
 the present Constitution that district elects only one member of the Supreme 
 Court and the rest of the State, containing less than half of the population 
 and furnishing less than one-half of the court’s business, elects six of the 
 justices. It is proposed that this shall be changed so that the court shall 
 consist of nine justices, three to be elected from the Seventh District, of 
 whom not more than two shall come from the same county. The Supreme 
 Court has for years been overburdened with the number of cases it has) 
 had to pass upon and an increase in the number of justices should lighten 
 the burden of each member of the court, and expedite its work. 
 
 Under the previous Constitutions it has been the custom for the legis¬ 
 lature to pass laws prescribing the practice, pleading and procedure in courts. 
 This has long been recognized as of doubtful value. While the practice has 
 perhaps not been inadequate in the less thickly settled communities, it has 
 not lent itself to the expeditious dispatch of business in the larger cities 
 and the result has been that the courts have been clogged and litigants have 
 been sometimes so delayed in securing their rights that the delay has 
 amounted to a denial of justice. Under the proposed Constitution, the 
 Supreme Court will have the power to prescribe the rules of pleading, prac¬ 
 tice and procedure and with its experience, passing, as it must, daily upon 
 the records of the trials made in the lower courts, it should be best able 
 to judge of the changes that can advantageously be made for the speedy and 
 sure administration of justice. 
 
 Indeed it is arguable that the making of laws by the General Assembly 
 regulating the practice in courts is an invasion of the power of the courts 
 and violative of the constitutional division of governmental powers into the 
 three divisions of executive, legislative and judicial. It would seem doubt¬ 
 ful if, consistently with this doctrine, the legislature can have more power 
 or right to prescribe how the courts should function than the courts have to 
 dictate how the legislature shall proceed about its business. An independent 
 judiciary is the strongest bulwark of the individual’s liberty. 
 
 No citizen can tell when the day may come when his all may depend 
 upon the proper functioning of the courts and no citizen therefore can afford 
 
CONSTITUTIONAL CONVENTION. 
 
 845 ' 
 
 1922 .] 
 
 mau e and dl man ent i^oiri e .“ lethod * by ,'y hich justice is administered between 
 man and man. Indeed, it may be said that the primary purpose of all gov- 
 
 ernment is the administration of justice. It is confidently believed thaf by 
 
 vesting in the courts themselves, especially the Supreme Court the dutv and 
 
 right to prescribe how they shall function, a great ad^Lce will be made to 
 
 tiTled^o- Cltizen wlla t the Constitution has always said he was en- 
 
 . . . • Eveiy peison ought to find a certain remedy in the law for all 
 injuries and wrongs which he may receive in his person, property or reputa¬ 
 tion. He ought to obtain right and justice by law, freely, without be^ng 
 dPiav 6 - t( p parcbase 2t ’ completely and without denial, promptly and without 
 
 in ^making 1 *its C ruleq a fcf 1 a 1 ? P os , s \ ble abuse of P° wer by the Supreme Courts 
 Assemb v to ?et a^fdP ded i b ! y a provision whic h permits the General 
 
 Mdure. * * d b special law an ^ rule of Pleading, practice or pro- 
 
 . Lon ^ smc ® It was found to be impossible for the' Supreme Court to re- 
 
 view the decisions in all of the cases in which appeals were praved from thp 
 
 lower courts and the legislature therefore created four AppXte Courts to 
 
 from « the • ,ud . 8es bay e been appointed by the Supreme Court, being chosen 
 
 toeo“ entlv m t e h^ tod44 “ 6 C , irCUit Co , u f rt - In Iater yeai ' s ’ i£ ba * developed that 
 irequentiy the judges can be spared for work in the Annellate Court mi„ 
 
 f/ v eat toeonvenience to litigants in the Circuit clX iMd? 
 
 layed by the additional duties imposed upon the Circuit Court judges. Under 
 
 n GW Can ® tltutl0n the Judges of the Appellate Court will not be judges of 
 the Giicuit Court. The existing law properly recognizes that thp rintv of 
 
 °to 4® 1 ?' ?e i r COlU 'i tS r6StS primarily u P° n the justices 
 e A me ? our t» t0 be discharged either directly by themselves or 
 
 through the Appellate Courts appointed by them, but it has 7 been a mistake 
 
 the CUctot'c 1 th t e . judges o£ tbe A PP e Hate Court should be selected only from 
 the Circuit Court judges. Accordingly, the new Constitution proposes that 
 
 the members of the Appellate Courts may be selected by the Supreme Court 
 it lout any restriction except that they must be resident within the district 
 or hich appointed, and as all judges of the Supreme, Appellate and Circuit 
 
 in U th a Vf s V bir ty-five years of age and licensed to practice law 
 n this State foi at least ten years. It is the belief of the delegates to the 
 Convention, many of whom are lawyers of large experience that these nro- 
 visions should both increase the usefulness of the Appellate Courts and 
 bring needed relief to the Circuit Courts. PP 6 courts and 
 
 There will be no more Probate Courts but there will be a Countv Court 
 in each county w T ith one judge and an additional judge for each 50 000 of 
 population over the first 50,000. The County Courts will have all the iuris- 
 diction heretofore vested m Probate Courts and concurrent jurisdiction with 
 
 nf roni f 1 F 0111 ? of testamentary trusts, construction of wills and partition 
 of leai estate where any such proceeding is incidental to its original iuris- 
 
 nfhpr n *’ eXC US + 1Ve J unsd mtion of appeals from justices of the peace and^uch 
 other jurisdiction as may be provided by law. The County Court will sit 
 
 ° thCT Citi6S in the “»»* « may “ 
 
 fe^js foi^mnpeitoated^by 
 
 fees but are to receive salaries from their respective towns or districts to bp 
 
 fixed by the county board, and any town or district may, by a maioritV vote 
 abolisb or res-tore both justices of the peace and consfables 
 » ^ ^°cr U AAA aS heretofore, will sit at the county seats, and if any citv 
 
 ” ore tha " MOO population maintains suitable facilities for holding court 
 the Circuit Court may also sit there. City courts are abolished S ’ 
 
 I he Cncuit, Superior, Criminal, County and Probate Courts nf Pnnt 
 County, the Municipal Court of Chicago, and the City Court of Chicago 
 eights are all consolidated into one Circuit Court, with a civil and a 
 criminal division. The Supreme Court will assign the judges of the Circuit 
 
 o C f°^ r b° f nf C t°n 0k , C0Unty t0 Sl e different divisi °ns and designate a chief jusUce 
 nf uff Fr divisi °ns ; The Supreme Court may authorize the chief justices 
 of the two divisions jointly with the advice and consent of the judges of the 
 
846 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 Ciicuit Court to appoint assistants who shall have such judicial and other 
 powers as the Supreme Court may prescribe. 
 
 Recognizing that the vesting of all jurisdiction in one court is in some 
 measure experimental, we have provided that after five years from the adop¬ 
 tion of the new Constitution, the General Assembly may divide the circuit 
 into two courts subject to a referendum to the voters of Cook county By 
 those who have made the most careful study of the workings of the courts in 
 many jurisdictions, it is confidently believed that by vesting all of the judi¬ 
 cial business of a large community like Cook county in one court, there will 
 be a great saving of expense and energy and that the people’s business be- 
 f°ie the courts will be transacted with greater dispatch and economy. 
 
 % 
 
 Executive Depabt^iext. 
 
 The principal change suggested in the Executive Department is that a 
 Treasurer shall be elected every four instead of every two years and shall 
 be ineligible for re-election for four instead of two years. The required age 
 of the Governor and Lieutenant Governor is increased from thirty to thirty- 
 fi\ e } ears. There is also a provision requiring each officer of the Executive 
 Department and the chief officer of each public institution to make a sworn 
 semi-annual report to the Governor of all moneys received or disbursed and 
 also, at least ten days before the beginning of the regular session of the 
 General Assembly, to report the condition of his office to the Governor who 
 shall transmit the reports to the General Assembly. 
 
 The State Treasurer is required, as part of each semi-annual report, to 
 show the daily balances of State funds in every bank and to accompany his 
 report with a sworn statement of an executive officer in charge of each 
 bank,- showing the payment of interest and other compensation made and to 
 be made by reason of such deposit. The effect of this should be to insure 
 that the State shall receive the benefit of all interest earned upon its de¬ 
 posits. 
 
 The State Auditor is also required to prescribe and supervise a uniform 
 system of accounts for all county officers. This should give an added 
 guarantee of the efficiency and honesty of county officers. 
 
 Counties. 
 
 The form of government of counties may be changed by law uniform as 
 to class of counties, but such change shall become effective in a county only 
 after approval by a majority of those voting on the question. This is a 
 highly important provision relieving from the rigidity of constitutional man¬ 
 date the government of the county and giving to the people of each county 
 a fair measure of self determination. The sheriff is to be allowed to succeed 
 himself, as he may not under present law. Each county (other than Cook) 
 is to have an assessor, which should produce within the county an equality 
 of taxation not now accomplished. 
 
 Legislative Depabtmext. 
 
 Some provisions regulating the procedure of the General Assembly 
 which have been dictated by experience are incorporated in the new Con¬ 
 stitution. For instance, when the two Houses have failed to agree on an 
 appropriation bill and it has been referred to a Conference Committee, there 
 has been opportunity to insert in the Conference Committee’s report items 
 of appropriation not discussed in either House and to secure the passage of 
 the Conference Committee’s report during the closing hours of the session. 
 In this procedure there has been abundant room for ill-considered and un¬ 
 wise appropriations. Accordingly, it is provided in the proposed new Con¬ 
 stitution that no subject matter shall be considered in any Conference Com¬ 
 mittee report on an appropriation bill unless such matter directly relates 
 to matters of differences between the two Houses and has been specially re¬ 
 ferred to the Conference Committee, nor shall the report of the Conference 
 Committee be acted upon until it shall have been printed and put upon the 
 
1922.1 
 
 COXSTITUTIOXAL COXVEXTIOX 
 
 847 
 
 H is considered. 
 
 appropriations. s y desirable protection against unwise 
 
 days after^ldjournmen/ofthe session'at'whTch 1 '^ 156 eff6Ct UntiI sixty 
 the existing Constitution law« to 1 ™ ‘ 7 S1 ? n at wblcb was enacted. Under 
 The time intervening between adjournment 011 Jl j ly 1 after tile adjournment, 
 short for any publicity so that ^ and r July 1 is commonly too 
 
 to obey laws of which they have Lve^heatri® State „ are frequently subject 
 ready means of "acquiring informLon^ heard ^ ° f WhiCh ‘ there a ™ no 
 
 farm lands^n^he^tafefbut only T^prova? of 7 £ °- le . ncling mone y upon 
 a general election. Such loans shall hi ‘ ? a majority o£ the voters at 
 
 three years and must be secured l,v fi7 amortlzed ln not to exceed thirty- 
 dccupy, and cultivate the land, ^ninak/n^?^ 8386 made by those who own . 
 to be given to persons honorable u.. g ? aas ’ reasonable preferences are 
 United States. Under this nrovlJon H * S' V? 7“ the armed £ °rees of the 
 may, if it thinks wise, institute a svsten^nfTf ‘ 7 the General Assembly 
 The°V he S °, il i by owners ra£ her ttan by tenants encouragemen£ to the 
 
 ated towns to villages and incorpor- 
 
 Of land and the location appearand sV™ governing the use and appearance 
 territory into Eones to 7“ of futures, and to divide 
 
 This is the so-called zoning p?ovilfoS may be a PPHed. 
 
 Milages the power to regulate buildine-s in ^tended to give to cities and 
 harmonious and logical development “Vvnp^ a f way as to Produce a more 
 cities in other states gives good reason ^Si^ 1611 ^ 1011 Wltb this system in 
 follow and that, on the whole values nf ^/ 1676 th f t desirabl e results will 
 
 ’ Values of real Property will so be conserved. 
 
 ^iiicAGO home Kule. 
 
 bee 6 n i0 h n ose W which°h lat6 Mr3 haya 
 
 tbe City of Chicago. A large part of YuJ f which have peculiarly affected 
 legislators has been consumed in the consideration° f tbe State ’ s 
 one comparatively small locality. In the nature of ° £ . problems Peculiar to 
 that same careful consideration to questions7"!, f 8 ' “ en do not Sive 
 
 or their constituents which they give to . do not concern them 
 
 constituents are directly Interested The* m which they or their 
 aded that it was wise to ^emov^tromthe^ehl o^tLY 8 the v efore Persm 
 activities and to vest in the authoritie?of the cL If nu- Gener ? 1 Asse mbly's 
 possible, all questions which affect the eitv Qn i ? £ Chicago, just so far as 
 
 state. Accordingly, it is provided that subTeet t° 1? affec ‘ the rest o£ the 
 General Assembly, Chicago is to possess’ fn.^r 1 th ? right o£ Vl ? t0 in the 
 complete power of local government and eni muaiclpal Purposes, full and 
 impose taxes or borrow money except as - tu ° - P fl e aPtlon ’ but may not 
 or by the Constitution itself.' The city mav rin'\ j £he General Assembly 
 frame a new charter, but the work of Hip 4 call an elective convention to 
 the voters of the city foradoption The ““/enUon must be submitted to 
 
 over State laws so far as the organization of thZ u° £ramed s| mll prevail 
 tribution of powers and the tenure nnri 1 * the city government, the dis- 
 
 ployees are concerned. d com Pensation of its officers and em- 
 
 Subject to regulation by general law tvio „;+, 
 operate, sell, pledge, lease or let public utiUHes or ™ ay acduire . construct, 
 thereof. The consent of the city is reouired to Z V ° r . seU the ser vice 
 or consolidation of any municipal coi-porS (excent l ® nlar S em ent 
 
 taxing powers within the city. If the citv arlrmtt Pt . th ® county ) exercising 
 for the consolidation with the city of ant or an 1 ? harter ’ it may provide 
 authorities, in whole or in nart 7™ • any ° r a ocal governments or other 
 The charter may t0 the city ^ 
 
 tary District of Chicago, but the citv shall ™* th the Clty of the Sani- 
 outside of its own limits. 7 h 1 exercise any taxing powers 
 
848 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
 In addition to any other indebtedness permitted, the city may, after 
 approval by the voters at a referendum election, issue bonds for the purpose 
 of acquiring, leasing, constructing or operating income-producing properties 
 for supplying transportation or water, but before the issuance of any such 
 bonds the city must provide‘for the collection of a direct annual tax suffi¬ 
 cient to pay the interest on the bonds and the principal thereof, within forty 
 years. After the city shall have issued bonds for such purpose, at least four 
 months before any tax levied for the payment of principal and interest of 
 the bonds becomes collectible, the city must deposit with the city treasurer 
 out of the gross earnings of the utility, a sum equal in amount to such tax, 
 which shall be used for the payment of the principal and interest and to the 
 extent that such funds are so deposited, the tax shall not be collected. The 
 city is further required, if it shall have acquired utilities pursuant to 'this 
 section, to maintain such rates for service as will be sufficient to pay the 
 principal and interest of the bonds issued for its acquisition and the cost 
 and expense involved in or incidental to the ownership, operation and main¬ 
 tenance thereof. Any taxpayer shall have the right to apply to the Circuit 
 Court of Cook County to enforce these obligations. 
 
 The purpose of these provisions, as may be clearly seen, is to permit 
 the City of Chicago, if a majority of its citizens so desire, to acquire and 
 operate transportation and water systems but only on condition that such 
 rates shall be charged as shall make the utilities so acquired self-supporting. 
 In other words, the city may not acquire a transportation system and furnish 
 to its patrons service at less than cost and compel the citizens generally to 
 hear the deficit through general taxation. The plan, it is believed, offers a 
 sound and safe method by wffiich the people of Chicago may, if they desire it, 
 construct any system of transportation or acquire any traction properties, 
 and operate them or lease them for private operation, as they may elect, 
 without imposing upon the taxpayers of the city the burden of paying for 
 properties which have been unwisely bought or unsuccessfully operated. 
 
 Other Revisions. 
 
 Among the other changes which will be effected*are these: (1) In Cook 
 county supervision of elections will not after 1925 rest with the county judge, 
 but will be subject to some elective officer or officers. It is not consistent 
 with the true functions of a judge that he should be burdened with the ad¬ 
 ministration of the necessarily complicated election machinery. (2) Public 
 money cannot be paid to sectarian institutions when public institutions are 
 available and when it is paid it shall not exceed the cost of maintaining 
 during their terms of commitment, neglected, defective, dependent or delin¬ 
 quent persons committed by courts to agencies under public inspection. 
 There is always danger in permitting public money to be paid to private 
 institutions and this section w T ould seem adequately to protect both the wards 
 of the State and the taxpayer. (3) Frequent elections are one of the burdens 
 of citizenship, especially when polling places are far from residences. Ac¬ 
 cordingly, it is provided that outside of the County of Cook all elections are 
 to be held on one day in November. In the even years State and Federal 
 officers will be elected and in the odd years the county and local officers. 
 
 A frequent complaint against the existing Constitution has been its 
 rigidity, the difficulty of amending it. It is of the nature of a Constitution 
 that it should have a degree of permanence. It is not intended to voice 
 transient opinions but to express the considered convictions of the people 
 upon fundamental questions. It should not, therefore, be the subject of 
 whim or caprice. On the other hand a Constitution is but the product of 
 human beings, prone to err. There must, therefore, be some method by 
 which it can be corrected without too great effort, nor should a small min¬ 
 ority be allowed long to block the way of a determined and continuing 
 majority to amend their form of government. The objections to the amend¬ 
 ing clause of the present Constitution are justified and we have accordingly 
 relaxed the provision by allowing amendments to be proposed by the Gen¬ 
 eral Assembly to two articles, instead of only one, at the same session, and 
 have changed the prohibition upon proposing an amendment to the same 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 849 
 
 Hnn C inQ^ te ^ er <» 111611 0 ? Ce in f0ur years so as t0 make apply onlv to a sec- 
 
 revision of thf ConStnHnn u a .^ 0 . nveution shall be called to recommend a 
 0n tne constitution it will be composed, as under the nresent Cnn^ti 
 
 utmn, of two delegates from each senatorial d strict but to comnmLS ?^ 
 
 the hm.ted number of districts in Cook county there shall be elected from 
 that county seven members at large elected trom 
 
 tion TI There r ar t e ¥ orco,?r P se 1 ®?£ lse ‘U ffe f ted ^ the proposed new Constitu- 
 . . ere ar e, ot couise, other alterations, but they are of ipq« momo-nt- 
 
 and it is impracticable here to detail them. The whole Constitution has heen 
 
 re-written and greatly improved in phrasing and arrangement Although 
 
 taYnTa n ho,r«7i SU ^T I 0 , 1 dealt with in tbe ConstituUon of 1870 it eon 
 
 tains about fifteen hundred fewer words than that instrument. 
 
 Conclusion. 
 
 the Ido e ptio g n e ol f Co^taUon Uti ^t^ V M a n f people is 
 
 government than that which contemplates seltrespec“fng anTint^g 4 
 
 n em f deliberatel y considering and voluntar ly adopting rules S 
 shall be binding upon themselves, and to which thev shall ,. lch 
 
 The people of Illinois are now called upon for the firsttiml inml!??*®' 
 years to enter upon this serious undertaking. The delegates to the (viv™ 
 tion have constituted but a committee to consider the changes that 
 them seem desirable, and to recommend such changes tn thp nin + y 
 
 If-nuonave s™ t EHontEf patient* S° u^n “t&sfoif‘f 
 
 given 
 
 "^1 
 
 decislom ^ n ° W hV6 aUd Wi “ by their ballots » just 'and wise 
 
 oELUTE U 1922 ’the election will be held to determine whether our 
 man of tbe we ! (are of the State shall be approved. On that date every 
 man and woman who loves his or her State should glory to discharge the 
 
 aJ the pons ' Uty ° f free men and free women aDd «*teter their opinions 
 
 Mr. Davis offered the following resolution and moved its adoption: 
 
 Resolution No. 41. 
 
 of state Secretar y ami be delivered by the President to the Secretary 
 And the resolution was adopted. 
 
 Mi. Davis offered the following resolution and moved its adoption: 
 
 Resolution No. 42. 
 
 and ^frp^w T ^ at the . President of the Convention is hereby authorized 
 d diiccted to have printed not less than one million copies of the Consti 
 
 disl“bute n i t n a m d t0SetIler f Witb the address to the people- E th President' 
 Delegate and that t P bfr» f SU °- 1 annotated Constitution and address to each 
 dirpu tw d th th p the remaining copies be distributed as the President may 
 
 no? eVthan'mST*? 1 iS / urtber “thortaed and directed to have printed 
 than 10,000 copies of said address to the people; that the President 
 —54 C J 
 
850 
 
 JOURNAL OF TRIE 
 
 [Sept. 12, 
 
 distribute 25 copies of such address to each Delegate and that the remaining 
 copies be distributed as the President may direct; that the President is 
 hereby authorized and directed to have printed, and bound in a suitable 
 manner, 130 facsimile copies of the enrolled Constitution from the original 
 setting of type for such enrollment, one copy for each Delegate, one copy 
 for the family of each deceased Delegate, one copy for each Delegate who 
 has resigned, one copy for each of the present elective State officers, one 
 copy to the State Library, one copy to the Historical Library, one copy to 
 the Supreme Court Library, one copy to each of the four Appellate Court 
 Libraries, two copies to the University of Illinois, one copy to the Legis¬ 
 lative Reference Bureau of the State and the remaining copies to be dis¬ 
 tributed as the President may direct. 
 
 And the resolution was adopted. 
 
 Mr. AY hitman offered the following resolution and moved its adop¬ 
 tion : 
 
 Resolution No. 43. 
 
 Resolved , That bound copies of the printed documents of this Conven¬ 
 tion be distributed by or under the direction of the President, as follows: 
 
 To each Delegate of the Convention: 
 
 One copy of each proposal offered; 
 
 Five copies of the journal of the Convention; 
 
 Five copies of the journal of the Committee of the Whole; 
 
 One cop\ of the reports of standing committees on proposals reported 
 by such committees, except the reports of the Committee on Phraseology 
 and Style; 
 
 Two copies of the reports of the Committee on Phraseology and Style; 
 
 Ten copies of the debates of the Convention. 
 
 To the Governor, Lieutenant Governor, Secretary of State, Auditor of 
 Public Accounts, Treasurer, Attorney General, Superintendent of Public 
 Instruction and to each Justice of the Supreme Court, one copy of the de¬ 
 bates. 
 
 To Illinois State Library, the Illinois Historical Library, the Illinois 
 Supreme Court Library, each Appellate Court Library, the Legislative Ref¬ 
 erence Bureau, the Library of the University of Illinois, the Law Library of 
 the University of Illinois, each five copies of each of such documents. 
 
 To each public library and each college library in the State, one copy 
 of the debates of the Convention. 
 
 To the Secretary of State, the remaining copies for general distribution. 
 
 And the resolution was adopted. 
 
 i he President laid before the Convention the following report: 
 
 In accordance with section 6 of an Act entitled, “An Act to assemble 
 a Convent! 011 to revise, alter or amend the Constitution of the State of 
 Illmms, approved June 21, 1919, in force July 1, 1919, the President reports 
 that on the first day of February, A. D. 1922, he certified to the Auditor of 
 Public Accounts the pay, mileage and allowance for the Delegates to the 
 Convention elected to fill vacancies, as follows: 
 
 Adam Adamkiewicz . 
 
 Edward E. Adams. 
 
 Charles D. Cary. 
 
 B. L. Catron. 
 
 B. H. Pinnell. 
 
 George W. Tebbens. 
 
 Totals . 
 
 Respectfully submitted, 
 
 Pay. 
 
 Mileage. 
 
 Allowance. 
 
 $2,000 
 
 00 
 
 $37 20 
 
 $50 
 
 00 
 
 2,000 
 
 00 
 
 5 40 
 
 50 
 
 00 
 
 2,000 
 
 00 
 
 29 20 
 
 50 
 
 00 
 
 2,000 
 
 00 
 
 
 50 
 
 00 
 
 2,000 
 
 00 
 
 22 60 
 
 50 
 
 00 
 
 2,000 
 
 00 
 
 37 50 
 
 50 
 
 00 
 
 $12,000 
 
 00 
 
 $131 90 
 
 Vi 
 
 CO 
 
 o 
 
 o 
 
 00 
 
 (Signed) Charles E. Woodward, 
 
 In the Hall of the House of Representatives, this 
 twelfth day of September, A. D., 1922. 
 
 President. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 851 
 
 The President laid before the Convention the further 
 expenses of the Convention, as follows: 
 
 report of the 
 
 Financial Report of the President. 
 
 hv pit® P 6 Si i ent submits herewith a report of the vouchers signed 
 J him under the provisions of an Act entitled “An Act to assemble a 
 Convention to revise alter or amend the Constitution of the State of 
 IUmms approved June 21 , 1919 , m force July 1 , 1919 ; and of an 
 Act entitled, An Act to appropriate the unexpended balance of the 
 appiopriation made by an Act entitled, ‘An Act to assemble a Conven- 
 tion to levise, alter or amend the Constitution of the State of Illinois * 
 
 ,o ” ** '■ m9 ~ w' 1 »t 
 
 tembffli.TD.m?' *" ““*1 " P *° " d ”“ l " ,Jlri « 
 
852 
 
 JOURNAL OF THE 
 
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1922.] 
 
 CONSTITUTIONAL CONVENTION 
 
 853 
 
FINANCIAL REPORT—Continued. 
 
 854 
 
 JOURNAL OF THE 
 
 [Sept. 12 . 
 
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FINANCIAL REPORT—Concluded. 
 
 872 
 
 JOURNAL OF THE 
 
 [Sept. 12, 
 
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1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 875 
 
 Mr. Wilson offered the following resolution and moved its adoption: 
 
 Resolution No. 44. 
 
 Resolved, That the President, with the approval of the Committee on 
 Expenditures and Supplies, be and he is hereby authorized to employ the 
 following clerical and stenographic and other assistants necessary to con¬ 
 clude the work of the Convention and the officers and committees thereof: 
 
 An Executive Secretary for the Committee on Submission and Address; 
 
 Two Clerks for the Committee on Submission and Address; 
 
 Five Stenographers and Copyists for the Committee on Submission and 
 Address; 
 
 Private Secretary to the President. 
 
 Legal Secretary to the President. 
 
 Three Stenographers for the use of the President, Secretary and the 
 Committee to Revise and Correct the Debates; 
 
 One Janitor for the office of the President and Secretary; 
 
 Two Proof Readers; 
 
 Assistant Secretary of the Convention; one Stenographer for the Secre¬ 
 tary of the Convention. 
 
 File Clerk in the office of the Secretary of the Convention; 
 
 That the compensation to be allowed and paid for the clerical, steno¬ 
 graphic and other assistants aforesaid shall not exceed ten thousand dollars; 
 
 That the President, with the approval of the Committee on Expenditures 
 and Supplies, may contract for and procure the necessary rooms, stationery 
 and office supplies, postage, printing, binding, express and other distribution 
 and committee expenses and may incur and pay all other expenses incident 
 to finally completing the work of the Convention and may approve and cer¬ 
 tify vouchers for such obligations and expenses to an amount not exceeding 
 seventy thousand dollars. 
 
 And the resolution was adopted. 
 
 Mr. Hamill moved that when the Convention adjourns today it 
 stand adjourned until Tuesday, October 10, 1922, at 10 :00 o’clock a. m. 
 
 And the motion prevailed. 
 
 Mr. Hamill moved that when the Convention adjourns on October 
 10, 1922, it stand adjourned sine die. 
 
 And the motion prevailed. 
 
 Mr. Smith moved that the President appoint a committee of three 
 Delegates to approve the Journals of the last three days of the Con¬ 
 vention. 
 
 And the motion prevailed. 
 
 The President thereupon appointed as such committee, Messrs. 
 Smith, Mills and Einaker. 
 
 Mr. Clarke presiding. 
 
 Mr. Shanahan offered the following resolution and moved its 
 adoption: 
 
 Resolution No. 45. 
 
 Resolved, That the thanks of this Convention should be and hereby are 
 tendered to the Honorable Charles E. Woodward for his uniform courtesy, 
 his unfailing fairness, and his distinguished ability as the presiding officer 
 of this body. Through all the long and trying days and nights of our sittings 
 his patience has never flagged and through the exacting hours of committee 
 service his intelligent advice, has been ever helpful. We acknowledge that 
 without his foresight, judgment and tact our task would have been far 
 harder and perhaps impossible. He has won not only our admiration and 
 respect but our affection as well. We therefore, direct that these imperfect 
 words of appreciation be spread upon the Journal of this day’s proceedings 
 
JOURNAL OF THE 
 
 876 
 
 [Sept. 12, 
 
 and an engrossed copy thereof be delivered to our President and friend, 
 Charles E. Woodward. 
 
 And the resolution was unanimously adopted b} r a rising vote. 
 
 Mr. Barr moved that a vote of thanks be extended by the Conven¬ 
 tion to its Secretary, B. H. McCann, and his assistants, for their uniform 
 and efficient services in the Convention. 
 
 And the motion was unanimously adopted by a rising vote. 
 
 Mr. Mills moved that when the Convention adjourns today it 
 adjourn with prayer by the Chaplain, Dr. A. E. Turner, President of 
 Lincoln College, of Lincoln. 
 
 And the motion prevailed. 
 
 Mr. Wilson offered the following resolution and moved its adoption: 
 
 Resolution No. 46. 
 
 Once more death has invaded our ranks. This time he stalked in un¬ 
 announced, more roughly than is usual, and smote our fellow Delegate, 
 Levy Mayer. He was still in his prime and of great intellectual power. If 
 his voice had not been silenced it might yet have been raised in unrivalled 
 eloquence to proclaim the merits of the Constitution he had helped to frame 
 for his adopted State. We deplore his going and here record our sense of 
 loss, our appreciation of his ability and our sympathy with those who loved 
 him. 
 
 And the resolution was unanimously adopted by a rising vote. 
 
 Mr. O’Brien moved that a copy of the foregoing resolution, suitably 
 engrossed, be forwarded to the family by the Secretary. 
 
 And the motion prevailed. 
 
 Mr. Wilson moved that the Convention do now adjourn. 
 
 And in accordance with the motion heretofore adopted, prayer was 
 offered by the Chaplain, and at the hour of 7 :15 o’clock p. m., the motion 
 prevailed and the Convention stood adjourned until Tuesday, October 
 10, 1922, at 10:00 o’clock a. m. 
 
1922.] 
 
 CONSTITUTIONAL CONTENTION. 
 
 877 
 
 TUESDAY, OCTOBER 10, 1922, 10 :00 O’CLOCK A. M. 
 
 The Convention met pursuant to adjournment. 
 
 The President presiding. 
 
 The President reported that he had delivered to the Secretary of 
 State, pursuant to Eesolution No. 40, adopted by the Convention on 
 September 12, 1922, the revised copy of the Constitution, duly authenti¬ 
 cated as enrolled by the Convention and adopted on September 12, 1922, 
 which copy so delivered to the Secretary of State reads as follows: 
 
 CONSTITUTION OF ILLINOIS. 
 
 Preamble. 
 
 We, the people of the State of Illinois, grateful to Almighty God 
 for the civil, political and religious liberties which He hath so long 
 pemitted us to enjoy and looking to Him for a blessing upon our en¬ 
 deavors to secure and transmit them unimpaired to succeeding genera¬ 
 tions, in order to form a more perfect government, establish justice, 
 insure domestic tranquility, provide for the common defense, promote 
 the general welfare and secure the blessings of liberty to ourselves and 
 our posterity, do ordain and establish this Constitution. 
 
 ARTICLE I. 
 
 Bill of Eights. 
 
 Section 1 .- All men are by nature free and independent and have 
 certain inherent and inalienable rights; among these are life, liberty 
 and the pursuit of happiness. To secure these rights and the protection 
 of property, governments are instituted among men, deriving their just 
 powers from the consent of the governed. A frequent recurrence to the 
 fundamental principles of civil government is necessary to preserve the 
 blessings of liberty. 
 
 Section 2. No person shall be deprived of life, liberty or property 
 without due process of law. 
 
 Section 3. The free exercise and enjoyment of religious profession 
 and worship without discrimination shall forever be guaranteed. iNo 
 person shall be denied any civil or political right, privilege or capacity 
 on account of his religious opinions. The liberty of conscience hereby 
 secured shall not be construed to dispense with oaths or affirmations, 
 excuse acts of licentiousness or justify practices inconsistent with the 
 peace or safety 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. The reading of selections from any version of the Old and 
 
878 JOURNAL OF THE [Oct. 10, 
 
 New Testaments in the public schools without comment shall never be 
 held to be in conflict with this constitution. 
 
 Section 4. Every person may freely speak, write or publish on 
 any subject but is responsible for the abuse of this liberty. In trials 
 for libel, civil or criminal, the truth when published with good motives 
 and for justifiable ends is a sufficient defense. 
 
 Section 5. The right of trial by jury shall remain inviolate but 
 may be waived except in capital cases. The general assembly may pro¬ 
 vide that women may be eligible to serve as jurors. Juries of less than 
 twelve in civil cases may be authorized by law. 
 
 Section 6. The right of the people to be secure in their persons, 
 houses, papers and effects against unreasonable searches and seizures 
 shall not be violated. No warrant shall issue without probable cause, 
 supported by affidavit particularly describing the place to be searched 
 and the persons or things to be seized. 
 
 Section 7. Excessive bail shall not be required. The privilege of 
 the writ of habeas corpus shall not be suspended unless in case of re¬ 
 bellion or invasion the public safety may require it. 
 
 Section 8. No person shall be held to answer for a capital offense 
 unless on indictment of a grand jury. Offenses which may be punished 
 by imprisonment in the penitentiary may be prosecuted by indictment 
 or on information filed by the attorney general or by a state’s attorney. 
 No such information shall be filed by a state’s attorney except by leave 
 granted, either in term time or in vacation, by a judge of a court of 
 record having jurisdiction of the offense, after a showing of probable 
 cause. All other offenses may be prosecuted a's provided by law. This 
 section shall not apply to cases of impeachment, cases arising in the 
 army and navy and in the militia, when in actual service in time of war 
 or public danger. 
 
 Section 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; to have process to compel the attendance 
 of witnesses in his behalf; and to have a speedy public trial by an im¬ 
 partial jury of the county or district in which the offense is alleged 
 to have been committed. 
 
 Section 10. No person shall be compelled in any criminal case to 
 give evidence against himself or be put in jeopardy twice for the same 
 offense. 
 
 Section 11. All penalties shall be proportioned to the nature of 
 the offense. No conviction shall work corruption of blood or forfeiture 
 of estate. No person shall be transported out of the state for any offense 
 committed therein. 
 
 Section 12. No person may be imprisoned for debt except upon 
 refusal to deliver up his estate for his creditors as prescribed by law or 
 in case of strong presumption of fraud. 
 
 Section 13. Private property shall not be taken or damaged for 
 public use without just compensation which, when not made by the state, 
 shall be ascertained by a jury. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 879 
 
 Section 14. No ex post facto law or law impairing the obligation 
 of contracts or making any irrevocable grant of special privileges or 
 immunities shall be passed. 
 
 Section 15. The military shall be in strict subordination to the 
 civil power. No soldier in time of peace shall be quartered on a house¬ 
 holder without his consent or in time of war except as provided by law. 
 
 Section 16. The people have the right to assemble in a peaceable 
 manner to consult for the common good, to make known then opinions 
 to their representatives and to apply for redress of griei ances. 
 
 Section 17. All elections shall be free and equal. 
 
 Section 18. Every person ought to find a certain remedy in the 
 law for all injuries and wrongs which he may receive in his person, 
 property or reputation. He ought to obtain right and justice h\ law, 
 freeffi, without being obliged to purchase it, completely and without 
 
 denial, promptly and without delay. 
 
 Section 19. Laws shall he applicable alike to all citizens without 
 
 regard to race or color. 
 
 ARTICLE II. 
 
 Powers and Form of Government. 
 
 Section 20. The legislative, executive and judicial departments 
 shall be separate and no one of them shall exercise powers properly 
 belonging to another. 
 
 Section 21. - The republican form of government of this State shall 
 never he abandoned, modified or impaired. 
 
 ARTICLE III. 
 
 Legislative Department. 
 
 Section 22. The legislative power shall be vested in a general 
 assembly consisting of a senate and a house of representatives. 
 
 Section 23. The general assembly at the regular sessions in nine¬ 
 teen hundred twenty-three, nineteen hundred thirty-three and every 
 twelve years thereafter shall apportion the state into fifty-seven sena¬ 
 torial districts each of which shall elect one senator and into one hundred 
 fifty-three representative districts each of which shall elect one repre¬ 
 sentative. The basis of apportionment for both houses shall be the 
 number voting for governor at the last regular election for that office 
 previous to the apportionment. Every district shall he formed of com¬ 
 pact and contiguous territory and shall be bounded by county lines 
 except in counties comprising two or more districts when such districts 
 may be bounded by precinct or ward lines.' 
 
 The territory now forming the county of Cook shall constitute 
 -nineteen senatorial districts. The territory forming the rest of the state 
 shall constitute thirty-eight senatorial districts. At each apportionment 
 the number so voting in the county of Cook shall be divided by nine¬ 
 teen and the quotient shall be the senatorial ratio for that territory and 
 the number so voting in the rest of the state shall be divided by thirty- 
 
880 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 eight and the quotient shall be the senatorial ratio for that territory. 
 The senatorial districts in each territory shall contain as nearly as prac¬ 
 ticable the ratio for that territory but in no case less than three-fourths 
 of such ratio. 
 
 At each apportionment the number so voting in the entire state 
 shall be divided by one hundred fifty-three and the quotient shall be 
 the representative ratio for the state. Representative districts shall 
 contain as nearly as practicable the representative ratio. . Xo district 
 shall contain less than four-fifths of the representative ratio. But a 
 county having less than four-fifths of the ratio may be joined with an 
 adjoining county having less than the ratio in forming a district; 
 counties having less than four-fifths of the ratio may be formed into 
 districts of one or more counties; such districts shall be as near the 
 ratio as practicable; and when of more than one county such counties 
 shall be adjoining. Counties comprising not less than one ratio and 
 three-fourths shall be divided into two or more districts. Eaeh district 
 in counties comprising more than two districts shall contain at least the 
 full ratio. 
 
 Section 24. If the general assembly fails to make any such 
 apportionment it shall be the duty of the secretary of state, the attorney 
 general and the auditor of public accounts to meet at the office of the 
 governor within ninety days after the adjournment of the regular session 
 of the year designated for that purpose and make an apportionment as 
 provided in section twenty-three of this constitution. 
 
 Section 25. Senators shall be at least twenty-five and representa¬ 
 tives at least twenty-one years of age. Xo person shall be a member of 
 the general assembly who holds any other lucrative public office or 
 employment (except as a militia officer or justice of the peace) or is not 
 a citizen of the United States or has not resided for five years in the 
 state and for two years next before his election in the territory forming 
 the district. 
 
 Section 26. Senators from even numbered districts shall be 
 
 elected in nineteen hundred twentv-four and those from odd numbered 
 
 «/ 
 
 districts in nineteen hundred twenty-six and every four years there¬ 
 after. Representatives shall be elected in nineteen hundred twenty-four 
 and every two years thereafter. Senators shall hold office for four years 
 and representatives for two years beginning on the day of the convening 
 of the regular session next after the election. Vacancies shall he filled 
 by special elections called by the governor. 
 
 TIME OF MEETING AND RULES. 
 
 Section 27. The general assembty shall convene at noon on 
 Wednesday after the first Monday in January in odd numbered years. 
 The secretary of state shall preside over the house of representatives 
 until a temporary presiding officer is chosen who shall preside until 
 a speaker is chosen. The lieutenant governor shall preside over the 
 senate and may vote in case of tie. The senate shall choose a president 
 to preside during the absence or pending the impeachment of the lieu¬ 
 tenant governor or while he acts as governor. 
 
1922.] CONSTITUTIONAL CONVENTION. 881 
 
 Section 28. The governor may convene the general assembly by 
 proclamation on extraordinary occasions; but it shall enter upon no 
 business save that stated in the proclamation or in one additional mes¬ 
 sage from the governor during the session. 
 
 Section 29. Members of the general assembly before entering 
 upon their duties shall take and subscribe the following oath or affirma¬ 
 tion: . . 
 
 I do solemnly swear (or affirm) that I will support the constitu¬ 
 tion of the United States and the constitution of the State of Illinois 
 and will faithfully discharge the duties of senator (or representative) 
 to the best of my ability; that I have not, knowingly or intentionally, 
 paid or contributed anything or made any promise in the natuie o 
 a bribe directly or indirectly to influence any vote at my election, that 
 I have not accepted, nor will I accept or receive, directly or indirectly, 
 any money or other valuable thing from any corporation, association 
 or person for any vote or influence I may give or withhold on any bill, 
 resolution or appropriation or for any other official act. 
 
 This oath shall be administered by a judge of the supreme or cir¬ 
 cuit court in the hall of the house to which the member is elected. 
 The secretary of state shall record and file the oath subscribed by each 
 member. Any member who refuses to take this oath shall forfeit his 
 office. Any member who is convicted of swearing falsely to or of vio¬ 
 lating his oath shall forfeit his office and be disqualified thereafter from 
 holding any office in this state. 
 
 Section 30. A majority of the members elected to each house 
 shall constitute a quorum. Each house shall determine its rules, choose 
 its temporary and permanent officers and judge the election and quali¬ 
 fications of its members. Each house may punish by imprisonment not 
 exceeding twenty-four hours (unless the offense is persisted in) any 
 person not a member guilty of disorderly or contemptuous behavior in 
 its presence; and by a vote of two-thirds of those elected and once only 
 for the same offense may expel a member. 
 
 Section 31. The doors of each house and of committees of the 
 whole shall be open except when in the opinion of the house secrecy is 
 required. Xeither house without the consent of the other shall change 
 its place of sitting or adjourn for more than three days. Each house 
 shall keep and publish a journal of its proceedings. Two members of 
 the senate or five members of the house may have the yeas and nays 
 taken on any question and entered upon the journal. Two members of 
 either house may have entered upon the journal in respectful language 
 the reasons for their dissent from or protest against any act or reso¬ 
 lution. 
 
 Section 32. Tf the two houses disagree as to time of adjourn¬ 
 ment, the governor on receiving a certificate of such disagreement from 
 either house may adjourn the general assembly to any time not beyond 
 the first day of the next regular session. 
 
 Section 33. By joint resolution concurred in on roll call by two- 
 thirds of the members elected to each house, the general assembly may 
 authorize committees to continue after its adjournment sine die and 
 until the next regular session convenes. 
 
 —56 C J 
 
882 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 LEGISLATIVE PROCEDURE. 
 
 Section 34. Xo law shall be passed except by bill. Bills may be 
 originated, amended or rejected in either house. 
 
 Section 35. The enacting clause of laws shall be: Be it enacted 
 by the People of the State of Illinois, represented in the General 
 Assembly. 
 
 Section 36. Xo act shall embrace more than one subject and that 
 shall be expressed in the title. Any act embracing a subject not ex¬ 
 pressed in the title shall be void only as to such subject. Xo act shall 
 be revived by reference to its title only. An act expressly amending an 
 act shall set forth at length the section or sections as amended. 
 
 Section 31. Appropriation bills to pay members, officers and 
 employees of the general assembly shall contain no provision on any 
 other subject. Appropriations for the offices of governor, lieutenant 
 governor, secretary of state, attorney general, treasurer, auditor of 
 public accounts and superintendent of public instruction shall be made 
 by separate bills for each office. 
 
 Section 38. Bills making appropriations of money out of the 
 treasury shall specify the objects and purposes for which the appropria¬ 
 tions are made and appropriate to them respectively their several 
 amounts in distinct items and sections. 
 
 Section 39. Xo subject matter shall be included in any con¬ 
 ference committee report on an appropriation bill unless such subject 
 matter directly relates to matters of difference between the houses and 
 has been specifically referred to the conference committee. Xo appro¬ 
 priation bill shall be passed and no report of any conference committee 
 on an appropriation bill shall be considered unless the bill or report 
 has been printed in its final form and placed on the desks of the mem¬ 
 bers at least three legislative days prior to the final passage of the bill 
 or the consideration of the report. 
 
 Section 40. Every bill shall be read b}^ title on three different 
 days in each house but the rules of either house may provide for the 
 reading of bills at greater length on second and third reading. 
 
 Section 41. Every bill and all amendments thereto, except an 
 amendment striking out an emergency clause, shall be printed before 
 final passage in each house. Xo bill shall become law unless on final 
 passage in each house a majority of the members elected concur by yea 
 and nay vote which shall be taken separately on each bill and entered 
 upon the journals. A hen passed by both houses a bill shall be signed by 
 the presiding officers thereof and the facts of printing, placing on the 
 desks of members, signing and presentation to the governor and the 
 date of such presentation shall be entered upon the journals. 
 
 Section 42. Every bill passed by the general assembly shall be 
 presented to the governor and if signed by him shall thereupon become 
 law. At the time of signing an appropriation bill the governor may 
 disapprove any section or item thereof by appending to the bill a state¬ 
 ment of his objections. If the governor does not approve a bill or if he 
 disapproves an appropriation bill in part, he shall return the bill with 
 his objections to the house where it originated. If thereafter such 
 disapproval bill or any disapproved section or item of an appropriation 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION, 
 
 883 
 
 bill is again approved by two-thirds of the members elected to each 
 house the bill or such section or item of an appropriation bill shall 
 become law notwithstanding the objections of the governor Any dis¬ 
 approved bill or disapproved part of an appropriation bnl shall be recon¬ 
 sidered first in the house where the bill originated and then sent with 
 the objections of the governor to the other house. Each house be ore 
 reconsidering shall enter the governor’s objections at large upon its 
 
 journal. ^ , g ^ returned by the governor within ten days, 
 
 Sundays excepted, after it is presented to him shall thereupon become 
 law as" if he had signed it. If the general assembly by adjournment 
 prevents its return the bill shall become law at the end of thirty days 
 after such adjournment unless within that time the governor flies the 
 
 bill and his objections with the secretary of state. 
 
 Section 43. No appropriation act shall take effect until tne nrst 
 day of July succeeding its enactment and no other act shall take effect 
 until sixty" days after the adjournment of the session at which it was 
 enacted; but in an emergency, the fact of which shall be expressed m 
 the body of the act, the general assembly may direct otherwise by a 
 vote of two-thirds of the members elected to each house. 
 
 LEGISLATIVE LIMITATIONS. 
 
 Section 44. No local or special law shall grant divorces, change 
 the names of persons or places; provide for opening, altering or voik- 
 ing public highways; vacate highways, public grounds or town plats; 
 regulate county or town affairs; create municipal corporations or amend 
 their charters; provide for summoning or impaneling juries, provide 
 for the management of common schools; regulate interest iates, legis¬ 
 late elections or designate places of voting; regulate the sale or mort¬ 
 gage of real estate of persons under disability; protect game or fish 
 unless by reasonable classification of waters; authorize feiries oi to 
 bridges;"remit fines, penalties or forfeitures; change the law of descent; 
 grant the right to construct railroad tracks; grant any special or ex¬ 
 clusive privilege, immunity or franchise; or grant or change any cor¬ 
 porate powers except those of educational, charitable, lefoimator) or 
 penal corporations, under the patronage and control of the state. 
 
 Section 45. No special law shall be enacted if a general law can 
 
 be made applicable. 
 
 Section 46. Lotteries and gift enterprises are forbidden. 
 
 Section 47. No liability due the state or any subdivision thereof 
 or any municipal corporation shall ever be released or extinguished 
 
 by law. 
 
 Section 48. No officer shall be elected or appointed by the general 
 assembly or by either house except their respective officers. 
 
 Section 49. No law shall be passed authorizing an}^ bank of issue 
 or authorizing the state to conduct, own any interest in or incur any 
 liability for any banking business. 
 
 Section 50. No law shall be passed authorizing the labor of any 
 convict confined within any penitentiary or other reformatory institu¬ 
 tion to be let to any corporation, association or person. 
 
884 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 IMPEACHMENTS. 
 
 Section 51. The governor and all civil officers of the state shall 
 be liable to impeachment for misdemeanor in office. The house of rep¬ 
 resentatives shall have the sole power of impeachment. A majority of 
 the members elected must concur therein. Impeachments shall be tried 
 by the senate, each senator being upon oath or affirmation to do justice 
 according to the law and the evidence. When the governor is tried the 
 chief justice shall preside. Xo person shall be convicted without the 
 concurrence of two-thirds of the senators elected. Judgment in case of 
 impeachment shall not extend beyond removal from office and disquali¬ 
 fication for any office under the state; but the person impeached whether 
 convicted or acquitted shall be liable to prosecution according to law. 
 
 PROVISIONS CONCERNING MEMBERS. 
 
 Section 52. The pay and mileage allowed each senator and rep¬ 
 resentative shall-he certified by the presiding officers of their respective 
 houses and entered upon the journals. Xo senator or representative 
 shall receive any other compensation or allowance. Xo law increasing 
 the pay or other allowance of members of the general assembly shall 
 take effect until the second regular session next following its enactment. 
 
 Section 53. Except for treason, felony or breach of the peace 
 senators and representatives shall be privileged from arrest while going 
 to, attending or returning from sessions of the general assembly. They 
 shall not be questioned elsewhere for any speech in either house. 
 
 Section 54. Xo person elected to the general assembly shall 
 receive or hold any lucrative civil appointment in this state during the 
 term for which he is elected. 
 
 Section 55. Xo member of the general assembly during his term 
 or within one year thereafter shall be beneficially interested directly 
 or indirectly in any contract, authorized by a law enacted during his 
 term,, with the state or any subdivision thereof or any municipal cor¬ 
 poration. 
 
 MISCELLANEOUS PROVISIONS. 
 
 Section 56. The general assembly shall pass liberal homestead 
 and exemption laws. 
 
 Section 57. The general assembly shall pass laws to encourage 
 forestry. 
 
 Section 58. The general assembly shall pass laws for the pro¬ 
 tection of operative miners, providing for ventilation and the construc¬ 
 tion of escapement shafts or other appliances securing safety in mines 
 and shall prescribe such penalties and punishments for the enforcement 
 thereof as it deems proper. 
 
 Section 59. The general assembly may provide (a) for opening 
 private roads to communicate with public roads, (b) for permitting 
 owners and lessees of lands and minerals to construct drains, ditches 
 and levees on, across or under the lands of others for agricultural, 
 sanitary or mining purposes, (c) for organizing drainage districts for 
 flood control or for sanitary or agricultural purposes with powers of 
 eminent domain and special assessment and (d) for making surveys 
 and straightening and improving water courses at the expense in part 
 
CONSTITUTIONAL CONVENTION. 
 
 885 
 
 1922.] 
 
 of drainage districts and in part of the state or any subdivision thereof. 
 This section and the three preceding sections shall not be construed as 
 limitations of the powers of the general assembly. 
 
 Section 60. The general assembly may authorize the state or 
 any subdivision thereof or any municipal corporation to take in fee 
 simple and to hold, lease or sell more land than is needed for a public 
 improvement whenever the court finds the excess is required to protect, 
 preserve or aid the improvement and is reasonable in quantity therefor. 
 
 Section 61. The general assembly shall not grant the right to 
 occupy the streets or public grounds of any municipal corporation with¬ 
 out its consent. 
 
 Section 62. The general assembly in order to promote the general 
 welfare may authorize cities, villages and incorporated towns to adopt 
 reasonable regulations governing the use and appearance of land and 
 the location, appearance, size and use of structures and to divide their 
 territory into zones to each of which special regulations may be applied. 
 Distinctions may be made between conditions existing at the time of 
 adoption of any such regulations and future conditions. Such regula¬ 
 tions shall not be enforced as to conditions existing at the time of their 
 adoption without payment of just compensation unless such regulations 
 might lawfully be so enforced irrespective of the provisions of this 
 section. Any statute in force at the time of the adoption of this con¬ 
 stitution (or any ordinance passed in conformity with such statute) 
 which comes within the provisions of this section shall he valid. 
 
 Section 63. The general assembly may provide for lending money 
 on farm lands in the state; hut no act providing therefor (or any 
 amendment thereto) shall take effect until it is approved by a majority 
 of those voting on the question at a general election. Such loans shall 
 be amortized in not to exceed thirty-three years and shall be secured by 
 first mortgages or deeds of trust made by those owning, occupying and 
 cultivating the lands pledged. Reasonable preferences concerning loans 
 may be given to persons honorably discharged from the armed forces 
 of the United States. 
 
 Section 64. Every stockholder of a bank shall be liable (in addi¬ 
 tion to any liability for his stock) to the amount of the par value of the 
 stock held by him for liabilities of the bank accruing while he held such 
 stock. The general assembly shall provide the manner in which that 
 obligation may be enforced. In every election for directors of a bank 
 each stockholder may cast, in person or by proxy, as many votes as shall 
 equal the number of directors to be elected multiplied by the number of 
 shares owned by him and may cumulate his votes for one candidate or 
 distribute them among several. 
 
 ARTICLE IV. 
 
 Executive Department. 
 
 Section 65. The executive department shall consist of a governor, 
 lieutenant governor, secretary of state, attorney general, treasurer, audi¬ 
 tor of public accounts, superintendent of public instruction and such 
 
JOURNAL OF THE 
 
 886 
 
 [Oct. 10, 
 
 other officers as provided by law. Except the lieutenant governor they 
 shall reside at the seat of government during their terms. 
 
 Section 66. The governor and lieutenant governor each shall be 
 at least thirty-five years of age and a citizen of the state for ten years 
 next before his election. Xo elective officer of the executive department 
 shall hold another office during the term for which he is elected. 
 
 Section 67. Xo state treasurer shall again hold that office within 
 four years after his term expires. The treasurer may be required by the 
 governor to give reasonable additional security and in default of so doing 
 his office shall be deemed vacant. 
 
 Section 68. The officers specifically named in section sixty-five 
 of this constitution except the superintendent of public instruction shall 
 be elected in nineteen hundred twenty-four and every four years there¬ 
 after. The superintendent of public instruction shall be elected in nine¬ 
 teen hundred twenty-six and every four years thereafter. The term of 
 office of every such officer shall be four years from the second Monday 
 of January next after his election. 
 
 Section 61). The election returns for officers of the executive de¬ 
 partment shall be sealed and transmitted by the returning officers to the 
 secretary of state directed to the speaker of the house of representatives. 
 Before that house proceeds to other business and immediately after its 
 organization, the speaker shall open and publish such returns in the 
 presence of a majority of each house assembled in the hall of the house 
 of representatives and then declare elected to each office the person so 
 shown to have the highest number votes therefor. The general assembly 
 by ballot in joint session shall determine contested elections for such 
 offices and in case of tie shall choose in like manner one of the persons 
 tied. 
 
 Section 70. The public records and papers of the executive de¬ 
 partment shall be kept at the seat of government. 
 
 Section 71. The officers of the executive department shall be paid 
 salaries and shall not receive to their own use any other compensation. 
 
 Section 72. Each officer of the executive department shall per¬ 
 form such duties as are prescribed by law. 
 
 Section 73. The supreme executive power shall be vested in the 
 governor who shall take care that the laws are faithfully executed. 
 
 Section 74. At the commencement of each regular session and at 
 the close of his term the governor shall inform the general assembly 
 of the condition of the state and recommend such measures as he deems 
 expedient. At the same times he shall account to the general assembly 
 for all funds subject to his order. 
 
 Section 75. The governor shall nominate and with the consent 
 bv yea and nay vote of a majority of those elected to the senate shall 
 appoint all officers whose appointment or election is not otherwise pre¬ 
 scribed by law. If a vacancy exists during the recess of the senate in 
 any office where the appointing power is vested in the governor subject 
 to the consent of the senate, the governor shall make a temporary ap¬ 
 pointment until the next meeting of the senate when he shall nominate 
 some person for the office. Xo person rejected by the senate shall be 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 887 
 
 nominated again for the office at the same session save on request of the 
 senate or he appointed to the office during the recess of the senate. 
 
 Section 76. For incompetency, neglect of duty or malfeasance in 
 office the governor may remove any officer whom he may appoint. 
 
 Section 77. The governor may grant reprieves, commutations 
 and pardons for all offenses after conviction on such terms as he thinks 
 proper; but the manner of applying therefor may be regulated by law. 
 
 Section 78. The governor shall be commander-in-chief ot the 
 armed forces of the state except when they are in the sei\ice ol the 
 United States and may call them out to execute the law, protect life or 
 property, suppress insurrection or repel invasion. 
 
 Section 79. If the office of governor becomes vacant the lieutenant 
 governor shall become governor for the residue of the term. If the 
 governor fails to qualify, is absent from the state or is under disability, 
 the powers, duties and emoluments of the office shall devolve upon the 
 lieutenant governor for the residue of the term or until the cause which 
 renders the governor incapable of performing his duties is removed. If 
 there is no lieutenant governor or if for any of the abo\e causes he n> 
 incapable of performing the duties of the office, its powers, duties and 
 emoluments shall devolve, first upon the president of the senate and 
 after him, for like causes, upon the speaker of the house of representa¬ 
 tives ; but each of them shall act only until the cause which renders the 
 officer having the prior right incapable of performing the duties of the 
 office is removed or until the vacancy is filled by election. 
 
 Section 80. If the office of secretary of state, attorney general, 
 treasurer, auditor of public accounts or superintendent of public instiac¬ 
 tion becomes vacant, the governor shall fill the vacancy by appointment 
 until a successor is elected and qualified. 
 
 Section 81. Each officer of the executive department and the 
 chief officer of each public institution of the state shall render under 
 oath to the governor a semiannual account of all moneys received or 
 disbursed. At least ten days before the regular session of the general 
 assembly each of these officers shall report the condition of his office to 
 the governor who shall transmit the reports to the general assembly. 
 Additional reports may be required of these officers by the governor. 
 
 Section 82. The state treasurer as a part of each semi-annual 
 report shall show the daily balances of state funds in his custody and 
 in every bank, safe or other place of deposit or safe keeping where such 
 funds were during the period covered by the report. Fie shall accompany 
 his report with a sworn statement of an executive officer in charge of 
 every such bank, safe or other place of deposit. Such statement shall 
 show each payment of interest or other compensation made or to be 
 made by reason of the deposit or use or keeping of any part of such 
 funds. 
 
 Section 83. There shall be a great seal of the State of Illinois to 
 be kept and used by the secretary of state as directed by law. 
 
 Section 84. The auditor of public accounts shall publish within 
 sixty days after the adjournment of each session of the general assembly 
 a statement of the expenses of such session, specifying the amount of 
 each item and to whom and for what paid. 
 
888 
 
 JOURNAL OR THE 
 
 [Oct. 10, 
 
 Section 85. A uniform system of accounts for all county officers 
 shall be prescribed and supervised by the auditor of public accounts and 
 their accounts shall be audited by him. 
 
 ARTICLE V. 
 
 Judicial Department. 
 
 Section 86. The judicial power shall be vested in a supreme court, 
 in appellate, circuit and county courts and in justices of the peace. 
 
 THE SUPREME COURT. 
 
 Section 87. The supreme court shall consist of nine justices one 
 of whom to be chosen by themselves shall be chief justice. 
 
 Section 88. The state shall be divided into seven districts for the 
 election of justices. The districts including the county of Cook shall 
 elect three justices, not more than two of whom shall at the time of their 
 respective elections reside in the same county. Each of the other six 
 districts shall elect one justice. L T ntil otherwise provided by law, the 
 seven districts shall remain as at the time of the adoption of this consti¬ 
 tution. 
 
 Section 89. One justice shall be elected in the first district in 
 nineteen hundred thirty-three; one justice shall be elected in.the second 
 district in nineteen hundred thirty-five; one justice shall be elected in 
 the third district in nineteen hundred thirty-three; one justice shall be 
 elected in the fourth district in nineteen hundred thirty-nine; one 
 justice shall be elected in the fifth district in nineteen hundred thirty- 
 seven; one justice shall be elected in the sixth district in nineteen hun¬ 
 dred thirty-seven; one justice shall be elected in the seventh district in 
 nineteen hundred thirty-one; one justice shall be elected in the seventh 
 district in nineteen hundred thirty-three; one justice shall be elected 
 in the seventh district in nineteen hundred thirty-five. The justices 
 from the seventh district shall be elected on the first Monday of June 
 in the years in which their terms expire and the justices from the first, 
 second, third, fourth, fifth and sixth districts shall be elected on the 
 first Tuesday after the first Monday of November in the years in which 
 their terms expire. The term of office of each justice shall be ten years 
 froip the date of his election. 
 
 Section 90. Whenever a quorum of the supreme court certifies to 
 the governor that it is unable to dispose of pending cases with reasonable 
 dispatch because of the death, disability or resignation of airy justice, 
 the governor shall designate a judge of one of the appellate courts to act 
 as a justice of the supreme court and receive the salary paid a justice 
 of that court until the vacancy is filled or the supreme court certifies 
 to the governor that the disability is removed. Such designation shall 
 not affect the term of such judge. 
 
 Section 91. The supreme court shall sit at the seat of govern¬ 
 ment. A majority of the justices shall constitute a quorum and the 
 concurrence of five shall be necessary for every decision. 
 
 Section 92. The supreme court shall have original jurisdiction in 
 cases relating to the revenue, in quo warranto, mandamus, habeas corpus* 
 
1922.] CONSTITUTIONAL CONVENTION. 
 
 prohibition and other cases involving questions of great public import¬ 
 ance and appellate jurisdiction in all cases. 
 
 Section 93. The supreme court shall have exclusive power to pre¬ 
 scribe rules of pleading, practice and procedure in all courts; but rules 
 not inconsistent therewith may be prescribed respectively by other coints 
 of record. Any rule of pleading, practice or procedure may be set aside 
 by the general assembly by a special law limited to that purpose. 
 
 Section 94. The supreme court shall appoint its clerk and a re¬ 
 porter of its decisions for terms of six years each subject to removal by 
 
 the court. 
 
 APPELLATE COURTS. 
 
 Section 95. There shall be an appellate court of the first district, 
 an appellate court of the second district, an appellate court of the third 
 district and an appellate court of the fourth district. They shall be of 
 uniform jurisdiction and have such districts and sit at such places as 
 
 provided by law. 
 
 Section 96. Each appellate court shall consist of three judges or 
 such multiple of three as the supreme court may from time to time, 
 determine. In appellate courts of more than three judges the supieme 
 court may assign the judges thereof to divisions of three judges each. 
 Each division shall select a presiding judge and the presiding judges 
 shall apportion the work of the court among the several divisions and 
 perform such other administrative acts as may be necessary. 
 
 Section 97. Judges of appellate courts shall be appointed by the 
 supreme court. The terms of judges of appellate courts shall be six 
 years and shall expire in the first district on December thirty-first, nine¬ 
 teen hundred twenty-eight, and in the other districts on December thirty- 
 first, nineteen hundred twenty-seven, and every six years thereafter re¬ 
 spectively, except that judges appointed to newly created divisions shall 
 hold office only until the last day of the pending term for appellate 
 judges. On or before January first, nineteen hundred twenty-nine, in 
 the first district and January first, nineteen hundred twenty-eight, in the 
 other districts and every six years thereafter judges of all the appellate 
 courts shall be appointed. The supreme court for cause shown of record 
 may remove any judge of an appellate court. 
 
 Section 98. The appellate courts shall hold such sessions as the 
 
 supreme court may direct. 
 
 Section 99. Each appellate court shall appoint its clerk for a 
 term of six years subject to removal by the court. 
 
 APPEALS AND WRITS OF ERROR. 
 
 Section 100. Appeals from and writs of error to circuit and 
 county courts may be prosecuted in all cases as follows: (a) to or from 
 the supreme court in all criminal cases where the punishment allowed 
 by law may be death or imprisonment in the penitentiary and in cases 
 where a franchise or a freehold or the validity of a statute is involved, 
 (b) to or from the appellate courts in such other cases as may be pre¬ 
 scribed by general rule of the supreme court and (c) to or from the 
 supreme court in all other cases. Except as above limited the supreme 
 
890 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 court by general rule may prescribe the final jurisdiction of appellate 
 courts unless otherwise provided by law. 
 
 CIRCUIT COURTS OUTSIDE THE COUNTY OF COOK. 
 
 Section 101. The state outside of the county of Cook shall be 
 divided into judicial circuits formed of contiguous counties as compact 
 in form and as nearly equal as circumstances permit having regard to 
 business, territory and population. The number of such circuits shall 
 not exceed one for every one hundred fifty thousand population except 
 that a circuit may be formed of a county or contiguous counties having 
 a population exceeding one hundred thousand if the business of the 
 circuit court or courts therein occupies nine months of the year. 
 Circuits may be changed by law but only at the first session of the 
 general assembly after the adoption of this constitution and at any 
 session next preceding an election for circuit judges. Xo such change 
 shall affect the term of any judge. 
 
 Section 102. In every circuit there shall be elected in nineteen 
 hundred twenty-seven and every six years thereafter three judges of the 
 circuit court whose terms shall be six years from the date of their 
 election. 
 
 Section 103. In every such county there shall be a circuit court 
 with original jurisdiction of all cases at law and in equity and such 
 other jurisdiction as provided by law. 
 
 Section 104. The circuit courts shall always be open for the 
 transaction of business. The circuit court shall sit at the countv seat 
 of each county. If a city of more than fifty thousand population in any 
 county provides and maintains suitable facilities for holding court, the 
 circuit court shall also sit in such city. In any city wholly or partly 
 in the county, whenever such city or part thereof has not less than five 
 thousand population, a majority of the judges of the circuit may provide 
 for holding sessions of court therein, if such city provides and maintains 
 suitable facilities for holding court. 
 
 CIRCUIT COURT OF COOK COUNTY. 
 
 Section 105. The territory now comprising the county of Cook 
 shall constitute one circuit and have a circuit court with original juris¬ 
 diction of all cases, matters and proceedings requiring judicial action 
 and jurisdiction of appeals from justices of the peace. 
 
 Section 106. There shall be elected to the office of judge of the 
 circuit court of Cook countv on the first Monday of June, nineteen 
 
 t kJ s 
 
 hundred thirty-one, nineteen judges as successors to the judges whose 
 terms expire in that } A ear; on the first Monday of June, nineteen hundred 
 thirty-three, nineteen judges as successors to the judges whose terms 
 expire in that year; and on the first Monday of June, nineteen hundred 
 thirty-five, twenty judges as successors to the judges whose terms expire 
 in that year. Thereafter on the first Monday of. June of the year in 
 which the terms of any judges of that court expire and ever} 7 six years 
 thereafter, successors to such judges shall be elected. Provision may 
 be made b}^ law for the election of an additional judge for every fifty 
 
CONSTITUTIONAL CONVENTION. 
 
 891 
 
 1922,] 
 
 thousand population in the county above three million four hundred 
 thousand. The number of judges may also be reduced by law. 
 
 Section 107. Judges of the circuit court of Cook county shall be 
 elected for terms of six years from the date of their election. At all 
 elections for judges the ballots therefor shall be separate and distinct 
 
 from the ballots for non-judicial officers. 
 
 Section 108. The circuit court of Cook county shall sit in die 
 city of Chicago but provision may be made by law for holding sessions 
 in other cities, villages or incorporated towns in the count} ha\ ing a 
 population of at least five thousand whenever suitable facilities for hold¬ 
 ing court are provided and maintained without expense to the county 
 
 or state. . . . 
 
 Section 109. The supreme court shall establish a civil division 
 
 and a criminal division of the circuit court of Cook county. Ihe 
 supreme court from time to time shall assign judges to service in the 
 two divisions and shall designate a judge to act as chief justice of each 
 division who shall have such administrative power and authority as 
 
 may be provided by the supreme court. .... 
 
 Section 110. The supreme court may authorize the chief justices 
 of the civil and criminal divisions jointly, by and with the advice and 
 consent of a majority of the judges of the court, to appoint assistants 
 who shall have such judicial or other powers and duties in respect to the 
 business before the court as the supreme court may prescribe. The 
 salaries of such assistants shall be fixed by the county board and paid 
 out of the county treasury. 
 
 Section 111. Electors of the county of Cook equal in number to 
 one-tenth of the total vote cast for president of the county board at the 
 last preceding election may file in the circuit court a petition to submit 
 to a vote the proposition whether the county shall adopt^ the system 
 hereinafter provided for the appointment of the judges of the circuit 
 court. Thereupon the chief justice of the civil division of that court by 
 an order entered of record shall call a special election for submitting 
 such proposition within three months after such order is entered. It 
 the proposition is approved by a majority of those voting thereon such 
 chief justice shall declare it adopted. If it is disapproved it shall not 
 again be submitted for six years. Upon the adoption of the proposition 
 the judges in office shall continue in office until removed as herein pro¬ 
 vided. After the adoption of the proposition the manner of choosing 
 judges of that court shall be as follows: The governor shall fill any 
 vacancy in that court by appointment from a list containing the names 
 of not less than four eligible persons for each vacancy, nominated bv a 
 majority of the supreme court, not more than one-half of such persons 
 -to be affiliated with the same political party. Thereafter each judge 
 shall hold his office during good behavior subject to removal as herein 
 provided. On the first Monday in June in the sixth year after the 
 election or appointment of every judge, or in the seventh year if the 
 sixth is an even numbered year, and on the same date in every sixth year 
 thereafter the electors of the county shall be given an opportunity at an 
 election to express their disapproval of such judge. If a majority of 
 those voting at any such election disapproves of any judge his office 
 
892 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 shall become vacant at the end of three months after the election and 
 for a period of six years thereafter he shall be ineligible to appointment 
 as a judge of such court; if such judge is not disapproved, he shall con¬ 
 tinue in office and begin a new term on the day of such election. All 
 elections under this section shall be conducted in the manner prescribed 
 by law. 
 
 Section 112. After five years from the adoption of this constitu¬ 
 tion the general assembly may divide the circuit court into, and the 
 jurisdiction thereof between, two courts both of which shall be governed 
 by the provisions of this article so far as applicable. Xo act providing 
 therefor shall become effective until approved by a majority of those 
 voting on the question at a general election in the county of Cook. 
 
 COUNTY COURTS. 
 
 Section 113. In each county except the county of Cook there 
 shall be elected in nineteen hundred twenty-seven and every six years 
 thereafter a judge of the county court except that contiguous counties 
 may by law be made a district in which one judge shall be elected for all 
 county courts in the district. An additional judge shall be elected for 
 every fifty thousand population or major portion thereof in a county 
 or district above a population of fifty thousand. The term of every 
 county judge shall be six years from the date of his election. 
 
 Section 114. In every such county there shall be a county court 
 which shall have (a) original jurisdiction of all matters of probate, 
 guardianship, conservatorship and apprenticeship, the administration 
 and settlement of estates of deceased persons and proceedings for the 
 sale of real estate where required for the administration and settlement 
 of such matters or estates, proceedings relating to taxes and assessments 
 and their collection, and criminal cases below the grade of felony, (b) 
 concurrent jurisdiction with the circuit courts in testamentary trusts, 
 construction of wills and partition of real estate where any such pro¬ 
 ceeding is incidental to its original jurisdiction, (c) exclusive juris¬ 
 diction of appeals from justices of the peace and (d) such other 
 jurisdiction as provided by law. 
 
 Section 115. County courts shall always be open for the transac¬ 
 tion of business. The court shall sit at the county seat and shall also 
 sit in cities in the county of twenty thousand population or more when¬ 
 ever suitable facilities for holding court are provided and maintained 
 without expense to the county or state. 
 
 JUSTICES OF THE PEACE. 
 
 Section 116. Justices of the peace and constables outside the 
 county of Cook shall be elected or appointed in such towns or districts 
 and such justices of the peace shall have such uniform jurisdiction a's 
 provided by law. They shall receive salaries from their respective towns 
 or districts to be fixed by the county board. 
 
 Section 117. The chief justice of the civil division of the circuit 
 court of Cook county shall appoint a justice of the peace and a constable 
 in each town or portion of town in the county outside the city of 
 Chicago, each of whom shall hold office for two years unless sooner re- 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 893 
 
 moved by such chief justice for cause shown of record. An additional 
 justice of the peace and constable may be appointed m every such town 
 or portion of town for every additional ten thousand population therein 
 or major portion thereof above a population of ten thousand. bi\c\\ 
 justices of the peace shall have the same jurisdiction and such constables 
 shall perform the same duties in the part of the county of Cook out sine 
 the city of Chicago as like officials in the rest of the state. The sa aries 
 of such justices of the peace and constables shall be fixed by the count} 
 
 board and paid by the county. 
 
 Section 118. The offices of justice of the peace and constable or 
 either of them may be abolished or restored in any town or district (or 
 in any town or portion of a town in the county of Cook or in that part 
 of the county of Cook outside the city of Chicago as a whole) by a 
 majority vote of the electors thereof voting on the question as provided 
 
 by law. 
 
 state's attorneys. 
 
 Section 119. There shall be a state’s attorne) elected in ^acli 
 county in nineteen hundred twenty-four and every four years thereafter 
 for a term of four years from the first Monday of December next after 
 his election. At the time of his election or appointment he must be 
 licensed to practice law in this state. 
 
 GENERAL PROVISIONS. 
 
 Section 120. Laws relating to courts having the same jurisdic¬ 
 tion and to the force and effect of the process, judgments and decrees 
 
 of such courts severally shall be uniform. 
 
 Section 121. The general assembly, upon due notice and oppor¬ 
 tunity for defense and for cause entered upon the journal of each house, 
 may remove any justice or judge upon concurrence m each house oi 
 three-fourths of its members elected. All other officers mentioned m 
 this article shall be removed from office on conviction for misdemeanor 
 in office. 
 
 Section 122. Provision may be made by rule oi the supreme couit 
 for the bringing of actions or proceedings in which a merelv declara¬ 
 tory judgment or decree or order is sought and for authorizing the 
 court to make a binding declaration of right whether .or not any conse¬ 
 quential relief may be claimed. „ 
 
 Section 123. Process shall runIn the* name of the 1 eople oi 
 the State of Illinois. Prosecutions shall be carried on: In the name and 
 by the authority of the People of the State of Illinois; and shall con- 
 elude: Against the peace and dignity of the People of the State of 
 
 Illinois. 
 
 Section 124. Justices of the supreme court and judges ol the 
 appellate and circuit courts shall be at least thirty-five years of age and 
 for at least ten years shall have been licensed to practice law in this 
 state and for such time in this state shall have been engaged in the prac¬ 
 tice of law or acted as judicial officers or both. Judges of the county 
 courts shall be at least thirty years of age and for at least five years shall 
 have been licensed and had like experience. 
 
JOURNAL OF ’HI 
 
 [Oct. 10, 
 
 891 
 
 Section 125. Judicial officers shall be commissioned by the gov¬ 
 ernor and the appointing power to fill vacancies in elective judicial offices 
 shall be vested in him except as otherwise provided herein. 
 
 Section 126. The officers of the judicial department shall reside 
 in the district, circuit or county for which they are respectively elected 
 or appointed. 
 
 Section 127. Justices of the supreme court and judges of the 
 appellate, circuit and county courts shall be paid salaries by the state 
 which shall be uniform for the several courts except county courts. In 
 the county of Cook judges of the appellate and circuit courts shall each 
 receive the salary paid such judges respectively in the rest of the state 
 and such further compensation from the county of Cook as provided 
 by law. 
 
 Section 128. Xo justice of the supreme court or judge of any 
 court of record so long as he holds such office shall receive any compensa¬ 
 tion, perquisite or benefit other than his salary or engage in the practice 
 of law. 
 
 Section 129. Whenever the supreme or appellate court districts 
 are changed they shall be formed of contiguous counties as compact in 
 form and as nearly equal in population as may be. Xo such change 
 shall affect the term of any justice or judge. 
 
 Section 130. The supreme court may temporarily assign judges 
 of the appellate courts from one district to another and judges of the 
 circuit courts from one circuit to another. 
 
 Section 131. If a judge of any circuit or county court is ap¬ 
 pointed judge of an appellate court, the vacancy so caused in the circuit 
 or county court shall be filled by appointment by the supreme court. 
 The judge so appointed to the circuit or county court shall serve until 
 his successor is elected and qualified. 
 
 ARTICLE VI. 
 
 Suffrage and Elections. 
 
 Section 132. Excepting only idiots and persons adjudged insane 
 or convicted of infamous crime and not restored to civil rights, every 
 citizen of the United States above the age of twenty-one years who has 
 resided in the state one year and (unless naturalized because of military 
 or naval service) in the United States five years shall be a qualified 
 elector. He may vote only in the election district and county in which 
 he has resided thirty and ninety days respectively next before such 
 election. 
 
 Section 133. Xo person shall be deemed to have lost his voting 
 residence because of absence in the service of the state or the United 
 States or to have gained a voting residence because he has been stationed 
 as a soldier, seaman or marine in this state. 
 
 Section 134. Votes shall be by ballot. 
 
 Section 135. Except for treason, felony or breach of the peace 
 electors shall be privileged from arrest during attendance at and in 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 895 
 
 going to and returning from elections. Militia duty shall not be required 
 of electors on election days except in time of war or public danger. 
 
 Section 136. In- that part of the state outside the county of 
 Cook no final election of officers, except justices of the supreme court 
 in the district of which the county of Cook is a part, shall be held save 
 on the first Tuesday after the first Monday of November which shall 
 be a holiday; but after the first day of January, nineteen hundred 
 twenty-seven, the general assembly by a vote of two-thirds of the mem¬ 
 bers elected to each house may provide for the election of officers at 
 other times. 
 
 Section 137. Every vacancy in an elective office which would 
 continue a year or more beyond the first regular election occurring after 
 ninety days shall be filled at such election; but such vacancy prior to 
 the qualification of the person elected and all other vacancies may be 
 filled by appointment. 
 
 Section 138. This article shall apply to all elections under this 
 constitution or other law. 
 
 ARTICLE VII, 
 
 Revenue and Finance, 
 revenue. 
 
 Section 139. The power of taxation shall never be surrendered, 
 suspended or contracted away. All taxes shall be levied and collected 
 only under general law and for public purposes. Taxes levied for state 
 purposes shall never be released, discharged or commuted. The specifi¬ 
 cation herein of objects and subjects of taxation shall not deprive the 
 general assembly of the power to require other objects or subjects to be 
 taxed in such manner as may be consistent with the principles of tax¬ 
 ation fixed in this constitution. 
 
 Section 140. Taxes may be imposed on privileges, franchises and 
 occupations, uniform as to class. 
 
 Section 141. The general assembly shall provide for the levying 
 of taxes upon property by valuation so that every person or corporation 
 shall pay a tax in proportion to the value of his or its property, such 
 value to be ascertained by some person or persons to be elected or ap¬ 
 pointed in such manner as the general assembly shall direct and not 
 otherwise. 
 
 Section 142. In lieu of any tax on intangible propert}^ or any 
 kind or class thereof, by valuation, the general assembly may provide a 
 uniform and substantial tax on the income derived therefrom. The 
 rate of such tax shall be uniform on all incomes taxed under this section. 
 
 Section 143. ‘ A general income tax may be imposed upon all net 
 incomes. If such income tax is graduated and progressive the highest 
 rate shall not exceed three times the lowest rate. 
 
 Section 144. Taxes on incomes shall be levied and collected only 
 by the state. The revenue raised under the general income tax shall be 
 apportioned to the state and to the taxing bodies as the general assembly 
 may prescribe. Of the revenue raised under any income, tax imposed 
 
896 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 under section one hundred forty-two of this constitution there shall be 
 used for state purposes the same percentage as is used from the total 
 revenue from taxes by valuation and the residue shall be returned to the 
 respective counties from which it was collected to be distributed among 
 the taxing bodies thereof as provided by general law. 
 
 Section 145. Exemptions and deductions may be allowed as fol¬ 
 lows and not otherwise: 
 
 First, the following classes of property and the income therefrom 
 may be relieved by general law from taxation; (1) public property; (2) 
 household furniture used as such up to five hundred dollars in value; 
 (3) parsonages'owned and used as such; (4) property used exclusively 
 for (a) agricultural and horticultural societies not organized for pecuni¬ 
 ary profit, (b) incorporated societies of war veterans, (c) cemeteries 
 not held for private profit and (d) school, charitable or religious pur¬ 
 poses. 
 
 Second, if a general income tax is imposed as authorized in section 
 one hundred forty-three of this constitution, the general assembly may 
 provide for; (1) an exemption of all household furniture and imple¬ 
 ments of agriculture or labor used as such without limit as to amount; 
 (2) an exemption from income derived from personal service of not to 
 exceed one thousand dollars to the head of a family plus two hundred 
 dollars for each dependent child under the age of sixteen years, and not 
 to exceed five hundred dollars to any other person; (3) such deductions 
 as shall compensate for taxes paid on property from which the taxed 
 income is derived or for income tax paid in lieu of a tax by valuation or 
 for taxes paid under section one hundred forty of this constitution. 
 
 Section 146. Areas devoted to forests or forest culture may be 
 classified for or exempted from taxation. 
 
 Section 147. Xo 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, 
 that company, in accordance with the provisions of the charter of that 
 company, approved February tenth, in the year one thousand eight 
 hundred fifty-one, shall ever be released, suspended, modified, altered, 
 remitted, or in any manner diminished or impaired by legislative or 
 other authority; and all moneys derived from that 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 purpose whatever. 
 
 Section 148. The general assembly may vest the corporate au¬ 
 thorities of cities, villages, incorporated towns and park districts, jointly 
 or severally, with power to make local improvements by special assess¬ 
 ment, by special taxation of contiguous property or otherwise. 
 
 Section 149. Xo owner of real estate shall be divested of title 
 default in payment of general or special taxes or assessments except 
 upon sale by the county treasurer or by forfeiture to the state and in 
 either case only after judgment of a court of record entered after notice 
 as provided by law. Xot less than two j^ears shall be allowed to redeem 
 from such sale or forfeiture. The general assembly may provide that the 
 holder of a tax title based on any tax sale hereafter made may waive 
 
CONSTITUTIONAL CONVENTION. 
 
 897 
 
 1922.] 
 
 claim of title to the land sold and be subrogated to the lien for the tax 
 or assessment for which the sale was made and proceed in equity to fore¬ 
 close such lien with additional penalties as provided by lav. 
 
 Section 150. The general assembly shall not impose taxes (ex¬ 
 cept income taxes as authorized in this article) in municipal corporation,' 
 for corporate purposes but may vest the corporate authorities thereol 
 with authority to assess and collect taxes for all corporate purposes and 
 shall require that all the taxable property within the limits of municipal 
 corporations shall be taxed for the payment of debts contracted undei 
 authority of law. Private property shall not be liable for such debts. 
 Taxes imposed by municipal corporations shall he uniform as to persons 
 and property. 
 
 FINANCE. 
 
 Section 151. All taxes levied for state purposes shall be paid into 
 the state treasury. 
 
 Section 152. No payment of money belonging to or tor the use 
 of the state shall be held to be made to any officer of the executive de¬ 
 partment until evidenced by the receipt of the state treasuiei. 
 
 Section 153. Each general assembly shall make appropriations 
 for the expenses of the government for a period of two years from the 
 first day of July of the year in which it convenes. After such appropria¬ 
 tions have been made the aggregate amount thereof shall not be increased 
 except by a vote of two-thirds of the members elected to each house. 
 All appropriations for any such two year period shall end with the 
 period except that obligations incurred during the period may be paid 
 within three months thereafter. 
 
 Section 154. No money shall be drawn from the state treasury 
 except under an appropriation made by law and on presentation of a 
 warrant issued by the auditor of public accounts. 
 
 Section 155. The state may contract debts (a) for meeting casual 
 deficits in revenue up to one million dollars, (b) for defense in wa,r, 
 suppressing insurrection or repelling invaision and (c) for the deep 
 waterway as provided in this constitution. Money so borrowed, shall be 
 applied only to the purpose for which it is obtained or for the payment 
 of the debts thus created. No other debt shall be contracted by the 
 state unless the law authorizing it is approved by a majority of those 
 voting for members of the house of representatives at a general election. 
 The general assembly shall provide for the publication of any such law 
 for at least three months before the election. Provision shall be made 
 when the debt is contracted for the annual payment of interest either 
 by a tax to be levied for the purpose or by setting aside other revenues. 
 Any law providing for such tax shall be submitted in like manner with 
 the law authorizing the debt and if approved shall be irrepcalable. 
 
 Section 15G. No county, town or school district shall become in¬ 
 debted in the aggregate including its existing debt to an amount exceed¬ 
 ing five per cent, and no municipal corporation to an amount exceeding 
 six per cent, of the value of the taxable property therein as ascertained 
 by the last assessment for state and county taxes previous to incurring 
 the debt. The corporate body incurring any such debt before or at the 
 time of doing so shall provide for the collection oi a direct annual tax 
 —57 C J 
 
898 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 sufficient to pay the interest on the debt and to pay the principal thereof 
 in substantially equal annual installments within twenty years. But 
 provision may be made before or at the time of incurring the debt for 
 the payment of any part of it before maturity. This section shall not 
 apply to or within the county of Cook. 
 
 Section 157. Except as otherwise provided in this constitution 
 the money or credit of the state shall never be used in aid of any public 
 or private corporation, association or person. 
 
 Section 158. Claims against the state under agreements made 
 without express authority of law shall be void except claims for expense 
 incurred for defense in war, suppressing insurrection or repelling in¬ 
 vasion. 
 
 Section 159. Except in payment of temporary rent, of tem¬ 
 porary hospital service, of purchase price or (in the event and only in 
 the event that public institutions or agencies are not adequate or avail¬ 
 able) of not to exceed the cost of temporarily maintaining and support¬ 
 ing during their terms of commitment, neglected, defective, dependent 
 or delinquent persons committed by courts of competent jurisdiction to 
 institutions or agencies under public inspection, no public money shall 
 be paid or other public property be given or applied for any sectarian 
 purpose or to any institution controlled by a church or sect. 
 
 ABTICLE VIII. 
 
 Local Governments. 
 
 counties. 
 
 Section 160. In each county the following county officers shall be 
 elected: a sheriff, a couffiw clerk, a treasurer who shall be ex officio col¬ 
 lector of taxes until otherwise provided by law, a coroner, a clerk of the 
 circuit court and, in counties of sixty thousand population or more, 
 a* recorder of deeds. 
 
 Section 161. In each county there may be a county superintend¬ 
 ent of schools whose qualifications, time and manner of election or ap¬ 
 pointment, term of office, powers, duties and compensation shall be 
 prescribed by law. 
 
 Section 162. The sheriff, the countv clerk and the treasurer shall 
 
 y k> 
 
 be elected in nineteen hundred twenty-six and every four years there¬ 
 after and the coroner, the clerk of the circuit court and the recorder of 
 deeds in nineteen hundred twenty-four and every four } T ears thereafter, 
 each for a term of four years. In counties not under township organiza¬ 
 tion a commissioner shall be elected in nineteen hundred twenty-three 
 and each year thereafter for a term of three years. The term of every 
 elective county officer shall begin on the first Monday of December next 
 after his election. 
 
 Section 163. The board of supervisors in counties under township 
 organization, the county commissioners of the county of Cook and the 
 county commissioners in counties not under township organization shall 
 constitute the county board of their respective counties. 
 
 Section 164. No elected county treasurer shall succeed himself. 
 
CONSTITUTIONAL CONVENTION. 
 
 899 
 
 1922.] 
 
 Section 165. Fees of county and town officers, as provided by law, 
 shall be uniform as to classes of counties or towns and for this purpose 
 
 there shall not be more than three classes of counties. . 
 
 Section 166. The organization and government ot and omces m 
 counties as provided in this constitution may be changed by law uniform 
 as to classes of counties; but any such law shall become effective m a 
 countv only after approval by a majority of those voting on the question. 
 
 Section 167. No county may abandon or adopt any form of or¬ 
 ganization unless a majority of those voting on the question shall ap¬ 
 prove the change. 
 
 Section 168. No county shall be changed m area unless the 
 change is approved by a majority of those voting on the question in each 
 county and each part affected. Any territory taken from a county shall 
 
 be liable for its proportion of the debt of such county. 
 
 Section 169. No county seat shall be removed unless three-fourths 
 of those voting on the question shall approve the removal to the place 
 designated except that a majority only shall be required to remove a 
 county seat nearer to the center of the county. No person shall vote on 
 the question unless he has resided in the election precinct ninety days 
 and in the county six months next preceding the election. Such question 
 shall not be submitted oftener than once in ten years, 
 
 COUNTIES OTHER THAN THE COUNTY OF COOK. 
 
 Section 170: There shall be an assessor in each county to be se¬ 
 lected as provided by law. The county clerk shall be ex offfco clerk of 
 the county court. In counties of less than sixty thousand population 
 the clerk of the circuit court shall be ex officio recorder of deeds. In 
 counties of fifty thousand population or more an auditor may be selected 
 
 as provided by law. . 
 
 Section 171. The compensation of all county officers (except the 
 
 county superintendent of schools) and the number and compensation gl 
 their employees shall be fixed by the county board and paid by the county 
 
 treasurer on the order of the county board. 
 
 Section 172. No county shall be so created or reduced as to con¬ 
 tain less than four hundred square miles nor shall any part of a county 
 within ten miles of its seat be taken for a new county. 
 
 Section 173. Unless authorized by a majority of those voting at 
 an election no county shall levy taxes in excess of three-fourths of one 
 per cent of valuation. But in case a county is made the unit for the levy 
 and collection of taxes for road and bridge purposes an additional 
 amount not exceeding three-fourths of one per cent of valuation for such 
 purposes may he levied which may be increased when authoiized by a 
 
 majority of those voting at an election. 
 
 This and the three preceding sections shall not apply to the county 
 
 of CookH 
 
 COUNTY OF COOK. 
 
 Section 174. The county business of the county of Cook shall be 
 transacted^ by a board of fifteen commissioners ten of whom shall be 
 elected from the city of Chicago and five from the rest of the county. 
 
900 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 Section 175. Each county officer in the county of Cook shall 
 receive as his sole compensation a salary to be fixed by law. Such salary 
 shall be less than the compensation of a judge of the circuit court of the 
 county. The circuit court by rule entered of record shall determine the 
 number and the county board shall determine the compensation of 
 deputies and assistants of the sheriff, treasurer, coroner, recorder of 
 deeds and clerk of the circuit court. 
 
 Section 176. The general assembly may consolidate with the city 
 of Chicago the portion of the county of Cook lying within the city. Any 
 law providing therefor shall adjust the powers, offices, rights and liabili¬ 
 ties of the county (both in the portion within the city and in the portion 
 outside the city) and may either devolve them in whole or in part upon 
 the city or provide otherwise for their exercise and assumption. When¬ 
 ever the entire powers of any office are taken away the office shall be 
 abolished. No such law shall take effect until approved both in the city 
 of Chicago and in the portion of the county lying outside the city by a 
 majority of those voting on the question. 
 
 Section 177. Unless authorized by a majority of those voting on 
 the question at an election the county of Cook shall never levy taxes in 
 excess of three-fourths of one per cent of valuation except such addi¬ 
 tional taxes as may have been authorized prior to the adoption of this 
 constitution. 
 
 CITY OF CHICAGO. 
 
 Section 178. Except as expressly prohibited by law the city of 
 Chicago is hereby declared to possess for all municipal purposes full and 
 complete power of local self-government and corporate action. This 
 grant of power shall be liberally construed and no power of local self- 
 government or corporate action shall be denied the city by reason of not 
 being specified herein. The city however may impose taxes and borrow 
 money only as authorized by the general assembly or by this article. 
 Until otherwise provided by the city charter the powers heretofore 
 granted the city shall be preserved and exercised in accordance with law 
 and the additional powers granted by this section shall be exercised by 
 or in accordance with city ordinances. 
 
 Section 179. The legislative authority of the city of Chicago, 
 from time to time and after approval of the proposition at an election 
 in such manner as it may provide, may call an elective convention to 
 frame a new city charter or to revise or amend any existing charter. 
 The proposals of any such convention shall be submitted to the voters 
 for adoption in tho, manner provided by it. Subsequent amendments 
 may also be proposed and submitted to the voters in such manner as 
 the charter may provide. State election laws and the powers and duties 
 existing thereunder shall be available for the purposes of this section. 
 The charter so framed, revised or amended and ordinances passed there¬ 
 under shall prevail over state laws so far as the organization of the city 
 government, the distribution of powers among its official agencies and 
 the tenure and compensation of its officers and employees are concerned. 
 Bates of compensation as well as conditions of appointment and promo¬ 
 tion in the classified civil service of the city shall be determined accord- 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 901 
 
 ing to a general plan which shall recognize merit and fitness as controll¬ 
 ing principles. A certified copy of such charter or any amendment 
 thereto shall be filed with the secretary of state within thirty days after 
 its adoption. 
 
 Section 180. The city of Chicago shall have power to take in fee 
 simple or otherwise or damage private property (including public utili¬ 
 ties and the privileges or licenses held in connection therewith) for pub¬ 
 lic use in accordance with law. 
 
 Section 181. The city of Chicago, subject to regulation by gen¬ 
 eral law, may own, acquire, construct, operate, sell, pledge, lease or let 
 public utilities or buy or sell the service thereof. 
 
 Section 182. The general assembly may enact local or special laws 
 relating to'the municipal affairs of the city of Chicago but such laws 
 shall not take effect until the city consents. A law which at the time 
 of its enactment is applicable to the municipal affairs of no other city 
 than the city of Chicago shall be deemed a local or special law. 
 
 Section 183. The consent of the city of Chicago whenever re¬ 
 quired by this article shall be expressed by ordinance but the general 
 assembly, the city charter or the ordinance may prescribe in addition 
 approval of the ordinance by the voters. 
 
 Section 184. The consent of the city of Chicago shall be required 
 for the creation, enlargement or consolidation of any municipal corpora¬ 
 tion (except a county) exercising taxing powers within the city or for 
 any increase of the taxing powers of any such municipal corporation 
 hereafter created or enlarged. No ordinance expressing consent to the 
 creation, enlargement or consolidation of any municipal corporation 
 shall take effect until ninety days after its enactment and if within that 
 time either five thousand voters or one-third of the legislative authority 
 of the city petition that body to submit the question at an election the 
 ordinance shall not take effect until approved by a majority of those 
 voting on the question. 
 
 Section 185. The charter framed, revised or amended under 
 section one hundred seventy-nine of this constitution may provide: 
 
 (a) For the consolidation with the city of Chicago of any or all 
 local governments or other authorities (in whole or in part) now or 
 hereafter exercising powers confined to the city limits; and also of that 
 part of any town (partly within and partly without the city) now or 
 hereafter lying within the city limits. After consolidation with the 
 city of any town (or part thereof) the powers of all officers therein 
 relating to collection of taxes shall be exercised by the county treasurer 
 until otherwise provided by law. 
 
 (b) For the consolidation with the city of Chicago of the Sanitary 
 District of Chicago and the Forest Preserve District of Cook County, 
 or either of them. No consolidation of either of such districts shall take 
 effect until approved at an election by a majority of those voting on the 
 question both in the district and in the city. The question of consolida¬ 
 tion of either district shall be submitted to the voters thereof as a 
 separate proposition and the election officials responsible for conducting 
 elections therein shall submit the question in the manner provided by 
 the charter. The city shall exercise no taxing power outside its limits 
 
902 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 by virtue of consolidating either district. Upon consolidation of the 
 Sanitary District of Chicago with the city of Chicago and until other¬ 
 wise provided by law, the city shall furnish without charge sewage 
 disposal service beyond its limits in the district, to the extent then 
 furnished by the district; and the city may be required by law to furnish 
 at cost additional or increased sewage disposal service in such territory. 
 All duties or obligations imposed by law at the time of such consolida¬ 
 tion for the benefit of the inhabitants of such territory or any part 
 thereof upon the city or the Sanitary District of Chicago with respect to 
 other forms of service shall be assumed by the city unless it is relieved 
 
 therefrom by the general assembly. 
 
 Any authority consolidated with the city of Chicago, under this 
 section shall be abolished and the city shall succeed to all the powers, 
 property and liabilities thereof. If any consolidation proposed under 
 this section fails to be approved at any election, the question may be 
 resubmitted from time to time in the manner provided by the charter. 
 
 Section 186. After any consolidation authorized by the foregoing 
 section has taken effect and until a new tax rate is fixed by law, the city 
 of Chicago may levy an additional annual tax equal to the amount of 
 taxes caused to be extended by the authority so consolidated upon the 
 collector's warrants in the year last preceding consolidation. 
 
 Section 187. The rights of the city of Chicago under the Act 
 for the Consolidation of Local Governments, approved June twenty- 
 ninth, nineteen hundred fifteen, or any amendment thereof are not 
 affected by this article. 
 
 Section 188. The general assembly may provide other methods 
 for consolidating local authorities with the city of Chicago subject to its 
 consent. 
 
 Section 189. After any consolidation authorized by this article 
 has taken effect the city of Chicago may become indebted in the aggre¬ 
 gate up to seven per cent of the full value of the taxable real property 
 therein as ascertained by the last assessment for state and county taxes 
 previous to incurring the debt. In computing such aggregate amount 
 there shall be included the existing indebtedness of the city and of all 
 municipal corporations within the city and also the city’s proportionate 
 share (determined according to valuation of taxable real property) of 
 the existing indebtedness of all municipal corporations partly within 
 and partly without the city. 
 
 Section 190. Neither the county of Cook nor any city, town, 
 school district or other municipal corporation in the county shall become 
 indebted in the aggregate including its existing debt to an amount 
 exceeding seven per cent of the value of the taxable real property therein 
 as ascertained by the last assessment for state and county taxes previous 
 to incurring the debt. The corporate body incurring any such debt, 
 before or at the time of so doing, shall provide for the collection of a 
 direct annual tax sufficient to pay the interest on the debt and to pay 
 the principal thereof in equal annual installments within twenty years. 
 But provision may be made at the time of incurring the debt for the 
 payment of any part of it before maturity. 
 
CONSTITUTIONAL CONVENTION. 
 
 903 
 
 1922.] 
 
 Section 191. The city of Chicago shall incur no new bonded 
 indebtedness (except for refunding purposes) without the approval at 
 an election of a majority of those voting on the question. 
 
 Section 192. The city of Chicago may issue bonds (m addition 
 to any debt otherwise permitted by this constitution) for the purpose 
 of acquiring, leasing, constructing or operating income-producing piop- 
 erty for supplying transportation or water. At or before the time of 
 issuing any such bonds the city shall provide for the collection of a 
 direct annual tax sufficient to pay the interest thereon and the piincipal 
 thereof within forty years. Unless otherwise provided in the ordinance 
 authorizing the issuance of any bonds for financing any such income- 
 producing public utility, such bonds shall be held to be issued under die 
 
 foregoing provisions of this section. 
 
 The city having issued bonds under the provisions of this section, 
 thereafter at least four months before any tax for the payment of the 
 principal and interest of any such bonds or for the payment of the 
 principal and interest of any other indebtedness incurred for financing 
 the same utility becomes collectible by law, shall deposit with the city 
 treasurer, out of the gross earnings or the rentals of the utility for 
 financing which the debt to be discharged by any such tax was incurred, 
 a sum equal in amount to such tax. The money so deposited shall be 
 used only to pay such principal and interest. To the extent that such 
 funds are deposited prior to the collection of any such tax it shall not 
 be collected. 
 
 The city having issued bonds under the provisions of this section 
 shall thereafter establish and maintain such rates or charges for the 
 service supplied or such rentals if the property is let for private opera¬ 
 tion as may be necessary to provide at least sufficient revenue to pay 
 (a) the principal and interest of all outstanding bonded or other in¬ 
 debtedness incurred for financing such utility and (b) the cost or 
 expense involved in or incidental to the ownership, operation or main¬ 
 tenance of such utility, including taxes, assessments and reserves for 
 repairs and renewals necessary to maintain the property in first-class 
 condition. 
 
 Any taxpayer of the city shall have the right, which shall not be 
 exclusive in him, to enforce the provisions of this section by appropriate 
 proceedings in the circuit court of the county. That court shall enforce 
 the provisions of this section and for such purpose shall have all neces¬ 
 sary powers including the power to regulate the service supplied by any 
 such utility. 
 
 Section 193. Each issue of bonds or other securities by the city 
 for financing any income-producing public utility shall be payable in 
 substantially equal annual installments of principal and interest com¬ 
 bined, beginning not more than five years from the date thereof. But 
 provision may be made at the time of incurring the debt for the payment 
 of any part of it before maturity. No such bonds or other securities 
 shall be issued without the approval at an election of a majority of those 
 voting on the question. The city of Chicago if it owns or operates any 
 such public utility shall conform to the same requirements for keeping 
 
JOURNAL OF THE 
 
 904 
 
 [Oct. 10, 
 
 accounts and for the audit thereof and for making reports as are pre¬ 
 scribed by law for a like utility privately owned. 
 
 If the city of Chicago constructs or acquires a subway or other 
 property for transportation purposes, it may let the property to an 
 operating company but only for such period of time as may be approved 
 at an election in the city by a majority of those voting on the question. 
 
 Publicly owned income-producing, property of the city of Chicago 
 (or of any local government or authority exercising powers within the 
 limits of the city) used for supplying transportation shall be taxed in 
 the same manner as privately owned property used for a like purpose, 
 notwithstanding any other provision in this constitution. 
 
 Laws may be passed in aid of this and the preceding section. 
 
 ARTICLE IX. 
 
 Public Servants. 
 
 Section 194. An office is a public position created by the consti¬ 
 tution or law continuing during the pleasure of the appointing power 
 or for a fixed time with a successor elected or appointed. An employ¬ 
 ment is an agency for a temporary purpose which ceases when that 
 purpose is accomplished. 
 
 Section 195. To hold any office created by this constitution a 
 person shall be a citizen of the United States, resident in this state 
 one year and able to read and write the English language. 
 
 Section 196. Xo person shall hold any public office who has 
 been convicted of an infamous crime or is in default as collector or 
 holder of public money or if he -holds any office under the United States 
 (except as a postmaster whose annual compensation does not exceed 
 three hundred dollars) or under a foreign government. 
 
 Section 197. All civil officers except members of the general 
 assembly and such inferior officers as may be exempted by law, before 
 they enter upon the duties of their respective offices shall take and 
 subscribe the following oath or affirmation: 
 
 I do solemnly swear (or affirm) that I will support the constitu¬ 
 tion of the United States and the constitution of the State of Illi¬ 
 nois and that I will faithfully discharge the duties of the office of 
 .to the best of my ability. 
 
 Xo other oath, declaration or test shall be required as a qualifi¬ 
 cation. 
 
 Section 198. All public officers shall hold office until their suc¬ 
 cessors have qualified. 
 
 Section 199. Xo public officer shall have his term extended by 
 law after his election or appointment. 
 
 Section 200. Xo legislative, executive or judicial officer and no 
 officer of any county shall receive to his own use any fees, fines, costs, 
 perquisites, percentages, interest, benefits, emoluments or allowances. 
 
 Section 201. Xo public officer shall have his compensation in¬ 
 creased or diminished during his term. 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 905 
 
 Section 202. No extra compensation or allowance shall he given 
 by law to any public officer, employee or contractor after service has 
 been rendered or contract made. 
 
 Section 203. Every public officer shall make a report under oath 
 at least semiannually to some official to be designated by law of all fines, 
 fees, costs, perquisites of office or public moneys collected. Every such 
 officer shall pay at least monthly to some official designated by law all 
 public moneys and interest thereon received by or for him.' 
 
 Section 204. No officer of this state shall be beneficiallv inter- 
 ested directly or indirectly in any contract with the state. No officer 
 of any subdivision of the state or of any municipal corporation or of 
 any board or commission shall be beneficially interested directly or 
 indirectly in any contract with the particular body of which he is an 
 officer. 
 
 Section 205. No statute of limitation shall begin to run in favor 
 of a public officer until an audit of his accounts has been made as pro¬ 
 vided by law. * 
 
 Section 206. Any public officer or employer or his beneficiary 
 may be given by law a vested interest in the accumulated portion of any 
 death, disability or retirement fund to which he is required by law to 
 contribute a part of his compensation; but such interest shall attach 
 only to the fund accumulated and shall impose no obligation on the 
 state to create or maintain such fund. 
 
 Section 207. All laws of the State of Illinois and all official 
 writings and legislative, executive and judicial proceedings shall be 
 conducted, preserved and published in no other than the English 
 language; but this shall not prevent the use of abbreviations in the 
 files and records of judicial proceedings. 
 
 ARTICLE X. 
 
 Education. 
 
 Section 208. 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. 
 
 Section 209. The general assembly shall make adequate pro¬ 
 vision for the maintenance and development of the University of Illi¬ 
 nois and the system of state normal schools. 
 
 Section 210. Property received for public education and the pro¬ 
 ceeds of such property shall not be diverted to another purpose except 
 that by consent of the school officers holding legal title special assess¬ 
 ments may be levied on school property. 
 
 Section 211. No school officer shall be financially interested in 
 any contract concerning any school with which he is connected or in any 
 book, apparatus or furniture used in such school. 
 
906 
 
 JOURXAL OF THE 
 
 [Oct. 10, 
 
 ARTICLE XI. 
 
 Militia. 
 
 Sectiox 212. The militia of the State of Illinois shall consist of 
 all able-bodied male persons resident in the state between the ages of 
 eighteen and forty-five, except such persons as now are or hereafter may 
 he exempted by the laws of the United States or of this state. Xo per¬ 
 son, because of conscientious scruples against bearing arms, shall be 
 exempted by the laws of this state from any military service declared 
 by the governor to he noncombatant. 
 
 Sectiox 213. All militia officers shall be commissioned bv the 
 
 ^ *■> 
 
 governor and may hold their commissions for such time as the general 
 assembly may provide. 
 
 Sectiox 214. Members of the organized militia in all cases ex¬ 
 cept treason, felony or breach of the peace shall be privileged from arrest 
 during their attendance at and in going to and deturning from musters 
 and military elections. 
 
 Sectiox 215. The military records, banners and relics of' the state 
 shall be preserved as enduring memorials of the patriotism and valor 
 of the men of Illinois. 
 
 ARTICLE XII. 
 
 Warehouses axd Commox Carriers. 
 
 Sectiox 216. Elevators and storehouses where property is stored 
 for compensation are public warehouses. 
 
 Sectiox 217. The manager of every public warehouse in cities of 
 over one hundred thousand population, or such population as may be 
 provided by law, shall post conspicuously each week in the office of the 
 warehouse a sworn statement of the amount and grade of grain and also 
 of the other property stored therein and of the warehouse receipts out¬ 
 standing and shall file a copy of the statement in a place designated by 
 law. Changes in quantity and grade of grain stored shall be noted daily 
 upon the statement in the warehouse. Unless the owner or consignee 
 consents different grades of grain shipped in separate lots shall not be 
 mixed. 
 
 Sectiox 218. The holder of a public warehouse receipt may al¬ 
 ways examine the property and the warehouse records thereof. 
 
 Sectiox 219. Railroads and other common carriers shall, at the 
 point of shipment, weigh or measure and receipt for the full amount 
 of grain and deliver it to the consignee or owner. 
 
 Sectiox 220. Railroads shall deliver grain to any consignee who 
 can be reached by an available track and shall permit connections so 
 that any public warehouse, coal bank or coal yard may be reached by 
 cars. 
 
 Sectiox 221. It shall he the duty of the general assembly to pass 
 ail necessary laws to prevent the issue of false and fraudulent warehouse 
 receipts and to give full effect to this article which shall be liberally con¬ 
 strued to protect producers and shippers. The enumeration of remedies 
 
1922 .] 
 
 CONSTITUTIONAL CONVENTION. 
 
 907 
 
 herein shall not be construed to deny to the general assembly the power 
 to prescribe by law such other remedies as may be found expedient or 
 to deprive any person of existing common law remedies. 
 
 Section 222. The general assembly shall pass laws for the inspec¬ 
 tion of grain and for the protection of producers, shippers and receivers 
 of grain and produce. 
 
 Section 223. Railroads are hereby declared public highways and 
 shall be free to all for the transportation of persons and property under- 
 such regulations as may be prescribed by law. The general assembly 
 shall from time to time pass laws establishing reasonable maximum rates 
 for the transportation of passengers and freight thereon. 
 
 Section 224. 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 of foi- 
 feitures of their property and franchises. 
 
 Section 225. Nothing in the two preceding sections shall be con¬ 
 strued to limit the powers of the general assembly. 
 
 Section 226. The owner shall retain the fee of land taken for 
 
 railroad tracks without his consent. 
 
 Section 227. Rolling stock and other movable property of com¬ 
 mon carriers shall be subject to execution sale. 
 
 ARTICLE XIII. 
 
 Canals and Waterways. 
 
 Section 228. In addition to the proceeds of the twenty million 
 dollars of bonds heretofore authorized for the deep waterway, ten million 
 dollars may be appropriated therefor and all or part thereof secured by 
 issuing bonds. The state shall make no other expenditure for any canal 
 or waterway or appurtenance thereto except from the income thereol 
 unless the expenditure is approved by a majority of all those voting at 
 a general election. 
 
 Section 229. Except as provided in this article no waterway or 
 canal owned or improved by the state shall be sold or leased until the 
 proposition therefor is approved by a majority of those voting at a gen 
 
 eral election. 
 
 Section 230. The general assembly may authorize the lease o 1 tin* 
 Illinois and Michigan Canal or any part thereof to provide terminals 
 in connection with the Illinois Waterway or other navigable channels. 
 Such terminals shall be for public use without discrimination. 
 
 Section 231. Leases of state canals and waterways and of stab' 
 property held in connection therewith including water power shall be 
 subject to revaluation every twenty years. 
 
 ARTICLE XIV. 
 
 Amendments to the Constitution. 
 
 Section 232. Whenever two-thirds of the members of each hous< 
 of the general assembly by a vote entered upon the journals concur thaf 
 
 / 
 
908 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 a convention is necessary to revise, alter or amend the constitution, the 
 question shall be submitted to the electors at the next general election. 
 If a majority voting at the election vote for a convention, the general 
 assembly at the next session shall provide for a convention to consist of 
 twice the number of members of the senate to be elected in the same 
 manner, at the same places and in the same districts as senators, plus 
 seven members to be elected at large from the county of Cook. The 
 general assembly in the act calling the convention shall designate the 
 day, hour and place of its meeting, fix the pay of its members and officers 
 and provide for their payment and for the expenses necessarily incurred 
 by the convention in the performance of its duties. Before entering 
 upon their duties the members shall take an oath to support the consti¬ 
 tution of the United States and the constitution of Illinois and to dis¬ 
 charge faithfully their duties as members of the convention. The quali¬ 
 fications of members shall be the same as those of senators and vacancies 
 shall be filled in the manner provided for filling vacancies in the general 
 assembly. The convention shall meet within three months after the 
 election and prepare such revision, alteration or amendments of the con¬ 
 stitution as it deems necessary. Such revision, alteration or amend¬ 
 ments shall be submitted to the electors for their ratification or rejection 
 at an election appointed by the convention for that purpose not less than 
 two months nor more than six months after its adjournment. Unless so 
 submitted and approved by a majority of those voting at the election no 
 such revision, alteration or amendment shall take effect. 
 
 Section 233. Amendments to the constitution may be proposed 
 in either house of the general assembly and if voted for by two-thirds 
 of the members elected to each house such proposed amendments to¬ 
 gether with the yeas and nays of each house thereon shall be entered 
 in full upon their respective journals. Such amendments shall be sub¬ 
 mitted in the manner prescribed by law to the electors for adoption or 
 rejection at the next election for members of the general assembly and 
 shall be published in full at least three months before the election. If 
 electors equal in number to a majority of the votes cast for members of 
 the house of representatives vote for the proposed amendments they shall 
 become part of the constitution. The general assembly shall not propose 
 amendments to more than two article of the constitution at the same 
 session nor to the same section oftener than once in four years. 
 
 SCHEDULE. 
 
 That no inconvenience may arise from the alterations and amend¬ 
 ments made to the constitution of this state and to carry them into effect 
 it is hereby ordained and declared: 
 
 Section 1 . All laws in force at the adoption of this constitution 
 not inconsistent therewith and all rights, actions, prosecutions, claims 
 and contracts of this state or of individuals or of bodies corporate shall 
 continue to be as valid as if this constitution had not been adopted. An 
 Act entitled, “An Act to Bevise the Law in Relation to Banks and 
 Banking,” approved June twenty-third, nineteen hundred nineteen, shall 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 909 
 
 continue in force unchanged until the first day of July, nineteen hundred 
 twenty-five and thereafter until revised, repealed, or amended. 
 
 Section 2. All fines, taxes, penalties and forfeitures due this state 
 under the present constitution and laws shall inure to the people of this 
 state under this constitution. 
 
 Section 3. Eecognizances, bonds, obligations, and all other instru¬ 
 ments entered into before the adoption of this constitution to the people 
 of this state or to any subdivision thereof or to any municipal corpor¬ 
 ation or to any public officer shall remain binding and valid. All crimes 
 and misdemeanors shall be tried and punished as if no change had been 
 made in the constitution of this state. 
 
 Section 4. All persons now holding offices or appointments shall 
 continue the exercise of the duties thereof according to their respective 
 commissions or appointments unless otherwise directed by this constitu¬ 
 tion or other law. 
 
 Section 5. Except as otherwise provided in this constitution and 
 subject to such changes in their duties as are prescribed therein, all per¬ 
 sons elected to office at the election in November, nineteen hundred 
 twenty-two, shall continue in office during the terms for which they are 
 respectively elected. 
 
 Section 6. In order that elections may be held regularly in Nov¬ 
 ember it is hereby provided as follows: 
 
 All officers elected to office prior to the election in November, nine¬ 
 teen hundred twenty-three, whose terms expire before that time, shall 
 hold office until their terms expire as now provided by law and at the 
 expiration of their respective terms their successors shall be elected at 
 that time to hold office during the regular terms provided by law and 
 until their successors are elected at the next ensuing November election. 
 
 All officers elected to office prior to the election in November, nine¬ 
 teen hundred twenty-three, whose terms expire after that date and who 
 are elected at other times than at the November election shall hold office 
 for the terms for which they are elected and until their successors are 
 elected at the next ensuing November election. 
 
 This section shall not apply to or within the county of Cook. 
 
 Section 7. The first apportionment for senators after the adop¬ 
 tion of this constitution shall provide that three of the additional sena¬ 
 tors shall be elected at the first election for terms of two years and the 
 other three additional senators for terms of four years. 
 
 Section 8. On the day this constitution is submitted to the people 
 for ratification an election shall be held for two justices of the supreme 
 court in the seventh judicial district. Every person in that judicial 
 district who is entitled to vote for this constitution shall be entitled to 
 vote for such justices. The election shall otherwise be conducted, re¬ 
 turns made and certificates of election issued in accordance with existing 
 laws. If it appears upon the canvassing of the votes for and against 
 this constitution that this constitution is not adopted, then no certifi¬ 
 cates of election shall be issued for such justices. If they are elected 
 and commissioned such justices shall hold office, one until the first Mon- 
 
JOURNAL OF THE 
 
 910 
 
 [Oct. 10, 
 
 day of June, nineteen hundred thirty-one and one until the first Mon¬ 
 day of June, nineteen hundred thirty-three. 
 
 Successors to the justices now in office shall be elected in the seventh 
 district on the first Monday of June and in the other districts on the first 
 Tuesday after the first Monday of November in the years in which their 
 respective terms expire. One justice for each of the first and third 
 districts shall be elected for a term to expire on the first Tuesday after 
 the first Monday of November, nineteen hundred thirty-three; one 
 justice for the second district shall be elected for a term to expire on the 
 first Tuesday after the first Monday of November, nineteen hundred 
 thirty-five; one justice for the fourth district shall be elected for a term 
 to expire on the first Tuesday after the first Monday of November, nine¬ 
 teen hundred thirty-nine; one justice for each of the fifth and sixth dis¬ 
 tricts shall be elected for a term to expire on the first Tuesday after the 
 first Monday of November, nineteen hundred thirty-seven; one justice 
 for the seventh district shall be elected for a term to expire on the first 
 Monday of June, nineteen hundred thirty-five. 
 
 Section 9. The clerk of the supreme court and the clerks of the 
 appellate courts in office at the time of the adoption of this constitution 
 shall continue to hold office during the terms for which they are respec¬ 
 tively elected. 
 
 Section 10. The judges of the circuit and superior courts of Cook 
 county now serving as judges of the appellate court of the first district 
 and its branches shall become judges of the appellate court of tire first 
 district under this constitution to hold office until January first, nine¬ 
 teen hundred twenty-nine. The judges of the appellate court of the 
 second district, the appellate court of the third district and the appellate 
 court of the fourth district under this constitution shall be appointed 
 b}r the supreme court as soon as may be after the adoption of this consti¬ 
 tution to hold office until January‘first, nineteen hundred twenty-eight. 
 
 Section 11. Until otherwise provided by law judges of the appel¬ 
 late court of the first district shall each receive the same salary as is 
 paid a judge of the circuit court of Cook county and judges of the 
 appellate courts of the second, third and fourth districts shall each 
 receive a salary of eight thousand five hundred dollars per annum. Such 
 salaries shall be payable in the same manner, at the same time and from 
 the same sources as the salaries of judges of the circuit courts within 
 such districts respectively. 
 
 Section 12. On May seventh, nineteen hundred twenty-three, the 
 circuit, superior, criminal, county and probate courts of Cook county, 
 the municipal court of Chicago and the city court of Chicago Heights 
 shall be consolidated into one court to be known as the circuit court of 
 Cook county and thereupon all such courts except that last mentioned 
 shall be abolished. The offices of judge and clerk of the city court of 
 Chicago Heights shall thereupon be abolished. 
 
 Section 13. The judges of the circuit, superior, county and pro¬ 
 bate courts of Cook county and the chief justice of the municipal court 
 of Chicago in office on May seventh, nineteen hundred twenty-three 
 (except the judges of the circuit and superior courts of Cook county 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 911 
 
 made judges of the appellate court of the first district by the adoption 
 of this constitution whose offices as judges of the circuit and superior 
 courts of Cook county thereby cease to exist) shall be judges of the 
 circuit court of Cook county as thus consolidated and shall continue to 
 hold office during the terms for which they are respectively elected or 
 appointed and until their successors are elected and qualified. The 
 associate judges of the municipal court of Chicago in office on May 
 seventh, nineteen hundred twenty-three, shall be associate judges of the 
 circuit court of Cook county as thus consolidated and shall continue 
 to hold office during the terms for which they are respectively elected 
 or appointed and until the first Monday of June next following, re¬ 
 spectively, when their respective offices as associate judges of that court 
 shall be abolished. There shall be elected to the office of judge of the 
 circuit court of Cook county for terms of six years, except as hereinafter 
 otherwise specifically provided, on the first Monday of June of the years 
 following: In nineteen hundred twenty-three, nine judges as successors 
 to the judges whose terms expire in that year; in nineteen hundred 
 twenty-five, one judge as successor to the judge whose term expires in 
 nineteen hundred twenty-four and one judge as successor to the judge 
 whose term expires in nineteen hundred twenty-five, together with eight 
 additional judges; in nineteen hundred twenty-seven, two judges as 
 successors to the judges whose terms expire in the year nineteen hundred 
 twenty-six, and seventeen judges as successors to the judges whose terms 
 expire in the year nineteen hundred twenty-seven; in nineteen hundred 
 twenty-seven, eight additional judges for terms of four years; and in 
 nineteen hundred twenty-nine, four judges as successors to the judges 
 whose terms expire in the year nineteen hundred twenty-eight, nine 
 judges as successors to the judges whose terms expire in the year 
 nineteen hundred twenty-nine, together with eight additional judges, 
 one of whom shall hold office for the term of two vears. 
 
 Section 14. Such associate judges of the circuit court of Cook 
 county shall perform such judicial duties as may be assigned to them 
 in the classes of cases which would have been within the jurisdiction of 
 the criminal court of Cook county at the time of the adoption of this 
 constitution and also in the classes of cases arising in the county of 
 Cook which would have been within the jurisdiction of the municipal 
 court of Chicago if they had arisen in the city of Chicago prior to the 
 adoption of this constitution. During their respective terms of office as 
 such associate judges they shall receive the salaries allowed them by 
 the laws in force on May first, nineteen hundred twenty-two, one-half 
 of which shall be payable out of the state treasury and one-half out of 
 the treasury of the county of Cook. 
 
 Section 15. The judges of the circuit courts in each circuit 
 (other than the .county of Cook) in office at the time of the adoption 
 of tin's constitution shall continue to hold office during the terms for 
 which they are elected or appointed and until their successors are elected 
 and qualified. 
 
 Section 1G. The judge of the county court of Cook county in 
 office at the time of the adoption of this constitution shall continue to 
 exercise during his term of office or until otherwise provided by law 
 the same control and supervision over all matters of election as now 
 
912 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 provided by law. The general assembly prior to July first, nineteen 
 hundred twenty-five, shall provide that all such authority and super¬ 
 vision shall devolve upon some elective county officer or officers. 
 
 Section 17. On December third, nineteen hundred twenty-three, 
 the county and probate courts in each county (other than the county of 
 Cook) where both exist shall be consolidated into one court to be known 
 as the county court. 
 
 Section 18. The judges of the county and probate courts (in 
 counties other than the county of Cook) in office on December third, 
 nineteen hundred twenty-three, shall be judges of the county court as 
 thus consolidated, at which time the office of judge of the probate court 
 or probate judge shall be abolished. They shall hold office during the 
 terms for which they were elected and until their successors are elected 
 and qualified. Counties having a population of less than seventy-five 
 thousand, which have a county judge and a probate judge at the time 
 of the adoption of this constitution, shall elect in nineteen hundred 
 twenty-seven two county judges. 
 
 Section 19. Unless the general assembly prior to December third, 
 nineteen hundred twenty-three, fixes the salaries of county judges and 
 probate judges (other than those of the county of Cook) who are made 
 judges of the county courts as thus consolidated, the salaries of such 
 judges after the date last mentioned and until otherwise provided by 
 law shall be as follows: The present salary of each judge shall be 
 increased to two thousand five hundred dollars in counties having a 
 population of fifteen thousand or less, to four thousand dollars in coun¬ 
 ties having a population of more than fifteen thousand and less than 
 forty thousand and to five thousand dollars in counties having a popula¬ 
 tion of forty thousand or more. Each county shall continue to pay the 
 present salaries until the whole of such salaries becomes payable out of 
 the state treasury as provided in this constitution. Until that time the 
 increase of salaries provided herein shall be payable monthly out of the 
 state treasury. The word population as used in this section means the 
 population as shown by the federal census of nineteen hundred twenty. 
 
 Section 20. The provisions of section one hundred twenty-eight 
 of this constitution so far as they affect the judges of county and probate 
 courts (outside the county of Cook) shall not become effective until 
 December third, nineteen hundred twenty-three, unless the general 
 assembly provides that increased salaries be paid prior to that date. 
 
 Section 21. The clerk of the circuit court of Cook county in 
 office on May seventh, nineteen hundred twenty-three, shall be clerk 
 of that court as consolidated by this schedule. The clerks of the superior, 
 criminal, county and probate courts of Cook county and the clerk of the 
 municipal court of Chicago on that date shall become associate clerks of 
 the circuit court of Cook county to hold office for the terms for which 
 they are respectively elected; and as near as may be they shall exercise 
 the same powers (including those relating to the appointment and 
 discharge of employees and to the collection and disbursement of 
 mone 3 r s), perform the same duties and receive the same salaries as on 
 May seventh, nineteen hundred twenty-three. If a vacancy occurs in 
 the office of clerk of the circuit court of Cook county prior to the election 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 913 
 
 in November, nineteen hundred twenty-four, such vacancy shall be filled 
 by a majority of the judges and associate judges of the circuit court of 
 Cook county by appointing one of such associate clerks who shall hold 
 office until the election in November, nineteen hundred twenty-four. 
 
 Section 22. The circuit court of each county is hereby continued 
 and on the first Monday of November, nineteen hundred twenty-seven, 
 the circuit and city courts in each county (other than the county of 
 Cook) where both courts exist shall be consolidated into one court to be 
 known as the circuit court and thereupon the offices of judge and clerk 
 of all such city courts shall be abolished. 
 
 Section 23. The offices of justice of the peace and constable 
 existing at the time of the adoption of this constitution shall be abol¬ 
 ished from and after the election or appointment and qualification of 
 justices of the peace or constables in their respective districts, towns or 
 portions of towns in accordance with the provisions of this constitution. 
 
 Section 24. The clerk of the county court of each county (other 
 than the county of Cook) in office on December third, nineteen hundred 
 twenty-three, shall be clerk of the county court as consolidated by this 
 schedule and the clerk of the probate court of each county (other than 
 the county of Cook) having a probate clerk shall become the chief deputy 
 county clerk of such county court during the term for which he is elected 
 and at the salary received by him at the time of the adoption of this con¬ 
 stitution; and as near as may be he shall exercise the same powers 
 (including those relating to the appointment and discharge of employees 
 and to the collection and disbursement of moneys) and perform the same 
 duties as on December third, nineteen hundred twenty-three. At the 
 expiration of the terms of office of the probate clerks in office on Decem¬ 
 ber third, nineteen hundred twenty-three, the office of probate clerk shall 
 be abolished. 
 
 Section 25. The bailiff of the municipal court of Chicago in office 
 on May seventh, nineteen hundred twenty-three, shall become associate 
 sheriff of the county of Cook and hold office during the term for which 
 he is elected. After the date last mentioned and during his term he 
 shall receive the same salary and have as near as may be the same 
 powers, duties and responsibilities as before that date, including the 
 selection, appointment and removal of his employees and the collection 
 and disbursement of moneys. 
 
 Section 26. Each court into which by the provisions of this con¬ 
 stitution other courts are consolidated shall immediately upon such 
 consolidation succeed to and assume jurisdiction of all causes, matters 
 and proceedings then pending in all courts of which it is the successor, 
 with full power and authority to dispose of them and to carry into 
 execution or otherwise to give effect to all orders, judgments and decrees 
 theretofore entered by the respective courts thus consolidated. 
 
 Section 27. From and after May seventh, nineteen hundred 
 twenty-three, and until otherwise provided by law, all matters of fees 
 and costs connected with proceedings in the circuit court of Cook county 
 shall be regulated by rules to be adopted by the supreme court. 
 
 Section 28. All judicial circuits established by law at the adop¬ 
 tion of this constitution shall be preserved until changed by law. 
 
 —58 C J 
 
914 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 Section 29. This constitution shall be submitted to the people of 
 the State of Illinois for adoption or rejection at an election to be held 
 on Tuesday December twelfth, nineteen hundred twenty-two. The 
 county clerks of the respective counties of this state shall give notice 
 between the first and tenth days of November, nineteen hundred twenty- 
 two, in the* manner required by law for notices of general elections that 
 at such election this constitution will be submitted to the electors of this 
 state for adoption or rejection. 
 
 Section 30. Every person entitled to vote under the provisions of 
 existing laws shall be entitled to vote for the adoption or rejection of this 
 constitution and such persons shall vote by ballot. Such election shall 
 be conducted and the returns thereof made according to the laws now in 
 force regulating general elections. 
 
 Section 31. The officers now required by law in the case of gen¬ 
 eral elections to provide election supplies for each precinct or district 
 shall provide in the manner now required by law for conducting general 
 elections all necessary poll books, tally sheets, forms of return, ballots 
 and supplies for such election. 
 
 Section 32. The ballots to be used at such election shall be sub¬ 
 stantially in the following form: 
 
 Proposed New Constitution Election Ballot. 
 
 1 
 
 SHALL THE PROPOSED NEW 
 
 i i 
 
 YES | ! 
 
 | | 
 
 CONSTITUTION BE ADOPTED 
 
 NO | ! 
 
 1 ! 
 
 Section 33. The elector shall designate his vote by a cross mark 
 
 thus, X, tc be placed in one of the squares on the right-hand margin 
 of the ballot. 
 
 Section 34. The ballots cast for and against the adoption of this 
 constitution shall be received and canvassed by the judges and clerks of 
 such election and returned as provided by law for general elections. 
 
 Section 35. Within fifteen days after such election, returns 
 thereof shall be made bv the several countv clerks to the secretarv of 
 
 «' »/ 'j 
 
 state which shall show (a) the aggregate number of electors voting in 
 each county, (b) the aggregate number of votes cast for the adoption 
 of this constitution and (c) the aggregate number of votes cast against 
 the adoption of this constitution. Such returns shall within ten days 
 thereafter be examined and canvassed by the secretary of state, the 
 attornev general, the state treasurer and the auditor of nublic accounts 
 or any three of them in the presence of the governor and proclamation 
 shall be made by the governor forthwith of the result of the canvass. If 
 it appears that a majority of the votes cast are for the adoption of the 
 new constitution it shall be the supreme law of the State of Illinois on 
 and after twelve o’clock noon of Monday, January fifteenth, nineteen 
 hundred twenty-three, and the existing constitution shall thereupon 
 cease in all its provisions. 
 
 Done in convention at the capitol in the city of Springfield on the 
 twelfth day of September in the year of our Lord one thousand nine 
 
 -L %J 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 915 
 
 hundred twenty-two, of the Independence of the United States of 
 America the one hundred forty-seventh and of the statehood of Illinois 
 the one hundred fourth. 
 
 In witness whereof we have hereunto subscribed our names. 
 
 B. H. McCann, 
 
 Secretary. 
 
 Edward E. Adams 
 Stanley Adamkiewicz 
 Percival G. Baldwin 
 George. A. Barr 
 William H. Beckman 
 Rodney H. Brandon 
 John J. Breniiolt, Jr. 
 Edward H. Brewster 
 Charles D. Cary 
 Oscar E. Carlstrom 
 B. L. Catron 
 William H. Chew 
 Elam L. Clarke 
 E. B. COOLLEY 
 Edward Corlett 
 William H. Cruden 
 Abel Davis 
 Rufus C. Dawes 
 Frederic R. DeYoung 
 Cyrus E. Dietz 
 John L. Dryer 
 Henry M. Dunlap 
 George A. Dupuy 
 Philip E. Elting 
 Joseph W. Fifer 
 Thomas F. Frole 
 Edgar E. Fyke 
 George C. Gale 
 William Ganschow 
 Bruce H. Garrett 
 Sylvester J. Gee 
 G. Gale Gilbert 
 A. F. Goodyear 
 William S. Gray 
 Henry I. Green 
 Charles H. Hamill 
 William T. Hollenbeck 
 Morton D. Hull 
 Michael Iarussi 
 Charles H. Ireland 
 James P. Jack 
 Charles S. Cutting 
 John E. Traeger 
 John J. Gorman 
 
 Charles E. Woo ward, 
 
 President. 
 Lewis A. Jarman 
 Lawrence C. Johnson 
 Watts A. Johnson 
 Thomas C. Iverrick 
 Ernest Iyunde 
 George P. Latciieord 
 Herbert F. Lill 
 Cicero J. Lindly 
 David E. Mack 
 Willard M. McEwen 
 Sylvester W. McGuire 
 Charles J. Miciial 
 Amos C. Miller 
 Andrew H. Mills 
 Charles B. T. Moore 
 James Xichols 
 Martin J. O’Brien 
 James H. Paddock 
 Charles Y. Parker 
 S. E. Pincus 
 B. IP. Pinnell 
 Frank J. Quinn 
 Thomas Rinaker 
 Michael Rosenberg 
 William M. Scanlan 
 David E. Shanahan 
 Charles A. Siiuey 
 Rollo Six 
 Arthur M. Smith 
 Douglas Sutherland 
 Albert E. Taef 
 Hiram E. Todd 
 H. E. Torrance 
 William E. Trautmann 
 William A. Wall 
 Alvin Warren 
 Frank S. Whitman 
 Walter H. Wilson 
 Oscar Wolff 
 Charles Woodward 
 Henry W. Meinert 
 Alexander IT. Revell 
 Harry H. Stahl 
 
916 
 
 JOURNAL OF THE 
 
 [Oct. 10, 
 
 The President further reported the following correspondence with 
 the Secretary of State, with reference to depositing the Revised Consti¬ 
 tution in his office as above set forth, to-wit: 
 
 The Honorable , the Seo'etary of State. 
 
 Dear Sir: The Constitutional Convention of Illinois, on September 
 twelfth, one thousand nine hundred twenty-two, adopted the following reso¬ 
 lution: 
 
 ‘‘Resolved , That the enrolled Constitution of Illinois, adopted in Con¬ 
 vention at the Capitol in the City of Springfield on the 12th day of Sep¬ 
 tember, A. D. 1922, be authenticated as follows: 
 
 (1) That it first be signed by the President of the Convention; 
 
 (2) That it then be attested by the signature of the Secretary; 
 
 (3) That the delegates present in alphabetical order of names may 
 then attach their signatures; 
 
 That delegates present having authority from absent delegates to sign 
 the names of such absent delegates may do so; 
 
 The other delegates may have the privilege of signing the enrolled 
 Constitution in the office of the Secretary of State at any time on or before 
 the 12th day of December, A. D. 1922, their respective signatures to be at¬ 
 tested by the Secretary of State; and 
 
 That upon authentication as aforesaid, the President of the Convention 
 deliver it to the Secretary of State for record and deposit in his office.” 
 
 Pursuant to the mandate of the above resolution I place in your hands 
 the enrolled Constitution of Illinois, adopted in Convention at the Capitol 
 in the City of Springfield on the twelfth day of September in the year of our 
 Lord one thousand nine hundred twenty-two, for record and deposit in your 
 office. 
 
 Very respectfully, 
 
 Charles E. Woodward, 
 
 President. 
 
 Hall of the House of Representatives, 
 this tenth day of October in the year of our 
 Lord one thousand nine hundred twenty- 
 two. 
 
 The Honorable, the President of the Constitutional Convention. 
 
 Dear Sir: I have this day received at your hands the enrolled Con¬ 
 stitution of Illinois, adopted in Convention at the Capitol in the City of 
 Springfield on the twelfth day of September in the year of our Lord one 
 thousand nine hundred twenty-tw T o, and have caused it to be recorded and 
 placed in the archives of my office. 
 
 Very respectfully, 
 
 Louis L. Emmersox, 
 
 Secretary of State. 
 
 Office of the Secretary of State at the 
 Capitol in the City of Springfield this 
 tenth day of October, one thousand nine 
 hundred twenty-two. 
 
 The President laid before the Convention a further report of the 
 expenses of the Convention, as follows: 
 
 Financial Report of the President. 
 
 The President submits herewith a supplemental report, covering 
 the vouchers signed by him under the provisions of an Act entitled, “An 
 Act to assemble a Convention to revise, alter or amend the Constitution 
 of the State of Illinois/' approved June 21, 1919, in force Julyl, 1919; 
 and of an Act entitled, “An Act to appropriate the unexperded balance 
 
1922.] 
 
 CONSTITUTIONAL CONVENTION. 
 
 917 
 
 of the appropriation made by an Act entitled, ‘An Act to assemble a 
 Convention to revise, alter or amend the Constitution of the State of 
 Illinois/ approved June 21, 1919, in force July 1, 1919,” approved June 
 24, 1921, in force July 1, 1921. 
 
 This report includes all vouchers issued from and after September 
 12th, A. D. 1922, and the recapitulation includes the expenditures as 
 reported in detail in the report filed September 12th, A. D. 1922, in 
 addition to the expenditures reported in detail in the above supplemental 
 report. 
 
FINANCIAL REPORT OF THE PRESIDENT. 
 
 918 
 
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 1922.] 
 
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 1922. 
 
922 JOURNAL OF THE [Oct. 10, 
 
 At the hour of 10 :30 o’clock a. m., Mr. Stahl moved that the Con¬ 
 vention do now adjourn. 
 
 The motion prevailed, and in accordance with the motion hereto¬ 
 fore adopted on October 10, 1922, the Convention stood adjourned 
 sine die. 
 
 The committee heretofore appointed by resolution to approve the 
 Journals of the last three days of the Convention, hereby certifies that 
 they have examined the record of the proceedings of June 28, September 
 12, and October 10, 1922, and find the same correct. 
 
 (Signed) Arthur M. Smith, 
 Andrew H. Mills, 
 
 Thos. Binaker, 
 
 Approved: Committee. 
 
 B. H. McCann, 
 
 Secretary of the Convention. 
 
INDEX TO CONVENTION JOURNAL 
 
 ADAMKIEWICZ, STANLEY: 
 
 Present and oath. 
 
 Pay and mileage. 
 
 Resolution offered . 
 
 PAGE. 
 
 . 462 
 . 850 
 . 816 
 
 ADAMS, EDWARD E.: 
 Present and oath.... 
 Pay and mileage.... 
 
 462 
 
 850 
 
 ADDRESS : 
 
 Carlstrom, Oscar E 
 
 Davis, Abel. 
 
 Moore, B. C. T. 
 
 Six, Rollo . 
 
 Hamill, Charles .. 
 
 251, 593 
 251, 593 
 . . . . 593 
 .. . . 593 
 
 838, 849 
 
 ADJOURNMENT: 
 
 January 6-14 . 
 
 January 15-20 . 
 
 January 21-28 . 
 
 January 29-February 3. 
 
 February 6-10 . 
 
 February 19-25 . 
 
 February 27-March 2. 
 
 March 4-9 . 
 
 March 11-16 . 
 
 March 18-23 . 
 
 March 26-30 . 
 
 April 1-7 . 
 
 April 9-14 . 
 
 April 16-21 . 
 
 April 23-27 . 
 
 April 30-May 4. 
 
 May 6-11 . 
 
 May 13-18 . 
 
 May 20-25 . 
 
 May 27-June 1. 
 
 June 17-22 . 
 
 June 25-28 . 
 
 July 1-6 . 
 
 July 7-September 21. 
 
 September 21-November 8. 
 
 November 12-15 . 
 
 November 18-22 . 
 
 November 24-29 . 
 
 December 2-6 . 
 
 December 6-7 .. 
 
 December 7-8 . 
 
 December 8, 1920-September 6, 1921 
 September 6, 1921-January 3, 1922.. 
 
 January 3-31 .• •. 
 
 February 2-7 . 
 
 February 9-14 . 
 
 February 16-21 . 
 
 February 23-28 . 
 
 March 2-7 . 
 
 March 9-14 . 
 
 March 14-April 18. 
 
 April 18-25 . 
 
 April 29-May 1. 
 
 May 5-June 13. 
 
 June 15-20 . 
 
 June 22-27 . 
 
 June 28-September 12. 
 
 September 12-October 10. 
 
 Sine Die . 
 
 9 
 
 30 
 
 39 
 
 51 
 
 63 
 
 78 
 
 105 
 
 114 
 
 120 
 
 125 
 
 130 
 
 137 
 
 142 
 
 148 
 
 153 
 
 165 
 
 170 
 
 181 
 
 187 
 
 195 
 
 211 
 
 224 
 
 236 
 
 242 
 
 245 
 
 254 
 
 260 
 
 269 
 
 277 
 
 278 
 283 
 293 
 458 
 461 
 487 
 497 
 502 
 514 
 535 
 
 565 
 
 566 
 
 567 
 631 
 725 
 739 
 780 
 827 
 876 
 922 
 
 923 
 
924 
 
 INDEX. 
 
 AGRICULTURE : 
 
 Committee reports: 
 
 Drainage . 
 
 Farm loans ..j j ] 
 
 Forestry .[.. . 
 
 Warehouses . j... 
 
 Reclamation of swamp and overflowed lands 
 Warehouses .. 
 
 AITKEN, REV. WALTER: 
 
 Chaplain . 
 
 ALLEN, HON. HENRY J.: 
 
 Address . 
 
 Invitation to address Convention. 
 
 PAGE. 
 
 . .. . 373 
 . . . . 361 
 . . . . 355 
 . . . . 372 
 196, 295 
 .15, 166 
 
 138 
 
 130 
 
 126 
 
 ANTI-SALOON LEAGUE: 
 
 Protest against. 488 
 
 APPEAL: 
 
 From decision of Chair. crk 
 
 APPOINTMENT: 
 Elective offices .. 
 
 APPORTIONMENT: 
 
 Committee reports: 
 
 Legislative Department . 366 
 
 Majority and two minority reports on sections 6 , 7 and 8 ..’ 209 
 
 General Assembly . 737 
 
 Senatorial and Representative Distircts. . . 25, 87, 128, 141,’ 189,’ '237,' 293,' *336’ 350 
 
 Separate submission of alternative proposition.276 277 
 
 Substitute for section 6 .'....’ 490 
 
 APPROPRIATIONS : 
 
 Budget system. 
 
 Prohibiting the appropriation from 
 
 ARMISTICE DAY: 
 
 Exercises . 
 
 ATHLETICS : 
 
 Athletic exhibitions . 
 
 Prohibiting wrestling contests. 
 
 Regulate boxing contests. 
 
 .236, 305 
 
 any public fund in aid of any church_ 200 
 
 .. 249 
 
 98 
 
 75 
 
 74 
 
 ATTORNEY GENERAL: 
 
 Communication . 
 
 AUDITOR OF PUBLIC ACCOUNTS: 
 
 Additional duties .. 
 
 BALDWIN, PERCIVAL G. : 
 
 Present and oath. 
 
 Absent .* [ * ’ 
 
 Committees, standing: 
 
 Corporations and Cooperative Associations. 
 
 Industrial Affairs and Labor. 
 
 Legislative Department .. [. 
 
 Proposal introduced—General Assembly, Pro. 228. 
 
 BANKS AND BANKING: 
 
 291 
 
 204 
 
 2 , 7 
 113 
 
 40 
 
 41 
 41 
 
 Liability of banks. 
 
 Prohibiting operating business under foreign name 
 
 No State banks to be hereafter created. 
 
 Referendum on banking legislation.. 
 
 BARR, GEORGE A.: 
 
 .... 292 
 . . . . 155 
 . . . . 156 
 173, 319 
 
 *> 7 
 
 64, 287 
 
 Present and oath. 
 
 Absent .. 
 
 Committees, standing: . 
 
 Phraseology and Style. 41 
 
 Revenue, Taxation and Finance.!. 41 
 
 Legislative Department . ioi 
 
 Submission and Address.. . ‘. ^27 
 
 Committee, special . 7 
 
 to attend funeral of Edward C. Curtis.’ 7 ~". iie 
 
 to attend funeral of Mrs. Small. 816 
 
 to attend funeral of J. Mack Tanner. ! 567 
 
 Proposals introduced—Bonds for Hard Roads, Pro. *269 ;' Courts] Pro 324 • 
 Pros 01 |5? e 2R> al R ' R- ’ Pr °' 256 ’ Sch0ols - Pros ?- 255, 271„ 307 ; Taxation’, 
 Resolution offered .‘ ~ 
 
INDEX. 
 
 925 
 
 PAGE. 
 
 BARTHOLOMEW, REV. A. W.: 
 
 Chaplain . 536, 540, 549 
 
 BARTON, REV. WILLIAM E.: 
 
 Chaplain . 149 
 
 BECKMAN, WILLIAM H.: 
 
 Present and oath.3, 7 
 
 Committees, standing - : 
 
 Chairman, Committee on Military Affairs. 41 
 
 Education . 40 
 
 Corporations and Cooperative Associations. 40 
 
 Committee, special . 26 
 
 Election contest .35, 164, 165 
 
 Petitions presented .208, 227 
 
 Proposals introduced—Home Rule, Pros. 21, 22 ; Initiative and Referendum, 
 Pro. 313 ; Military System, Pro. 234. 
 
 BENNETT, REV. W. E.: 
 Chaplain . 
 
 237 
 
 BERGEN, REV. ABRAM G.: 
 Chaplain . 
 
 243, 255, 256, 257, 259, 294 
 
 BILL OP RIGHTS : 
 
 Application of laws without regard to race or color, Pro. 136 ; Bill of Rights, 
 Pros. 4, 376 ; removal of snow and ice from sidewalks, Pro. 382, 
 
 Committee report in regard to political freedom, Pro. 129 ; relative to Pre¬ 
 
 amble, Pro. 375, 
 
 Amendments in Committee of the Whole. 817 
 
 Article I, proposed Constitution. 786 
 
 As delivered to the Secretary of State. 877 
 
 BONDS: 
 
 Encourage the building of homes and buying of lands by citizens, Pro. 284. 
 
 For the construction and repair of hard roads and for the completion of any 
 waterway under construction, Pro. 269. 
 
 BOUNDARIES: 
 
 Committee report . 469 
 
 Committee report on miscellaneous subjects concerning State boundaries, 
 
 Pro. 357. 
 
 Concerning jurisdiction over Ohio River and other waters constituting part 
 of State boundary, Pro. 3. 
 
 Relative to the boundaries of the State, Pro. 220. 
 
 Report No. 5, Phraseology and Style, tabled. 531 
 
 BOXING: 
 
 See Athletics. 
 
 BOYNTON, REV. M. P.: 
 Chaplaip . 
 
 246, 247, 249, 251, 254 
 
 BRANDON, RODNEY H. : 
 
 Present and oath.2, 7 
 
 Absent . 69 
 
 Committees, standing: 
 
 Education, Chairman . 40 
 
 Miscellaneous Subjects . 41 
 
 Municipal Government . 41 
 
 Submission and Address. 727 
 
 Petitions presented . 227 
 
 Special committee to supervise correcting and printing of Convention debates 128 
 Proposals introduced—Education, Pros. 258, 259. 
 
 BRENHOLT, JOHN J. JR.: 
 
 Present and oath.3, 7 
 
 Absent .:. 7 80 
 
 Arrangements for celebration of the birthday of Abraham Lincoln. 42 
 
 Committees, standing: 
 
 Corporations and Cooperative Associations. 41 
 
 Industrial Affairs and Labor. 41 
 
 Revenue, Taxation and Finance. 41 
 
 Petitions presented .194, 206, 217, 221, 227 
 
 Proposals introduced—County Officers, Pro. 187 ; General Assembly, Pro. 
 
 221 ; Judicial System, Pro. 222 ; Taxation, Pro. 302 ; County Assessor, Pro. 
 
 303 ; Permitting the establishment of office of Public Defender, Pro. 304. 
 
926 
 
 INDEX. 
 
 BREWSTER, EDWARD H. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Distinction Between Constitutional and Legislative Subjects 
 
 Executive Department .. 
 
 Phraseology and Style. 
 
 Death of mother.[ 
 
 Petitions presented .. 
 
 BREWSTER, MRS. EDWARD H. : 
 
 Death of. 
 
 PAGB. 
 
 .3, 7 
 
 55, 64, 610 
 
 . 40 
 
 . 40 
 
 . 284 
 
 . 64 
 
 . . .225, 227 
 
 . 71 
 
 BRIGGS, REV. CHARLES A. : 
 
 Chaplain .462, 455 
 
 BROWN, REV. J. BRAIXARD : 
 
 Chaplain . 566 
 
 BROWN, REV. J. C. : 
 
 Chaplain . 568) 588 , 603, 629 
 
 BROWNING, REV. A. E. : 
 
 Chaplain . 01 
 
 BRUNDAGE, EDWARD J.: 
 
 Communication . 291 
 
 BRYAN, WILLIAM J.: 
 
 Invitation to address Convention. 126 
 
 Address .128 
 
 BUILDINGS : 
 
 Regulation of in municipalities. 229 
 
 BUILDING REGULATION : 
 
 Authority to adopt. 229 
 
 BURLINGTON, LT. COL. JOHN J. : 
 
 Nominated for temporary Secretary. 4 
 
 BURKE. ROBERT E. : 
 
 Election contest .35, 164, 165 
 
 BURNS, JAMES F. : 
 
 Votes received . 164 
 
 BUTLER, REV. F. D. : 
 
 Chaplain . 225 
 
 CANALS AND WATERWAYS : 
 
 Amendments in Committee of the Whole. 823 
 
 As delivered to the Secretary of State. 877 
 
 Report No. 23, Phraseology and Style. 809 
 
 Report No. 13, Phraseology and Style. 379 
 
 CAREY, ARCHIBALD J. : 
 
 Present and oath.'.1, 7 
 
 Committees, standing: 
 
 Bill of Rights. 40 
 
 Education . 40 
 
 Industrial Affairs and Labor. 41 
 
 Proposal introduced—Free Schools, Pro. 231. 
 
 CARLSTROM, OSCAR E.: 
 
 Present and oath.3, 1 
 
 Address (Armistice Day). 251 
 
 Address (General Grant’s Anniversary). 593 
 
 Committees, standing: 
 
 Chicago and Cook County. 40 
 
 Initiative, Referendum and Recall. 41 
 
 Municipal Government . 41 
 
 Committees, special: 
 
 To request Judge to administer oath of office. 7 
 
 To attend funeral of Mrs. Small. 816 
 
 To attend funeral of J. Mack Tanner. 567 
 
 Petitions presented .*. 167 
 
INDEX. 
 
 927 
 
 PAGE. 
 
 CARLSTROM, OSCAR E.—Concluded. 
 
 Proposals introduced—Preamble, Pro. 2 ; Boundaries and Jurisdiction, Pro. 
 3 • Bill of Rights, Pro. 4 ; Separation of Government, Pro. 5 ; Create Legis¬ 
 lative Department, Pro. 6 ; Judicial Department, Pro. 8 ; Suffrage, Pro. 9 ; 
 Education, Pro. 10 ; Revenue Article, Pro. 11 ; Counties, Pro. 12 ; Corpora¬ 
 tions, Pro. 13 ; Militia, Pro. 14 ; Warehouses, Pro. 15 ; Amendments, Pro. 
 16; Separate Sections, Pro. 17; Schedule, Pro. 18; Preamble and Sections 
 of Constitution of 1870, Pro. 19; Convict Labor, Pro. 46 ; Canals, Pro. 47 ; 
 Railroads and Private Corporations, Pro. 48; Illinois Central Railioad, 
 Pro. 49 ; Home Rule, Pro. 353. 
 
 Resolution offered . 
 
 CARROLL, REV. E. T. : 
 Chaplain . 
 
 38 
 
 516, 520, 530 
 
 CARY, CHARLES D. : 
 
 Present and oath. 
 
 Absent . 
 
 Pay and mileage. 
 
 Committee, special: 
 
 To attend funeral of Mrs. Small 
 
 462 
 
 508 
 
 850 
 
 860 
 
 CATRON, B. L. : 
 
 Present and oath. 
 
 Pay and mileage. 
 
 Committee, special: 
 
 To attend funeral of J. Mack Tanner 
 
 462 
 
 850 
 
 567 
 
 CERTIFICATES OF ELECTION: 
 
 Beckman, Wm. H. and Dupee, E. H 
 
 164 
 
 CHEW, WILLIAM H.: 
 
 Present and oath.—■ • 
 
 Absent . 
 
 Committees, standing: 
 
 Chicago and Cook County. 
 
 Municipal Government . 
 
 Public Works and Improvements... 
 
 Proposals introduced—-Water Power, Pro. 267 ; Public Utilities, Pro. -68. 
 
 3, 7 
 276 
 
 40 
 
 41 
 41 
 
 CHICAGO : 
 
 Bond issue in behalf of the World’s Columbus Exposition.. 
 
 City of .. ... ■ ... • • 
 
 Consolidation of local governments having jurisdiction wholly or partly 
 
 within the City of Chicago. 
 
 Home rule . 
 
 181 
 
 804 
 
 111 
 
 59 
 
 CHICAGO AND COOK COUNTY: 
 
 Committee report, Pro. 385.... ••• • • • • 
 
 Home rule for municipalities having a population over one million, Pros. 
 
 21 . 22 . 
 
 Joint report relative to home rule, Pro. 374. 
 
 Report No. 8, Phraseology and Style. 
 
 Report No. 16, Phraseology and Style. 
 
 259 
 
 649 
 
 394 
 
 CHILD LABOR: 
 
 Exempting from all statutes pertaining to child labor children engaged in 
 theatrical or musical performances, Pro. 334. 
 
 CHRISTIAN COUNTY: 
 
 Petitions presented . 
 
 CITIES AND VILLAGES: 
 
 Home Rule for municipalities having a population over one million, Pros. 
 
 21 , 22 . 
 
 Limitation of indebtedness, Pros. 248, 249. 
 
 Local improvements, Pro. 250. 
 
 Municipal subscription to railroads or private corporations, Pro. 48. 
 
 Power to contract, Pro. 94. 
 
 Power vested over township by city councils, Pro. 290. 
 
 Public utilities, Pro. 78. 
 
 Regulate boxing contests, Pro. 74. 
 
 Removal of snow and ice from sidewalks, Pro. 282. 
 
 System of local government for the City of Chicago. 
 
 Taxation, Pro. 201. 
 
 Water and light systems, Pro. 192. 
 
 CITY OF QUINCY: 
 
 Indebtedness for railroad or municipal purposes, Pro. 149. 
 
928 
 
 INDEX. 
 
 CLARKE, ELAM L.: 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Chicago and Cook County. 
 
 Phraseology and Style. 
 
 Phraseology and Style, Chairman. 
 
 Committee, special: 
 
 To supervise printing of Convention debates 
 
 Petitions presented . 
 
 Proposal introduced—Boundaries, Pro. 220. 
 Resolution offered . 
 
 CLAY COUNTY: 
 
 Petitions, presented . 
 
 COMMITTEES: 
 
 Appointed by General Assembly. 
 
 COMMITTEES, LEGISLATIVE: 
 
 Term of appointment. 
 
 PAGE. 
 
 . 2, 7 
 . 112 
 
 . 40 
 . 41 
 . 284 
 
 . 128 
 . 227 
 
 . 837 
 
 202 
 
 219 
 
 219 
 
 COMMITTEE OF THE WHOLE: 
 
 Report on Constitution as a Unit. 817 
 
 COMMITTEE MEETINGS: 
 
 Time of . 154 
 
 COMMITTEE REPORTS: 
 
 Agriculture: 
 
 Dminage, Pro. 373 ; Forestry, Pro. 355 ; Loans on Farm Lands, Pro. 361; 
 Warehouses, Pro. 372. 
 
 Bill of Rights: 
 
 Article on, Pro. 376; Equal Rights of Citizens Without Regard to Color, 
 
 Pro. 136; Political Freedom of Citizens, Pro. 129; Preamble, Pro. 375; 
 Removal of Ice and Snow From Sidewalks, Pro. 282. 
 
 Chicago and Cook County, Pro. 385. 
 
 Corporations and Cooperative Associations: 
 
 Majority Report, Pro. 364. 
 
 Minority Report, Pro. 365. 
 
 County and Township Government: 
 
 Majority Report, Pro. 362. 
 
 Minority Report, Pro. 363. 
 
 Distinction between Constitutional and Legislative Subjects: 
 
 Athletic Exhibitions, Pro. 98. 161 
 
 Boxing Contests, Pro. 74.. ...!!!.! 159 
 
 Certain Acts by Public Officers, Pro. 23.. .. !!!!!!!!!.’ 162 
 
 Charters of Benevolent and Fraternal Societies, Pro. 157.161 
 
 Defining Intoxicating Liquors and Beverages, Pro. 73. 161 
 
 Manufacture, Sale and Distribution of Beer, Pro. 77. 161 
 
 Manufacture, Sale and Distribution of Beer, Pro. 202. 163 
 
 Prevent Polution of Lakes and Rivers, Pro. 213. 207 
 
 Prohibiting Options, Pro. 224. 163 
 
 Public Service, Pro. 211... 160 
 
 Registering Land Titles, Pro. 81.!! 207 
 
 Relative to Selling Price of Food Commodities, Pro. 258. 164 
 
 Removal of Ice and Snow from Sidewalks, Pro. 282. 160 
 
 Taxation, Pro. 186. 163 
 
 Warehouses, Pro. 166.] 159 
 
 Wrestling Exhibitions, Pro. 75.•. 161 
 
 Education . 122 
 
 Majority Report, Pro. 359. 
 
 Minority Report, Pro. 360. 
 
 Executive Department: 
 
 Article on Executive Department, Pro. 369. 
 
 General Assembly may provide for the appointment of certain Public Offi¬ 
 cers, Pro. 370. 
 
 Expenditures and Supplies: 
 
 Pays certain sum of money to Ethel M. Sullivan. 64 
 
 Industrial Affairs and Labor. 290 
 
 Initiative, Referendum and Recall: 
 
 Majority Report, Pro. 367. 
 
 Minority Report, Pro. 368. 
 
 Minority Report, Pro. 371. 
 
 Proposal No. 263. 
 
 Joint Committee on Municipal Government and Chicago and Cook County, 
 
 Pro. 374. 
 
 Judicial Department: 
 
 Proposal No. 379. 
 
 Sections 33 and 47, Proposal No. 383. 284 
 
INDEX. 929 
 
 PAGE. 
 
 COMMITTEE REPORTS—Concluded. 
 
 Legislative Department: 
 
 Article on, Pro. 366. 
 
 Sections 6, 7 and 8 of Pro, 366. 198 
 
 Supplemental report on sections 6 and 7, Report No. 12, Phraseology and 
 
 Style . 459 
 
 Military Affairs . 117 
 
 Militia, Pro. 339. 
 
 Miscellaneous Subjects: 
 
 Article 3 of the Constitution of 1870, Pro. 358. 
 
 State Boundaries, Pro. 357. 244 
 
 Of the Whole: 
 
 Future Amendment of the Constitution. 727 
 
 Industrial Affairs and Labor... 752 
 
 Revenue . 503 
 
 Schedule ..739, 740, 747 
 
 Submission and Address. 774 
 
 Revised Constitution as a Unit. 817 
 
 Phraseology and Style: 
 
 Distribution of Powers, Report No. 3 . 268 
 
 Future Amendments, Report No. 20. 728 
 
 Bill of Rights, Report No. 9. 321 
 
 Boundaries, Report No. 5. 469 
 
 Canals and Waterways, Report No. 13. 379 
 
 City of Chicago, Report No. 8.301, 556, 649 
 
 Cook County, Report No. 16. 394 
 
 Corporations, Report No. 7.294, 477 
 
 Counties, Report No, 17.• • . 399 
 
 Education, Report No. 4. 463 
 
 Executive Department, Report No. 19. . 430 
 
 Judicial Department, Report No. 18. 409 
 
 Labor, Report No. 22. . 773 
 
 Lands Credits, Report No. 14. 384 
 
 Legislative Department, Report No. 12..342, 590 
 
 Preamble, Report No. 10. 333 
 
 Revenue, Report No. 11. 334 
 
 Schedule, Report No. 21. 755 
 
 Submission and Address, Report No. 23.775, 785 
 
 Zoning, Report No. 15. . 387 
 
 Constitution as a Whole, Report No. 24. 785 
 
 Public Works and Improvements: 
 
 Canals and Waterways, Pro. 354. 
 
 Illinois Waterway, Pro. 377. 
 
 Qualification and Elections of Delegates . 462 
 
 Election contest, 31st District. 164 
 
 Revenue, Taxation and Finance . 274 
 
 Majority Report, Pro. 378. 
 
 Minority Report, Pros. 380, 381, 384. 
 
 Report of Special Committee . 520 
 
 Substitute for section 1, Pro. 378 . 251 
 
 R,ules and Procedure .Pages 9, 41, 42, 61, 62, 
 
 70, 96, 119, 122, 126, 128, 131, 140, 142, 143, 151, 154, 156, 167, 179, 184, 
 
 194, 197, 201, 211, 213, 218, 223, 232, 243, 247, 249, 273, 460, 487, 494, 507, 632 
 
 Schedule, Pro. 297. 264 
 
 Majority Report . 733 
 
 Minority Report . 737 
 
 Suffrage : 
 
 Article on, Pro. 351. 
 
 COMMITTEES, SPECIAL: 
 
 To attend funeral of Hon. Michael F. Sullivan . 26 
 
 To conduct Temporary President to chair . 4 
 
 To conduct President to chair . 8 
 
 To edit the proceedings of the Convention. 133 
 
 To attend funeral of J. Mack Tanner. 567 
 
 To attend funeral of Mrs. Len Small . 816 
 
 To adjust differences on Revenue. 501 
 
 To correct last three Journals.726, 922 
 
 COMMITTEES, STANDING : 
 
 Appointment .9, 27, 40, 41, 727 
 
 Resolutions offered .31, 38 
 
 COMMUNICATIONS : 
 
 William E. Trautmann. 828 
 
 From Attorney General .• .. 291 
 
 COMPENSATION : 
 
 Delegates .57, 58, 59 
 
 Employees . 27 
 
 Ethel M. Sullivan. 64 
 
 —59 C J 
 
930 
 
 INDEX. 
 
 CONKLING, CLINTON L. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 Judicial Department . . 
 
 Committee, special. 
 
 Death of . 
 
 PAGE. 
 
 .3, 7 
 
 40, 113 
 
 . . . 41 
 
 7 
 
 . . . 2146 
 
 CONN, REV. DAVID McMEEKIN: 
 
 Chaplain . 196 
 
 CONSTITUTION : 
 
 Amendments to the Federal Constitution, Pros. 142, 215. 
 
 Amendments to the Constitution, Pros. 90, 93, 210, 280. 
 
 Conventions, Pro. 242. 
 
 Election of Delegates to future Constitutional Conventions, Pro. 242. 
 
 Submission, Pros. 58, 286. 
 
 Address on provisions of.. v 007 
 
 Adoption .. . .o^u, oo • 
 
 As delivered to the Secretary of State. 877 
 
 Distribution of bound copies.... 80 O 
 
 Letter forwarding Constitution to the Secretary cf State and ancknowledge- 
 
 ment thereof.*. 91b 
 
 Notice to reconsider passage of. 
 
 Passage on third reading... 
 
 Phraseology and Style, Report No. 24. 
 
 Printing and distribution of. 
 
 Signing of.^ 
 
 Amendments to. 
 
 CONTINGENT EXPENSES : 
 
 Pay and mileage of newly elected Delegates. 
 
 Report of . 
 
 CONVICT LABOR: 
 
 Permit convict labor in construction of State Public Highways, Pro. 345. 
 Repealing separate section of present Constitution relating to convict labor, 
 
 Pro. 165. 
 
 COOK COUNTY: 
 
 Representation in the General Assembly 
 
 199, 200, 209 
 
 COOLLEY, E. B. : 2 7 
 
 Present and oath.. ’ 
 
 Committees, standing : 4n 
 
 Bill of Rights . 
 
 Military Affairs . 4 | 
 
 Miscellaneous Subjects . . 
 
 Committee, special: 
 
 To attend funeral of Edward C. Curtis. 
 
 To attend funeral of Mrs. Small. 
 
 Proposal introduced — Amendments to the Constitution of the United States, 
 
 Pro. 142. 
 
 CORCORAN, EDWARD J. : 
 
 Present and oath. 
 
 Absent ... 
 
 Committees, standing: 
 
 Education . ••••••••• 
 
 Initiative, Referendum and Recall.... 
 
 Municipal Government . 
 
 Committee, special .. 
 
 Petitions presented .• • • • 
 
 Proposal introduced—Cook County, Pro. 
 
 330. 
 
 40 
 
 41 
 41 
 26 
 
 224 
 
 CORLETT, EDWARD: 3 7 
 
 Present and oath. ‘ .il3 287, 461 
 
 Absent .... 
 
 Committees, standing: . 40 
 
 Distinctioi? between Constitutional and Legislative Subjects. 41 
 
 Future Amendment of the Constitution. ... • • • • • • ■ .] ‘ ' [ H 6 
 
 Special Committee to Attend Funeral of Edward C. Durtis.. . . . .202, 208 
 
 Proposals^irftrctd^jced—Education, Pro. 'l39 bepanment'of Trades 'and Reg*: 
 
 tration, Pro. 140; Courts, Pro. 36; Representatives, Pro. 37. # 
 
 Resolution offered . 
 
INDEX. 
 
 931 
 
 
 CORPORATIONS, MUNICIPAL: 
 
 Assessment and collection of taxes, Pro. 160, 161. 
 
 PAGE. 
 
 CORPORATIONS : 
 
 Committee Report, No. 6 , Phraseology and Style. 477 
 
 Cumulative voting for directors, Pro. 174. 
 
 Defines relationship between State powers and the powers of municipalities 
 in certain cases. Pro. 263. 
 
 General Assembly to pass law regulating public service corporations, Pro. 30. 
 
 Grand lodges of benevolent, fraternal and charitable organizations shall be 
 bodies corporate, Pro. 157. 
 
 Home rule for municipal corporations. Pro. 153. 
 
 May regulate, own, operate and control all local public utilities, Pro. 268. 
 
 Power of municipalities over municipal corporations, Pro. 22. 
 
 Power of contract, Pro. 94. 
 
 Prevention of discrimination and extortion in railroad rates, Pro. 167. 
 
 Prevention of fraudulent security issues by railroad corporations, Pro. 168. 
 
 Protect the rights of minority stockholders, Pro. 312. 
 
 Railroad offices, records and reports, Pro. 172. 
 
 Referendum on Banking legislation, Pro. 173. 
 
 Regulating collective bargaining, Pro. 206. 
 
 Regulation of rates, charges and practices of common carriers and other 
 public utilities, Pros. 169, 245. 
 
 Relating to indebtedness, Pro. 82. 
 
 Residence requirements of railroad directors and to railroad consolidations. 
 
 Pro. 170. 
 
 Rolling stock of railroad to be considered personal property for purposes of 
 execution and sale, Pro. 171. 
 
 Retains article 11 of present Constitution as part of proposed Constitution, 
 
 Pro. 13. 
 
 Retains separate section of the present Constitution entitled, "Municipal Sub¬ 
 scription to Railroads or Private Corporations” as a part of the proposed 
 Constitution, Pro. 48. 
 
 COUNTIES : 
 
 Additional judges for County Courts with justice of the peace always in ses¬ 
 sion, Pro. 116. 
 
 Appointment of county clerks and coroners by the board of county commis¬ 
 sioners, Pro. 126. 
 
 Assessor, Pro. 303. 
 
 Assessment of taxes, Pro. 186. 
 
 Boards to fix fees of all clerks of the Circuit and County Courts, Pro. 212. 
 
 Collector of taxes, Pro. 223. 
 
 Commissioners, Pros. 59, 178, 179. 
 
 Compensation of county officers. Pros. 65, 95, 127, 145, 175, 176, 1S7. 
 
 Consolidation of local government in Cook County, Pros. 159, 330. 
 
 Defining counties, Pro. 150. 
 
 Establishes a Probate Court in counties of 20,000 population and over, Pro. 
 
 117. 
 
 Having a population of more than 1,000,000 may abolish pai’ks and other 
 municipalities within their limits and assume the functions and debts, 
 
 Pro. 296. 
 
 Levy taxes for public libraries, Pro. 62. 
 
 Limitation of indebtedness, Pro. 248. 
 
 Local road and bridge administration, Pro. 309. 
 
 Officers, Pros. 125, 177, 186, 233. 
 
 Public defender, Pro. 304. 
 
 Requiring settlements with proper authorities by persons charged with duties 
 of collecting county and local taxes, Pro. 110. . 
 
 Representation in General Assembly, Pros. 199, 200. 
 
 Retains certain sections of article 10 of the Constitution of 1870 as part of 
 proposed Constitution, Pro. 12. 
 
 Sheriffs and county treasurers may succeed themselves in office, Pros. 41, 45, 
 
 52, 64. 
 
 State supervision of county affairs, Pro. 83. 
 
 Superintendent of schools, Pros. 130, 182, 255. 
 
 System of county government, Pros. 158, 310. 
 
 Taxes for road and bridge purposes to be levied by county boards, Pro. 162. 
 
 Tax rate. Pro. 308. 
 
 Township organization, Pros. 60, 180. 
 
 Article VIII, proposed Constitution. 802 
 
 Report No. 17, Phraseology and Style. . . 399 
 
 COUNTY AND TOWNSHIP GOVERNMENT: 
 
 Majority Report of Committee, Pro. 362. 
 Minority Report of Committee, Pro. 363. 
 
932 
 
 INDEX. 
 
 COURTS : 
 
 PAGE. 
 
 Abolition of Appellate, Circuit, County and City Courts and justices of the 
 peace, Pro. 29. 
 
 Adjustment of labor disputes, Pro. 207. 
 
 All courts of the State shall be always open for the transaction of business, 
 Pro. 39. 
 
 Appeals in bailable criminal cases, Pro. 218. 
 
 Authorizing verdicts in civil cases by less than an unanimous jury, Pro. 86. 
 Election of judges shall be non-partisan, Pro. 314. 
 
 Empowers General - Assembly to provide for appeals, writs of error and 
 methods of review of decisions of courts, Pro. 276. 
 
 Filling of vacancies by appointment, Pro. 51. 
 
 General rule of pleading, practice and procedure, Pro. 277. 
 
 Judicial Department, Pros. 144, 188, 324. 
 
 Judicial system, Pros. 56, 132, 222, 294. 
 
 Judicial powers vested in the courts, Pro. 89. 
 
 Judges of the Criminal Court of Cook County, Pro. 273. 
 
 No limit to amount of damages that may be recovered in any cause of action 
 based on personal injuries resulting in death, Pro. 321. 
 
 Qualification of judges of inferior courts, Pro. 67. 
 
 Removal of judges or officers of court from office, Pro. 279. 
 
 Rights of persons accused of crime, Pro. 217. 
 
 Right of trial by Jury, Pros. 97,. 226. 
 
 Self crimination, Pro. 225. 
 
 Specifies certain courts as part of the Judicial Department, Pro. 272. 
 Taking of testimony in equity cases, Pro. 146. 
 
 Defining the court and election of judges, Pro. 91, 105. 
 
 Additional judges, Pro. 116. 
 
 Creating an Industrial Court, Pros. 26, 197. 
 
 COURTS, APPELLATE: 
 
 Abolishing Appellate Courts,- Pro. 100. 
 
 Appoint of Judges, Pro. 274. 
 
 Establishing the Appellate Court, Pros. 317, 325. 
 
 Judiciary Department and the Appellate Court, Pro. 38. 
 
 Re-hearings in the Appellate Courts, Pro. 123. 
 
 Setting aside of a judgment or decree of the Supreme or Appellate Courts, 
 Pro. 40. 
 
 COURTS, COUNTY: 
 
 Defines County Courts, Pro. 115. _ , , . - ,,- 
 
 Fees of clerks of the Circuit and County Courts to be fixed by county boards, 
 
 Pro- 212 - ^ 
 
 Judges of County Courts and their compensation, Pro. 152. 
 
 Jurisdiction of County Courts also fixes compensation of county judges, Pro. 
 
 124. 
 
 COURTS, CIRCUIT: 
 
 Appointment of circuit judges by the Governor, Pro. 138. 
 
 Defining Circuit Courts, Pro. 151. . ^ .. ~ ~ „ 0 ,- 
 
 Establishment of a domestic relations branch of the Circuit Court, Pro. 331. 
 
 Fees of clerks of the Circuit and County Courts to be fixed by county boards, 
 
 Pro 212. 
 
 Holding of court in cities having a population of 5,000 or more, Pro. 104. 
 Jurisdiction heretofore exercised by Master in Chancery to be exercised by 
 Circuit Court, Pro. 278. 
 
 COURTS, PROBATE: 
 
 Defines Probate Courts, Pro. 115. 
 
 Establishes a court in counties of 20.000 population and over Pro. 117. 
 
 Investing the Probate Court with chancery jurisdiction, Pro. 36. 
 
 COURTS, SUPREME: 
 
 Performance of duties imposed by the Constitution, Pio. 199. 
 
 Powers and duties over other courts, Pro. 275 
 Power to declare a law unconstitutional Pro 14 1. 
 
 Relative to the Supreme Court, Pros. 26, 68, 102. 
 
 Setting aside of a judgment or decree of the Supreme or Appellate Courts, 
 
 Pro. 40. 
 
 CRUDEN, WILLIAM H.: 
 
 Present and oath. 
 
 Committees, standing: 
 
 Chairman Committee on Suffrage.. 4 q 
 
 Agriculture. 41 
 
 Military Affairs . ic"onfi'ViY 99 7 
 
 Petitions presented .... .. ..3o, 208 , . 
 
 Proposals introduced—Sheriffs and Treasurers, Pro. 41; State Treasurer 
 Pro 42- Taxation Pro. 43; Suffrage, Pro. 53; Taxation, Pro. 54 ; City of 
 Chicago’, Pro. 55; Officers in Cook County, Pro. 95; Income Tax of 
 Bachelors, Pro. 109 ; Suffrage, Pro. 281 ; Removal of snow and ice from 
 sidewalks, Pro. 282. 
 
INDEX. 
 
 933 
 
 CURTIS, EDWARD C.: 
 
 Present and oath. 
 
 Absent .. .’!!!!!.!!..!. . 
 
 Committees, standing 1 : . 
 
 Chairman Committee on Legislative Department. .. 
 
 Schedule . ’.!*.!!!! . 
 
 Rules and Procedure. ’.!!!!.’!.’!.’!’ 
 
 Committee, special . 
 
 Death of. ..!!!!!!.!..!! . 
 
 Proposal introduced—Exemption of bonds ’ and other ’ indebtedness 
 State from taxation, Pro. 114. 
 
 PAGE, 
 
 .2, 7 
 
 . 84 
 
 . 41 
 
 . 41 
 
 . 9 
 
 . 8 
 
 . 115 
 
 of the 
 
 CUTTING, CHARLES S.: 
 
 Present and oath. 2 ? 
 
 Committees, standing 1 : . 
 
 Executive Department . , 4n 
 
 Judicial Department . !.*!!!! . 4 V 
 
 Committee, special . ...!.!. !! !!. !....!!! !. 
 
 Proposals introduced—Count y and Probate Courts, Pro. 116 ;’ Probate Courts', 
 
 Pro. 117 , Judicial Department, Pro. 188 ; Apportionment and Representa- 
 
 90 °^: ? r ° : . 18 . 9 : Bill ? f . p ro - 229 ; Initiative and Referendum, Pro. 
 
 230, Judicial and School Candidates, Pro. 314. 
 
 Protest offered ... 4 gg 
 
 CUTTING, MRS. CHARLES S.: 
 
 Death of . 262 
 
 DAVIS, ABEL: 
 
 Present and oath. 
 
 Absent . ..!!.!!!!!!!!!!!!!!!!! 
 
 Address (Armistice Day).7. ! 
 
 Address, General Grant’s Anniversary. 
 
 Committees, standing 1 : 
 
 Bill of Rights.. 
 
 Military Affairs . 
 
 Revenue, Taxation and Finance. 
 
 Submission and Address. 
 
 Committee, special . 
 
 Proposal introduced—In relation to Juries,’ Pro 217’ 
 Resolutions offered . 
 
 2, 7 
 210 
 251 
 593 
 
 40 
 
 41 
 41 
 
 727 
 
 26 
 
 849 
 
 DAWES, RUFUS C.: 
 
 Present and oath. 9 „ 
 
 Absent .’...7.7.7...’. .inV 91 n 
 
 Committees, standing: ZiU 
 
 Bill of Rights. 4n 
 
 Corporations and Cooperative Associations! 40 
 
 Revenue, Taxation and Finance. 4 i 
 
 Petitions presented . !!.!!!.”.!!!’!!’”*214’ VoV 997 
 
 Pl pro Sa 5 1 8 introduced —Public Officers, Pro. 243; Revenue, Pro. 244 ; Suffrage! 
 
 DELEGATES : 
 
 Pay and mileage allowance 
 
 57 
 
 DEMOCRATIC CONVENTION: 
 
 Delegates excused . 
 
 DeVOL, REV. FRANCIS H.: 
 
 Chaplain . 
 
 Deyoung, Frederic r. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Chairman of Committee on Judicial Department 
 
 Executive Department . 
 
 Petitions presented . 
 
 . 211 
 
 503, 507, 514 
 
 .2, 7 
 
 . 225 
 
 . 41 
 
 . 40 
 
 198, 206, 208, 227 
 
 DIETZ, CYRUS E. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Chairman Committee on Distinction 
 
 tive Subjects .. 
 
 Executive . 
 
 3 7 
 52,’ 55* 486 
 
 Between Constitutional and Legisla- 
 
 40 
 
 40 
 
934 
 
 INDEX. 
 
 S 
 
 PAGE. 
 
 DOVE, F. R.: 
 
 Present and oath.. 6 > * 
 
 Committees, standing: . . _ . , 41 
 
 Chairman Committee on Initiative, Referendum and Recall. 
 
 Agriculture... 
 
 County and Township Government. 
 
 ^°Arrarigernents for celebration of the birthday of Abraham Lincoln. 42 
 
 Nominates Lieut. Col. John J. Bullington for temporary Secretary. ^ 
 
 Prop os a 1 s^ introduce d—A pp el late* ' Court,* ' Pro'. **317*;*' Concerning* *th*j ‘Refer! 
 endum, Pro. 318 ; Corporations and Associations with Bax }^ 1 0 n .^-D P °^- er ’ 
 
 Pro 319; Exempting Certain Real Estate from Taxes, Pro. It 3 ; Reading 
 of the Bible in Schools, Pro. 84; Strikes, Lockouts and Industrial lffer- 
 ences, Pro. 203 ; Suffrage, Pro. 204; Literacy Test for \ oters, Pro. 20o , 
 Taxes, Pro. 44. 
 
 DRAINAGE: 0 i fi 
 
 Agricultural, mining and sanitary purposes. 919 
 
 Power to create laws pertaining to. 
 
 DRYER, JOHN L. : 3 ? 
 
 Present and oath ... 69.’ 11*3. 538 
 
 Absent .. . . .. 
 
 C°Di^tJnction" Retween Constitutional and Legislative Subjects. 40 
 
 Judicial Department . 
 
 C °To m s viper vise Correcting and printing of Convention debates.............. 128 
 
 P?owsTls Produced— ' Compelling Voters' to Exercise'the Right‘of Suffrage, 
 
 P?o 291 ■ Compensation of Employees Injured in Course of Employment, 
 
 Pro. 107 ; Fees of Clerks of Record, Pro. 212. 
 
 DUNLAP, HENRY M. : 2 7 
 
 Present and oath. 
 
 Committees, standing: y 40 
 
 Chairman Committee on Agriculture. 40 
 
 Education . 41 
 
 Legislative ... 
 
 Committee, special: 116 
 
 To attend funeral of Edward C. Curtis... ‘ -g^ 
 
 Pro^posals^ntroduced—Levying^o^Taxes, Pro. 343 ; Education^ Pro. 61 ; Roads 
 
 and Bridges, Pro. 323 ; Suffrage, Pro. 20 ; Taxation, Pro. 6 _. 
 
 DUPEE, EUGENE H. : 3 ? 
 
 Present and oath .« . 113 
 
 Absent .. .35. 164, 165 
 
 Election contest . 
 
 Committees, standing: 41 
 
 Phraseology and Style. 41 
 
 Revenue, Taxation and Finance. 26 
 
 Committee, special .— • . 816 
 
 To attend funeral of Mrs. Small. . • •••••. -- • • • • • • •• • ■ * ; \ V ‘ V 47 ’ ‘ 254 • 
 
 Proposals introduced—Excess Conde yy r ' 0 n p r ^r°i22 24G, 251 ; "indebted: 
 
 ^ SSESKSi Co?pora'tions; Pr_os 24f; 249 ; 'Local Improvements Prm 
 
 250 : Property needed for Public Use, Pro. 251 , Authority an 
 lay out a City, Pro. 253. 
 
 DUPUY, GEORGE A. : 3 7 
 
 Present and oath .. .... .113, 254 
 
 Absent . 
 
 Committees, standing : 41 
 
 Chairman Committee on Schedule . 41 
 
 Judicial Department . 41 
 
 Initiative, Referendum and Recall .1 4 227 
 
 Proposa1s P introduced—Commission on Eda^tiin:. P™-’ ?' 
 
 Amendments to the Constitution, Pio. _1 d , Rights o P 
 
 Prohibit Strikes. Pro. 216. 262 724 
 
 Resolutions offered . 
 
 EDUCATION: , „ . T . 
 
 Commissioner of Education to replace the Superintendent of Public Instruc¬ 
 tion, Pro. 259. 
 
 Common school system, Pros. 27, 131. 
 
 Creates a Commission of Education, Pro. 214. 
 
 Election of school officers, Pro. 314. 
 
INDEX. 
 
 935 
 
 EDUCATION—Concluded. 
 
 PAGE. 
 
 To establish a Department of Professional Education, Pro. 139. 
 
 Education of children engaged in theatrical or musical performances, Pro. 334. 
 Non-sectarian reading of the Bible in the public schools, Pros. 84, 239, 307 
 348, 349. 
 
 Prohibiting the appropriating from any public fund in aid of any church. 
 Pro. 200. 
 
 Requires that all instruction shall be in the English language, Pros. 2 4, 
 35, 238. 
 
 Resolution in regard to teaching the Italian language in the public schools. 
 Pro. 121. 
 
 Retains Article 8 as part of the proposed Constitution, Pro. 10. 
 
 System of physical education and recreation for all children, Pro. 271. 
 System of free schools, Pros. 231, 235^ 238, 335. 
 
 Committee Report, Phraseology and Style, No. 4. 463 
 
 Article X, Constitution. 808 
 
 As delivered to the Secretary of State. 905 
 
 ELECTIONS : 
 
 Abolishing cumulative voting. Pros. 25, 57, 80. 
 
 Boards of county commissioners, Pro. 59. 
 
 Compelling citizens to vote. Pros. 164, 198, 204. 
 
 Extending suffrage to absent voters, Pro. 88. 
 
 Free and equal elections, Pro. 240. 
 
 Judges of Appellate Courts, Pro. 105. 
 
 Method of marking ballots, Pro. 315. 
 
 Requiring that all elections shall be honest, Pro. 31. 
 
 Sheriffs and county treasurers may succeed themselves in office, Pros. 41, 
 
 45, 52, 64. 
 
 State Treasurer shall be elected for four years and at the same time as other 
 State officers. Pro. 42. 
 
 Submission of proposed Constitution, Pro. 58. 
 
 Suffrage for qualified voters in military service, Pro. 28. 
 
 Time of elections, Pros. 180, 190, 186, 340. 
 
 Election Contest: 
 
 Robert E. Burke vs. Wm. H. Beckman and Eugene H. Dupee. 35, 164, 165 
 
 Special election to fill vacancies. 458 
 
 ELTING, PHILIP E.: 
 
 Present and oath. ? 7 
 
 Absent . !!!.!!..!. . flfii 
 
 Committees, standing: ’ . DD_L 
 
 Bill of Rights. 
 
 Corporations and Cooperative Associations....!!!!!. 4 n 
 
 Schedule . . 
 
 Petitions presented ... ’141 iqfi 
 
 Proposals introduced—Judicial Department, Pro. 9i';’ Re-hearing in’ the’ An- 
 pelate Court, Pro 123; County Courts, Pro. 124; Revenue, Pro. 227; Same 
 
 ffif'choffis Pro 3 T 8 3 a 49 t0 C . orporations > Pro - 347 > Reading of the Bible 
 
 EMINENT DOMAIN: 
 
 Excess condemnation, Pros. 118, 119, 237, 254. 
 
 In general, Pros. 120, 121. 
 
 Zoning, Pros. 122, 246, 251, 252, 253, 329. 
 
 EMPLOYEES OF CONVENTION: 
 
 President to appoint. 
 
 Salaries ...!!!!!!!!!!!!.!!. 
 
 EMPLOYEES, STATE : 
 
 Providing for a compensation for employees injured in course of employment, 
 
 EMPLOYMENT: 
 
 Protection of miners, Pro. 185. 
 
 Public employment control. Pro. 211. 
 
 EWING, REV. F. N.: 
 
 Chaplain . 
 
 EXCESS CONDEMNATION: 
 
 See Eminent Domain. 
 
 EXECUTIVE DEPARTMENT : 
 
 Amendments in Committee of the Whole. 
 
 As delivered to the Secretary of State. 
 
 Committee Report, No. 19, Phraseology and Style... 
 
 Creating an Executive Department, Pros. 316, 320. 
 
 Distribution of powers, Pro. 5. 
 
 Relative to Article 5. Executive Department, Pro. 7. 
 
 » . 819 
 . . 885 
 .. 430 
 
936 
 
 INDEX. 
 
 PAGE. 
 
 EXPENDITURES AND SUPPLIES: 
 
 Committee Report on Resolution No. 17. 64 
 
 Resolution offered .. .. 64 
 
 Report of committee. 851 
 
 Report by President on vouchers issued since September 12, 1922. 917 
 
 EXPENSES : 
 
 Committee attending funeral of Michael F. Sullivan.119, 120 
 
 FELONY: 
 
 Court to conduct inquiry, Pro. 332. 
 
 FERRIS, REV. J. W.: 
 
 Chaplain . 182 
 
 FIFER, JOSEPH W.: 
 
 Present and oath..2, 7 
 
 Absent .225, 287 
 
 Committees, standing: 
 
 Chairman Committee on Future Amendment to Constitution. 41 
 
 Legislative Department . 41 
 
 Qualifications and Election of Delegates. 41 
 
 Committee, special. 4 
 
 To adjust differences on Revenue. 501 
 
 To attend funeral of Mrs. Small. 816 
 
 To attend funeral of J. Mack Tanner. 567 
 
 FOOD COMMODITIES: 
 
 Prohibiting the fixing or establishing of the purchasing or selling price, 
 Pro. 288. 
 
 FORESTS: 
 
 Preservation and taxation of, Pros. 140, 141, 355. 
 FREE SPEECH: 
 
 Limits the right of free speech, Pro. 106. 
 
 FROLE, THOMAS F.: 
 
 Present and oath.2, 7 
 
 Committees, standing: 
 
 Industrial Affairs and Labor. 41 
 
 Initiative, Referendum and Recall. 41 
 
 Suffrage . 41 
 
 Committee, special. 26 
 
 Proposal introduced—Preamble of the Constitution, Pro. 341. 
 
 • 
 
 FUTURE AMENDMENT OF THE CONSTITUTION: 
 
 Committee Report . 643 
 
 Report of Committee of the Whole. 727 
 
 Report of Committee on Phraseology and Style, No. 23. 728 
 
 FYKE, EDGAR E. : 
 
 Present and oath. 
 
 Committees, standing: 
 
 Chairman Committee on Corporations and Cooperative Associations. 
 
 Industrial Affairs and Labor. 
 
 Revenue, Taxation and Finance. 
 
 Submission and Address. 
 
 Committee, special: 
 
 To attend funeral of J. Mack Tanner. 
 
 Petitions presented . 
 
 Proposals introduced—Banking, Pro. 155 ; State Banks, Pro. 156 ; Corpora¬ 
 tions, Pro. 245 ; Senatorial Districts, Pro. 128. 
 
 Resolution offered . 
 
 3, 7 
 
 40 
 
 41 
 41 
 
 727 
 
 567 
 
 190 
 
 572 
 
 GALE, GEORGE C. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Chairman Committee on Revenue, Taxation and Finance 
 
 Qualifications and Election of Delegates. 
 
 Rules and Procedure. 
 
 Committee, special: 
 
 To attend the funeral of Edward C. Curtis. 
 
 Proposal introduced—Roads and Bridges, Pro. 162. 
 Resolution offered .. 
 
 3 7 
 
 726, 740 
 
 .. . . 41 
 
 . . . . 41 
 
 , . . . 9 
 
 . . . . 116 
 
 .. .8, 27 
 
INDEX. 
 
 937 
 
 GANSCHOW, WILLIAM: 
 
 Present and oath. 
 
 Committees, standing: 
 
 Corporations and Cooperative Associations 
 
 County and Township Government. 
 
 Public Works and Improvements. 
 
 Submission and Address. 
 
 Petitions presented . 
 
 PAGE. 
 
 . 3, 7 
 
 . 40 
 . 40 
 . 41 
 . 727 
 . 198 
 
 GARRETT, BRUCE H.: 
 
 Present and oath. 
 
 Committees, standing: 
 
 Chairman Committee on Municipal Government... 
 
 Judicial Department . 
 
 Petitions presented . 
 
 Proposals introduced—General Assembly, Pro. 163*: 
 Exercise the Right of Franchise, Pro. 164. 
 
 Compelling Citizens to 
 
 2, 7 
 
 41 
 
 41 
 
 227 
 
 GEE, SYLVESTER J.: 
 
 Present and oath. 3 7 
 
 Absent ... co Vo’ 7-i <> 
 
 Committees, standing: . ’ ’ ** 
 
 Agriculture . 40 
 
 Judicial Department .* * * ' .. .Y 
 
 Municipal Government . !!!!!!!*.!! .!. 41 
 
 Committee, special .. ... . . .. .. 7 
 
 Petitions presented . [.**’’** . 214 
 
 Proposal introduced—Municipal Ownership, Pro. 192 Suffrage ’ Pro*193 • 
 Pardon or Parole, Pro. 194; Qualification for Holding Office, Pro* 195* 
 Reclamation of Swamp and Overflowed Land, Pro. 196 
 
 GENDER: 
 
 Words used importing Masculine Gender to include Feminine Gender, Pro. 
 
 GENERAL ASSEMBLY: 
 
 Amendments to the Federal Constitution, Pro. 215. 
 
 Appointment of committees, Pro. 212. 
 
 Apportionment, Pros. 25, 37, 98, 128, 141, 189, 237, 293, 350. 
 
 Budget System, Pros. 236, 305. 
 
 Laws shall take effect. Pros. 163, 221, 228. 
 
 Members of the General Assembly, Pro. 6 . 
 
 Methods of considering amendments to the Constitution of the United States 
 Pro. 142. ’ 
 
 Performance of duties, Pro. 199. 
 
 Rights and powers and duties of Legislative Committees, Pro. 352. 
 
 Special legislation, Pro. 143. 
 
 Article III, Constitution. 737 
 
 Provision for apportionment of. !!..!!!..!!!!!.!! 491 
 
 GILBERT, G. GALE: 
 
 Present and oath. 3 7 
 
 Absent .. . . ' ’55 581 
 
 Committees, standing: . 
 
 Executive Department . 40 
 
 Future Amendments to Constitution. 41 
 
 Committee, special: 
 
 To attend funeral of J. Mack Tanner. 507 
 
 Petitions presented. . 632 
 
 Proposals introduced—Circuit Court, Pro. 104; Election of Judges of the Ap¬ 
 pellate Court, Pro. 105 ; Omitting mention of Justices of the Peace Police 
 Magistrate and Constables as Officers in the Constitution Pro 135 • 
 Suffrage, Pro. 88 ; General Assembly, Pro. 89. 
 
 GILMARTIN, FATHER CHARLES: 
 
 Chaplain . 
 
 GOODYEAR, A. F.: 
 
 Present and oath. 
 
 Committees, standing: 
 
 Initiative, Referendum and Recall. 
 
 Judicial Department . 
 
 Committees, special: 
 
 To attend funeral of Edward C. Curtis 
 
 To attend funeral of Mrs. Small. 
 
 Petitions presented . 
 
 Resolutions offered . 
 
 73 
 
 . . . . 2, 7 
 
 . . . . 41 
 
 .... 41 
 
 . . . . 116 
 . . . . 816 
 218, 227 
 115, 816 
 
938 
 
 INDEX. 
 
 GORMAN, JOHN J. : 
 
 Present and oath. 
 
 Committees, standing: 
 
 Industrial Affairs and Labor. 
 
 Judicial Department . 
 
 Schedule . 
 
 Committee, special . 
 
 Report of committee attending funeral of Michael F. Sullivan 
 Resolutions offered . 
 
 PAGE. 
 
 ... . 1, 7 
 
 .... 41 
 
 .... 41 
 
 .... 41 
 
 . . . . 26 
 119, 120 
 . .26, 57 
 
 GRAIN: 
 
 Inspection of . . . 215 
 
 GRANT, GENERAL ULYSSES S. : 
 
 Program in commemoration of One Hundredth Anniversary of birth. 593 
 
 GRAY, WILLIAM S. : 
 
 Present and oath..7 
 
 Committees, standing: 
 
 Agriculture .. • • 
 
 County and Township Government. ’U 
 
 Education . ^0 
 
 To edit Debates, Chairman. ••••••••••••••••• ZJi 
 
 Proposals introduced—County Superintendent of Schools, Pro. 130 ; County 
 School Systems, Pro. 131; Schedule of Constitution of 1870, Pro. 149; 
 Sheriffs and County Treasurer, Pro. 64 ; Sheriffs and County Treasurer, 
 Compensation, Pro. 65. 
 
 GREEN, HENRY I.: 
 
 Present and oath.2, 7 
 
 Committees, standing: 
 
 Executive Department . ’V 
 
 Judicial Department . 
 
 Submission and Address. 
 
 Committee, special .. 
 
 To attend funeral of Edward C. Curtis. 
 
 Petitions presented ...... • • * 
 
 Proposals introduced—Political Freedom to Citizens, Pro. 129 ; Budget Sys¬ 
 tem, Pro. 305. ' p 
 
 Resolution offered . 
 
 GOVERNMENT: 
 
 Powers and form of. 
 
 As delivered to the Secretary of State 
 
 787 
 
 879 
 
 GRUBB, REV. C. B. : 
 Chaplain . 
 
 212 
 
 HAMILL, CHARLES H. : 
 
 Present and oath... 
 
 Address, provisions of proposed Constitution. 
 
 Committees, standing: 
 
 Chairman Committee on Phraseology’ and Style. 
 
 Future Amendment to Constitution. 
 
 Rules and Procedure. 
 
 Submission and Address. 
 
 Committee, special . 
 
 To adjust differences on Revenue. 
 
 President pro tem., presiding. 
 
 Petitions presented...• • • • • • • • • • • • • • ■; • • • 
 
 Proposals introduced—Bond Issue by City of Chicago, Pro. 181 ; Board of 
 Commissioners for Cook County, Pro. 17 8 ; Board of Commissioners for 
 down State, Pro. 179 ; County Superintendent of Schools, Pro. 182 ; Com¬ 
 pletion of State Capitol, Pro. 183; County Officers, Pro. 175 ; County Officers, 
 Pro. 176; County Officers, Pro. 177; Cumulative Voting for Directors of 
 Corporations, Pro. 174 ; Homestead and Exemption Laws, Pro. 184 ; Execu¬ 
 tive Department, Pro. 316 ; Convict Labor, Pro. 165 ; Warehouses. Pro. 
 166; Railroad Rates. Pro. 167; Railroads, Pro. 168; Protection of Miners, 
 Pro. 185; Railroads, Pro. 171; Railroad Service and Rates, Pro. 169; Rail¬ 
 roads, Pro. 170; Railroad Offices Records and Reports, Pro. 172; Refer¬ 
 endum on Banking Legislation, Pro. 173 ; Township Organization, Pro. 180. 
 
 3, 7 
 838 
 
 41 
 
 41 
 
 9 
 
 727 
 
 5 
 
 501 
 
 202 
 
 227 
 
 HASTINGS, REV. EDWARD E. : 
 Chaplain . 
 
 121 
 
 HEALTH: 
 
 Authorizes the General Assembly to enact laws to safeguard the health of 
 the people, Pro. 300. 
 
INDEX. 
 
 939 
 
 HEICKE, REV. R. H. : 
 
 Chaplain . 
 
 HELWIG, REV. H. D. : 
 
 Chaplain . 
 
 HINES, REV. HERBERT: 
 
 Chaplain ... 
 
 HOGAN, GEORGE W. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 County and Township Government 
 
 Executive Department . .... 
 
 Municipal Government . 
 
 Committee, special .! 
 
 HOLLENBECK, WILLIAM T.: 
 
 Present and oath. 
 
 Absent .’ * ’ ‘ ‘ 
 
 Committees, standing: 
 
 Agriculture . 
 
 Military Affairs . ...... 
 
 Miscellaneous Subjects . !!..*!! . 
 
 Committee, special: 
 
 To attend funeral of J. Mack Tanner. 
 
 Petitions presented. 
 
 HOLIDAYS : 
 
 Election . 
 
 HOME RULE : 
 
 Chicago, Pros. 21, 22, 55, 159. 
 
 Municipal corporations, Pro. 153. 
 
 Municipalities, Pros. 219, 246, 353. 
 Municipalities . 
 
 HOMESTEAD : 
 
 Homestead and exemption laws, Pro. 184. 
 
 Right of dower, Pro. 333. 
 
 PAGE. 
 . . . . 106 
 
 . . . Ill 
 
 270, 272, 273, 275 
 
 40 
 
 40 
 
 41 . 
 
 5 
 
 • . 3, 7 
 . . 603 
 
 . . 40 
 
 • . 41 
 
 . . 41 
 
 . . 567 
 
 • • 227 
 
 180 
 
 387 
 
 HULL, MORTON D.: 
 
 Present and oath. 
 
 Absent .. 
 
 Committees, standing: 
 
 Chairman, Committee on Chicago and Cook County. 
 
 Legislative .' 
 
 Committee, special: 
 
 To attend funeral of Edward C. Curtis. 
 
 Petitions presented .’ ..." *. 
 
 Proposals introduced—Executive Department, Pro.' '320 ;’ State' Official’s ’ Pro 
 283; Future Constitutional Convention, Pro. 210; Taxation Without Rep¬ 
 resentation, Pro. 113 ; Public Employment, Pro. 211. 
 
 2, 7 
 73 
 
 40 
 
 41 
 
 116 
 
 227 
 
 IARUSSI, MICHAEL: 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Education . 
 
 Executive Department .... 
 
 Industrial Affairs and Labor. 
 
 Committee, special . 
 
 Resolution offered . 
 
 Proposal introduced—Cook County Bonds, Pro. 260. 
 
 2, 7 
 ’486’, 491 
 
 . . . . 40 
 
 .... 41 
 
 - 41 
 
 , .. . 26 
 ... 121 
 
 ILLINOIS CENTRAL RAILROAD: 
 
 Moneys derived from company, Pros. 137, 256. 
 
 No release of charters or obligations. 191 
 
 Retains the separate section of present Constitution entitled “Illinois Central 
 Railroad,’’ as a part of proposed Constitution, Pro. 49. 
 
 INDUSTRIAL COURTS: 
 
 Address by Hon. Henry J. Allen. 130 
 
 Adjustment of disputes.107, 216 
 
 Creating an Industrial Court. 197 
 
 INDUSTRIAL AFFAIRS AND LABOR: 
 
 Report of Committee of the Whole. 7 52 
 
940 
 
 INDEX. 
 
 PAGE. 
 
 INDUSTRY: 
 
 Regulating strikes, lockouts and industrial differences, Pro. 203. 
 
 Rights of workmen, Pro. 232. 
 
 INITIATIVE, REFERENDUM AND RECALL: 
 
 Provides for, Pros. 133, 209, 230, 313. 
 
 Referendum on banking legislation, Pro. 319. 
 
 Separate submission to the electors of the Initiative and Referendum pro¬ 
 visions of the proposed Constitution, Pro. 134. 
 
 Suspension of measures submitted to a referendum vote, Pro. 318. 
 
 Committee report, Pro. 379. 
 
 INSURANCE: 
 
 State or other system of insurance against illness, old age and unemploy¬ 
 ment, Pro. 287. 
 
 IRELAND, CHARLES H.: 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Agriculture . 
 
 Corporations and Cooperative Associations 
 
 Public Works and Improvements. 
 
 Petitions presented . 
 
 Proposal introduced—Banks, Pro. 292. 
 
 ISRAEL, RABBI EDWARD L.: 
 
 Chaplain . 
 
 JACK, JAMES P. : 
 
 Present and oath. 
 
 Committees, standing: 
 
 Initiative, Referendum and Recall. 
 
 Municipal Government . 
 
 2, 7 
 73 
 
 40 
 
 40 
 
 41 
 227 
 
 64 
 
 3, 7 
 
 41 
 
 41 
 
 JARMAN, LEWIS A.: 
 
 Present and oath....3, 7 
 
 Committees, standing: 
 
 County and Township Government. 40 
 
 Municipal Government . 41 
 
 Public Works and Improvements. 41 
 
 Judicial Department . 291 
 
 Submission and Address. 727 
 
 Committees, special: 
 
 To arrange for celebration of the birthday of Abraham Lincoln. 42 
 
 To adjust differences on Revenue. 501 
 
 Petitions presented . 225 
 
 Proposals introduced—Sedition, Pro. 23 ; Education, Pro. 24 ; Apportionment, 
 
 Pro. 25; Judicial Department, Pro. 26; Courts, Pros. 38, 39, 40; Judiciary, 
 Pros. 67, 68 ; Cities and Municipal Corporations, Pro. 94 ; Taking of Testi¬ 
 mony in Equity Cases, Pro. 146 ; Powers of Supreme Court, Pro. 147 ; 
 Counties. Pro. 150 ; Relative to Circuit Courts, Pro. 151 ; Relative to County 
 Courts, Pro. 152; Appeals 1 in Bailable Cases, Pro. 218 ; Home Rule for 
 Municipalities, Pro. 219 ; Home Rule for Municipalities, Pro. 346. 
 
 Resolution offered, Pro. 30. 
 
 Resolution offered . 3 9, 95 
 
 JOHNSON, LAWRENCE C.: 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Agriculture . 
 
 Executive Department . 
 
 Public Works and Improvements. 
 
 Committee, special: 
 
 To attend funeral of Edward C. Curtis 
 
 3, 7 
 52 
 
 40 
 
 40 
 
 41 
 
 116 
 
 JOHNSON, WATTS A.: 
 
 Present and oath. 
 
 Absent .. 
 
 Committees, standing: 
 
 Miscellaneous Subjects . 
 
 Municipal Government . 
 
 Revenue Taxation and Finance. . 
 
 Petitions presented . 
 
 Proposals introduced—Juries, Pro. 
 ation. Pros. 71, 191. 
 
 3 7 
 
 40,’ 4*6*1, 661 
 
 . 41 
 
 . 41 
 
 '. 41 
 
 . 227, 231 
 
 86; Grand Jury System, Pro. 70. Tax- 
 
INDEX. 
 
 941 
 
 JOURNAL: 
 Correction of 
 
 PAGE. 
 
 . 726 
 
 JUDICIARY: 
 
 Committee report, Pro. 379. 
 
 Defining- judicial power and prohibiting the exercise of same by other agen¬ 
 cies than the Judicial Department, Pro. 50. 
 
 Distribution of powers, Pro. 5. 
 
 JUDICIAL DEPARTMENT: 
 
 Amendments in Committee of the Whole. 820 
 
 As delivered to the Secretary of State. 888 
 
 Judicial Districts . 706 
 
 Report No. 18, Phraseology and Style... 409 
 
 Report No. 24, Phraseology and Style, Article V. •. 794 
 
 JURIES: 
 
 Authorize the General Assembly to regulate the grand jury system, Pro. 70. 
 Authorizing verdicts in civil cases by less than a unanimous jury, .Fro. 86. 
 Certain defenses in suits at law to be questions of fact to be determined 
 solely by a jury. Pro. 322. 
 
 Trial by jury, Pro. 97, 217, 226. 
 
 Women eligible to serve on juries, Pro. 53. 
 
 JUSTICES OF PEACE: 
 
 Omits justices of peace, police magistrates and constalbes from the proposed 
 Constitution, Pro. 135. 
 
 KERRICK, THOMAS C.: 
 
 Present and oath. 
 
 Committees, standing: 
 
 Initiative, Referendum and Recall. 
 
 Revenue, Taxation and Finance. 
 
 Petitions presented . 
 
 Proposal introduced—Taxation, Pros. 66, 160, 161. 
 
 ....2, 7 
 
 .... 41 
 
 . . . . 41 
 
 227, 231 
 
 KUNDE, ERNEST: 
 
 Present and oath.2, 7 
 
 Absent .461, 486 
 
 Committees, standing: 
 
 Chicago and Cook County. 40 
 
 Corporations and Cooperative Associations. 40 
 
 Initiative, Referendum and Recall. 41 
 
 Committee, special .. 26 
 
 Proposals introduced—Personal Tax, Pro. 201; Manufacture, Sale and Distri¬ 
 bution of Beverages, Pro. 202; Prohibition of Options in Purchases and 
 Sales and Dealings in Stocks by Margins or Lottery, Pro. 224. 
 
 LABOR: 
 
 Committee report . 290 
 
 Report No. 22, Phraseology and Style.. 773 
 
 LAND CREDITS: 
 
 Report No. 14, Phraseology and Style. 384 
 
 LANDRETH, REV. LEWIS B.: 
 
 Chaplain . 632, 643, 661, 694, 679 
 
 LAND TITLES: 
 
 System of registering land titles, Pro. 81. 
 
 LATCHFORD, GEORGE P.: 
 
 Present and oath.2, 7 
 
 Committees, standing: 
 
 Initiative, Referendum and Recall. 41 
 
 Legislative Department . 41 
 
 Committee, special .26 
 
 To arrange for the celebration of the birthday of Abraham Lincoiri! 42 
 
 Petition presented . 227 
 
 Proposal introduced—Taxation, Pro. 261. 
 
 LEE, REV. I. E. : 
 
 Chaplain . 143 
 
 LEWIS, REV. H. B.: 
 
 Chaplain .,. 115 
 
942 
 
 INDEX. 
 
 LEGISLATIVE DEPARTMENT : 
 
 Distribution of powers, Pro. 5. 
 
 Relating to the General Assembly, Pro. 6 . 
 
 Amendments in Committee of the Whole. 
 
 Article III, of the Constitution.. 
 
 As delivered to the Secretary of State. 
 
 Report No. 12, Phraseology and Style. 
 
 Report on section 29, Phraseology and Style. 
 
 Substitute section for apportionment. 
 
 Supplemental report on sections 6 and 7. 
 
 LILL, HERBERT F. : 
 
 Present and oath. . . . 
 
 Committees, standing: 
 
 County and Township Government. 
 
 Miscellaneous Subjects . 
 
 Municipal Government . 
 
 Proposals introduced—County Government, Pro. 158. 
 
 PAGE. 
 
 818 
 
 787 
 
 879 
 
 342 
 
 590 
 
 491 
 
 459 
 
 3, 7 
 
 40 
 
 41 
 41 
 
 LINCOLN, ABRAHAM: 
 
 Resolution for memorial exercises. . . 30 
 
 Exercises . 72 
 
 I4INDLY, CICERO J. : 
 
 Present and oath. 3 } 7 
 
 Absent . 64 
 
 Committees, standing: 
 
 Chairman Committee on Public Works and Improvements. 41 
 
 Legislative Department . 41 
 
 Submission and Address. !!....!.*!!!!..!!!! 727 
 
 Committee, special: 
 
 To attend funeral of Edward C. Curtis. 116 
 
 To adjust differences on Revenue. 501 
 
 To attend funeral of Mrs. Small. 816 
 
 To attend funeral of J. Mack Tanner. 567 
 
 Placed in nomination Charles E. Woodward for Temporary President. 4 
 
 Placed in nomination Charles E. W T oodward for President. 7 
 
 Petitions presented .172, 217 
 
 Resolution offered . ’ 7 
 
 Proposals introduced—Apportionment, Pro. 87 ; Improvement of Lakes, Rivers 
 and Streams, Pro. 265 ; Taxation, Pro. 154. 
 
 LOCAL GOVERNMENTS : 
 
 As delivered to the Secretary of State 
 
 898 
 
 LOHMAN, GEORGE F. : 
 
 Present and oath...2, 7 
 
 Committees, standing: 
 
 Corporations and Cooperative Associations. 40 
 
 Proposals introduced—Registering Land Titles, Pro. 81; Public Utilities, Pro. 
 96 ; Charters of Benevolent and Fraternal Organizations, Pro. 157 ; Per¬ 
 formance of the Duties Imposed by the Constitution, Pro. 199 ; Prohibiting 
 the Appropriating of any Public Fund for Sectarian Purpose, Pro. 200 ; 
 the Issuance of Bonds for Home Building and Buying of Lands by Citizens, 
 Pro. 284 ; Public Utilities, Pro. 285 ; Suffrage for Women, Pro. 299 ; Health 
 Laws, Pro. 300 ; Mortgage Registration Tax, Pro. 328. 
 
 LOCAL GOVERNMENTS : 
 
 Amendments in Committee of the Whole. 823 
 
 Article VIII, Constitution. 802 
 
 LOWDEN, FRANK O. : 
 
 Call Convention to order. 1 
 
 LUMSDEN, REV. E. C. : 
 
 Chaplain . 166 
 
 MACK, DAVID E. : 
 
 Present and oath.3, 7 
 
 Absent ...105, 55, 210, 491 
 
 Committees, standing: , 
 
 Distinction Between Constitutional and Legislative Subjects. 40 
 
 Judicial Department . 41 
 
 Petitions presented .136, 145 
 
 Proposal introduced—Taxation, Pro. 338. 
 
 MATTHEWS, REV. S. A.: 
 Chaplain . 
 
 171 
 
INDEX. 
 
 943 
 
 PAGE. 
 
 MAYER, LEVY: 
 
 Present and oath.7 
 
 Committees, standing': 
 
 Chicago and Cook County. 'JO 
 
 Judicial Department . 41 
 
 Qualifications and Elections of Delegates. 41 
 
 QTiPrip 1 . ..... * 
 
 Proposals introduced’—Courts, Pro. 225 ; Juries, Pro. 226. 
 
 Death of . 8 '0 
 
 McBRIDE, F. SCOTT : 
 
 Protest entered against. 488 
 
 McCANN, B. H.: 
 
 Temporary Secretary. 4 
 
 Secretary. _8 • 
 
 Vote of thanks for. 876 
 
 McCORMICK, MEDILL: 
 
 Addressed Convention. 81 
 
 McCOWAN, REV. R. S.: 
 
 Chaplain .726, 728, 733 
 
 McEWEN, WILLARD M. : 
 
 Present and oath.2, 7 
 
 Absent .73, 461, 610 
 
 Committees, standing: 
 
 Distinction between Constitutional and Legislative Subjects. 40 
 
 Judicial Department . 41 
 
 Qualifications and Elections of Delegates. 41 
 
 Committee, special . 26 
 
 Petitions presented .190, 206, 227 
 
 Proposals introduced—Court of Domestic Relations, Pro. 331 : Appointment 
 Judges of the Appellate Court, Pro. 274 ; Superintendent of Courts, Pro. 
 275 ; Pleading, Practice and Procedure of the Judicial Department, Pro. 
 277 ; Specifying certain Courts as part of the Judicial System, Pro. 272 ; 
 Special Election of Judges of Criminal Courts in Cook County, Pro. 273 ; 
 Initiative, Referendum and Recall, Pro. 209. 
 
 McFADDEN, REV. S. W. : 
 
 Chaplain . 10 
 
 McGUIRE, S. W.: 
 
 Present and oath.3, 7 
 
 Absent .64, 726, 828 
 
 Committees, standing: 
 
 County and Township Government. 40 
 
 Initiative, Referendum and Recall. 41 
 
 Suffrage . „. 41 
 
 Petitions presented .-.198, 214 
 
 MEMORIAL : 
 
 Roger C. Sullivan, offered by O’Brien.145, 146 
 
 MERRILL, DONALD L.: 
 
 Votes received at election. 164 
 
 MEINERT, HENRY W. : 
 
 Present and oath.3, 7 
 
 Committees, standing: 
 
 Agriculture . 40 
 
 Military Affairs . 41 
 
 Miscellaneous Subjects . 41 
 
 Petitions presented. 202 
 
 MICHAELSON, M. A. : 
 
 Present and oath.2, 7 
 
 Absent . 105 
 
 Committees, standing-: 
 
 Distinction Between Constitutional and Legislative Subjects. 40 
 
 Miscellaneous Subjects . 41 
 
 Municipal Government . 41 
 
 Committee, special . 26 
 
 To arrange for the celebration of the birthday of Abraham Lincoln. 42 
 
 Petitions presented .108, 227, 239 
 
 Proposals introduced—Officials Holding More than One Public Office, Pro. 
 342 ; Right of Dower, Pro. 333 ; Vesting Power of Townships in City Coun¬ 
 cils, Pro. 290; Food Commodities, Pro. 288 ; Revenue by Taxation, Pro. 
 289 ; Publicity of New Constitution, Pro. 286 ; Old Age Pensions, Pro. 287. 
 
944 
 
 INDEX. 
 
 MICHAL, CHARLES J.: 
 
 PAGE. 
 
 Present and oath. 
 
 Absent ..... . 
 
 Committees, standing-: 
 
 Chicago and Cook County. 
 
 Corporations and Cooperative Associations.!. 
 
 Industrial Affairs and Labor. 
 
 Committee, special . \ . 
 
 Proposals introduced—Committee Holding Investigations or Conducting Busi¬ 
 ness of Public Interest, Pro. 352; Collection of Taxes, Pro. 344; Employ¬ 
 ment of Convict Labor, Pro. 345 ; Judiciary, Pro. 325 ; Personal Injuries 
 Determination of Facts by Jury, Pro. 322; Wrestling. Pro. 75; Taxation, 
 Pro. 76; Manufacture of Beers and Beverages, Pro. 77; Taxes. Pro. 72; 
 Defining Intoxicating Liquors and Beverages, Pro. 73 ; Boxing, Pro 7 4 
 Resolution offered . 
 
 2, 7 
 732 
 
 40 
 
 40 
 
 41 
 26 
 
 243 
 
 MIGHELL, LEE; 
 
 Present and oath. 
 
 Committees, standing: 
 
 Future Amendment of Constitution. 
 
 Industrial Affairs and Labor. . 
 
 Legislative Department . 
 
 Committee, special . . 
 
 To attend funeral of Edward C. Curtis..! 1.!!!..!!.'!!!!!".! . 
 
 Petitions presented . 
 
 Proposals introduced—Double Taxation, Pro. 1 ; Future Constitutional Con¬ 
 ventions and Amendments to the Constitution, Pro. 90 ; Apportionment, 
 Pro. 141 ; Industrial Court, Pro. 197 ; Suffrage, Pro. 198. 
 
 Resolution offered . 
 
 2, 7 
 
 41 
 
 41 
 
 41 
 
 5 
 
 116 
 
 227 
 
 458 
 
 MILITIA: 
 
 Establishment of a military system in Illinois, Pros. 112. 234. 
 
 Retains Article 12, of the Constitution of 1870 as part of the proposed Con¬ 
 
 stitution, Pro. 14. 
 
 Amendments in Committee of the Whole. 823 
 
 Article VI, Constitution. 808 
 
 As delivered to the Secretary of State... 906 
 
 MILLER, AMOS C. : 
 
 Present and oath.2, 7 
 
 Absent . 491 
 
 Committees, standing : 
 
 Chicago and Cook County. 40 
 
 Executive Department . 40 
 
 Industrial Affairs and Labor. 41 
 
 Committee, special: 
 
 To attend funeral of Edward C. Curtis. 116 
 
 Proposal introduced—Judiciary, Pro. 56. 
 
 MILLS, ANDREW H. : 
 
 Present and oath.3, 7 
 
 Committees, standing: 
 
 Initiative, Referendum and Recall. 41 
 
 Schedule . 41 
 
 Suffrage . 4l 
 
 Committees, special: 
 
 To approve Journals. 875 
 
 To attend funeral of J. Mack Tanner. 567 
 
 Petitions presented .218, 225, 227 
 
 Proposals introduced—Taxation, Pro. 241 ; Reading of the Bible in the Public 
 Schools, Pro. 240 ; Representation in the General Assembly, Pro. 237 ; 
 Teaching English Language to Foreigners, Pro. 238 ; Schools, Pro.j 235 ; 
 Appellate Courts, Pro. 100 ; Taxation, Pro. 101 ; Supreme Court, Pro. 102 ; 
 Reading of the Bible in the Public Schools, Pro. 32 ; Qualifications of 
 Governor and Lieutenant Governor, Pro. 33 ; Suffrage to Women, Pro. 34 ; 
 English Language Taught in Schools, Pro. 35 ; Exemption of Lands Do¬ 
 nated for Educational Purposes from Taxation, Pro. 99. 
 
 MILLSPAUGH, A. C. : 
 
 Provisional Secretary . 1 
 
 MONOPOLIES : 
 
 Preventing monopolies, Pro. 148. 
 
INDEX. 
 
 945 
 
 MOORE, CHARLES B. T. : 
 
 Present and oath. 
 
 Committees, standing : 
 
 Future Amendment of Constitution. 
 
 Military Affairs . 
 
 Phraseology and Style. 
 
 Committee, special. 
 
 To attend funeral of J. Mack Tanner. . ! !!!!!! ! 
 
 Petitions presented . 
 
 Proposal introduced—Collective Bargaining, Pro. 206. 
 
 PAGE. 
 
 .3, 7 
 
 . 41 
 
 . 41 
 
 . 41 
 
 . 5 
 
 . 567 
 
 227, 157, 208, 225 
 
 MORRIS, EDWARD H. : 
 
 Present and oath. 
 
 Committees, standing: 
 
 Bill of Rights. 
 
 Legislative Department . !!*.!!!*.!!!!!" 
 
 Schedule .’ 
 
 Submission and Address.. 
 
 Committee, special ... 
 
 Proposals introduced—Equal Rights Without Regard to ’ Race 
 Pro. 136 ; Illinois Central Railroad, Pro. 137. 
 
 or 
 
 Color, 
 
 1, 7 
 
 40 
 
 41 
 41 
 
 727 
 
 7 
 
 MORTGAGE: 
 
 To prevent double taxation of real estate and the mortgage debts or liens 
 secured thereby, Pro. 1. 
 
 MUNICIPALITIES : 
 
 Home Rule, Report No. 15, Phraseology 
 
 and Style. 
 
 
 NICHOLS, JAMES: 
 
 Present and oath. 
 
 . 
 
 
 Absent . 
 
 Committees, standing: 
 
 Bill of Rights. 
 
 
 
 County and Township Government. . . . 
 
 
 
 Military Affairs . 
 
 
 
 Petitions presented . 997 
 
 Proposal introduced—Suffrage to Men in 
 
 Military Service, Pro. 28. 
 
 
 NORBURY, ROBERT: 
 
 Votes received . 
 
 % 
 
 
 O’BRIEN, MARTIN J. : 
 
 Present and oath.. 2 7 
 
 £ bser) t ^ . . • • ..!!!!!!!!!!!!!!!!!!!!! '.iz', 1 6V,. 4 86 
 
 Committees, standing: 
 
 Chairman of Miscellaneous Subjects. 41 
 
 County and Township Government.. . . . 40 
 
 Revenue, Taxation and Finance. 4 ] 
 
 Submission and Address. 727 
 
 Committee, special .. . ......... ' ' ‘ ' ' '5 26 
 
 To attend funeral of Mrs. Small.... 816 
 
 Death of mother. 167 
 
 Memorial offered to the memory of Roger C. Sullivan.145* 146 
 
 Proposals introduced—Courts Conducting Inquiries, Pro. 332 ; Taxation Pro! 
 
 63 ; Taxation, Pro. 85 ; Taxation, Pro. 266. 
 
 O’BRIEN, MRS. BRIDGET : 
 Death of . 
 
 169 
 
 OFFICERS, PUBLIC: 
 
 Election and appointment, Pro. 340. 
 
 Qualifications of candidates for office, Pros 195 335 
 
 P T™ t ^ P ^ bl i C .° ffl o C , i o ls from drawin g two salaries from public funds at 
 ►-aiTiG ume, Jli*o. o 
 
 the 
 
 OFFICERS. STATE: 
 
 GO o?h r e n r 0r offlSal S L 'p U ro n '3,? t Governor sba11 be American born, also regulating 
 
 St tMce^d ea himIelf, S fro. b 42. e ' eCted '° r f ° Ur yearS and sha " be <>llgib,e t0 
 
 OFFICIAL REPORTER: 
 
 Appointed . 
 
 Notice for correction of Constitution debates! !!!!!!!!!!!!!!!!. 
 
 —60 C J 
 
946 
 
 INDEX. 
 
 PADDOCK, JAMES H. : 
 
 Present and oath. 
 
 Absent .. 
 
 Committees, standing-: 
 
 Legislative Department . 
 
 Miscellaneous Subjects . 
 
 Expenditures and Supplies.1 . 
 
 Committee, special: 
 
 To attend funeral of Mrs. Small. 
 
 Petitions presented . 
 
 Resolution offered ... . ! . . . ! 
 
 PARDONS AND PAROLES: 
 
 Denying the right of pardon or parole to certain persons, Pro. 194. 
 
 PAGE. 
 
 . 3, 7 
 . 52 
 
 . 41 
 . 41 
 
 . 2 ? 
 
 . 567 
 . 155 
 . 246 
 
 PARKER, CHARLES V. : 
 
 Present and oath. 
 
 Absent .. 
 
 Committees, standing: 
 
 Agriculture . 
 
 Corporations and Cooperative Associations 
 Industrial Affairs and Labor. 
 
 3, 7 
 64 
 
 40 
 
 40 
 
 41 
 
 PEARCE, PRINCE A. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Judicial Department . 
 
 Qualifications and Election of Delegates 
 
 Rules and Procedure. 
 
 Committee, special . 
 
 Resolution offered .' 
 
 PENHOLLEGEN, REV. W. H. : 
 
 Chaplain . 
 
 . 
 
 PENSIONS : 
 
 Funds contributed by employees. 
 
 3 7 
 
 *5*2* ’ 64," "84," 1*1 V, 491 
 
 . 41 
 
 . 41 
 
 . 9 
 
 .7, 8 
 
 . 50 
 
 817, 781 
 
 219 
 
 PETITIONS : 
 
 From Boys’ Brotherhood Republic. 31 
 
 Central Health Committee. 35 
 
 Members of Methodist Church Congregation . 141 
 
 State Chairman of National Lutheran Council . 145 
 
 Citizens of Carbondale. 196 
 
 Christian County ..*.*.*.*.'.*.*.*.'.*.*!.*.'!*!!!!.!!!!!*. 202 
 
 clay county ....’!..!!.!’.’.!*.!!*.!!!!’.*.!*.*. .! 202 
 
 Cook County . 198 206, 208, 214, 224, 227, 231, 239 
 
 Danvers .. .......... _......... 231 
 
 Decatur . !.’!!..!!!!!!!!’.!!!*.!!!’.!! 20 s 
 
 DuPage County .’. ._. .'.*2*02, 208 
 
 Effingham County . 190 202 
 
 Elvaston . 136 
 
 Forty-eighth District . 214 
 
 Greenview . *.!..!!!!.!!..!!'.!!*. 172 
 
 Hartsburg . . 157 
 
 Jackson County .. .’.’.Y.’.Y.’.*.*.'.*.’.*.*. *1*9*8* 214 
 
 Kirkwood .... . . . . .’ 196 
 
 Loami Township .Y ..!... Y Y !. Y * Y Y Y Y Y Y. 155 
 
 Madison County. .194,’ 206,’ *2*2*1*, 217 
 
 Marion County . 202 
 
 Mattoon . 206 
 
 Montgomery County . 190 
 
 Pulaski County . ' ' ' 214 
 
 Randolph County . Y_! ! i98,'*2*0*2, 214 
 
 Viola . 167 
 
 PETITIONS : 
 
 Relating to enactment of laws relative to health 
 
 interests of boys. 
 
 home rule . 
 
 reading of the Bible in the public schools. 
 
 172, 190, 194, 196, 198, 202, 206, 208, 214, 
 
 profession and practice of healing. 
 
 taxation .. 
 
 .225, 231 
 
 . 31 
 
 . 2^4 227 
 
 .136, 141* 1*45*,' 1.55,’ *15*7*,' 167j 
 217, 218, 221, 227, 231, 239, 632 
 
 . 35 
 
 . 227 
 
 PHILLIPS, REV. W. S.: 
 Chaplain . 
 
 261, 263, 266 
 
INDEX. 
 
 947 
 
 PAGE. 
 
 PHRASEOLOGY AND STYLE: 
 
 Ordered to engross Constitution.826, 837 
 
 Report enrolled Constitution. 837 
 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 Report No. 
 
 4, Education . 463 
 
 5, Boundaries . 469 
 
 6, Corporations . 477 
 
 7, Suffrage and Elections.. • 294 
 
 8, City of Chicago.649, 556, 301 
 
 9, Bill of Rights. 321 
 
 10, Preamble . 333 
 
 11, Revenue . 334 
 
 12, Legislative Department . 342 
 
 13, Canals and Waterways. 379 
 
 14, Land Credits . 384 
 
 15, Zoning . 387 
 
 16, Cook County . 394 
 
 17, Counties . 399 
 
 18, Judicial Department . 409 
 
 19, Executive Department. 430 
 
 20, Future Amendment to the Constitution. 728 
 
 21, Schedule . 755 
 
 22, Labor . 773 
 
 23, Submission and Address.775, 754 
 
 24, Constitution as a Unit. 785 
 
 Supplemental Report on Sections 6 and 7. Report 12. 459 
 
 PINCUS, S. E. : 
 
 Present and oath.• .. 
 
 Absent .67, 
 
 Committees, standing: 
 
 Bill of Rights. 
 
 Future Amendment of Constitution. 
 
 Miscellaneous Subjects . 
 
 Committee, special ... 
 
 Proposals introduced—Trial by Jury, Pro. 9 7 ; Athletic Exhibitions, Pro. 98 ; 
 Schedule, Pro. 297 ; Public Utilities of Municipalities, Pro. 298 ; Taxation, 
 Pro. 69. 
 
 2, 7 
 113 
 
 40 
 
 41 
 41 
 26 
 
 PINNELL, B. H.: 
 
 Present and oath. 462 
 
 Absent . 538 
 
 Pay and mileage. 850 
 
 POTTS, ERNEST D.: 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Executive Department .. 
 
 Industrial Affairs and Labor. 
 
 Initiative, Referendum and Recall 
 Committee, special. 
 
 3 7 
 
 52, 64,* 73, ’84 
 
 . 40 
 
 . 41 
 
 . 41 
 
 . 26 
 
 PREAMBLE .. ^85 
 
 Adopts Preamble of 1870 as the Preamble of the proposed Constitution, Pro. 2. 
 Omitting certain words from the Preamble of the present Constitution, Pro. 
 
 341. 
 
 Relative to Preamble, Pros. 221, 222. 
 
 Amendments in Committee of the Whole. 817 
 
 As delivered to the Secretary of State. 877 
 
 PRESIDENT OF CONVENTION: 
 
 Permanent . 
 
 Petition . 
 
 Special Committees, appointment. 
 
 Standing Committees, appointment. 
 
 Temporary . 
 
 Resolution expressing appreciation of the Convention 
 
 . 8 
 
 . 31 
 
 42, 116, 128 
 
 .40, 41 
 
 . 4 
 
 . 875 
 
 PRODUCE: 
 
 Inspection . 
 
 PROHIBITION : 
 
 Defining intoxicating liquors and beverages, Pro. 73. 
 
 Manufacture, transportation and distribution of beverages containing less 
 than 5 per cent alcohol, Pro. 202. 
 
 Permits manufacture, sale and distribution of beer, Pro. 77. 
 
 PUBLIC LIBRARIES: 
 
 Authorize counties to lexy taxes for, Pro. 62. 
 
 General Assembly shall provide for a system of, Pro. 61. 
 
948 
 
 INDEX. 
 
 PAGE. 
 
 PUBLIC OFFICERS: . _ , ,, 9 . Q 
 
 Establishment of death, disability and retirement funds, Pro. 243. 
 
 PUBLIC RECORDS: 
 
 Preservation of the public records of the State, Pro. 297. 
 
 PUBLIC SERVANTS: 8 23 
 
 Amendments in Committee of the Whole.‘ . 904 
 
 As delivered to the Secretary of State. 
 
 PUBLIC UTILITIES : 
 
 Cities and villages may regulate, Pro. 78. villages and other muni- 
 
 ^ P p 0 J«rp®»aOTs'to m MK operate ’and lease any public utility, Pro. 285. 
 
 Samttf'th^right'to permit the constructing, operating and regulating pub- 
 
 mSSiS‘ colorations, may regulate, own operate and control, Pro. 268. 
 Regulating public service corporations, Pro. 30. 
 
 Regulating ot rates, charges and practices. Pro. 245. 
 
 QUALIFICATION AND ELECTION OF DELEGATES. 452 
 
 Committee report . 
 
 QUINN, FRANK J.: .;.2, 7 
 
 Present and oath. ; . 
 
 Committees, standing: 40 
 
 Bill of Rights. .•••••••■;• .. " ... 40 
 
 Chicago and Cook County. 41 
 
 Legislative Department . 9 
 
 Rules and Procedure. !!.'.’!!!! ... 4 
 
 Committees, special . 
 
 RAILROADS . , TDvry 1 ft 7 
 
 ^ulSentMbi SJSS to,corporations, Pro. 1.8. 
 
 Offices, records and reports Pro 1<-. 
 
 lolUnf’'s^cTtrbe^consTdered personal property for purposes of execution 
 
 and°sale, Pro. 171. 
 
 Service and rates, Pro. lby. 
 
 REAL ESTATE: , c A ,0 
 
 Administration in the p Jobate 0°^ Pro. 36. 
 
 Assessing taxes upon real estate, Pro. 7 A 
 
 Double taxation, Pro. 1. 
 
 Exemption from taxation, Pro. ID . 
 
 RECLAMATION: 
 
 Swamps and overflowed lands, Pro. 196, 373. 
 
 RELIGION : n nr _. 
 
 Reading ot Wblie Schools, Pros. 24, 32, 84, 239, 307, 348, 
 
 349, 376. 
 
 RESOLUTIONS: .286, 
 
 ifirGovelno'r H.' T.', ’of: Kansas; YnviiaUon to' adireks Convention .... 
 Appointment of a proof reader. . 
 
 Appreciation of services of President.... . 
 
 Authorfzing i ^’esiderm S to "employ"assistants to conclude work of Convent 
 
 gSmmittee M on • teedemils/' appoiniment 
 
 rSiS 8 and ' Procedure, ’ j,'-U. 
 
 ?°o aSSffciSrf. ; 
 
 gS!lS’g^ou,° n aml &g;toys' of' Convention 
 
 Curtis. Hon. Edward C., death.. . 
 
 Cutting, Mrs. Charles S., death.. 
 
 gfjJributiSfof 6 bound copies' of ' 6'o'n'stitution. 
 
 Drawing for seats by Delegates. . 
 
 Election of a President.. ' . 
 
 Election to fill vacancies. 
 
 291, 
 
 oi 
 
 458 
 
 127 
 
 50 
 
 31 
 
 875 
 
 849 
 875 
 
 1, 72 
 5 
 71 
 9 
 4 
 7 
 
 246 
 95 
 115 
 262 
 39 
 
 850 
 9 
 7 
 
 458 
 
INDEX. 
 
 949 
 
 RESOLUTIONS—Concluded. PAGE - 
 
 Employees compensation . 
 
 Expressing sympathy for absent Delegates’. !!!!!!!!.’!!! . col 
 
 Fixing a time limit on speeches. . 
 
 Instruction of the Italian language in schools! !’.!!!!! . i 01 
 
 Lincoln, Abraham, memorial exercises. . 
 
 McCormick, Hon. Medill, invitation to address Convention. jj" 
 
 Mayer, Levy, death . . 
 
 O’Brien, Mrs. Bridget, death.!. £ 
 
 President to certify vouchers for necessary expenses. sc 
 
 Printing and distribution of proposed Constitution..oV Jq 
 
 Small, Mrs. Len, death. . 
 
 Sullivan, Hon. Michael F., death. .!!!!!!!!!!!!!!’!! . 
 
 Sullivan, Mrs. Ethel, compensation. !.'!!!!!! . 
 
 Sherman, Hon. L. Y., invitation to address Convention. r 4 
 
 Tanner, Col. J. Mack, death. .. 
 
 Relative to tenure of office at adoption of this Constitution. ni 7 
 
 Relative to daily sessions of the Convention. . r^c 
 
 Relative to signing of Constitution. . 
 
 To investigate the subject of bank laws in this State! ! ! ! !! ! ! !! !! .' ! !‘ * 243 
 
 REVELL, ALEXANDER H. : 
 
 Present and oath. 
 
 Absent •••••••*••••••••, • ... , O) 1 
 
 Committees, standing: .^ 4 ’ 4 ® 4, 4 ^6 
 
 Bill of Rights.'. 
 
 Future Amendment of Constitution. !!!!!!!!!!!!! . . . I? 
 
 Industrial Affairs and Labor. . H 
 
 Pr ° p ° sa T ls introduced—Public Schools, Pro! ’337 j ' Election of Senator's ' Pro 
 Pro’ 27° yalty TeSt f ° r Candldates Seeking Public Office, Pro. 335 ; Schools! 
 
 REVENUE: 
 
 Assessing of taxes upon real estate, Pro. 72. 
 
 Assessment and collection of taxes by municipal corporations Pros 160 161 
 Al p?o rl fll g estabhshment of separate class consisting of tangible* property! 
 
 Bachelors tax, Pro. 109. 
 
 Classification of property for taxation, Pro. 63. 
 
 County collector of taxes. Pro. 223. 
 
 ^R^roa^P^o 1 ^ taxin& bodies of moneys collected from Illinois Central 
 
 Double taxation of real estate, Pro. 1 . 
 
 Exemption from taxation : 
 
 Bridges forming a boundary between this State and another Pro 302 
 Funds, moneys and properties used for benevolent and charitable "pur¬ 
 poses, Pro. 154. 1 
 
 Household goods and personal property, Pros. 43 69 76 201. 
 
 Incorporated societies of veterans of any war Pro 306 
 Parsonages, Pro. 257. 
 
 Properties of certain corporations and institutions, Pros 101 103 
 School property, Pros. 99, 241. ' 
 
 State bonds. Pros. 114, 270. 
 
 Forests. Pros. 140, 141. 
 
 Ge tion a pro S 266 bly maY Create additional exemptions of property from taxa- 
 
 Levy and collection of taxes, Pros. 85, 191, 327, 343. 
 
 Listing of property for assessment for purposes of taxation Pro. 186 
 Local improvements to be defrayed by special assessment Pro 250 
 Mortgage registration tax. Pro. 328. 
 
 New tax system, Pro. 244. 
 
 Occupations, businesses and trades which may be taxed Pro 66 
 
 26i r 326 r the SUbject of revenue is vested in the General Assembly, Pros. 
 
 Property shall be taxed in proportion to the actual cash value, Pro 289 
 Road and bridge purposes shall be levied by county boards, Pro 162" 
 
 Sale of real property for taxes, Pro. 260. 
 
 System of taxation, Pros. 54, 71. 
 
 Taxation of real property, Pro. 92. 
 
 Taxation without representation, Pro. 113. 
 
 Taxation of all tangible property uniformly in proportion to value Pro. 338 
 Lnifoim taxation of all tangible property, the classification of intangible 
 property and for taxation of incomes, Pro. 227 
 validation and collection of taxes, Pro. 344. 
 
 Article VII, Constitution.. one 
 
 Amendments in Committee of the Whole.. 099 
 
 As delivered to the Secretary of State. !!!!!!!!!!!!!!!!!! - 895 
 
 Program of propositions to be considered in Committee of the Whole. 500 
 
 Report of Committee of the Whole. . 0 V 7 
 
 Report by special committee. .rn? 
 
 Report by Delegate Fifer. . 0U4, gjjg 
 
950 
 
 INDEX. 
 
 RIGHTS OF CITIZENS: 
 
 Defining rights of citizens, Pro. 79. 
 
 No person shall be deprived of any right exercised by any corporation, Pro. 
 347 . 
 
 Political freedom, Pro. 129. 
 
 Protect the rights of employees and to prohibit strikes in certain cases, Pro. 
 216 . 
 
 Providing a Bill of Rights, Pro. 229. 
 
 Right to obtain law right and justice freely and promptly without being 
 required to purchase it, Pro. 108. 
 
 Rights of workmen, Pro. 232. 
 
 Without regard to race or color, Pro. 136. 
 
 RINAKER, THOMAS: 
 
 Present and oath. 7 
 
 Committees, standing: . ’ 
 
 Chairman Committee on Bill of Rights. 40 
 
 Legislative Department . 41 
 
 Phraseology and Style.41 
 
 Committee, special . .!..!!!!!*.!!! 8 
 
 To adjust differences on Revenue.501 
 
 To approye Journals. ’***’’’ 875 
 
 Petitions .225 
 
 Proposals introduced—Adjustment of strikes, Pro. 207 ; Bill of Rights, Pro. 
 
 RILEY, REV. LESTER LEAKE: 
 
 Chaplain .27, 79 
 
 ROADS AND BRIDGES: 
 
 Construction and improvement of roads, highways and bridges by special 
 assessment, Pro. 323. 
 
 ROBINSON, REV. J. T. : 
 Chaplain . 
 
 ROGERS, REV. W. T. : 
 
 Chaplain . 459 
 
 ROSENBERG, MICHAEL : 
 
 Present and oath.2 7 
 
 Absent . . .".*40 52 
 
 Committees, standing: 
 
 Corporations and Cooperative Associations. 40 
 
 Education . \ \ 40 
 
 Qualification and Election of Delegates. 4*1 
 
 Committee, special . !...!. 26 
 
 Resolutions offered .. . . . . .’. 39 *, 169 
 
 Proposal introduced—Education, 334. 
 
 RULES : 
 
 Adopted . 26 
 
 RULES AND PROCEDURE: 
 
 Committee reports: 
 
 Appointment of a committee to supervise the correcting and printing of the 
 
 Convention Debates . 128 
 
 Assignment of the several articles of the Constitution to the various com¬ 
 mittees ... 41 , 42 
 
 Committee meetings . 154 , 155 
 
 General procedure .211 
 
 Invitation to the Hon. Henry J. Allen, Governor of Kansas to address Con¬ 
 vention . 126 
 
 Plan and policy to be followed in the preparation and draft of the new 
 
 Constitution . 131 
 
 Plans for celebration of the birthday of Abraham Lincoln. 42 
 
 Relating to convening hour of Convention. 167 
 
 Resolution No. 22. 122 
 
 Resolution No. 25.126 
 
 Resolution.! ] 243 
 
 Rule 23 “Order of Business”.61, 62 
 
 Special Order of Business for February 11th. 62 
 
 Committee reports ...460, 487, 494, 507, 632 
 
 RYAN, REV. JOHN H. : 
 
 Chaplain . 188 
 
 SANDMEYER. REV. E. G. : 
 Chaplain . 
 
 154 
 
INDEX. 
 
 951 
 
 PAGE. 
 
 SCAXLAX, WILLIAM M. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Bill of Rights. 
 
 Municipal Government . 
 
 Public Works and Improvements. 
 
 Xominates B. H. McCann for temporary Secretary. 
 
 Xominates B. H. McCann for Secretary.^. 
 
 Petitions . 
 
 Proposals introduced—Administrative Powers, Pro. 50 ; Appointments, Pro. 
 51 ; Administrative Officers, Pro. 108 ; Rights, Privileges and Immunities of 
 Citizens, Pro. 79 ; Street Railways and Tramways, Pro. 78 ; Sheriffs and 
 County Treasurers, Pro. 52 ; Supervision of County Fiscal Affairs, Pro. 83 ; 
 Special Legislation, Pro. 143 ; Judicial Department, Pro. 144 ; County Offi¬ 
 cers, Pro. 14-5 ; Monopolies, Pro. 148 ; Listing Property for Assessment, 
 Pro. 186. 
 
 3, 7 
 225 
 
 40 
 
 41 
 41 
 
 4 
 
 8 
 
 227 
 
 SCHEDULE: 
 
 Committee meetings .154, 155 
 
 Amendments in Committee of the Whole. 824 
 
 As delivered to the Secretary of State. 908 
 
 Committee Report, Majority. 733 
 
 Committee Report, Minority. 137 
 
 New Constitution . 810 
 
 Report of Committee of the Whole.739, 747 
 
 Report No. 21, Phraseology and Style. 755 
 
 Retains Preamble and certain sections of Schedule of Constitution of 1870 as 
 part of proposed Constitution, Pro. 18. 
 
 Resolution for separate submission of apportionment proposition.276, 277 
 
 SCHOOLS : 
 
 Common school system, Pro. 131. 
 
 County superintendent of schools, Pro. 130, 184, 255. 
 
 Election of officers shall be non-partisan. Pro. 314. 
 
 Sectarian educational institutions, Pro. 235. 
 
 Physical education and recreation for all children. Pro. 271. 
 
 Prohibits teaching of foreign languages and more definite recognition to be 
 given privately endowed higher educational institutions, Pros. 35, 238. 
 Property to be exempt from taxation, Pros. 99, 241. 
 
 Provides for a commissioner of education to replace the Superintendent of 
 Public Instruction, Pro. 259. 
 
 Reading of the Bible in public schools, Pros. 24, 32, 84, 239, 307, 348, 349. 
 System of free schools, Pros. 24, 27, 231, 337, 358. 
 
 SECRETARY: 
 
 Temporary .. . .. 4 
 
 Permanent . 8 
 
 SECRETARY OF STATE: 
 
 Apportionment of the State. 199 
 
 Apportionment of the State. 210 
 
 Declaring certain acts by public officers sedition, Pro. 23. 
 
 Term of office. 209 
 
 SERVANTS, PUBLIC: 
 
 Article IX . 807 
 
 SH AX AH AN, DAVID E. : 
 
 Present and oath.2 7 
 
 Absent . 693 
 
 Appointed chairman Legislative Committee. 121 
 
 Committees, standing: 
 
 Legislative Department . 41 
 
 Rules and Procedure. .... 9 
 
 Submission and Address. 727 
 
 Committee, special: 
 
 To attend funeral of Edward C. Curtis. 116 
 
 To adjust difference on Revenue..’ ' ' " 501 
 
 To attend funeral of Mrs. Len Small. . . . . . . . . 816 
 
 Resolution offered .:.875 
 
 SHAW, GUY L. : 
 
 Present and oath... 3 ( 7 
 
 Committees, standing: 
 
 Agriculture . 40 
 
 Industrial Affairs and Labor.41 
 
 Qulaifications and Election of Delegates.41 
 
 Petitions presented . .....225 227 
 
 Proposals introduced—Judicial System, Pro. 132; Pollution of Rivers * and 
 Lakes, Pro. 213. 
 
952 
 
 INDEX. 
 
 SHERMAN, LAWRENCE Y. : 
 
 Addressed Convention . 81 
 
 SHUEY, CHARLES A. : 
 
 Present and oath. 3 f 7 
 
 Committees, standing: 
 
 Bill of Rights. 40 
 
 Future Amendment of Constitution. 41 
 
 Reveni^, Taxation and Finance. 41 
 
 Petitions presented ...206, 227 
 
 Proposal introduced—Eligibility for election to a Constitutional Convention, 
 Pro. 242. 
 
 SIX, ROLLO: 
 
 Present and oath.3, 7 
 
 Committees, standing: 
 
 Executive Department . 40 
 
 Suffrage . 41 
 
 Expenditures and Supplies. 27 
 
 Petitions presented . 227 
 
 Proposals introduced—Exemption of property of the ex-service man from tax¬ 
 ation, Pro. 306; Budget System, Pro. 236 ; Circuit Judges, Pro. 138; Suff¬ 
 rage, Pro. 262 ; State powers to municipalities, Pro. 263 ; The militia, Pro. 
 112 ; Taxation of real property, Pro. 92. 
 
 SMALL, MRS. LEN: 
 Death of . 
 
 816 
 
 SMITH, ARTHUR M. : 
 
 Present and oath.2, 7 
 
 Committees, standing; 
 
 Chairman Committee on County and Township Government. 40 
 
 Chicago and Cook County. 40 
 
 Submission and Address. 727 
 
 Committee, special: 
 
 To approve Journals. 875 
 
 Petitions presented . 227 
 
 Proposals introduced—Abolish Cumulative Voting, Pro. 80 ; County Govern¬ 
 ment, Pro. 310 ; Cumulative Voting, Pro. 57 ; Limitation of County Tax, 
 Pro. 308; Sheriffs and County Treasurers (Election of), Pro. 45. 
 
 SMITH, JUDGE ELBERT S. : 
 
 Administers oath . 7 
 
 SNEED, WILLIAM J. : 
 
 Present and oath.3, 7 
 
 Absent . 40 
 
 Committees, standing: 
 
 Chairman, Committee on Industrial Affairs and Labor. 41 
 
 Revenue, Taxation and Finance. 41 
 
 Submission and Address. 727 
 
 Committee, special: 
 
 To attend funeral of Mrs. Len Small. 816 
 
 To attend funeral of J. Mack Tanner. 567 
 
 Petitions presented . 214 
 
 Proposals introduced—Election and Tenure of County Officers, Pro. 233 ; 
 Labor, Pro. 232 ; Hard Roads, Pro. 301. 
 
 SOLDIERS AND SAILORS: 
 
 Exempts from taxation property of any incorporated society of veterans of 
 any war. Pro. 306. 
 
 STAHL, HARRY H. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Legislative Department . 
 
 Municipal Government . 
 
 Expenditures and Supplies. 
 
 Petitions presented .. 
 
 Proposal introduced—Corporations, Pro. 30. 
 
 2 7 
 
 Vo] '52,' 73] *84,* il3,* 491, 603 
 
 . 41 
 
 . 41 
 
 . 27 
 
 . 227 
 
 STATE BONDS: 
 
 Exempt from taxation, Pros. 114, 270. 
 
 For the construction and repair of hard roads and for the completion of any 
 waterway under construction, Pros. 269, 301. 
 
 STATE BOUNDARIES: 
 
 Concerning jurisdiction over the Ohio River and other waters constituting 
 part of the State boundary, Pro. 220. 
 
INDEX. 
 
 953 
 
 PAGE. 
 
 STATE CAPITOL: 
 
 Regarding expenditures on account of the completion of the present State 
 Capitol, Pro. 183. 
 
 STATE OFFICERS : 
 
 Appointment by Governor, Pro. 283. 
 
 STEWART, WILLIAM: 
 
 Present and oath.2, 7 
 
 Committees, standing: 
 
 Agriculture . 40 
 
 Public Works and Improvements.. 41 
 
 Suffrage . 41 
 
 Resolution offered .173, 174 
 
 STOCKS AND BONDS: 
 
 Prohibits options in purchase and sale of commodities in stocks by margins 
 or in lottery, Pro. 224. 
 
 STOCK DEALERS: 
 
 Providing proper protection to purchasers or agents dealing in live stock 
 subject to mortgage or lien in other states, Pro. 356. 
 
 SUBMISSION AND ADDRESS : 
 
 Report of Committee of the Whole. 774 
 
 Report No. 23, Phraseology and Style.754, 775 
 
 SUFFRAGE AND ELECTIONS: 
 
 Amendments in Committee of the Whole. 822 
 
 As delivered to the Secretary of State.. 894 
 
 SUFFRAGE: 
 
 Absent voters, Pro. 88 . 
 
 Compelling all citizens to vote, Pros. 164, 198, 299. 
 
 Defining the Right of Suffrage, Pro. 9. 
 
 Making it a duty for every qualified voter to vote at every election, Pro. 204. 
 Qualifications of voters, Pros. 193, 205. 
 
 Qualified electors in military service, Pro. 28. 
 
 Extending Suffrage to women, Pros. 20, 34, 281, 299. 
 
 Revises present provisions relating to Suffrage, Pro. 262. 
 
 Suffrage to women also makes women eligible to serve on juries, Pro. 53. 
 
 SULLIVAN, MICHAEL F.: 
 
 Death of. 26 
 
 Expense ot committee attending funeral.119, 120 
 
 SULLIVAN, ETHEL M.: 
 
 Compensation . 64 
 
 SULLIVAN, ROGER C 1 .: 
 
 Memorial .145, 146 
 
 SUPERINTENDENT OF SCHOOLS: 
 Appointment, Pro. 10. 
 
 SUPREME COURT: 
 
 Regulating the Supreme Court, Pro. 26. 
 
 SUTHERLAND, DOUGLAS : 
 
 Present and oath.2, 7 
 
 Committees, standing: 
 
 Chicago and’Cook County. 40 
 
 Revenue, Taxation and Finance.. 41 
 
 Committee, special . 26 
 
 Petitions presented . 225 
 
 Proposals introduced—Future amendments to the Constitution, Pro. 93 ; 
 Home Rule, Pro. 159 ; Relative to Indebtedness, Pro. 82 ; Revenue, Pros. 
 326, 327. 
 
 TAFF, A. E. : 
 
 Present and oath... 3 , 7 
 
 Absent . 287 
 
 Committees, standing: 
 
 County and Township Government. 40 
 
 Initiative, Referendum and Recall.:. 41 
 
 Expenditures and Supplies. 27 
 
 Appointment to Committee on Schedule. 190 
 
 Committee, special: 
 
 To adjust difference on Revenue. 501 
 
954 
 
 INDEX 
 
 PAGE. 
 
 TAFF, A. E.—Concluded. 
 
 Proposals introduced—County Commissioners, Pro. 59 . County Government, 
 
 Pro. 60 ; County Officers, Pros. 125, 127 ; County Clerk and Coroners, Pro. 
 
 126 ; Minority Stock Holders, Pro. 311; Taxation, Pro. 312 ; Resolution 
 Offered, Pro. 50. 
 
 TANNER, J. MACK: 
 
 Present and oath.3, 7 
 
 Absent .. 491 
 
 Committfees, standing: 
 
 Agriculture 40 
 
 Executive Department .• •. 40 
 
 Military Affairs .. . . 41 
 
 Committee, special: 
 
 To attend funeral of Edward C. Curtis. 116 
 
 Death of .. •. 5"67 
 
 Petitions presented . 202 
 
 Proposals introduced—Reclamation of Swamn and Overflowed Lands, Pro. 
 
 295. 
 
 TEBBENS, GEORGE W. : 
 
 Pay and mileage.. 850 
 
 Present and oath. 462 
 
 THOLEN, REV. FATHER L. C. : 
 
 Chaplain .. 126 
 
 THOMAS, JOHN T.: 
 
 Chaplain ..... 1 
 
 TODD, HIRAM E. : 
 
 Present and oath. 
 
 Committees, standing: 
 
 Corporations and Cooperative Associations 
 
 Judicial Department . 
 
 Suffrage . 
 
 Petitions presented . 
 
 225, 
 
 2, 7 
 
 40 
 
 41 
 41 
 
 227 
 
 TORRANCE, H. E. : 
 
 Present and oath. 
 
 Committees, standing: 
 
 Future Amendment of Constitution 
 Phraseology and Style. 
 
 TOWNSHIP ORGANIZATION : 
 Abolition . 
 
 TRAEGER. JOHN E. : , 
 
 Present and oath.? 
 
 Committees, standing: 
 
 Chicago and Cook County. 
 
 Legislative Department . ‘rj 
 
 Suffrage . 
 
 Committee, special . oar ’997 
 
 Petitions presented . . .• • • • • • • • • • • - u . b ’ ““ ‘ 
 
 Proposals introduced—Home Rule, Pro. 153 ; Elections, Pro. 340 ; Dealers m 
 
 Livestock, Pro. 356. 
 
 TRADES AND REGISTRATION : 
 
 Establish a Department of, Pro. 140. 
 
 TRAUTMANN, WILLIAM E. : 
 
 Present and oath. 
 
 Committees, standing: 
 
 Chairman Committee on Executive Department. 
 
 Schedule . 
 
 Rules and Procedure. 
 
 Committee, special . 
 
 To attend funeral of J. Mack Tanner. 
 
 President pro tem . 
 
 Proposals introduced—Apportionment of State, Pros. 293, 350 ; 
 tion Of Officers, Pro. 190. 
 
 Resolutions offered . 
 
 Request to be recorded on roll calls.. . . 
 
 .3, 7 
 
 . 40 
 
 . 41 
 
 . 9 
 
 . 225 
 
 . 567 
 
 . 567 
 
 Time for Elec- 
 
 .4, 71 
 
 . 828 
 
 TURNER, DR. A. E. : 
 
 Chaplain . 
 
 VOUCKX, REV. JOHN F. : 
 Chaplain .. 
 
 498, 499, 501 
 
INDEX. 
 
 955 
 
 PAGE. 
 
 VACANCIES : 
 
 In elective offices. 
 
 Special election to fill; appointment 
 
 176, 177 
 . . . . 180 
 
 WALL, WILLIAM A.: 
 
 Present and oath.. • • • • •• * * * y \*aY Vol 
 
 Absent. o5 > 210 > 225 > 491 ’ 538 
 
 Committees, standing - : , n 
 
 Bill of Rights. 
 
 Chicago and Cook County. ™ 
 
 Rules and Procedure. 
 
 Committees, special: . a 
 
 To attend funeral of Edward C. Curtis. riS 
 
 To attend funeral of J. Mack Tanner.. .... •••••• v • ■ • • • ; • • • ‘ 
 
 Proposals introduced—County Collector of Taxes, Pro. 2-3; Judicial System, 
 
 Pro. 294. * 4 -q 
 
 Resolution offered . 0 
 
 WALLACE, REV. JERRY : 
 Chaplain . 
 
 488, 494, 496 
 
 WAREHOUSES : 
 
 Article on warehouses, Pro. 15. 
 
 Repeals Article on Warehouses, Pro. 166. 
 
 WAREHOUSES AND COMMON CARRIERS: 
 
 Amendments in Committee of the Whole. 
 
 Report No. 24, Phraseology and Style. 
 
 As delivered to the Secretary of State. 
 
 WAREHOUSE RECEIPTS : 
 
 Issuance of . 
 
 WARREN, ALVIN : 
 
 Present and oath... 
 
 Committees, standing: 
 
 Agriculture .... 
 
 Corporations and Cooperative Associations 
 
 Revenue, Taxation and Finance. 
 
 Petitions presented . 
 
 Resolution offered . 
 
 823 
 
 SJS 
 
 906 
 
 . 3, 7 
 
 . . 40 
 
 40 
 
 . . 41 
 
 . . 227 
 71, 72 
 
 WATERV/AYS : • 
 
 Canals f^ro 47« 
 
 Development of water power projects, Pro. 267. 
 Improvement of lakes, rivers and streams, Pro. -64. 
 Prevent encroachments upon and pollution of lakes, river 
 
 265. „ „ 
 
 Pollution of rivers and lakes, Pro. 213. 
 
 s and streams, Pro. 
 
 WETZEL, REV. DAVID : 
 Chaplain . 
 
 740, 744, 752 
 
 WHITMAN, FRANK S.: 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Agriculture . 
 
 Executive Department . 
 
 Revenue, Taxation and Finance... 
 
 Petitions presented . 
 
 Proposal introduced—Courts, Pro. 29. 
 Resolutions offered . 
 
 .2, 7 
 
 40, 486, 491, 538, 634 
 
 . 40 
 
 *. 40 
 
 . 41 
 
 " ' '. 225 
 
 286, 291. 850 
 
 WILSON, WALTER H. : 
 
 Present and oath. 
 
 Absent . 
 
 Committees, standing: 
 
 Chairman Committee on Expenditures and Supplies 
 
 Chicago and Cook County. 
 
 Public Works and Improvements. 
 
 Petitions presented .• • * * * * * • ,• * v • • • • * .. 
 
 Proposals introduced— Collectors of Taxes, Pro. 110; Consolidation ot Govern¬ 
 ment within City of Chicago, Pro. Ill; Right of Free Speech, Pro. 106; 
 
 1 . 7 
 
 003 
 
 27 
 
 40 
 
 41 
 227 
 
 Zoning, Pro. 329. 
 Resolution offered, Pro. 38. 
 Resolutions offered . 
 
 826, 875, 876 
 
956 
 
 INDEX. 
 
 - ■ 
 
 WILSON, REV. WILLIS RAY : PAGE - 
 
 Chaplain . 279 
 
 WOLFF, OSCAR: 
 
 Present and oath.•. ^ ^ 
 
 Committees, standing: . 5 ' 2, ” 2 ® 
 
 Chairman Committee Qualifications and Elections , 41 
 
 Future Amendment of Constitution.” 41 
 
 Initiative, Referendum and Recall. . 
 
 Submission and Address. . . . . . . 797 
 
 Committee, special. 2c 
 
 Petitions presented . 997 
 
 Proposals introduced—Initiative and Referendum, Pros, i33 13*4 * Method of 
 Amending the Constitution, Pro. 280 ; Method of Voting, Pro. 315. 
 
 WOMEN: 
 
 Jury service, Pros. 53, 233. 
 
 WOMEN’S SUFFRAGE : 
 
 Extends suffrage to women, Pros. 20, 34, 299. 
 
 WOODWARD, CHARLES E. : 
 
 Present and oath. 
 
 President . 
 
 Petitions presented . 
 
 Committees, standing: 
 
 Chairman Committee on Rules and Procedure... 
 
 Ex-officio member of all committees. 
 
 Temporary President . ; . 
 
 Resolution to .' 
 
 Report on vouchers issued since September 12, i922 
 
 WOODWARD, CHARLES: 
 
 Present and oath... 
 
 Absent . 
 
 Committees, standing: 
 
 Chicago and Cook County. 
 
 Municipal Government . 
 
 Qualification and Election of Delegates. 
 
 Committee, special . 
 
 Petitions presented . 
 
 WRESTLING: 
 
 See Athletics. • 
 
 3, 7 
 7 
 31 
 
 9 
 
 41 
 
 4 
 
 875 
 
 917 
 
 ....2, 7 
 . . . . 254 
 
 .... 40 
 
 .... 41 
 
 .... 41 
 
 . . . . 26 
 224, 227 
 
 WRIGHT, REV. J. G. : 
 
 • Chaplain . . . £04 
 
 YARROW, REV. PHILLIP W.: 
 
 Chaplain . 52 
 
 ZONING : 
 
 See Eminent Domain. 
 
RECORD OF PROPOSALS. 
 
 INDEX 
 
 957 
 
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 <d 
 
 *- 
 
 o 
 
 o 
 
 *4-3 O 
 
 °*s , s 
 
 ,2-M-c 
 > 
 
 <D W 
 
 HAS 
 
 M 
 
 a° ; 
 
 CD 
 
 Cfl . 
 
 CD 
 
 f- 
 
 G "'C •• • 
 
 2 aCQ 
 
 c © g 
 
 Ph 
 
 CO ^ 
 <D <4-< 
 
 *2 ° 
 rt 33 
 
 CO 
 
 .5 CD*^ 
 
 bf 
 
 G O 
 CD G 
 T3 G 
 
 ■ 2 r» i 
 
 rrt ~ b 
 
 a 
 
 3 a- 
 
 a+jja 
 
 o g 
 
 ® 
 
 a"5 <u^ 
 
 6 a 
 
 *'2.3.2 
 
 2 5 2-g 
 
 fl ea g 
 
 as 
 
 a 
 
 (H 
 
 ja 
 
 a 
 
 03 
 
 a 
 
 a 
 
 03 
 
 > 
 
 o 
 
 O 
 
 03 
 
 a: 
 
 o 
 
 a 
 
 o 
 
 • H 
 45 
 
 G 
 
 j-i 
 
 G 
 
 a 
 
 CD 
 
 03 
 
 CD 
 
 G2 
 
 4-5 
 
 5- 
 
 o ■ 
 
 I 
 
 G 
 
 <D 
 
 G 
 
 73 
 
 H 
 
 45 
 
 g a 
 S 2 a 
 
 ^ e 03 
 
 U. 4-5 G 
 
 c3 t- C „ 
 
 S g € a 5 
 
 a gj S ro’ 
 
 Q CD o 53 O 
 a 
 
 ti-ja osaa 1-1 
 
 "co y +3 
 
 •£, 03T3 03 
 
 03 y a 
 
 a 03 03 2 2 
 
 a 
 
 ja 
 
 03 
 
 -a 
 
 03 
 
 ja 
 
 o 
 
 31 
 
 O +S 
 
 a-r5 3 
 
 o 
 
 o 
 
 a 
 S-I 
 
 s- J7 
 
 Si 
 
 2 8 
 
 ■g c 
 
 .Is 
 
 43 « 
 
 03 2 
 
 ■ a 
 
 03 
 
 4-5 
 
 CD.T2 
 
 D 4-5 
 
 CO CO 
 
 I- s 
 
 C 2 O 
 
 '3 ^ *3 CJ 
 
 03 CO C3 
 4-3 rt 
 
 <D _ 
 
 <D*r3 
 
 co'g 
 
 cs.t2 
 
 • ^ ^ 
 ^ = *-r 
 
 o § Jj a) 
 
 o ° O 
 
 ^ o a) 5 5 9 
 rt .2 ° 
 o o +* o +s o 
 hh Eh H 
 
 03 
 
 ^ C ^ Q) bfi o P 
 
 O C 3 o D 
 2 a K So ® 03 
 
 a 03 o o 3^3 ^ 
 o'® o o o o o 
 Eh HHHhH 
 
 a 
 a 
 
 .3 | a 
 
 ^ G 'o 
 
 ^ 03 ^ 
 03 x:. a 
 o -2 
 ■£ a< 
 
 ^ a a 
 ; -a a 
 
 .S 03 
 
 a ® > 
 
 o^2 
 
 •43 o« 
 
 H 
 
 4-5 
 
 a-^ 
 
 o a 
 
 a g 
 
 03 O 
 
 2 
 
 >- a ^a 
 
 G 
 
 O 
 
 o 
 
 <D • 
 
 Lh 
 
 a c 
 
 **•3 
 
 DO 
 
 fl 
 o- 
 o 
 
 co 
 
 CD 
 
 CO 
 
 G 
 
 O 
 
 ^2 
 
 CD 
 
 & 
 
 4-5 
 
 *H 
 
 CD 
 
 43 
 
 4-5 
 
 fl 
 
 o 
 
 • o 
 
 I 
 
 i co 
 
 ! G 
 
 • 4—3 
 
 I o 
 I o 
 I co 
 
 G 
 
 O 
 
 o 
 
 CD 
 
 A 
 
 • c2 
 
 •-S © o 
 1 3 a -2 
 
 1 o o c 
 
 : § 
 
 c- w 
 b co 
 
 a- 
 
 o 
 
 < CO 
 
 8 # ® 3 3 
 
 C O g 
 
 2 aj£ &a 
 5 o^a 
 
 oto- 
 .5 a 2 
 a ° 
 
 G. 
 
 O 
 
 c3 
 
 w o .G © 
 
 d o d n 
 
 4-5 .pH 4-3 . pH -4-3 
 
 <D +-> <D -m (D 
 
 J-. Jh Eh M ^ 
 
 o*< o 
 
 H H Eh 
 
 G ^ 
 
 • 2 I 
 
 o 
 a 03 
 
 •a ^ 
 
 1 s 
 
 O <D 
 
 OG 
 
 45 ^ 
 
 G fl 
 
 CD.pH 
 CO -h 
 
 O HH 
 
 J- ‘7 
 
 a g 
 
 ^45 
 
 CD C3 
 pG ^ 
 45 O 
 
 Eh 
 
 a <o 
 •43 2 5 
 a £.2 
 .ti 03 +J 
 43 « 
 
 2 ° » 
 o^2 a 
 
 " 2 
 
 CO 2 
 CD c 
 
 Lh ^ 
 
 ©73 
 .1 G 
 c3 
 
 CO 45 
 
 G G 
 
 © £pO 
 
 CD 
 
 a -h 
 a 
 
 03 
 
 co 
 
 a a 
 S o 
 
 2 i 
 ^ 2 
 5 ph 
 
 43 03 
 
 co 43 
 
 a or bf a 
 
 2-2.S'S 
 
 ^ « « 2 
 a a a 
 pi o o o 
 
 a 
 
 o 
 
 rH 
 
 4-5 
 
 G 
 
 4-5 
 
 pH 
 
 +3> 
 
 CO 
 
 a 
 
 o 
 
 O 
 
 a 
 
 43 
 
 a 2 
 
 03 i 
 
 to • a 
 
 03 
 
 a 03 
 hhH P5 
 
 (H CO 
 
 3.s 
 
 °o 
 - !. 
 §■2 
 • pH O 
 45 pG 
 
 O 3 
 
 O ^5 
 
 C /2 Ph 
 
 73 © 
 
 2g§ 
 
 ♦- ^ Lh 
 
 o o o 
 HPh 
 
 T-H M CO 
 
 tG 
 
 ON G0 05 0 
 
 tO 
 
 co oo 
 
 05 
 
 o i-H 
 CM <M 
 
 uoquin^j 
 
RECORD OF PROPOSALS-Continued. 
 
 958 
 
 INDEX 
 
 •sgmpaaoojd jaqjQ 
 
 •papa [ay; 
 
 •SuipBaj 
 puooas no paaBjd 
 puB ajAjg puB Ago(o 
 -asBjqy no aapyuiuio^ 
 uioij qa'Bq papoda-y 
 
 • 05 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 
 
 
 
 
 
 
 i 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 
 
 
 
 
 
 
 1 T-H 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 I 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 
 
 
 1 
 
 1 
 
 1 
 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 
 
 
 
 
 
 1 r-H 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 1 05 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 
 
 
 
 
 1 
 
 1 
 
 
 ' to 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 
 
 
 
 
 
 • T-H 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 
 05 
 
 tO 
 
 CM 
 
 aiAg 
 
 pu'B ASojoasB.iqy; uo 
 aajyuiuiOQ oj po.ua j 
 -ai puB uoijuaAUoa 
 oj qoBq papoday 
 
 •ajoq A v jo 
 
 aapiuiuiOQ ui dn uaqB jq 
 
 •suapjo 
 jBjauag uo paoBjd 
 puB ajqBj uiojj uaqBj, 
 
 •aapiuiraoo 
 uiojj papoday; 
 
 •aapituuioo oj pajjajaj 
 puB SuipBaj jsjiy 
 
 aauaaajaj joj paouBA 
 -pB puB paonpojjuj 
 
 C3 
 
 Ul 
 
 O 
 
 c 
 
 t-t 
 
 a 
 
 o 
 
 <D 
 
 •jequin^ 
 
 05 
 
 *0 
 
 CM 
 
 O 
 
 CM 
 
 CM 
 
 O 
 
 CM 
 
 CM 
 
 CO 
 
 l-H 
 
 CM 
 
 05 
 
 CO 
 
 ■*—I 
 
 CM 
 
 i co to I>» COCO T* 
 
 CO t>» CM CM 05 
 
 i-H h CM t— I CM CM y—t 
 
 CO 
 
 05 
 
 05 ^ to 
 
 CO CO 
 T—I T-H CM 
 
 I>- CM CM CM 
 
 I>- CM CM 05 
 
 i—I CM CM r-t 
 
 CO 
 
 05 
 
 o 
 
 CM 
 
 CM 
 
 o 
 
 CM 
 
 CM 
 
 CO 
 
 v-H 
 
 CM 
 
 CO 
 
 CM 
 
 05 
 CO !>» 
 
 Tf< 
 
 CO 
 
 CO 
 
 CO 
 
 CO CO CO CO 
 
 CO 
 
 CO CO CO 
 
 CO 
 
 !>. 
 
 CO 
 
 co 
 
 CO 
 
 co 
 
 oo 
 
 CO 
 
 05 05 
 CM CM 
 
 05 
 
 CM 
 
 05 
 
 CM 
 
 C~ 3 r-H 
 
 CO CO CO CO 
 
 T— CM 
 CO CO 
 
 CM 
 
 co 
 
 CM 
 
 co 
 
 CM 
 
 co 
 
 CM 
 
 CO 
 
 CM 
 
 co 
 
 CM 
 
 co 
 
 CM 
 
 CO 
 
 r 
 
 3 
 
 S_ O *-,</}>• w _ .. 
 
 b ^ CJ C 3 ‘03 
 
 S^Sjs-l^^g.SO 
 
 c3 ^-2 § MG 
 2acOo!?£'S 
 
 •5 g G § a a $.2 feC .2 ©' 2 . 
 
 G ®"G s„5 o+> a S^-S Q-ti'O 
 © M G _G '? £ G J3 0*3* 'C 
 
 § 1> § |®:s©I *Us* 
 
 -O C - M O C'O ^ 0 
 
 C c "■< T? > e3 c a S 
 ^ O ® O c3 o S 
 
 t>- 
 
 CO 
 
 oo 
 
 co 
 
 05 
 
 CO 
 
INDEX 
 
 959 
 
 cs 
 
 lo 10 
 
 CO CO 
 CM CM 
 
 05 
 
 o 
 
 C5 
 
 CM 
 
 LO 
 
 o 
 
 CO 
 
 
 05 
 
 CO LO 05 LO O 
 
 Tt< CO LO CO CM 
 
 r-H CM CM CM CM 
 
 05 05 
 
 1>» 
 
 05 
 
 LO 
 
 CO 
 
 CM 
 
 LO 
 
 co 
 
 CM 
 
 05 
 
 C co o 
 
 LO tT'- 03 
 -CM 
 05 
 
 co 
 
 CO 
 
 CM 
 
 LO LO 
 CO CO 
 CM CM 
 
 CO 
 
 o oo 
 
 05 CO 
 
 CM i—< 
 
 
 co 
 
 LO 
 
 CO co 
 1-H CM 
 
 C5 LO CO 
 
 LO CO r-H 
 
 CM CM CM 
 
 CO CO 
 
 r- i>- 
 
 05 
 
 Tj< 
 
 LO 
 
 CO 
 
 CM 
 
 OO 
 
 CO 
 
 -rf 
 
 
 LO 
 
 LO 
 
 LO 
 
 LO 
 
 LO 
 
 LO 
 
 LO 
 
 Tt- 
 
 LO 
 
 Tt 4 
 
 LO LO 
 
 00 
 
 ^ Tf ^ 
 
 oo 
 
 oc oo 
 
 oo 
 
 00 
 
 Cl LO 
 CO CO 
 
 co 
 
 CO 
 
 CC CO 
 
 CO CO co 
 
 CO 
 
 CO 
 
 CO 
 
 CO 
 
 CO CO 
 
 CO co 
 
 CO 
 
 CO 
 
 'co 
 
 CO 
 
 CO 
 
 CO 
 
 co co 
 CO CO 
 
 CM CM CM 
 
 TjH -^jH 
 
 CM 
 
 Tt< 
 
 CO co 
 
 Ttl 
 
 CO 
 
 CO 
 
 Tf 4 
 
 © 
 
 G. 
 
 Oh 
 
 <1 
 
 c3 
 
 o 
 
 a 
 
 © 
 
 p- 
 
 G- 
 
 G 
 
 m 
 
 c2 
 
 sz 
 
 CO 
 
 CO 
 
 s- 
 
 © 
 
 orz 
 
 « 2 
 
 -rj c2 
 
 s ° 
 
 Z >> 
 
 I fc 
 
 © c 
 
 © C3 £ 
 
 0 <o 
 ,rz *- 
 C3i> 
 
 © c 
 
 © X. 
 
 53 % 
 
 *3 o 
 
 s >. 
 
 3-a 
 
 c3 a 
 
 K ■* Ph 
 
 r*trc co o ^ 
 
 r; C 
 
 tr £~een £ £ 
 
 L^( CC w ^ CL 
 
 rC.sx'c SfflSi 
 
 i o 
 
 -D 
 
 to 2 
 
 o — 
 
 X CO 
 
 5 2 
 
 © o 
 
 n* p- 
 
 5 3 
 
 C co 
 © c3 
 00 © 
 
 5*3 
 
 o ; o 
 
 o o 
 a>_ 1 e> 
 CO - to 
 
 ci^ c3 
 s- c3 *- 
 c3 
 
 C.+5 a 
 © © © 
 CO • r 4 CO 
 ** <D 
 
 © 
 
 —' CC -+_< O - 4 .^ 
 
 ? g 
 - c 
 
 © C © 
 
 -205: 
 
 S'c I 'S’s’-S 
 a 5 |.gs.s 
 3 ,£-5 22 «2 
 
 *. <n g © g 
 
 § § 
 
 t; as 
 
 2 -S 
 ■3 g 
 
 3 .5 
 2- 3 
 to a 
 
 © 3 
 
 ■s ° 
 
 p- co 
 c3 r a 
 G c3 
 © o 
 co u 
 
 3-5 2- 
 
 c 
 
 2g 2: 
 
 ? * O -tJ 
 
 5ts a 
 
 ^ c3 O 23 
 w O »> 9- 
 
 c -i3‘5 5; 
 
 c'3 
 
 .2P5 
 
 -4J • — 
 
 8 g 2^ 
 
 to J 
 
 a) s 
 
 3 
 
 - b+j^ 
 
 ZO'JE 2 
 3 to - a ~ 
 o,-a -22 
 o°°^ 
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 a — o 
 
 o'—I O x 
 
 $ fcB 
 
 8.5 
 
 s 
 
 I o 
 
 'J2 
 
 ~ C3 -3 
 
 o 
 > 
 
 a> 
 
 £ 
 
 -»-> c c 
 
 8'-2 s 
 
 O .. 
 O *ir“3 ci 
 
 _a to^ o 
 
 a o> 
 - c 
 ■=U5 
 
 . o 
 
 :>> 
 
 co 
 
 ob 
 
 g 
 
 . JIIh ^ 
 
 
 r—< 
 
 o 
 
 CO 
 
 £ © 
 
 C 
 
 © *£ 
 
 « c3 
 £ c3 
 
 o ' 
 
 CO 
 
 • pH 
 
 £ 
 
 - 'O 
 
 O-C 
 
 -u co 
 
 a 
 3^ 
 •3 £ 
 
 aj 
 
 <u 
 
 8 w«2. 
 
 _ ^ o c a _, 
 
 s • - o a a 
 
 1 . C- —< o *-< o 
 co c p _ 
 
 .2>E^ ocC £ 
 
 -3«30.^0-0 
 
 
 ferOi CJ— 3 6, 
 
 —■ a *2 2 to 
 
 .2 £ 2 2 rt co o ^ • 
 
 ■*-5 W P— •r' * ■ 
 
 c3 4 -h 
 
 o %■ £ o -*2 5 
 32-2 
 
 CO TL 
 
 ^ 3 o 2’5 2 
 
 C +5 % ~ 
 
 to““ - .2 a 5 -< 
 
 '0 0®3.S 0.5 
 
 -2.-3 a 
 
 ■*-» • — 
 
 3 3 0 
 
 o S 
 
 o -2 
 0 5=“ 
 3 3 "5 
 
 +-< 
 
 CO 
 
 3 
 
 °-S— £ c 5 
 rt « c 
 
 o O 2 o 13 ® 
 
 g 3 « i; >,> 
 
 agggjo 
 
 O S-5-. >.s 
 
 o ■ 
 
 a>.^ 
 
 >,« > 
 
 •PC o 
 
 ■ s .S 2 £ ° a 
 
 C -^+3 C.2 o 
 
 o ^22^ * 
 
 “ C _ 3 33 
 
 -4-< w > ^ 
 
 C C3 
 
 3 a 
 
 o 
 
 c3 
 
 -m 
 
 U1 
 
 °.2 3 a 
 
 ^ ZZ 
 
 O 
 
 £*• 
 
 o 
 
 O 
 
 0 f 
 
 ^ — 'H 
 
 02 
 
 ?.:2 % 
 3 > 3 
 3 2 0 
 
 •o 
 
 m 
 
 o 
 
 a o 
 > o 
 
 ^-rg 
 
 o ^ 
 
 bC c 
 
 .5 M 
 
 cn q 
 © 
 
 t- n: 
 c5 v 
 & © ^ 
 ©, 
 
 © 
 
 . . -A _ ■ "I I - 
 
 XlS'C+i'S-X 
 
 CO 
 
 § 5 
 
 o •-> 
 
 32 
 3 2 
 
 gSB.»B.|;S.|- 
 
 O— o O O “- 1 O 3 
 
 E-i H E- 1 r- 
 
 g C3 2 O 2 ^ 
 
 E c< ar «ia ® 
 
 ~ £ 2 £ 3*5 
 
 a o a o +2 
 
 H h 
 
 5-2 See 
 
 S'SI® 
 
 0— 
 
 O'— 1 *-»- 
 2 3.3 C 
 3tC o — 
 m 3— a 
 
 3"C 33 o> 
 
 — t- ^ f 
 
 q 0 • •—» G 
 
 O.S ' 
 
 c3 
 
 So 
 
 O ^ 
 
 H H 
 
 o 
 
 _ CO O 
 
 CcugJ 
 -ic o 2 
 S3 
 3 
 
 - PI ^ to 
 
 . nee 3 — 
 
 2 H 3 (S 
 
 E'estj o g. 
 
 8 3 
 
 ^ >.TJ c-c 
 
 3^3 a-2*5 .m 
 
 3-3 
 
 > 3 3 22"P 
 
 o *;j3 grd ® 
 
 a 8 o ~ ° 
 o 3 O 3 O 
 Eh Eh Eh 
 
 rt O 
 
 -c 2 
 c u 
 
 pH -♦—> 
 
 C G CO 
 © O >j 
 
 C+J M 
 G co j 
 O >,* 
 
 > CO f-. 
 
 fcH G<h_ 
 
 Coo 
 ^ T3^ o 
 
 ©rr ^ 
 
 © > > c3 
 
 *r o 
 
 r> Ph 
 © 0 
 o *“ 
 
 CO 0 
 
 CO 
 
 r wC'u 
 
 fcl-0 ^ ^ W 
 
 G rG p'Jp 
 
 pH Q 
 
 co o o 1 «h ^ 
 _>>> 
 
 c' 
 
 0.3 
 
 ee 
 
 o o 
 
 '-t > m O O 3 
 
 C4.5 2 -H '3 3 
 
 O 
 
 *s 
 
 3 
 
 O 3 
 
 a^c 
 
 cO 
 
 H‘Eh 
 
 S 2 &g'« 
 
 3S1«a 
 a o h . -• .. 
 
 'la—^CSt;. 
 
 3 0 o -g 3 o 
 
 £.5 ® ? o o 
 a xj 
 2’3 ■H'OTJ-r 
 g’o xShC 
 
 8 a« B-a a 
 
 o O O 3 3 O 
 
 HEhH h 
 
 3 
 
 3 _. 
 
 A >> 
 
 O 03 
 
 a-H 
 •H 3 
 -3 O 
 
 a 2 
 
 gE£ 
 
 o o 
 
 E-a3 
 
 eg 
 
 3 —. 
 
 .2 bf) 
 
 15 3 
 S o a> 
 o a 55 
 3 2 3 
 
 2^« 
 
 -3 3.“ 
 
 3-3 
 O -H 
 
 >.T3 >> 2? 
 
 g 3 gi-5 
 
 azzi 
 
 SIkI 
 
 -2 a 3 S 
 3 ** a 3 
 
 §S 
 
 P 1 
 
 CO 
 
 ^ o 
 
 Ph 
 
 O G 
 
 «+-H O 
 CO 0 
 
 ■P C^pU 
 Ggaio 
 
 § x.2^ 
 8 8-t5 2 
 
 >Lp£ 
 
 co 
 
 © 
 
 c3 CJ 
 
 0 ,.PH 
 
 © 
 
 , c 
 
 X <4-< 
 
 3 a) 
 
 £ 
 
 ° > ^ 
 >»2.S - 
 & a -3£ 
 
 0 U 
 
 3H> g >> 
 J2-; °-a 
 
 tf 3 
 
 3 
 
 3 
 
 O 
 
 3 
 
 <B 
 
 © 3-h 
 ,-2h ® 
 
 PS-- ® 
 
 3 > -* t_ 
 
 3 o o S5 
 
 3 3 H 
 
 o p. a ^2 
 
 m O Oh 
 
 hh 
 
 c '23-_ 
 
 ''HO'-' 
 
 . * 'H O 
 
 >>> -g 
 
 o C3 
 
 r* w 
 
 Ph O 
 
 Q co r, w , o 
 
 -c O ® 
 
 c3 G ph m 
 
 0 aa5 
 H 
 
 o 
 © ^ 
 X © 
 
 pH 
 
 03 
 
 O h-h 
 
 CM 
 
 -t* LO 
 
 •*r -r 
 
 co 
 
 -t 4 
 
 h. 
 
 OO 
 
 C5 
 
 net 4 
 
 o 
 
 LO 
 
 LO 
 
 CM 
 
 LO 
 
 CO 
 
 LO 
 
 -r+H lO 
 LO LO 
 
 CNOC 
 LO LO LO 
 
 C5 
 
 LO 
 
 O r-H 
 
 o o 
 
 CM 
 
 CO 
 
RECORD OF PROPOSALS—Continued. 
 
 960 
 
 INDEX 
 
 •sSutpaaaoid aaq^Q 
 
 'papa fey; 
 
 •guipnaj 
 puooas uo paonjd 
 pun aj.^g pun Agojo 
 -asn-iqy uo aa^yuiuioQ 
 _ uiojj qonq papioday 
 
 ~ ‘9lA;g 
 
 pun Agopasuiqy uo 
 aappmuioQ cq pauaj 
 -aj pun uoquaAUoa 
 QJ qonq pa;ioday 
 
 ' a I°qAV JO 
 aa^iramoQ m dn uaqnj. 
 
 ‘sjapjo 
 jnjauag uo paonjd 
 pun a{qn; uiojj uaqny 
 
 •aa;yunuoo 
 uiojj papioday 
 
 •aapjiunnoo o; pauajaj 
 pun guipnai jsjjy 
 
 •aauaiajaj joj paounA 
 -pn pun paonpojquj 
 
 o 
 
 c. 
 
 o 
 
 Ut 
 
 c 
 
 © 
 
 •jaqtnnj^ 
 
 ' ' 1 1 1 » 1 till 
 
 10 
 
 C 3 
 
 C 3 
 
 1 C 
 
 1 
 
 1 lO 
 
 
 
 
 
 CO 
 
 1 
 
 1 CO 
 
 CM CO CO cb 
 
 
 
 
 <N 
 
 1 
 
 1 
 
 1 
 
 ' CM 
 
 1 
 
 1 
 
 CM CM CM T —1 
 
 IO 
 
 CO 
 
 CO 
 
 to 
 
 1 
 
 1 lO 
 
 Ol i-O i-O 1 — 
 
 CO 
 
 N 
 
 r>- 
 
 co 
 
 1 
 
 1 CO 
 
 CM CO CO CO 
 
 CM 
 
 
 
 CM 
 
 1 
 
 • CM 
 
 CM CM CM t-h 
 
 1C »C LO 
 
 i>- t>- co 
 
 : C co o 
 
 * CM 
 
 CO 
 
 OO 
 
 co o 
 
 ON) CM 
 CM CJ 
 
 o 
 
 CM 
 
 Cl 
 
 co 
 
 (M 
 
 CO 
 
 CM — 
 CM CM 
 
 OO 
 
 oc 
 
 OO 
 
 C 5 O 
 
 ^ ^ Pr* ^ Pr 
 
 o 
 
 10 
 
 CO 
 
 T*< 
 
 CO 
 
 co 
 
 CO 
 
 CO 
 
 CO CO 
 
 CO CO ^ 
 
 rj’ rj< ^ 
 
 ^ Tj- ^ -rf- 
 rf rf 
 
 Tt« 
 
 T?* 
 
 Tf 
 
 T* 
 
 O § 
 
 ■£>«] 
 
 o ! 
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 o.i 
 
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 c3 
 
 > rJ1 
 
 f 8 
 
 «—t 
 
 © 2 
 © *G 
 
 DO 
 
 C 
 
 O 
 
 G X 
 
 © gs~ 
 
 *? x - 
 > c* 
 
 3 G 
 c3 c3 
 rr x 
 
 >s P S G O 
 ■*i O _G 
 C o 0,-H- 
 
 5 a a a 
 n-H o o 
 O ko a 
 
 _ a _ 3 
 
 £> 3- 
 
 a !i! 
 
 § !Ig< 
 
 oT? 
 
 X 
 
 C 
 
 © 
 
 © 1 
 X 
 C 
 U 
 
 © 
 
 t4— 
 
 o 
 
 X: 
 
 HH ^ 
 
 o' 
 
 75 ■ 
 
 c 
 
 ZZ P 
 
 «0Q 
 
 ' -4-3 
 
 O 
 
 b* 
 
 -*-3 0-4^^ 
 — = g « C2rO 
 C ~G G JZ 
 
 ZT’43 
 
 o _g O C O 
 
 o 
 
 oc "o _2 
 o 
 
 Zj © • ~ 
 
 c £ 
 
 • 1 ^ 
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 I 
 
 ? :.2 
 
 I g 
 
 : ® 
 
 i H 
 
 • 3 
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 i eg 
 
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 : b 
 
 0) 2 
 
 Cw 
 
 ■ g]S 
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 O -3 
 
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 - 
 
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 •42 c3 
 
 S 3 
 
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 ■ ■ ' 
 
 — $: 
 
 S o 
 
 s| 
 
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 8 
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 £< 
 
 c — 
 
 _ X c3 
 
 . 5 ^ ^ o 
 
 ~ 0 5 - « 
 
 OQ 
 
 = b«- 
 
 ce-^ o 
 
 ___ - 
 
 ■ge-S o.Ss * S - 
 SC>'2>^t?-2 
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 S§-£ § 
 
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INDEX 
 
 961 
 
 t-H 
 
 05 
 
 CM 
 
 05 
 
 1C 05 
 
 i iC 
 
 CO 
 
 o co 
 
 i 
 
 i lC lO 
 
 i 
 
 
 
 
 
 
 1 
 
 CO 
 
 ■ CO 
 
 
 
 05 
 
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 • CO 
 
 05 
 
 05 ^ 
 
 
 
 
 
 
 
 
 
 1 
 
 05 
 
 1 05 
 
 
 
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 05 »-i 
 
 ' 05 
 
 05 
 
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 C5 
 
 05 
 
 CO 1C 
 
 05 CO 
 
 CM 05 
 
 05 
 
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 05 
 
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 » iC 
 
 05 
 
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 o 
 
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 05 
 
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 05 — 
 
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 CO CO 
 05 05 
 
 CO 
 
 05 05 
 
 05 CO 
 05 i-H 
 
 05 
 
 Tt< 
 
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 co 
 
 05 
 
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 05 
 
 05 O 
 
 05 CT5 
 
 05 05 
 
 05 iO 
 
 05 CO 
 
 05 05 
 
 -61 C J 
 
 
RECORD OF PROPOSALS—Continued. 
 
 962 
 
 INDEX 
 
 •sguipaaoojd jaqjQ 
 
 • pa joa Cay; 
 
 •guipBaj 
 puooas uo paaBjd 
 puB ajAjg puB Agojo 
 -asBjqj uo aajjiuiuiOQ 
 uxojj 5fouq pajjoday; 
 
 'aj^S 
 
 puB Agojoas^jqj uo 
 aajjiuiuiOQ oj pajjaj 
 -ai puB uoijuaAuoo 
 oj sjouq pajioday; 
 
 •apqM jo 
 
 aajjirauiOQ ui dn ua^Bj, 
 
 •saapjo 
 jBiauag uo paaBjd 
 puB aiqBj uiojj uasfBj^ 
 
 •aajjtuiuioa 
 uiojj pajjoday; 
 
 •aajjtuiuioo oj pajjajaj 
 puB guipuaj jsjtj 
 
 ■aauajajai joj paouBA 
 -pB puB paonpojjuj 
 
 os 
 
 CO 
 
 O 
 
 a 
 
 o 
 
 U 
 
 C, 
 
 <—> 
 
 o 
 
 0 
 
 •jaquin^ 
 
 1 1 ' ' 1 1 1 1 1 1 1 
 
 to 
 
 05 05 lO 
 
 to 
 
 i 
 
 i 
 
 1 CO CO CO 
 
 
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 lO *"H CO 
 
 co 
 
 i 
 
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 ' CM CM CM 
 
 
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 cm h eq 
 
 CM 
 
 i 
 
 i 
 
 l 
 
 l 
 
 i 
 
 i 
 
 1 CM CM CM 
 
 i 
 
 f 
 
 CM 
 
 tO 
 
 ONiO 
 
 to 
 
 l 
 
 l 
 
 • CM CM CM 
 
 CM 
 
 co 
 
 COrHJO 
 
 co 
 
 i 
 
 l 
 
 ' CM CM CM 
 
 CM 
 
 CM 
 
 CM T-H (M 
 
 CM 
 
 i 
 
 l 
 
 «CM CM CM 
 
 CM 
 
 Oi 
 
 05 
 
 co 
 
 !>• 
 
 CO 
 
 CO 
 
 o 
 
 CO CO CO 
 
 CO CO O 
 
 oo 
 
 CO 
 
 oo 
 
 CO 
 
 oo 
 
 CO 
 
 OO OO OO 00 
 
 CO CO CO CO 
 
 oo oo 
 
 CO CO 
 
 oo 
 
 CO 
 
 oo 
 
 CO 
 
 05 
 
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 05 
 
 CO 
 
 o 
 
 CO 
 
 o o o 
 
 CO CO CO 
 
 tO 
 
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 tO 
 
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 tO 
 
 CO 
 
 ic lO to to 
 
 CO CO CO CO 
 
 to to 
 
 CO CO 
 
 to 
 
 CO 
 
 CO 
 
 CO 
 
 CO 
 
 CO 
 
 CO 
 
 CO 
 
 73 
 
 0 
 
 b£ 
 
 t- 
 
 ci 
 
 rC 
 
 0 
 
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 CO 73 
 C c3 
 X c3 a 
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 S o ^ 
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 33 g 
 
 ■° a o 
 
 GO ^ J2 
 
 >> o3 
 fl 2?33 
 
 2 g; . 
 
 3 O 
 O “ 
 
 23 « 
 b£ O 
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 CO 7 
 
 £■•3 2 
 
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 M G 
 
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 += 
 
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 ft 
 
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 G 
 
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 til 
 
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 G O 
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 So 
 
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 Eh H 
 
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 cS S 
 
 §o 
 
 SO 
 
 ■5 33 
 
 ••4- 0 
 
 o -2 
 
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 5* o 
 o 
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 45 ” 
 
 c3 
 
 0 
 
 4-5 
 
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 -4-* 
 
 GO 
 
 G o 
 
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 CO 
 
 0 «+h 
 
 ^ O co 
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 G § ~;S 
 
 CG S a3 
 
 -t-, Q)~ 
 
 .S’H * 3 
 
 ? «.s 
 
 tH ~ 
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 H ° G 
 
 go 3 
 
 ■ 2 <m g 
 
 O ^33 « 
 = X C O 
 ei cS 
 
 +; ^o G 
 
 °£ HO 
 
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 .t: g - 
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 «"8 k g 
 
 g *<oa 
 
 d3^-s| 
 
 fai - ^ ®‘C a> 
 
 Il|b 
 
 G= 8 
 
 O o o o o 
 
 SSh 
 
 0 
 co r 
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 « -H *rH 
 
 0 +-> c-; 
 
 _T- O P 
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 ; -§ c 
 > 53 -J3 
 7333 3 
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 1/2 33 § 
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 4-5 
 
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 ■g feS 
 
 ^ -tf 
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 33 
 
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 co ^3 
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 33 0 
 
 co ^ 
 
 >i o 
 
 c3 c3 
 
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 frH 
 
 ^ 0 3 
 0-^0 
 
 - ci~ 
 
 o ^ . co 
 
 -H -t* +5 4-5 
 
 4^ O ^ C 
 0 0 -J 2 
 
 4 - .x —h ^ c3 
 C — 0 C 
 g <n o-- 
 
 fcl 3 5 C343 
 33' -_s p£ G 
 O *- o ,pH 
 
 r|| 
 
 033''-''-= <M 
 32 G 
 
 eS «3— O 
 
 2 o 5 R ”2 c 
 
 83 g rt g’-S 
 gp-, a c 5 
 
 CO 
 
 CJ 
 - o 
 
 G • -« 
 
 CJ c 
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 44) -4-a 
 
 ci & 
 
 G G 
 
 s s M 
 
 ® o.S _ 
 3333 cj o 
 G G G ® 
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 CO CO HH 
 CO CO 44> HH 
 
 0 0 c 
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 «4-l <4-. <4 ^ 
 
 0 0 O 
 TT70 ^ 0 
 
 ss-l| 
 
 ft ft_rt ^ 
 
 o o o o’ 
 
 hhtih 
 
 13^ 
 
 oO- 
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 -s'S ® 
 
 . G O 
 
 ^ §.‘-3 
 
 G o ° 
 •3 ,£3 05 
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 ^•Sg 
 
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 2 5 
 
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 G-' 
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 ^3 3 
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 3 — 
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 G*3 Q <K 
 
 o 3 m 
 N 33 aj-33 
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 ^ _ C «1 
 
 ®Eh Eh 
 
 >j o 
 
 33 cc 
 — OG 
 
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 4-5 O 
 
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 P rt 
 
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 OOOOhh 
 — CM CM 
 
 <M CO 
 CM CM 
 
 CM 
 
 tO 
 
 CM 
 
 CO 
 
 CM 
 
INDEX 
 
 963 
 
 o o o 
 cm oo 
 
 r-H CM CM 
 
 C5 
 
 Tt< 
 
 0»0 10 
 
 ^cooo 
 
 H(N h 
 
 CO 
 
 co 
 
 CM 
 
 
 O o o 
 
 Tf< Ci CM 
 
 r-H CM CM 
 
 O 40 
 
 CM CO 
 CM CM 
 
 o> 
 
 t'- 
 
 40 
 
 05 
 
 t'* 
 
 40 
 
 CO 
 
 CM 
 
 o o 
 
 CM 00 
 CM CM 
 
 fc> 
 
 
 CO 
 
 CO 
 
 CM 
 
 O 
 
 CM 
 
 CM 
 
 O 
 
 CM 
 
 CM 
 
 co 
 CM 0-1 
 
 CO co O 05 
 N*HCO 
 ' CM CM 
 
 05 lO 40 
 CO 00 
 CM T—i 
 
 CO 
 
 CM 
 
 CO 
 
 CM 
 
 CO 
 
 CM 
 
 O 
 
 co ts- 
 
 CM rH 
 
 05 o 
 
 Tt« 05 
 
 t-h CM 
 
 co to co 
 ^ ^co 
 CM CM CM i 
 
 CM 
 
 CO 
 
 CO 
 
 40 
 
 co 
 
 CM 
 
 05 05 05 
 CO CO CO 
 
 o 
 
 o o ^ 
 
 
 40 
 
 40 
 
 40 40 
 
 40 
 
 *o 
 
 40 00 
 
 co 
 
 oo 
 
 CO 
 
 oo 
 
 00 
 
 Tt< 
 
 00 00 
 
 oo 
 
 CO < 
 
 CO < 
 
 o 
 
 t>- 
 
 CO CO CO 
 
 l>- 
 
 co 
 
 co CO co 
 
 I s - OO 00 
 
 CO CO CO 
 
 co 
 
 co 
 
 co CO 
 
 co 
 
 co 
 
 CO 40 
 
 
 
 
 r— 
 
 
RECGRD OF PROPOSALS—Continued. 
 
 964 
 
 IXDEX 
 
 •sgtfipaaaojd jaqjQ 
 
 •pajoataR 
 
 ‘SuipBaj 
 puooas uo paoBjd 
 puB ap£js P UB ^3oi° 
 -as-Bjqj uo aajjituuioQ 
 uiojj qouq pa;jodaR 
 
 -aiAg 
 
 puB AScqoasBjqR uo 
 aajjiuiuio;^ oj pauaj 
 -ai puB uoijuaAUoa 
 oj qauq papiodaR 
 
 •aioqAV J° 
 
 aajqiuiuiOQ ux dn uaqB j, 
 
 •s jap jo 
 jBJauaS uo paoBjd 
 puB ajqBj uiojj uaqBX 
 
 •aajjiuuuoa 
 uiojj pajJodaR 
 
 aajjiuiuioa oj pajjajaj 
 pun Suipuaj jsjir 
 
 •aouajajaj joj paouBA 
 -pB puB paonpojjuj 
 
 C3 
 
 Xfl 
 
 O 
 
 — 
 
 O 
 
 u 
 
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 © 
 
 t'- t>- 
 
 O ©5 
 
 1 1 II I ■ 
 
 0 
 
 ID 
 
 ID ©5 
 
 0 CO 
 
 10 
 
 CO 
 
 CO 
 
 05 t?* 
 
 05 
 
 05 
 
 05 ^ 
 
 C5 rH 
 
 - I 
 I 
 
 c INNNNNN 
 
 C5 iNNNNNN 
 
 05 IHHHHHH 
 
 N N C5 C5 w5 
 
 NNNNN 
 
 ©5 ©5 ©5 
 
 L'TNN 
 
 05 i—i 
 
 O 
 
 05 
 
 05 
 
 O 
 
 05 
 
 I>- O* 
 
 CC CO 
 CD l>- 
 
 C3 
 
 iD 
 
 ID CO 
 
 ID 
 
 CO 
 
 CO 
 
 C5 
 
 05 
 
 05 — 
 
 : ^ 
 
 • CO 
 
 O 
 
 ©5 
 
 05 
 
 i N t>- N N t''- N 
 i t>- £"* t>- t'- £"• 
 
 co co co 
 
 t>. !>. O- 
 
 ©5 CO CO 
 
 »CNN 
 05 t— i—. 
 
 oo oo 
 
 ^ rt« o 
 
 OO OO 
 
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 03 
 
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 ©5 ©5 
 
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 CD ©5 
 
 ©5r^©3©3©3©5©3©3 
 
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 . . 05 05 
 
 : D C O 
 
 Ci 
 
 !>■ 
 
 CD ©5 
 
 05 O* 
 
 O'. 05 05 05 c c c c 
 
 oooo oooo 
 
 oooooooo 
 
 OO 00 OC 00 OC 00 00 CO 
 
 m 
 
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 a .2 
 
 - § 
 
 ■a tc 
 
 ; >. 
 
 I -4-> 
 
 io 
 
 I © 
 
 +3 U 
 
 c c 
 
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 £ 5 
 c.2 
 
 « <3 
 > "C 
 O—! 
 
 O' 
 
 c o 
 
 fi a 
 CO 
 *3 "43 
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 o:5 
 
 &« 
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 © 
 
 • - 2 c 
 
 03 C © 
 w c3 
 
 uaqmnjs^ 
 
 c3 
 
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 S rt c 
 
 c3 -3 O 
 J3G0-2 
 
 m m ^ 
 
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 -D- -4-5 ’D 
 
 c3 c8-g 
 3 ® 3 
 
 O ‘lj CC 
 X CO 
 
 >j: ch o 
 
 © -3 g 
 
 D ^ a*_< • r-< r> 
 
 o § °tl 
 
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 ■r . w Ai "2 o 
 
 2 2 £ = S'o^ 
 
 +3^ C O 
 
 fc: = |«o;:2g- 
 
 p'.rt o C o c 
 
 £3 ”3T3 2 O 
 
 ^ - 
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 C 
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 opg° 
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 P- c— 
 
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 £•« 
 
 C — 
 
 D C 
 
 C c 
 
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 S3 Ph ^ ^ 
 
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 Cv - ■ 
 
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 c-^-2 
 
 c 0'S 
 
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 Q TO ^ 
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 33'“ 5. c3 
 c3 C ^ u n —2 
 s+> o v O 1-1 
 
 E-i 35 H 
 
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 ■geo 
 
 ^ t 
 
 £ £ 
 0 
 CO c 
 
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 • H 
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 CO 
 
 O 
 
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 05 fl -v 
 
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 CO .— 
 
 C -P 
 
 3 c 
 
 &> 
 
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 c3 © 
 
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 »— V 
 
 c *- 
 
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 «*- 
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 -4-3 LI 
 
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 b£- 
 
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 O' 
 
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 CO 
 
 oo 
 
 00 
 
 © 05 
 
 £ - 
 
 ~ © 
 
 S c 
 
 C3 o 
 
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 u-* l_d 
 
 cZ 
 
 -C © 
 bl^ 
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 © c3 
 
 OOOOwO 4 — 
 
 i tC i>-O 
 
 I oc oo oo 00 oo oo 
 
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 © 
 
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 1 C o o o o c 
 ! c ^ ^ c c 
 1 o 0,0.2.o.b. 
 
 ' ’5 "2 a a 
 
 ', JS ^ 43 43 ^ 
 
 o 4o 4^ V> V> z. 
 
 ^XXXXXX^J 
 
 » £ S £ c £ a - 
 “■ oocoooo 
 ■0000030 ® 
 o o o 2 2 ® 
 
 .2 •*= +3 
 
 p4 t— F- f- P- 
 
 oo 00 OC 00 OO 00 oo 
 
 o c o o c o 
 
 *+- ^ ~*z; «4-< oC t_ e- i 1 
 
 C O O o O O o o o 
 
 a a a a a a a 
 
 2.2 c 2.2.2.2 
 
 -4-3 -*-3 _*_> -4J 
 
 -^3 -4— 3 3 -+3* -4-3 
 
 -4-3 -*3> Vi *-4-3 -4-3 -*-3 -*J 
 
 CC ® CC iC tC CD CQ 
 
 a a c c a a a 
 
 o c o o c c o 
 
 OOOOOOO 
 _^o®sooos> 
 x ^ ^ ^4 444 ^4 ^4' 
 
 o c c o o 
 
 o 2 
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 ■g|s 
 
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 ^ © O G _ w; © ^ 074 D D.— ■— — 
 
 girrT.S 23ft5ort.22.2.S.2 
 
 s'ffftt- S'S't 
 
 r * ^ r . . » v ^ ^ - . * ■ . Cm f ■ < r ■ • 
 
 C 
 
 2_o *s 
 
 a o o o _o 
 
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 ■“a: o 
 
 a tC -g 
 
 .44 
 
 ®!g 
 
 a — O 
 
 ?s? 
 
 c o 
 
 a la 
 
 ;a * 5S c o^ 
 
 —' n n —< O 0 - 
 
 Eh HEh E-P- 
 
 ICON 
 iO iC C 
 
 00 05 
 
 ID O 
 
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 C<1 CO 
 CD CD 
 
 ^ O 
 
 CD CO 
 
 C C w C 0 c - C 
 
 - ©co^ 05001 ^' 
 
 V £ g S 2 3 c-£^ S 3 O § o o o 
 ©.g.2.S.S*^*r5 *S*tiU3U3 5 ^ 
 
 •r| -4-3 -4^> -4-3 -4-J 2 ^© © G G G G © 
 
 -^©wG©©?,,'?',_ ,©dGOGGG 
 
 ^|«g5«<gS2S®?2f222 
 
 -a -1 ”z as -a ~ "3 aaaaasaacj 
 aaaaaa?^a:”i"aaao.a 
 aaooaa c “aXX-“ ;: -'a. 
 
 § l &8'§‘§ , |££^l'2gS£E2 
 
 oo%tooco<ooooooo 
 
 r-^r-r-r-r-rl 
 
 4f3 t -Sf3 
 
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 4 cD CD : 
 
To repeal Section 13 of Article IX of the Constitution of 1870 
 
 INDEX 
 
 965 
 
 to C5 © © © 
 CO Tf (NNO 
 CM rH(NCq(N 
 
 © 
 
 r- 
 
 © 
 
 O CO to 
 
 CM Tf CO 
 CM t-h CM 
 
 CO Hf 
 
 rt« © 
 
 t-h t-H 
 
 tO OO 
 
 CM hh 
 CM CM 
 
 CO 
 
 Tt< 
 
 © to 
 
 ^ co 
 
 T-H CM 
 
 © o co 
 
 *>■ CO Hf 
 
 T-H CM t-H 
 
 CO O 
 CO 
 
 hh CM 
 
 CO tO 
 CM OO 
 CM t-h 
 
 o o 
 
 CM CM 
 CM CM 
 
 O 
 
 CM 
 
 CM 
 
 to 
 
 CM 
 
 CM 
 
 CO © 
 
 CM CM 
 
 CO 
 
 CM 
 
 OO 
 
 to O co CO o 
 
 CO 1 — — co 
 
 CM t—< CM CM CM 
 
 CO 
 
 CO 
 
 co 
 
 co to 
 
 co co 
 CM t-h CM 
 
 ^ CM O CO 
 
 CO © OO 
 
 T-H t-h T-h cm 
 
 co 
 
 oa to 
 
 ^ co 
 
 T-H CM 
 
 CO 
 
 CO 
 
 O ■'■+< 
 CO CO 
 CM T-H 
 
 ^ o 
 
 CO CO) 
 t-h CM 
 
 CM to 
 CM 00 
 CM t-i 
 
 CM 
 
 © 
 
 CM CM CM CM 
 
 © © © 05 
 
 CM 
 
 © 
 
 CM CM 
 
 © © 
 
 CM CO CO 
 
 OCC5 
 
 CO 
 
 C5 
 
 co CO 
 
 05 05 
 
 CO CO 
 
 05 05 
 
 0505 05 0505 05 0505 0505 C5 
 
 05 05 
 
 o © © © ~ 
 
 00 00 GO 00 00 
 
 OC 00 
 
 OO 00 OO CO 
 
 CM CM CM O' 
 
 oo oo oo a 
 
 CM CM 
 OC 00 
 
 CM 
 
 OO 
 
 CM CM 
 
 OC 00 
 
 CM 
 
 00 
 
 CM CM 
 
 oo oo 
 
 CM CM 
 
 00 00 
 
 CM 
 
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 co co 
 OC oo 
 
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RECORD OF PROPOSALS—Continued. 
 
 966 
 
 IXDEX 
 
 •sSuipaaaojd jaqjQ 
 
 •pajoateR 
 
 •guipnaj 
 puoaas uo paonjd 
 pun ajAjg pun Agojo 
 -asnjqR uo aapquiuioQ 
 uiojj gang paptodaR 
 
 •aiA^g 
 
 pun Agojoasniqq uo 
 aajjiuiuioQ oj. pajjaj 
 -a’j pun uoijuaAUoa 
 oj qonq pajJodaR 
 
 •aioqAV }° 
 
 aajjtuiuioQ ui dn uaqnx 
 
 •s jap jo 
 jnjauaS uo paon[d 
 pun ajqnj uiojj uaqn x 
 
 •aajjirauioo 
 uiojj pajjodaR 
 
 •aajjtuiuioo oj pajjajaj 
 pun Suipnaj jsjrq 
 
 •aouajajaj joj paouUA 
 -pn pun paonpojjuj 
 
 rt 
 
 GG 
 
 O 
 
 ft 
 
 o 
 
 o 
 
 o 
 
 Tl 
 
 •jaquin^i 
 
 Cl 
 
 p- 
 
 P- 
 
 o 
 
 CO 
 
 III 1 1 II 1 III 
 
 * 0 - Cl ^ Cl 
 
 
 O 
 
 CM 
 
 1 
 
 .1 
 
 ^ O kO. 
 
 1 — ^ 
 
 -O- 
 
 Cl 
 
 CM 
 
 1 
 
 1 
 
 kO CM CO 
 
 CM -r^ CM rH 
 
 CM 
 
 CM 
 
 CM 
 
 1 
 
 1 
 
 1 
 
 1 
 
 CM CM 
 
 CM 
 
 o 
 
 CM 
 
 CM 
 
 CM 
 
 w cc o 
 Cl P- O ^ 
 r— i— CM r—i 
 
 o CM 
 ^ Cl CM 
 CM CM CM 
 
 CO 
 
 Cl 
 
 co co co 
 
 !>• CM CM 
 CM CM CM 
 
 kO OCOlOO 
 
 CO CM CM OO T* 
 CM CM CM H i-H 
 
 o 
 
 CM 
 
 CM 
 
 CO 
 
 CM 
 
 CO 
 
 P-. 
 
 CM 
 
 CO 
 
 p- 
 
 CM 
 
 o 
 
 CM 
 
 CM 
 
 P^ CO kO 
 
 Tf — co 
 
 H CM CM 
 
 CO 
 
 ^ CM CM 
 
 CM CM 
 CM CM CM 
 
 CO 
 
 CO 
 
 kO CO CM kO Cl 
 
 CO — CM 00 ^ 
 
 CM CM CM rn 
 
 Cl 
 
 Cl Tt« kC kO 
 P* O Cl Ci 
 
 Cl 
 
 kC 
 
 Cl 
 
 kO 
 
 Cl 
 
 kO kO 
 
 Cl Cl 
 
 kO 
 
 o 
 
 Cl Cl 
 Cl Cl Cl 
 
 Cl C1 Cl 
 
 Cl Cl Cl 
 
 Cl 
 
 C1 
 
 Cl Cl Cl Cl 
 
 Cl Cl Cl Cl 
 
 co co CO CO 
 GO OC GO 00 
 
 co 
 
 00 
 
 CO 
 
 00 
 
 CO CO 
 
 OC 00 
 
 CO 
 
 00 
 
 co kO kO 
 
 OO 00 00 
 
 kO 
 
 oo 
 
 iO kO kO 
 
 OO 00 00 
 
 kO 
 
 00 
 
 LO kO kO c 
 
 00 00 OC 00 
 
 © 
 
 -4^ 
 
 c3 
 
 -4J 
 
 zn 
 
 71 
 
 3 
 
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 c — 
 
 CM Ol 
 
 0 3 CO 
 
 01 Ol 
 
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 03 CM 
 
 P- 
 
 CM 
 
 OO Cl 
 
 03 03 
 
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 03 CM CM 
 CM 03 CM 
 
 CO 
 
 CM 
 
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 CM CM CM CM 
 
INDEX 
 
 967 
 
 CO 
 
 to 
 
 C5 
 
 05 
 
 CO 
 
 to 
 
 tr^ 
 
 cm 
 
 40 
 
 N 
 
 05 
 
 CO 
 
 t-h co 
 
 -to 
 
 oc 
 
 co 
 
 o 
 
 cm 
 
 CM 
 
 05 CO CO 
 
 to 
 
 1 
 
 OlON 
 
 1 CO 
 
 tO 
 
 to 
 
 to 
 
 l 
 
 CO 
 
 ' co 
 
 05 
 
 NiOC5 
 
 
 CM CM 
 
 CO 
 
 
 CMCON 
 
 • CM 
 
 co 
 
 CO 
 
 CO 
 
 l 
 
 CM 
 
 1 cm 
 
 Hf< 
 
 l>- CO ^ 
 
 
 t-h CM CM 
 
 <1 
 
 
 CM CM t— 
 
 • CM 
 
 CM 
 
 CM 
 
 CM 
 
 t 
 
 CM 
 
 • CM 
 
 TH 
 
 TH CM TH 
 
 T-H CM CM T-H 
 
 o 
 
 CM 
 
 CM 
 
 o 
 
 CM 
 
 CM 
 
 CO 
 
 CM 
 
 CO 
 
 t-H 
 
 CM 
 
 O 
 
 o 
 
 CM 
 
 co r— 
 
 o 
 
 05 CM CM tO 
 
 h* CM CM CO 
 
 t-h CM CM CM 
 
 CO tQ t>- 
 
 ^ co r» 
 
 CM CM T—t 
 
 CM to to to 
 
 CM CO CO CO 
 
 CM CM CM CM 
 
 CM 
 
 CM 
 
 CM 
 
 CM 
 
 CM 
 
 CM 
 
 05 
 
 MOQ 
 
 t^CO^f 
 
 T-H CM T-H 
 
 CM 40 40 HjH 
 
 ci rococo 
 
 -HCMCMrH 
 
 C5 
 
 05 
 
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 o o 
 
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 o o o 
 o o o 
 
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 O O O T-H T-, 
 
 o o o o o 
 
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 t-h t-h CM CM CM CM CM 
 
 o o o o o o o 
 
 o 
 
 oc 
 
 co 
 
 00 
 
 sO 
 
 oo 
 
 co CO 
 
 oo 00 
 
 CO 
 
 00 
 
 CO CO CO 
 
 00 OO 00 
 
 CO 
 
 00 
 
 CO 
 
 00 
 
 O CO CO N N 
 
 CC 00 00 00 oo 
 
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 m 1 *7* 
 3 ;'e 
 
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 CM 
 
 co 
 
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 CO 1- 
 
 co 
 
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 CO 
 
 co 
 
 co co 
 
 
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 Cl 
 
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 Cl Cl 
 
 ttM «• 
 
 fe a b . 
 
 o a z>- 
 
 o 53“^ N -c 
 
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 t—. *-• v 
 
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 g-s c “ 
 
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 w O O 3 
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 •p: ©CC C « o o c 
 
 x © >- a S S 
 
 ^ c cj cS Ci 
 
 0—0 o 
 
 —H »c r ^ GO 
 
 •t< -t* -H 
 Ol 'M CM CM Cl 
 
 O him CO -H »0 
 
 tO iO »0 tQ iO tO 
 
 CM CM CM CM O-l CM 
 
 <D 
 
 HE - 1 
 
 co r^- oo C5 o t-h cm 
 
 tO to »o to CO CO CO 
 
 Cl CM 0-1 CM CM CM CM 
 
RECORD OF PROPOSALS—Continued. 
 
 
 968 
 
 INDEX. 
 
 •sSutpaaaojd laq^Q 
 
 •pajaotoR 
 
 •SuipBai 
 puoaas no paoiqd 
 puB ajA}g puB A2ojo 
 -asB-iqj uo aapquiuiOQ 
 uiojj qouq pa^-iodaR 
 
 •aiA^g 
 
 puB Agoioosujqd no 
 aapquiuio;^ oq pauaj 
 
 -ej puB UOIRiaAUOO 
 o^ qaBq pa^-iodaR 
 
 •aioq.vv}° 
 
 O 0 p;iuirao 3 ui dn uaqBj. 
 
 ■saapjo 
 jB.iaua2 uo paaBjd 
 puB aiqu; uiojj uaqBx 
 
 •aapqrauioa 
 uiojj pa^aodaR 
 
 'aapqiuuioa o} paaiapJ 
 puB Sutpuaj }SJtR 
 
 •aauaiajoj joj paauBA 
 -pB puB paanpoj^uj 
 
 C3 
 
 CC 
 
 O 
 
 a 
 
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 C, 
 
 •joqum^ 
 
 CO 
 
 cm 
 
 1-0 
 
 CO 
 
 CM 
 
 to o 
 
 CO ^ 
 CM i-H 
 
 crs 
 
 co ^ 
 
 CM »-h 
 
 <M 
 
 O 
 
 CM 
 
 o 
 
 CM 
 
 o 
 
 CM 
 
 o 
 
 CM 
 
 O 
 
 CM 
 
 O 
 
 CM 
 
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 CO CO CO 
 
 o o o 
 
 CO 
 
 o 
 
 CO CO 
 O O ' 
 
 CO 
 
 o 
 
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 o 
 
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 oo 
 
 oo 
 
 00 
 
 00 
 
 oo 
 
 oo 
 
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 00 
 
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 oo oo oo 
 
 oo 
 
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 OO C5 
 
 oo oo 
 
 Ci 
 
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 oo 
 
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Relative to the method of calling future constitu 
 
 index. 969 
 
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RECORD OF PROPOSALS—Continued. 
 
 970 
 
 INDEX 
 
 ■sSuipaaoojd jaqjQ 
 
 •pajaaCa'y; 
 
 •guipnaj 
 puooas uo paonjd 
 pun ajAjg pun ASojo 
 -asnjqj uo aajjiuimoQ 
 uiojj gang pajjodan 
 
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 aaj/jTuiuio^ oj pajjaj 
 -ai pun uoiju3auoo 
 oj qanq pajjoday; 
 
 ■ajoqM jo 
 
 aajqtuiuio^) ux dn uaqnj, 
 
 •sjapao 
 jnjauaS uo paonjd 
 pun ajqnj uiojj uaqnx 
 
 •aajjiunuoo 
 uiojj pajjoday; 
 
 aajjiuiuioo oj pajjajaj 
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RECORD OF PROPOSALS—Concluded. 
 
 972 
 
 IXDEX 
 
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 184,201,241 
 
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 H c5 
 
 : c" 
 
 A 
 
 © to' O ^ 
 
 ■ 3 x.3 O* 
 
 > S %'$% 
 
 £ 3 ^.13 .£ 
 
 G ^ u 43 
 
 r* hi ©h 
 
 to co 
 to to 
 
 CO CO 
 
 r— 00 
 to to 
 
 to co co co Id 
 co CO co CO CO 
 
 Tf to co 
 
 CO co CO 
 CO co CO 
 
 N xoo 
 COCOCON 
 CO CO CO CO 
 
 — CM CO 
 
 1 ^- 
 
 co co co 
 
 T*- to co 
 co co co 
 
Entitled “Canals and W: 
 
 IXDEX 
 
 973 
 
 • T* O 
 
 i 
 
 « CO T* 
 
 co *— i 
 
 • n- ic 
 
 i 
 
 i oo 
 
 OC CO 
 
 • CM CM 
 
 i 
 
 1 CM CM 
 
 CM ^ 
 
 i 1C 
 
 i 
 
 • CM 
 
 CM* 
 
 i 1C 
 
 i 
 
 i n- 
 
 
 i CM 
 
 i 
 
 i CM 
 
 CM 
 
 
 i 
 
 i 
 
 
 i i— 
 
 1 
 
 i 
 
 
 1 1C 
 
 i 
 
 i 
 
 
 1 CM 
 
 i 
 
 i 
 
 i 
 
 i 
 
 i 
 
 i 
 
 1 
 
 l 
 
 1 
 
 i 
 
 l 
 
 l 
 
 i 
 
 l 
 
 i 
 
 i 
 
 i 
 
 
 i i o O O • i 
 
 O 1 
 
 1 1 »c 
 
 00 00 1 1 
 
 Ci 1 
 
 • 1 CM CM CM 1 1 
 
 it ii 
 
 it ii 
 
 ii it 
 
 ii ii 
 
 ii ii 
 
 ii ii 
 
 CM l 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 o ^ • 
 
 1 
 
 l i C5 
 
 l CO 
 
 t-~ CO 1 
 
 1 
 
 1 1 o 
 
 I 1C 
 
 CO CO • 
 
 1 
 
 1 1 ^ 
 
 1 1C 
 
 
 
 
 1 ^ 
 
 
 
 
 C3 
 
 1 
 
 1 
 
 1 1 
 
 .9*9 
 
 1 
 
 1 
 
 1 1 
 
 1 ym* 
 
 1 
 
 1 
 
 1 1 
 
 . o 
 
 1 
 
 1 
 
 
 1 CO 
 
 00 O 1 
 
 1 
 
 1 CO 00 
 
 1 1—« 
 
 CO CO 1 
 
 1 
 
 • N- 00 
 
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 CM CM 1 
 
 i 
 
 1 
 
 1 
 
 • CM CM 
 
 i 
 
 • CM 
 
 1 
 
 1 
 
 i 
 
 i 
 
 i 
 
 i 
 
 i 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 i 
 
 i 
 
 l 
 
 i 
 
 l 
 
 i 
 
 1 
 
 • 1 
 
 1 
 
 1 
 
 1 
 
 1 
 
 00 3 
 co o 
 
 CM 1C 
 
 i 3 3 CO 3 
 
 i •*** -r^ n- oo 
 
 1 CM CM CM CM 
 
 3 O 
 OO N- 
 CM CM 
 
 ?5-y 
 53 “9 
 
 N CM 
 
 ■ t>- 
 
 1 T* 
 
 1 CM CM 
 
 CM 
 
 CM 
 
 g| 
 
 CM 
 
 CM 
 
 i 
 
 1 
 
 i 
 
 i 
 
 l-H 
 
 CO 
 
 CM 
 
 i— < co 
 CC Jq 
 CM 
 
 cT 
 
 Tt« 
 
 CM 
 
 i 
 
 i 
 
 i 
 
 t^T 
 
 1C 
 
 CM 
 
 r^.* 
 
 1C 
 
 (00 
 
 CM 1-1 
 CO 
 
 CM CM 
 
 1 r- r- CON 
 
 ' 1C 
 
 • CM CM CM CM 
 
 N 
 
 iC 3 
 CM CM 
 
 C5 iC 1C t>» 05 o thO) 
 (M CO CO CO COlO >010 
 CM CM CM CM CM CM CM CM CM 
 
 C5 LO »c N C5 c — 
 
 Ol CO CO CO CO »C LOLO 
 
 CM CM CM CM CM CM CM CM CM 
 
 O iC tC t'- O ^ O —* Ci 
 
 CM CO CO co CO ^ »c ic »c 
 
 CM CM CM CM CM CM CM CM CM 
 
 02 03- 
 
 >. S' 
 
 s 
 o 
 
 o ®-r; 
 cm cm ~ 
 c; Ci -- 
 
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 s s 3 
 .2.20 
 3 =? c3 
 
 t-t 
 
 a> 
 
 o 
 
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 o 
 
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 CO 
 
 00 
 
 CO 
 
 <3 
 
 03 
 
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 cO 
 
 — 
 
 S s o 
 
 3 S&2: 
 
 So'gOO a;-i 
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 h 03 —c 5 
 
 S-C ~ ^ O *■* StZrX 
 
 l. cC O O (W c3 ^ £1.—- 
 O a . O ^ 
 
 •*- ®,® ® Si*nQ 5 
 ®Qo«gQ «”o 
 
 O ^ Z, C3 ££ 
 
 ‘■S.SJijS 5.2-2 ’o p 
 c2.Si „ cj^'^ 
 
 §111ill 
 
 03 c~ g"22: 
 
 ~!7 03 « oT 5 c : m 
 
 oj > t,«j: +j_c 
 - - y - ■- 
 
 fc-0,2® ®TJ 03 Sc 
 
 l. > O i_ 
 
 55 •- 93 § 
 
 U U u ~ ~ — Z 
 
 o«oo^co^>o 
 
 <j 
 
 f^popso^oico^ 1C 
 
 •^•f^-^OOOOOOOOQO CO 
 
 oocococococococo co 
 
RECORD OF REPORTS FROM COMMITEE ON PHRASEOLOGY AND STYLE. 
 
 974 
 
 INDEX 
 
 •papjara-Ji 
 
 •sSmpaaoojd jaq;Q 
 
 •;itm B SB 
 
 Suipuai pjrq; no bSbssbj 
 
 •;iun b 
 
 sb a[oq,\^ aq; jo aa;;ira 
 raoQ ui paiaptsuoQ 
 
 •siapio 
 jBiauaS no paoB^d 
 puB ;iun sb ajA;g puB 
 •tCSojoasBjqj no aa;;iui 
 -BctOQ uiojj pa; jo day; 
 
 •SaipBaj 
 
 puooas no paiapisuoQ 
 
 •SuxpBai 
 puooas uo paoBjd puB 
 uot;uaAUOQ o; pa;joday; 
 
 +2 
 • pH 
 
 H 
 
 •jaqumu ;joday; 
 
 o 
 
 1 
 
 IrHOON 
 
 l-H tH 
 
 1 
 
 
 1 
 
 1 iH P- 
 
 1 05 
 
 ooNr^ th 
 
 
 i 05 
 
 <M 
 
 1 
 
 I CO oo ^ 
 
 CO oo 
 
 1 
 
 29 « 
 
 
 1 CO kO 
 
 1 1>» 
 
 
 oq oo 
 
 
 i oq 
 
 CO 
 
 1 
 
 'kOkON 
 
 
 1 
 
 1 
 
 ® : 
 
 CO i 
 CO , 
 
 i CO CO 
 
 ■ t>» 
 
 
 
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 TJH* 
 
 1 
 
 i t>T 
 
 ko 
 
 1 
 
 • i 
 
 — 1 
 
 11>- 
 
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 05 
 
 1 
 
 i oo 
 
 ko 
 
 1 
 
 O 1 
 
 O 1 
 
 1 kO 
 
 i oq 
 
 oq 
 
 
 
 i oq 
 
 kO 
 
 1 
 
 1 
 
 i kO 
 
 1 
 
 ko 
 
 1 
 
 1 
 
 oq i 
 co i 
 
 ko CO 
 
 I CO 
 
 1 
 
 i cO 
 
 
 
 i 
 
 i 
 
 i 00 
 
 
 1 
 
 1 
 
 
 1 
 
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 1 
 
 
 1 
 
 oo • 
 
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 1 
 
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 1 
 
 
 1 
 
 CO • 
 
 oo ^ 
 
 1 
 
 
 
 
 
 
 
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 1 
 
 
 1 
 
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 1 
 
 
 
 
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 rtCOifD^»CONN 
 
 O kO CO W CD 
 
 05 OG«(N 
 
 kO CO lO^ON 
 
 o 
 
 o 
 
 co 
 
 E2 ^ 
 
 kOO • 
 
 th co 
 
 J^ 
 
 CO 
 
 O 
 
 CO 
 
 CO 
 
 05 
 GO I T* 
 CO CO kO 
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 CON^H 
 !>• CO 
 CO kO 
 
 oo 
 
 CO 
 
 ko 
 
 oo 
 
 o 
 
 kO 
 
 ko 
 
 o 
 
 ko 00 
 
 05 
 
 o *-< 
 
 CO oo 
 co co 
 
 N ~ 
 
 cazs 
 
 e ft 
 
 ^.co 
 
 o . 
 
 ,4° 
 
 kO - 
 lO TtH LO 
 -CO oo 
 
 ^ CO CO 
 
 oo 
 
 oo 
 
 ONO 
 CO OOrf 
 t'- CO cO 
 
 CO OO oc 
 
 CS1 ^ 05 
 
 r- co kc 
 
 r* 
 
 05 
 
 kO 
 
 00 C5 
 Tf *>• 
 CD I s * 
 
 ^ CO 
 
 s*oo; 
 
 CO CO l 
 
 CO 
 
 OO 
 
 CO 
 
 CO 
 
 o 
 
 kO 
 
 05 
 
 CO 
 
 of 
 
 CO 
 
 CO 00 
 ► N 
 
 ko 
 
 CO 
 
 CO 
 
 oo 
 
 CO 
 
 CM 
 
 oo 
 
 T-H 
 
 00 
 
 ko 
 
 T-H 
 
 oo 
 
 Tt< <N (M <M CO 
 
 oc ^ 00 OO t 1 — 
 
 t>-1>-1'- I s * t*- 
 
 T-H y—i CO 
 
 CMrt^XN 
 
 oo of of 
 
 <NCIkO 
 CDt^ t>- 
 
 co 
 
 o 
 
 CO 
 
 05 00 OO CO C5 !>• 05. T-H CO 
 
 oo co co co co r- 05 ^ eq co co 
 
 iH d ci rt* ^ ^ w co co co co 
 
 CO 
 
 kO 
 
 ko 
 
 o 
 
 CO 
 
 oq 
 
 CO 
 
 05 Tf I>-^ 05 05 O 00 kO CO kC kO 
 NOOOOOOJO COClkCNI^OO 
 CO CO CO CO CO !>• 
 
 c 3 
 
 <c 
 
 to 
 
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 a> 
 
 % 
 
 o 
 
 to 
 
 H “ 
 
 to M 
 e"3 « 
 
 a © o g * 
 
 ^ to 3.3-r; 
 
 >>3 3.2 «3-g ©Hi 
 
 dJS'r-^OcsO 
 -m <o *3 s s a u 
 33 m 3 3 
 
 • — C3 • fH 0 0 H.^ 
 
 CO 
 
 pC 
 
 . 5 ?® 
 
 ■®3 
 
 3 
 
 t- 
 
 +3 
 
 a> 
 
 s 
 
 c3 
 
 C. 
 
 a> 
 
 Q 
 
 O 
 
 > 
 
 • pH 
 
 -f^> 
 
 13 
 
 CD 
 >5 
 
 cS 
 
 (h 
 
 O 
 
 a 
 
 ^ CD 
 ^ -H5 
 
 S o 
 c3 h 
 
 C 
 
 o 
 
 s 
 
 '- 
 
 a 
 
 <D 
 
 Q 
 
 a 
 
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 S' 
 
 (H 
 
 c5 
 
 .ph 5_( '■h a; 
 
 PQP-ttf 
 
 mO ^ .2 
 '5-rJ.HAi sis 
 c a c £ 3-o 
 
 c3 03 O C O PH 
 
 OhJnOO^ 
 
 co « 
 
 CO © 
 
 2 2 
 
 ~C -3 
 
 <! ^ 
 
 3 o' 
 
 ■8' 
 
 21—5 c 
 
 cq co ^ ko co oo 05 o ^ oq 
 
 T“^ T"H T“H 
 
 CO ^ kO CO t^- oo 
 
 05 o —< oq co 
 
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