"I give iiefi Booh I frf the fov,ndin^ of a, Cotkg^ tu ihtt ColoAf G-ift of the Publisliers ,^^ COLLECTIONS OF THE ILLINOIS STATE HISTORICAL LIBRARY EDITED BY CLARENCE WALWORTH ALVORD UNIVERSITY OF ILLINOIS VOLUME XIII CONSTITUTIONAL SERIES VOLUME I ILLINOIS CONSTITUTIONS ILLINOIS STATE HISTORICAL LIBRARY BOARD OF TRUSTEES Evabts Boutell GRBa:NE, President Charles Henry Rammelkamp, Vice-President Otto Leopold Schmidt, Secretary Jessie Palmer Weber, Librarian ADVISORY COMMISSION Evarts Boutell Greene William Edward Dodd James Alton James Andrew Cunningham McLaughlin William Augustus Meesd Edward Carleton Page Charles Henry Rammelkamp Clarence Walworth Alvord, ex officio Copyright, 1919 BY The Illinois State Histobioal Libbabt Illinois State Journal Co., State Printers Springfield, III. 19 19 12716— 3M PREFACE The more important acts of congress relating to the government of the territory now comprising the state of Illinois and the organic or fundamental laws adopted by the state after its admission to the union have never been published in one compact volume. In view of the fact that the people of the state of Illinois, on November 5, 1918, cast their votes in favor of calling a constitutional con vention, it seems desirable that such a volume should be published. The purpose of this publication is to make the acts of congress providing for the government of the terri tory now embraced within the state of Illinois, the Ordi nance of 1818, and the three state constitutions more accessible to those who wish to acquaint themselves with the provisions of these documents. This volume, however, does not contain all the acts of congress relating to the government of the territory now constituting the state of Illinois. Only the more important of these acts are re printed. The acts of congress as they appear in this volume have not been compared with the original instruments. A com parison has been made, however, with the acts as they appear in the official compilations of the statutes of the United States. The original manuscripts of the Ordinance of August 26, 1818, and the three Illinois constitutions are on file in the office of the secretary of state and the texts of these documents as they appear in this volume have been compared with the original manuscripts. The amendments to the Constitution of 1870 have also been compared with the official texts on file in the office of the secretary of state. iv ILLINOIS HISTORICAL COLLECTIONS Many of the provisions of the constitutions of 1818, 1848, and 1870 have been construed and applied by the supreme court of this state. It seems desirable that the decisions of the supreme court interpreting the provisions of the three state constitutions should be noted. Each of the three constitutions is divided into articles and sections. Under each section as it appears in this compilation there are set forth the supreme court decisions which construe or apply that provision. No attempt is made, however, to list all the decisions of the supreme court bearing on con stitutional questions. Only those cases which are deemed leading cases in the construction and application of the provisions of the three state constitutions are cited. In making the annotation of cases volumes 1 to 281, inclusive, of the Illinois supreme court Reports have been consulted. A full and complete index to the Constitution of 1870 has been prepared. It has not been deemed necessary, however, to index the constitutions of 1818 and 1848, since the table of contents will serve for that purpose. Obvi ously, the present constitution will be consulted more frequently than the two preceding constitutions. A brief account of the constitutional history of Illinois has been added for the convenience of the reader. For assistance in this work I wish to express my indebtedness to the editor-in-chief, Clarence W. Alvord, and his assist ants. Miss Ruth E. Hodsdon, Miss Leila O. White, and Miss Margaret Doherty. In the preparation of this volume I have received many valuable suggestions from Major W. F. Dodd, Secretary of the Legislative Reference Bureau. Emil Joseph Verlie Springfield, Illinois January, 1919 TABLE OF CONTENTS History of the Constitutions ^¦^" Oedinancb of 1787 i Sections: 1. temporary government; 2. rules of inheritance, dower, wills, conveyances; 3. governor; 4. secretary-judges; 5. laws; 6. militia officers; 7. civil officers; 8. territorial subdi visions, counties, townships; 9. general assembly, eligibility of representatives; 10. representatives, term of office, vacan cies; 11. general assembly, legislative council, veto; 12. oath of office, delegates to congress; 13. purpose of ordinance; 14. articles of compact. Articles: I. religious liberty; II. civil rights; III. education, civil rights of Indians; IV. territory to remain a part of the United States, federal debts, taxation, navigable waters; V. formation of states from territory; VI. slavery. Act of Congress, May 7, 1800. ^ Sections: 1. Indiana territory created; 2. government of Indiana territory; 3. officers of Indiana territory; 4. general assembly of Indiana territory; 5. effect of this act with respect to northwest territory; 6. seats of government. Act of Congress, February 3, 1809 ^^ Sections: 1. Illinois territory created; 2. government of Illinois territory; 3. officers of Illinois territory; 4. general assembly of Illinois territory; 5. effect of this act with respect to In diana territory; 6. effect of this act as to legal proceedings already instituted; 7. effect of this act as to taxes already due; 8. seat of government. Act of Congress, April 18, 1818 ^^ Sections: 1. Illinois territory authorized to be formed into a state; 2. boundaries; 3. delegates to convention; 4. duties and powers of convention; 5. representation in congress; 6. propositions offered by the United States to be accepted or rejected by convention; 7. additions to Michigan territory. vi CONTENTS Ordinance of 1818 .' ^o Propositions offered by the United States accepted. Constitution of 1818 ^^ Preamble, boundaries 25 Article I. Distribution of powers 26 Sections: 1. distribution of powers; 2. independence of de partments of government. Article II. LiCgislative department 26 Sections: 1. general assembly; 2. elections; 3. eligibility of of representatives; 4. terms of senators, election; 5. num ber of senators and representatives; 6. eligibility of sena tors; 7. general rules, quorum; 8. journals; 9. protest; 10. rules of procedure, expulsion; 11. vacancies; 12. privi leges of members; 13. power to punish for contempt; 14. open sessions, adjournments; 15. origin of bills; 16. read ing and passage of bills; 17. style of laws; 18. salaries of governor and secretary of state; 19. disabilities of mem bers; 20. appropriations; 21. statement of expenses; 22. proceedings on Impeachment; 23. impeachment of civil officers; 24. time of meeting; 25. eligibility; 26. oath of office; 27. suffrage, qualifications of voters; 28. viva voce voting; 29. privileges of electors; 30. exclusion from suffrage; 31. census; 32. revenue bills. Article III. Executive department 31 Sections: 1. governor; 2. election; 3. term of office, eligi bility; 4. duties; 5. reprieves, pardons; 6. salary; 7. pow ers; 8. appointments to fill vacancies; 9. special sessions of general assembly; 10. commander-in-chief of army and navy; 11. sheriff and coroner, election; 12. power to pro rogue general assembly; 13. lieutenant governor, elec tion; 14. sn|p,ker of senate; 15. vacancy in office of lieu tenant g'^^nor; 16. salary of lieutenant governor; 17. absence of lieutenant governor; 18. powers of lieutenant governor; 19. council of revision, veto; 20. secretary of state; 21. state treasurer, public printer; 22. appoint ments. Article IV. Judical department 35 Sections: 1. supreme court, other courts; 2. supreme court, jurisdiction; 3. supreme court, number of judges; 4. judges appointed by general assembly, term of office; 5. removal of judges, salaries; 6. clerks appointed by judges; 7. process, prosecutions; 8. justices of the peace. CONTENTS vii Article V. Militia 37 Sections: 1. persons liable to duty; 2. exemptions from duty; 3. regimental officers; 4. generals; 5. commissions of officers; 6. privileged from arrest. Article VI. Slavery 38 Sections: 1. introduction of slavery hereafter forbidden; 2. introduction of slaves from other states; 3. contracts for service. Article VII. Amendments to constitution 39 Section: 1. constitutional convention. Article VIII. Bill of rights 39 Sections: 1. inherent and inalienable rights; 2. power In herent in people; 3. religious freedom; 4. religious tests forbidden; 5. elections to be free and equal; 6. right of trial by jury; 7. unreasonable searches and seizures; 8. due process of law, common lands; 9. rights of persons accused of crime; 10. indictable offenses; 11. jeopardy, eminent domain; 12. protection of the laws; 13. bail, writ of habeas corpus; 14. penalties; 15. imprisonment for debt; 16. ex post facto laws, corruption of blood, for feiture of estate; 17. banishment from state; 18. funda mental principles; 19. right of assembly and petition; 20. taxation by valuation; 21. banks; 22. freedom of speech; 23. prosecutions for libel. Schedule , 43 Sections: 1. saving clause; 2. penalties, forfeitures, official bonds; 3. eligibility of sheriff or collector to other office; 4. county commissioners; 5. territorial officers continued In office; 6. state seal; 7. oath of office; 8. apportionment for members of general assembly; 9. election of state offi cers; 10. auditor, attorney-general; 11. duels; 12. qualifi cations of voters at election in September, 1818; 13. seat of government; 14. eligibility to office of lieutenant gov ernor. Constitution of 1848 ^^ Preamble 51 Article I. Boundaries 51 Section: 1. boundaries. Article II. Distribution of powers 52 Sections: 1. distribution of powers; 2. independence of de partments of government. viii CONTENTS Article III. Legislative department 52 Sections: 1. general assembly; 2. elections; 3. eligibility of representatives; 4. eligibility of senators; 5. terms of sen ators, election; 6. number of senators and representa tives; 7. disabilities of members; 8. census; 9. senatorial and representative districts; 10. population of districts; 11. sessions of general assembly; 12. general rules, quorum; 13. journals; 14. protest; 15. rules of procedure, expulsion; 16. vacancies; 17. privileges of members; 18. power to punish for contempt; 19. open sessions, ad journments; 20. style of laws; 21. origin and passage of bills; 22. appropriations; 23. reading, title; 24. pay and mileage of members; 25. pay and mileage certified by speakers; 26. payment of money, statement of expenses; 27. proceedings on Impeachment; 28. officers liable to im peachment; 29. eligibility to general assembly; 30. oath of office; 31. disqualifications for office; 32. divorces; 33. extra compensation; 34. suits against state; 35. lotteries, state bank; 36. sale of lands; 37. ordinary expenses, casual deficits, appropriations limited; 38. credit of state not to be loaned; 39. fuel, stationery, and printing; 40. apportionment for members of general assembly; 41. canvass of votes. Article IV. Executive department 66 Sections: 1. governor; 2. election; 3. term of office; 4. eligi bility; 5. residence, salary; 6. oath of office; 7. duties; 8. reprieves, commutations, pardons; 9. powers; 10. special sessions of general assembly; 11. commander-in-chief of army and navy; 12. appointments; 13. power to prorogue general assembly; 14. lieutenant governor, election; 15. speaker of senate; 16. vacancy in office of lieutenant gov ernor; 17. salary of lieutenant governor; 18. absence of lieutenant governor; 19. death of governor and lieutenant governor; 20. powers of lieutenant governor; 21. veto; 22. secretary of state; 23. auditor of public accounts; 24. state treasurer; 25. grants and commissions; 26. officers liable to impeachment. Article V. Judiciary department 71 Sections: 1. courts established; 2. supreme court; 3. grand divisions; 4. term of office, chief justice; 5. jurisdiction; 6. terms of supreme court; 7. circuit courts, circuit judges; 8. terms of circuit court; 9. vacancies, supreme and circuit courts; 10. salaries of judges; 11. eligibility CONTENTS ix of judges; 12. removal of judges; 13. first election of judges; 14. election of supreme court judges; 15. election of circuit court judges; 16. county courts; 17. county judge; 18. jurisdiction of county court; 19. county busi ness, justices of the peace, clerk of county court, clerk of circuit court, recorder; 20. salary of county judge; 21. clerks of supreme and circuit courts, state's attorneys; 22. judicial officers Commissioned by governor; 23. elec tion of judicial officers, vacancies; 24. appeals; 25. re moval of county officers; 26. process, prosecutions; 27. justices of the peace; 28. state's attorneys; 29. clerk of circuit court, clerks of the supreme court; 30. counties comprising grand divisions; 31. term of supreme court in each grand division; 32. appeals and writs of error; 33. alteration of judicial districts. Article VI. Suffrage 78 Sections: 1. qualifications of voters; 2. ballot; 3. privileges of electors; 4. militia duty on days of election; 5. resi dence; 6. persons in military service of United States; 7. qualifications for office; 8. exclusion from suffrage; 9. date of general elections. Article VII. Counties 79 Sections: 1. new counties; 2. division of counties; 3. failure to organize territory stricken off; 4. attaching or detach ing territory; 5. removal of county seats; 6. township or ganization; 7. sheriff. Article VIII. Militia 80 Sections: 1. persons liable to duty; 2. exemption from duty; 3. regimental officers; 4. generals; 5. commissions of offi cers; 6. privileged from arrest. Article IX. Revenue 81 Sections: 1. capitation or poll tax; 2. taxation by valuation, uniformity; 3. exemptions; 4. sale of real property for taxes; 5. municipal taxation, uniformity; 6. taxation of other subjects or objects. Article X. Corporations 84 Sections: 1. organization of corporations; 2. dues from cor porations; 3. state bank; 4. banks, individual liability of stockholders; 5. laws authorizing banking corporations to be submitted to voters; 6. internal improvements. Article XI. Commons 85 Article XII. Amendments to constitution 85 Sections: 1. convention; 2. proposals by general assembly. 5 CONTENTS Article XIII. Bill of rights 86 Sections: 1. inherent and Inalienable rights; 2. power In herent in people; 3. religious freedom; 4. religious tests forbidden; 5. elections to be free and equal; 6. right of trial by jury; 7. unreasonable searches and seizures; 8. due process of law; 9. rights of persons accused of crime; 10. Indictments, grand jury; 11. jeopardy, eminent do main; 12. protection of the laws; 13. ball, writ of habeas corpus; 14. penalties; 15. imprisonment for debt; 16. slavery; 17. ex post facto laws, corruption of blood, for feiture of estate; 18. banishment from state; 19. funda mental principles; 20. military subordinate to civil power; 21. right of assembly and petition; 22. quartering of soldiers; 23. freedom of speech; 24. prosecutions for libel; 25. duels; 26. oath of office. Schedule 91 Sections: 1. saving clause; 2. fines, forfeitures; 3. official bonds; 4. article xi in force without submission to people; 5. judicial elections; 6. county commissioners' courts con tinued; 7. clerks of supreme court; 8. duties of sheriffs and state's attorneys; 9. oath of office; 10. submission of constitution; 11. persons entitled to vote for or against constitution; 12. poll books; 13. canvass of votes; 14. writs of election; 15. voting by ballot; 16. election of state officers; 17. election returns; 18. English language; 19. terms of office of judges, state's attorneys and clerks; 20. jurisdiction of supreme court; 21. county courts of Cook and Jo Daviess counties continued; 22. terms of supreme court; 23. apprenticeship of minors; 24. duty of general assembly; 25. contested judicial elections; 26. trial of contested judicial elections. Article XIV. Negroes 99 Article XV. Two mill tax 99 Constitution of 1870 i03 Preamble 103 Article I. Boundaries 103 Article II. Bill of rights 104 Sections: 1. inherent and inalienable rights; 2. due pro cess of law; 3. religious freedom; 4. freedom of speech, libel; 5. right of trial by jury; 6. unreasonable searches and seizures; 7. bail, writ of habeas corpus; 8. indict ment, grand jury; 9. rights of persons accused of crime; CONTENTS xi 10. self incrimination, jeopardy; 11. penalties, corruption of blood, forfeiture of estate; 12. imprisonment for debt; 13. eminent domain; 14. ex post facto laws, contracts, irrevocable grants; 15. military subordinate to civil power; 16. quartering of soldiers; 17. right of assembly and petition; 18. elections to be free and equal; 19. pro tection of the laws; 20. fundamental principles. Article III. Distribution of powers 108 Article IV. Legislative department 109 Sections: 1. general assembly; 2. elections, vacancies; 3. eligibility; 4. disqualifications; 5. oath of office; 6. sena torial apportionment; 7 and 8. minority representation; 9. time of meeting, general rules; 10. open sessions, adjourn ments, journals, protests; 11. style of laws; 12. origin and passage of bills; 13. reading, printing, title, amendments; 14. privileges of members; 15. disability of members; 16. appropriations; 17. payment of money, statement of ex penses; 18. ordinary expenses, casual deficits, appropria tions limited; 19. extra compensation or allowance; 20. public credit not to be loaned; 21. pay and mileage of members; 22. special legislation prohibited; 23. ho power to release obligations to state; 24. proceedings on Im peachment; 25. fuel, stationery, and printing; 26. state not to be sued; 27. lotteries and gift enterprises; 28. terms of office not to be extended; 29. protection of miners; 30. roads, public and private; 31. drainage; 32. homestead and exemption laws; 33. completion of the state house; 34. special legislation for Chicago permitted. Article V. Executive department 124 Sections: 1. executive department, officers; 2. state treas urer; 3. time of electing state officers; 4. returns, tie, con tested election; 5. eligibility; 6. governor, powers and duties; 7. his message and statement; 8. special sessions of general assembly; 9. power to prorogue general as sembly; 10. appointments; 11. vacancies; 12. power to remove officers; 13. reprieves, commutations, pardons; 14. commander-in-chief of army and navy; 15. Impeach ment of officers; 16. veto power; 17. lieutenant governor; 18. president of the senate; 19. vacancy in office of lieu tenant governor; 20. vacancy in other state offices; 21. report of the state officers; 22. great seal of Illinois; 23. fees and salaries; 24. "office" and "employment" defined; 25. oath of civil officers. — 2 H C xii CONTENTS Article VI. Judical department 132 Sections: 1. courts established; 2. supreme court, jurisdic tion; 3. qualifications of supreme judges; 4. terms of the supreme court; 5. grand divisions, districts; 6. election of supreme judges; 7. salaries of the supreme judges; 8. appeals and writs of error; 9. reporter; 10. clerks of the supreme court; 11. appellate courts authorized; *12. cir cuit courts, jurisdiction; 13. judicial circuits; 14. time of holding circuit courts; 15. increase in number of cir cuit judges; 16. salaries of the circuit judges; 17. quali fications of judges and county commissioners; 18. county judges, county clerks; 19. appeals from county courts; 20. probate courts authorized; 21. justices of the peace and constables; 22. state's attorneys; 23. Cook county courts of record; 24. powers of Cook county judges, chief justice; 25. salaries of Cook county judges and state's attorney; 26. criminal court of Cook county; 27. clerks of Cook county courts; 28. justices of the peace in Chicago; 29. uniformity of laws relating to courts; 30. removal of judges; 31. written reports to governor; 32. terms of office, vacancies; 33. process, prosecutions, population. Article VII. Suffrage 143 Sections: 1. qualifications of voters; 2. ballot; 3. privileges of electors; 4. residence; 5. persons in military service of United States; 6. qualifications for office; 7. exclusion from suffrage. Article VIII. Education 144 Sections: 1. free schools; 2. gifts or grants in aid of schools; 3. aid to sectarian schools prohibited; 4. sale of text books, teachers and officers not to be interested in; 5. county superintendent of schools. Article IX. Revenue 145 Sections: 1. taxation by valuation, uniformity; 2. taxation of other subjects or objects; 3. exemptions; 4. sale of real property for taxes; 5. right of redemption; 6. release from taxation forbidden; 7. taxes to be paid Into state treasury; 8. limitation on county taxes; 9. special assess ment and special taxation; 10. municipal taxation, uni formity; 11. defaulting officers; 12. limitation of municipal indebtedness; 13. World's Columbian Exposition. Article X. Counties 151 Sections: 1. new counties; 2. division of counties; 3. at taching or detaching territory; 4. removal of county seat; CONTENTS xiii 5. county government, township organization; 6. boards of county commissioners; 7. county affairs in Cook county; 8. county officers, terms of office; 9. salaries and fees in Cook county; 10. salaries fixed by county board; 11. fees of township officers; 12. fees of state, county, and township officers; 13. verified report of fees. Article XI. Corporations: 156 Sections: 1. organization of corporations; 2. existing chart ers; 3. election of directors or managers; 4. street rail roads; 5. state bank forbidden, laws authorizing banking corporations to be general and ineffective unless ratified by voters; 6. individual responsibility of stockholders; 7. specie payment; 8. provisions to be contained in a gen eral banking law; 9. railroads, transfer offices, reports; 10. personal property of railroads, rolling stock; 11. con solidations; 12. railroads deemed highways, rates fixed; 13. stocks, bonds, and dividends; 14. eminent domain; 15. discrimination and extortion In freight and passenger rates. Article XII. Militia 160 Sections: 1. persons liable to duty; 2. organization, equip ment, discipline; 3. officers; 4. privileged from arrest; 5. records, banners, relies; 6. exemption from duty. Article XIII. Warehouses 161 Sections: 1. public warehouses; 2. weekly statements; 3. examination of property stored; 4. delivery of full weights; 5. delivery of grain by railroads; 6. warehouse receipts; 7. grain inspection. Article XIV. Amendments to constitution 163 Sections: 1. convention; 2. proposals by general assembly. Sections separately submitted 164 Schedule 167 Sections: 1. saving clause; 2. fines, taxes, forfeitures; 3. official bonds, crimes; 4. county courts continued; 5. courts continued; 6. officials continued in office^ 7. elec tions for supreme and circuit court judges; 8. submission of constitution; 9. poll books, tally sheets; 10. ballots; 11. election returns; 12. constitution in force, when; 13. ap portionment for representatives; 14. numbering of dis tricts; 15. terms of senators; 16. legislative apportion ment; 17. election of constitutional officers; 18. English language; 19. duty of general assembly; 20. circuit clerks, recorders; 21. salaries of judges of Cook county courts; 22. circuit court of Lake county; 23. two mill tax abol- xiv CONTENTS ished; 24. aid to railroads by city of Quincy; 25. effect or adoption of constitution; 26. certain provisions of consti tution in immediate effect. Table of Cases ^'^^ Index to Constitution of 1870 221 HISTORY OF THE CONSTITUTIONS Special Introduction THE CONSTITUTIONS OF ILLINOIS When in 4©^ the state of Virginia ceded to the United States title in th.e County of Illinois, claimed by right of colonial charter as well as by conquest and possession, she turned over to the young nation no inchoate wilderness but a region which had been known for nearly a hundred years and which had, for almost as long, had a deflnite government as a part flrst of the French and then of the British empire. After her brief period of sovereignty, then, Virginia found it necessary, in ceding her claims to the federal government,^ to specify the condition "that the French and Canadian inhabitants^ and other settlers of the Kaskaskies, Saint Vincents, and the neighboring villages, who have professed themselves citizens of Vir ginia, shall have their possessions and titles confirmed to them, and be protected in the enjoyment of their rights and liberties."^ Thus was the past given its claim on the government of the region which was one day to become the state of Illinois. It was some little time before the United States under took the formal organization of the country of the Illinois and the rest of the territory which constituted the national domain. Finally, on July 13, 1787, only shortly before the substitution of the United States constitution for the Articles of Confederation and Perpetual Union, congress passed an ordinance "for the government of the territory ^For a full discussion of Virginia's claim and cession, see Burke A. Hinsdale, The Old Northwest (New York, 1888), ch. 11, 12, 13. ''Francis N. Thorpe (ed.), The Federal and State Constitutions, Colonial Charters, and other Organic Laws of the States, Territories, and Colonies now or heretofore forming the United States of America, 7 V. (Washington, 1909), 2:956. xvii xviii ILLINOIS HISTORICAL COLLECTIONS of the United States northwest of the river Ohio."' This act, upon which was based the whole system of American territorial organization, placed the government of the territory for the time being in the hands of a governor, a secretary, and three judges, all to be appointed by congress. All civil officers and all militia officers below the rank of general officers were to be appointed by the governor. The governor and judges acting together in legislative capacity were empowered to adopt such laws from the codes of the original states as they considered useful for the territory. As soon as there were as many as "five thousand free male inhabitants, of full age, in the district," however, this arrangement was to give way to one allowing the people of the territory to participate in the government; the gov ernor was to be assisted by a legislature made up of repre sentatives elected by the freeholders and a council of five members selected by congress from ten nominated by the territorial house of representatives. This legislature was empowered to make laws not repugnant to the ordinance, subject to the governor's absolute veto; and to elect, by joint ballot, a delegate to congress, with power to speak but not to vote. One provision of the ordinance proved a serious bone of contention in the Illinois country: the famous "sixth ar ticle" decreeing that "there shall be neither slavery nor involuntary servitude in the said territory, otherwise than in punishment of crimes, whereof the party shall have been duly convicted." This was in direct conflict with the confirmation in their "possessions and titles" guaranteed by the Virginia Act of Cession to the inhabitants of the Illinois country, for man.y of them owned Negro slaves; accordingly the clause in the ordinance was interpreted to apply only to the future introduction of slaves. The government provided for by the ordinance was set in operation in 1788, with its seat at Marietta. T'wo years "Post, p. 1. THE CONSTITUTIONS OF ILLINOIS xix later the Illinois country was given local organization : the eastern half of the present state was included as part of "Knox county," with its seat at Vincennes; the rest was formed into St. Clair county. Later, in 1795, this county was divided and the southern part was organized as Eandolph county. By 1798 the "Northwest Territory" had the 5,000 free male inhabitants necessary to meet the requirement of the ordinance, and accordingly passed into the second grade of government, with a partially representative legislature and a delegate to congress. Almost immediately agitation began for a division of the enormous region comprising the territory, with the result that on May 7, 1800, congress detached the western part (approximately the modern states of Indiana, Illinois, Wisconsin, and the western half of Michigan) and constituted it Indiana territory, with its capital at Vincennes, and its government prac tically a replica of that formulated by the Ordinance of 1787.* By this time, naturally, there had developed much more political activity among the settlers than had been the case in the early days. Scarcely had Indiana territory started on its separate career than a faction of Illinois men, hos tile to the governor and in favor of the repeal of the slavery prohibition, began to urge advance to the second grade in order to reduce the power of the governor and to secure a delegate to congress to press the issue of slavery.^ Al though Governor Harrison and his supporters exerted themselves promptly and effectually to suppress this move ment, they, too, desired the removal of the slavery prohi bition and presently resolved to take their chance with a legislature of wider powers such as could only be estab lished with the transition to second grade. Though the other faction reversed its position and opposed the change, ^Post, p. 9. "For a full discussion of this movement see Solon J. Buck, Illinois in 1818 (2nd. ed., Chicago, 1918), 184 ff. XX ILLINOIS HISTORICAL COLLECTIONS the returns of the election on September 11, 1804 — ^held on very short notice and therefore alleged to be a snap vote — gave a very substantial majority in favor of the change. The new legislature fulfilled the hopes of the governor's faction by passing in 1803 an indenture act which coasted dangerously near, if it did not quite transgress, the irk some "sixth article." But the Illinois faction still was not content; its members wanted nothing less than definite repeal of the article, and they wanted to get more political control into their own hands. Accordingly they began a persistent campaign for the separation of the Illinois country and for the repeal or temporary suspense of the slavery prohibition, which they protested was seriously hampering the process of settlement. At length they suc ceeded in electing a delegate to congress who was able to secure the passage of an act — on February 9, 1809 — con stituting Illinois a separate territory, with its western boundary the Mississippi river, its eastern "the Wabash river, and a direct line drawn from the said Wabash river and Post Vincennes due north, to the territorial line between the United States and Canada."" According to the usual practice, the Ordinance of 1787 was followed closely in prescribing the government of the new territory : authority was vested in a governor and three judges until such time as the governor was convinced a majority of the freeholders desired to advance to second grade, when he was empowered to make the change without further ado. In April, 1812, an election indicated that Illinois was ready to take this step; but Governor Edwards wisely delayed effecting the change until lie had secured the passage of a law by congress extending the suffrage from freeholders to all free white males of twenty-one years who paid any county or territorial tax and who had had a year's residence in the territory,' and providing that 'Post, p. 12. ' This gave the right to vote to a large number of "squatters" who had settled on lands not yet surveyed for sale. THE CONSTITUTIONS OF ILLINOIS xxi the five councilors should be elected instead of appointed and that the delegate to congress also should be elected by the people, instead of by the legislature. Thanks to these radical changes, when on September 14, 1812, Gov ernor Edwards called for the first election to set in oper ation the second-grade territorial government, Illinois could boast of having the most democratic form of gov ernment of any territory in the United States at the time. Nevertheless, there was still a feeling of resentment against the governor's absolute veto over the acts of the legislature as well as against his appointive power and other checks on the popular will. Repeated appeals to congress for redress bringing no results, it appeared that advance to statehood was the only way out of the "despo tism" of territorial government, and leaders watched hope fully the mounting numbers of immigrants. In November, 1817, deflnite agitation for Illinois' immediate admission to statehood was set on foot ; and so expeditiously was the matter pressed that on January 23, 1818, the Illinois delegate laid before congress a memorial from the legis lature of the territory asking that it be authorized to take the necessary steps preparatory to statehood; at the same time he introduced an enabling bill.^ Congress did not take up the matter until April 4; in less than two weeks, however, the two houses reached an agreement on the flnal provisions, and the president signed the act on April 18, 1818. Following out these provisions, the voters of the territory elected delegates to a constitutional convention; and on August 3, 1818, there assembled at Kaskaskia the body which was to draw up the flrst organic law of the state of Illinois. Basing its work largely on the constitutions of New York, Kentucky, and Ohio, the drafting committee of the convention framed a brief instrument consisting of a preamble and eight articles, and after spending only » Buck, Illinois in 1818, p. 208 ff. xxii ILLINOIS HISTORICAL COLLECTIONS twelve days discussing and modifying it the convention adopted it and adjourned on August 26. The convention's work was not submitted to the voters for ratiflcation but became operative with congress' admis sion of Illinois to statehood on December 3, 1818. The government it formulated observed the traditional Ameri can principle of dist;ribution of power among three depart ments, legislative, executive, and judicial. The legislature was to be a bicameral assembly and to hold biennial ses sions; the executive power was vested in a governor. The judiciary was to consist of a supreme court and such lower courts as the legislature might establish; all judges and justices were to be appointed by joint ballot of the legis lature; Instead of giving the governor a veto power as a check on the legislature, the constitution provided for a council of revision, which was to consist of "the judges of the supreme court or a major part of them together with the governor" having power to revise all bills and return those of which it disapproved, together with its objections, to the house where they originated. A wide suffrage was provided, all male inhabitants above twenty- one years of age whether citizens or aliens, being qualifled to vote after six months' residence in the state. The framing of the article dealing with slavery produced more discussion that any other, for the convention was between tv/o fires : on one hand was the necessity of avoid ing conflict with the Ordinance of 1787 prohibiting slavery and involuntary servitude; on the other, disinclination to interfere with the property rights of those who owned slaves or who held indentured servants tinder the "evasive" territorial law of 1803. The clause as finally adopted was designed to eliminate all forms of slavery and indenture gradually and so passed congress; but once Illinois had come into full statehood the proslavery elements began to nourish the hope of opening the door wide to slavery by a constitutional amendment. The Constitution of 1818 made such a procedure none THE CONSTITUTIONS OF ILLINOIS xxiii too easy. The vote of two-thirds of all the members elected to the general assembly was necessary to recommend to the voters the calling of a convention, and a majority of the electors must then vote in favor of the step before the legis lature could proceed to order an election of delegates ; if a convention was called, its work had to be ratified by popu lar vote before going into effect. After a bitter struggle between the slavery and antislavery factions, the general assembly in 1824 voted to give the voters a chance to ex press themselves on the subject of a convention, but popular sentiment failed to follow this lead; and on August 24, 1824, the people voted to leave the constitution untouched. During the next twenty years, however, the state ex panded so rapidly in population and in interests that the first simple constitution was hopelessly outgrown, and the need of a revision became too obvious to be ignored. After an abortive effort in 1842 to have a convention called, the assembly laid the matter before the voters in 1846, and this time public opinion was overwhelmingly in favor of the move. The convention met in June, 1847, and spent nearly three months devising a new instrument; the fol lowing March its work was ratified by a large majority of the voters; ajQd on April 1, 1848, it became operative.' Broadly speaking, the trend of the changes made was in the direction of curtailing the powers of the legislature and enlarging those of the people. All state and county officers were now made elective, as were also the judges of the supreme court, who no longer served for life, but only for a stated term ; further, the number of judges was fixed at three, this as a protest against the legislature's abuses of its appointive power for partisan purposes." "Post, p. 51, n. 1; also John Moses, Illinois, Historical and Statistical, 2 V. (Chicago, 1892), 2:553 ff. "In 1841,' when the democrats were in control of the legislature, three of the four justices of the supreme court were whigs; the general assembly therefore made use of its power to increase the number of justices by appointing five new judges, all democrats. xxiv ILLINOIS HISTORICAL COLLECTIONS The number of representatives and state officers was re duced, and the sessions of the assembly were practically limited to forty-two days by a provision for cutting the pay of the members in half after that length of time. Unrestrained by the constitution framed in the pioneer days of 1818 the legislatures of the twenties and thirties had brought the state to the verge of bankruptcy by creat ing and giving credit to a succession of unsound state banks and by embarking recklessly on a scheme of internal improvements. On a grandiose scale the state had under taken to equip the state with railroads and to give it a water connection from the Great Lakes to the Gulf of Mexico. The Illinois-Michigan canal finally surmounted a long series of tribulations and achieved some measure of the success of which its creators had dreamed; but the railroad scheme proved a disastrous fiasco. The state debt was piled so high it seemed it never could be paid off, and state credit was very seriously impaired. So hope less did the situation seem that there were suggestions of repudiating the whole debt, but such a course was for the time being averted in 1842 under the leadership of Gov ernor Ford. Naturally, public opinion desired particularly that the convention of 1848 should make such disasters impossible in the future, and its expectations were fully met. The legislature henceforth could not contract debts for the state in excess of |50,000, unless the voters ratified a specific law to that effect; and it was forbidden to grant the state's credit in aid of any corporation or association. It was also forbidden to extend the charter of any state bank or other bank then existing, and any law passed by it in regard to the incorporation of banks had to be ratified by the voters before it could become effective. Not even in the matter of official salaries was the con vention willing to trust the general assembly; instead it fixed the salaries of all state officers and judges in the constitution. To make it a matter of fundamental law THE CONSTITUTIONS OF ILLINOIS xxv that the governor should receive an annual salary of |1,500, the supreme court judges |1,200, the state auditor |1,000, and the secretary of state and state treasurer each .|800, was obviously absurd; even in those days of small things such sums were parsimonious, and in any case, no matter how great the need for economy, it was hazardous to make so inflexible the compensation of the officers of a rapidly growing commonwealth. ¦ In contradiction to the democratic nature of most of the changes made the new constitution restricted the existing franchise, requiring citizenship and a year's residence in stead of merely the six months' residence stipulated in the old constitution. This of course meant the disfranchise^ ment of alien inhabitants and met with great opposition on the part of the foreign elements in the state, particu larly the Germans." The desire for effective government prevailed over the old-time fear of a strong executive in so far as to do away with the cumbersome council of revision and to substitute in its stead a limited veto power for the governor. Amend ment to the constitution, further, was made somewhat easier; under certain restrictions the general assembly might propose changes directly instead of calling a con vention for the purpose, but such changes could not become effective until approved by the voters. One of the most significant changes was in the system of local government. The early settlers of the state had come from the south where the county was the unit of local government and where there was no township organ ization. The new settlers from the northern states, how ever, were accustomed to some form of township govern ment, and it was at their instigation that a provision was inserted in the new constitution directing the general assembly to enact a general law authorizing any county whose voters favored it to adopt the township system. '¦^Centennial History of Illinois, 2:408. xxvi ILLINOIS HISTORICAL COLLECTIONS Like its predecessor, the Constitution of 1848 made the mistake of failing to look far enough into the future. Its framers had neither the imagination to foresee the results of the tremendous changes in the state which were even then beginning nor the wisdom to make a flexible instru ment capable of adapting itself to any new situation. By 1860 the population of the state was more than double what it had been when the constitution was framed, and industrially and socially it had made amazing progress. Two points in particular drew persistent fire, the fixed salaries of state officers and the loopholes still left open for the passing of private and special laws. In spite of a provision in the second constitution that a private or local law should deal with but one subject which "shall be ex pressed in the title" and in spite of a stipulation that only general laws could be passed with reference to divorces, township organization, and the formation of corporations, the number of special laws mounted steadily; and in each session of the general assembly a large share of the time was given over to the consideration of private bills, often of the most trivial character, which came so thick and fast that proper consideration of them was impossible. As the length of the sessions was limited, the pressure of business of this sort seriously hampered the consideration of public measures, and many bills were delayed, ill-considered, or never considered at all. Such obvious evils, it might be supposed, would have required but little agitation to remedy; but during the fifties people's attention was being concentrated more and more upon the slavery issue and the course of political events in the nation at large, and interest in state affairs flagged. In 1856 the general assembly submitted a pro posal to call a constitutional convention, but the voters rejected it; and not until four years later was a new pro posal made. This time the people ratified it, and accord ingly in the latter part of 1861, seventy -five delegates were elected for a convention. THE CONSTITUTIONS OF ILLINOIS xxvii The group which assembled at Springfield on January 7, 1862, for the purpose of revising the constitution, how ever, placed a most peculiar construction on its powers. Chosen on party lines in the first heated weeks of the war of secession, a clear majority of the members were democrats, and they could not resist interpreting their election as an expression of the people's disapproval of the republicans and the republican methods in the conduct of the war. They were accordingly not content to stop with modifying the constitution along partisan lines — in par ticular arranging an apportionment whereby the smaller southern counties, democratic, were given equal represen tation with the larger republican counties in the north — but, assuming legislative powers, undertook to ratify a proposed amendment to the federal constitution, to redis- trict the state for congressional representatives, to issue bonds, and to promulgate ordinances and resolutions in structing state officials; furthermore it even undertook to investigate and criticise Governor Yates' administration, particularly with respect to military affairs. This last move, together with its delay in acting upon resolutions commemorating northern victories, brought upon the con vention the charge of disloyalty ; and all factors combined seriously to discredit the body in the eyes of a large part of the voters. Accordingly, although the constitution it framed in its three months' session had much real merit, the instrument was rejected by an overwhelming majority of the voters.^^ The conditions which in the first place had led to the calling of tlie convention, however, became more and more intolerable. The special legislation evil in particular grew to alarming proportions, and with the rapid industrial development which came immediately after the war the objectionable feature of fixed salaries became more and '^Centennial History of Illinois, 3:268 ff.; Moses, Illinois, Historical and Statistical, 2:655 fl. — 3 H C xxviii ILLINOIS HISTORICAL COLLECTIONS more absurd. Further, the need of reorganizing the judi ciary had become acute, for the growth of the population and business had necessarily led to a marked increase in the amount of litigation to be disposed of by the courts. The general assembly, had it chosen to exercise its con stitutional power to establish additional circuit courts and to create prosecuting attorneys in each county, might have ij-elieved the situation considerably; but it could not constitutionally add to the number of supreme court judges, and it was the supreme court that especially needed relief. As soon, then, as the cessation of war released people's attention from the national events which had been absorb ing it, a fresh attempt at constitutional revision was made. In 1867 the legislature adopted a resolution in favor of calling a convention ; it was promptly ratified by the voters and in November, 1869, eighty-five delegates were chosen to frame a new body of fundamental law. The convention assembled on December 13, 1869, and continued in session until May 13, 1870. In July its work was ratified by the voters and on August 8 went into force. Of the three constitutions under which the state has operated that of 1870 has had the longest life, having, with few modifica tions, continued as the organic law of the state up to the present year, 1918." A more complex document in many ways, it improved decidedly upon the Constitution of 1848. The fixing of state salaries was made a matter of legislation, subject only to the limitation that the salary of no person in office should be affected during his term of service. The power of the general assembly to pass special laws was radically curbed, twenty- three specific subjects being removed from the field of possibility. The judicial system was reorganized by increasing both " For an analysis of the operation of the state government under thia constitution, see Centennial History of Illinois, 5:190 ff. THE CONSTITUTIONS OF ILLINOIS xxix the number of judges and the courts. The number of judges of the supreme court was increased to seven; appellate courts were authorized after the year 1874; the number of circuit courts and circuit court judges was in creased; county courts for each county were established; probate courts were authorized in certain counties; stater's attorneys for each county instead of each judicial circuit were provided for; provision was made for tiie election of justices of the peace and police magistrates. Additional courts, furthermore, were provided for Cook county, where the rapidly growing city of Chicago was raising a host of special problems. The powers of the executive were extended in several ways, chiefly by the enlarging of the governor's veto power. Whereas before a mere majority of the members of the general assembly could pass a bill over the chief executive's veto, the new constitution required that two- thirds of all the members elected to each house should deflnitely record their votes in favor of such a vetoed bill before it could be effective. In an effort to break down the sectionalism which char acterized Illinois politics, the convention introduced the innovation of "minority representation." The southern counties, of southern sympathies and extraction, had long been solidly democratic; the northern and eastern counties of New England and New York extraction, were almost as solidly republican. To change this block alignment, the state was divided into flfty-one districts, each of which was entitled to elect one senator and three representatives ; in the case of the election of the latter each voter was given three votes, which he might cumulate for a single candi date or distribute among two or three candidates. In this way the electors of a minority party, casting more than one-fourth of the votes in a senatorial district, could by cumulating their votes m£ike certain of electing one mem ber to the lower house. The franchise, after a hot debate in the convention, was xxx ILLINOIS HISTORICAL COLLECTIONS given to citizens of the United States above the age of twenty-one years, to all electors in the state in 1848, and to all foreigners who had obtained a certiflcate of natur alization prior to January 1, 1870; all, however, must fulflll a moderate residence requirement, one year in the state, ninety days in the county, and thirty days in the election district in which they cast their ballots. Two provisions reflected clearly the bitter experience of the state with the railroads. At the time, many counties and cities were facing financial disaster as the result of having purchased thousands of dollars worth of the capital stock of railroad corporations which had subsequently failed or had been sold out by the speculators who flrst organized them. The convention, therefore, deemed it wise to forbid all counties, cities, and other municipalities to become subscribers "to the capital stock of any railroad or private corporation" or to become indebted in excess of flve per cent of the value of the taxable property within their territorial limits. The other provision was more startling in principle and dealt a more direct blow at the growing strength of cor porate privilege in the state. Serious complaint had been made of the extortionate rates charged by the railroads, but the convention for some time hesitated to deal with the matter, doubting its competency to authorize legislative control and convinced that the only regulation possible was by competition. Eventually, however, it came around to another point of view and vested in the legislature the power of regulating railroad rates. Like the Constitution of 1848, that of 1870 made possible its own amendment by a convention assembled at the man date of the voters or by amendments proposed by the gen eral assembly and ratified by the voters. A very serious limitation was put upon the latter method, however, by the provision that no more than one article could be amended at one time nor any article oftener than once in four years. The constitution thus made the same mistake THE CONSTITUTIONS OF ILLINOIS xxxi both its predecessors had made of applying a well-nigh inflexible body of law, supposedly organic but in fact largely statutory, to a developing commonwealth whose needs were constantly changing. Inevitably, the new con stitution had hardly gone into effect before the cry for modifying it began to be heard. For two decades the general assembly was able by pro posing separate amendments from time to time to satisfy the most insistent demands. In 1878 its proposal to give the drainage districts power to levy special assessments was made part of the constitution ; in 1880 the voters rati- fled an amendment with reference to the election and terms of office of county officials; and in 1884 a much needed revision gave the governor power to veto itiems in appro priation bills, instead of having to veto such bills in their entirety because of some single objectionable item. A fourth amendment, adopted in 1886, was designed to pre^ vent the commissioners of the penitentiaries and reforma tories from making contracts for the labor of the inmates of such institutions. Four years later, the article forbidding municipalities to contract debts in excess of five per cent of their taxable property was found to work a hardship on Chicago, which greatly desired to issue bonds in aid of the World's Columbian Exposition but could not because its debt limit had already been reached. A constitutional amend ment, therefore, relieved the situation by authorizing the -city to issue bonds up to flve million dollars in excess of its ordinary debt. This series of amendments remedied only the most im mediate and obvious deflciencies of the constitution, leav ing many more fundamental problems untouched, so that by 1893, there was a feeling in many quarters that the constitution was a stumblingblock in the way of almost all reform. The need of a thorough revision of the revenue system and the judiciary seemed especially imperative; the framers of the constitution, furthermore, had never xxxii ILLINOIS HISTORICAL COLLECTIONS dreamed of the complexity of governing a city as large as Chicago had grown to be, and its provisions were con stantly proving more and more inadequate for that munici pality. Nevertheless, persistent agitation for a constitu tional convention, carried on for a decade, proved fruitless : downstate jealousy of Chicago, the opposition of the in terests which were proflting from the status quo, and the natural conservatism of the mass of the people continued to foil repeated attempts to get a resolution calling a constitutional convention passed by tie general assembly. By 1902 such efforts seem to have been practically given up as hopeless, and energy was directed rather to securing the passage of single amendments. Thus in 1903 the gen eral assembly proposed and on November 8, 1904, the voters ratifled an amendment permitting the legislature to pass local or special laws with reference to the "local municipal government ... of Chicago," and modi fying the constitutional provisions relating to the judici ary of Cook county so that justices of the peace of the county should be limited in their jurisdiction to the terri tory not embraced in the city of Chicago. A seventh amendment was, proposed in 1907 and ratifled November 3, 1908, which made an exception to the consti tution's provision that the legislature might never "loan the credit of the state or make appropriations from the treasury thereof, in aid of railroads or canals," by author izing the construction by the state of a canal from Lock- port to Utica. Experience has shown, however, that the passage even of single amendments under the Constitution of 1870 has been anything but easy. The technical obstacles in the way of securing a favorable vote, as has been pointed out, are considerable; and a further difficulty has arisen from the conflict between a number of groups each advocating a particular amendment as the amendment to be passed upon. Many amendments have failed to receive the two- thirds vote of the general assembly ; and a number which THE CONSTITUTIONS OF ILLINOIS xxxiii have been proposed by that body have failed of ratification not because of marked opposition to it, indicated by a majority of votes being against it, but because either the method of balloting or the indifference of the voters made it fail to receive the required "majority of all the votes cast at the election." Since 1908, however, the most serious difficulty has been the multiplicity of demands for amend ment: one organization has urged abolition of minority representation, another reorganization of the judiciary, another, short ballot, still others initiative and referen dum, recall, woman suffrage, home rule for cities, revision of revenue, or easier amendment to the constitution, until the general assembly is overwhelmed and cannot be brought to take definitive action on any one proposal. All these difficulties in the way of piecemeal change met with increasingly serious protest, until the leaders of the state were persuaded that a constitutional convention had became "inevitable and indispensable if constitutional revision adequate to the needs of the state" was to be made.^* ^* Centennial History of Illinois, 5:203. LAWS AND CONSTITUTIONS ORDINANCE OF 1787' An Ordinance eoe the Government oe the Teeeitoet oe the United States Northwest oe the Eivee Ohio^ Section 1. Be it ordained by the United States in Congress assembled. That the said territory for the purpose of temporary government, be one district, subject, however, to be divided into two districts, as future circumstances may, in the opinion of Congress, make it expedient. Sec. 2. Be it ordained by the authority aforesaid. That the estates both of resident and non-resident proprietors in the said territory, dying intestate, shall descend to, and be distributed among, their children and the descendants of a deceased child ia equal parts, the descendants of a deceased child or grand-child to take the share of their deceased parent in equal parts among them ; and where there shall be no children or descendants, then in equal parts to the next of kin, in equal degree; and among collaterals, the children of a deceased brother or sister of the intestate shall have, in equal parts among them, their deceased parent's share; and there shall, in no case, be a distinction between kindred of the whole and half blood; saving in all cases to the widow of the intestate, her third part of the real estate for life, and one-third part of the personal estate; and this law relative to descent and dower, shall remain in full force until altered by the legislature of the district. And until the governor and judges shall adopt laws as hereinafter mentioned, estates in the said territory may be devised or bequeathed by wills in writing, signed and sealed' by him or her in whom the estate may be, (being of full age,) and attested by three witnesses; and real estates may be conveyed by '^ Revised Statutes of the United States, 13 (2nd. ed.). ' Passed by congress, sitting under the Articles of Confederation and Perpetual Union, on July 13, 1787. 1 2 ILLINOIS HISTORICAL COLLECTIONS lease and release, or bargain and sale, signed, sealed, and delivered by the person, being of full age, in whom the estate may be, and attested by two witnesses, provided such wills be duly proved, and such conveyances be acknowledged, or the execution thereof duly proved, and be recorded within one year after proper magistrates, courts, and registers, shall be appointed for that purpose; and per sonal property may be transferred by delivery, saving, however, to the French and Canadian inhabitants, and other settlers of the Kaskaskies, St. Vincents, and the neighboring villages, who have heretofore professed themselves citizens of Virginia, their laws and customs now in force among them, relative to the descent and conveyance of property. Sec. 3. Be it ordained by the authority aforesaid. That there shall be appointed, from time to time, by Congress, a governor, whose commission shall continue in force for the term of three years, unless sooner revoked by Congress; he shall reside in the district, and have a freehold estate therein, in one thousand acres of land, while in the exercise of his office. Sec. 4. There shall be appointed from time to time, by Con gress, a secretary, whose commission shall continue in force for four years, unless sooner revoked; he shall reside in the district, and have a freehold estate therein, in five hundred acres of land, while in the exercise of his office. It shall be his duty to keep and pre serve the acts and laws passed by the legislature, and the public records of the district, and the proceedings of the governor in his executive department, and transmit authentic copies of such acts and proceedings every six months, to the Secretary of Congress. There shall also be appointed a court, to consist of three judges, any two of whom to form a court, who shall have a common-law jurisdiction, and reside in the district, and have each therein a freehold estate, in five hundred acres of land, while in the exercise of their offices; and their commissions shall continue in force during good behavior. Sec. 5. The governor and judges, or a majority of them, shall adopt and publish in the district,' such laws of the original States, 'In the text from which this copy is taken the word "district" appears "dlstric." ORDINANCE OF 1787 3 criminal and civil, as may be necessary, and best suited to the cir cumstances of the district, and report them to Congress from time to time, which laws shall be in force in the district until the organ ization of the general assembly therein, unless disapproved of by Congress; but afterwards the legislature shall have authority to alter them as they shall think fit. Sec. 6. The governor, for the time being, shall be commander- in-chief of the militia, appoint and commission all officers in the same below the rank of general officers ; all general officers shall be appointed and commissioned by Congress. Sec. 7. Previous to the organization of the general assembly the governor shall appoint such magistrates, and other civil officers, in each county or township, as he shall find necessary for the pre servation of the peace and good order in the same. After the general assembly shall be organized the powers and duties of magis trates and other civil officers shall be regulated and defined by the said assembly; but all magistrates and other civil officers, not herein otherwise directed, shall, during the continuance of this temporary government, be appointed by the governor. Sec. 8. For the prevention of crimes and injuries the laws to be adopted or made shall have force in all parts of the district, and for the execution of process, criminal and civil, the governor shall make proper divisions thereof; and he shall proceed from time to time, as circumstances may require, to lay out the parts of the district in which the Indian titles shall have been extinguished, into counties and townships, subject, however, to such alterations as may thereafter be made by the legislature. Sec. 9. So soon as there shall be five thousand free male in habitants, of full age in the district, upon giving proof thereof to the governor, they shall receive authority, with the time and place, to elect representatives from their counties or townships, to repre sent them in the general assembly : Provided, That for every five hundred free male inhabitants there shall be one representative, and so on, progressively, with the number of free male inhabitants, shall the right of representation increase, until the number of repre sentatives shall amount to twenty-five ; after which the number and proportion of representatives shall be regulated by the legislature: 4 ILLINOIS HISTORICAL COLLECTIONS Provided, That no person be eligible or qualified to act as a repre sentative, unless he shall have been a citizen of one of the United States three years, and be a resident in the district, or unless he shall have resided in the district three years; and, in either case, shall likewise hold in his own right, in fee-simple, two hundred acres of land within the same : Provided also. That a freehold in fifty acres of land in the district, having been a citizen of one of the States, and being a resident in the district, or the like freehold and two years' residence in the district, shall be necessary to qualify a man as an elector of a representative. Sec. 10. The representatives thus elected shall serve for the term of two years ; and in case of the death of a representative, or removal from office, the governor shall issue a writ to the county or township, for which he was a member, to elect another in his stead, to serve for the residue of the term. Sec. 11. The general assembly, or legislature, shall consist of the governor, legislative council, and a house of representatives. The legislative council shall consist of five members, to continue in office five years, unless sooner removed by Congress; any three of whom to be a quorum ; and the members of the council shall be nominated and appointed in the following manner, to wit: As soon as representatives shall be elected the governor shall appoint a time and place for them to meet together, and when met they shall nominate ten persons, resident in the district, and each possessed of a freehold in five hundred acres of land, and return their names to Congress, five of whom Congress shall appoint and commission to serve as aforesaid; and whenever a vacancy shall happen in the council, by death or removal from office, the house of representatives shall nominate two persons, qualified as afore said, for each vacancy, and return their names to Congress, one of whom Congress shall appoint and commission for the residue of the term ; and every five years, four months at least before the expira tion of the time of service of the members of the council, the said house shall nominate ten persons, qualified as aforesaid, and return their names to Congress, five of whom Congress shall appoint and commission to serve as members of the council five years, unless sooner removed. And the governor, legislative council, and ORDINANCE OF 1787 5 house of representatives shall have authority to make laws in all cases for the good government of the district, not repugnant to the principles and articles in this ordinance established and declared. And all biUs, having passed by a majority m the house, and by a majority in the council, shall be referred to the governor for his assent; but no bill, or legislative act whatever, shall be of any force without his assent. The governor shall have power to convene, j)rorogue, and dissolve the general assembly when, in his opinion, it shall be expedient. Sec. 13. The governor, judges, legislative council, secretary, and such other officers as Congress shall appoint in the district, shall take an oath or affirmation of fidelity, and of office; the gov ernor before the President of Congress, and all other officers before the governor. As soon as the legislature shall be formed in the district, the coimcil and house assembled, in one room, shall have authority, by joint ballot, to elect a delegate to Congress, who shall have a seat in Congress, with a right of debating, but not of voting, during this temporary government. Sec. 13. And for extending the fundamental principles of civil and religious liberty, which form the basis whereon these republics, their laws and constitutions, are erected; to fix and establish those l)rinciples as the basis of all laws, constitutions, and governments, which forever hereafter shall be formed in the said territory; to provide also for the establishment of States, and permanent gov ernment therein, and for their admission to a share in the Federal councils on an equal footing with the original States, at as early periods as may be consistent with the general interest : Sec 14. It is hereby ordained and declared, by the authority ¦aforesaid, that the following articles shall be considered as articles of compact, between the original States and the people and States in the said territory, and forever remain unalterable, unless by common consent, to wit : AETICLB I No person, demeaning himself in a peaceable and orderly man ner, shall ever be molested on account of his mode of worship, or religious sentiments, in the said territories. 6 ILLINOIS HISTORICAL COLLECTIONS AETICLB II The inhabitants of the said territory shall always be entitled to the benefits of the writs of habeas corpus, and of the trial by jury ; of a proportionate* representation of the people in the legis lature, and of judicial proceedings according to the course of the common law. All persons shall be bailable, unless for capital oflEences, where the proof shall be evident, or the presumption great. All fines shall be moderate; and no cruel or unusual punishments- shall be inflicted. No man shall be deprived of his liberty or prop erty, but by the judgment of his peers, or the law of the land, and should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his par ticular services, full compensation shall be made for the same. And, in the just preservation of rights and property, it is under stood and declared, that no law ought ever to be made or have force in the said territory, that shall, in any manner whatever, interfere with or affect private contracts or engagements bona fide and with out fraud previously formed. ARTICLE III Eeligion, morality, and knowledge being necessary to good gov ernment and the happiness of mankind, schools and the means of education shall forever be encouraged. The utmost good faith shall always be observed towards the Indians; their lands and prop erty shall never be taken from them without their consent ; and in their property, rights, and liberty they never shall be invaded or disturbed, unless in just and lawful wars authorized by Congress; but laws founded in justice and humanity shall, from time to time,. be made, for preventing wrongs being done to them, and for pre serving peace and friendship with them. AETICLB IV The said territory, and the States which may be formed therein,. shall forever remain a part of this confederacy of the United States * In the text from which this copy is taken the word "proportionate" appears "propotionate." ORDINANCE OF 1787 7 of America, subject to the Articles of Confederation, and to such alterations therein as shall be constitutionally made ; and to all the acts and ordinances of the United States in Congress assembled, conformable thereto. The inhabitants and settlers in the said territory shall be subject to pay a part of the Federal debts, con tracted, or to be contracted, and a proportional part of the expenses of government to be apportioned on them by Congress, according to the same common rule and measure by which apportionments thereof shall be made on the other States ; and the taxes for paying their proportion shall be laid and levied by the authority and direc tion of the legislatures of the district, or districts, or new States, as in the original States, within the time agreed upon by the United States in Congress assembled. The legislatures of those districts, or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bonor-fide purchasers. No tax shall be imposed on lands the property of the United States ; and in no case shall non resident proprietors be taxed higher than residents. The navi gable waters leading into the Mississippi and Saint Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the said territory as to the citizens of the United States, and those of any other States that may be admitted into the confederacy, without any tax, impost, or duty therefor. AETICLB V There shall be formed in the said territory not less than three nor more than five States ; and the boundaries of the States as soon as Virginia shall alter her act of cession and consent to the same, shall become fixed and established as follows, to wit : The western State ia the said territory shall be bounded by the Mississippi, the Ohio, and the Wabash Eivers ; a direct line drawn from the Wabash and Post Vincents, due north, to the territorial line between the United States and Canada; and by the said territorial line to the Lake of the Woods and Mississippi. The middle State shall be — 4 H c 8 ILLINOIS HISTORICAL COLLECTIONS bounded by the said direct line, the Wabash from Post Vincents to the Ohio, by the Ohio, by a direct line drawn due north from the mouth of the Great Miami to the said territorial line, and by the said territorial hne. The eastern State shall be bounded by the last-mentioned direct line, the Ohio, Pennsylvania, and the said territorial line : Provided, however. And it is further understood and declared, that the boundaries of these three states shall be sub ject so far to be altered, that, if Congress shall hereafter find it expedient, they shall have authority to form one or two states ia that part of the said territory which lies north of an east and west line drawn through the southerly bend or extreme of Lake Michigan. And whenever any of the said States shall have sixty thousand free inhabitants therein, such State shall be admitted, by its delegates, into the Congress of the United States, on an equal footing with the original States, in all respects whatever ; and shall be at liberty to foxm a permanent constitution and State govern ment: Provided, The constitution and government, so to be formed, shall be republican, and in conformity to the principles contained in these articles, and, so far as it can be consistent with the general interest of the confederacy, such admission shall be allowed at an earlier period, and when there may be a less number of free inhabitants in the State than sixty thousand. AETICLB VI There shall be neither slavery nor involuntary servitude in the said territory, otherwise than in the punishment of crimes, whereof the party shall have been duly convicted: Provided always. That any person escaping into the same, from whom labor or service is lawfully claimed in any one of the original States, such fugitive may be lawfuly reclaimed, and conveyed to the person claiming his or her labor or service as aforesaid. Be it ordained by the authority aforesaid. That the resolutions of the 33d of April, 1784, relative to the subject of this ordinance, be, and the same are hereby, repealed, and declared null and void. Done by the United States, in Congress assembled, the 13th day of July, in the year of our Lord 1787, and of their sovereignty and independence the twelfth. ACT OF CONGEESS, MAY 7, 1800' An Act to Divide the Teeeitoet of the United States Noeth- west op the Ohio, into Two Sep abate Governments. Ap- peoved May 7, 1800 Section 1. Be it enacted by the Senate and House of Repre sentatives of the United States of America in Congress assembled. That from and after the fourth day of July next, all that part of the territory of the United States nortiiwest of the Ohio river, which lies to the westward of a line beginning at the Ohio, opposite the mouth of Kentucky river, and running thence to Fort Eecovery, and thence north until it shall intersect the territorial line between the United States and Canada, shall, for the purposes of temporary government, constitute a separate territory, and be called the Indi ana Territory. Sec. 2. And be it further enacted. That there shall be estab lished within the said territory a government in all respects similar to that provided by the ordinance of Congress, passed on the thir teenth day of July one thousand seven hundred and eighty-seven, for the government of the territory of the United States northwest of the river Ohio; and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges and advantages granted and secured to the people by the said ordinance. Sec. 3. And be it further enacted. That the officers for the said territory, who by virtue of this aet shall be appointed by the Presi dent of the United States, by and with the advice and consent of the Senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compensa tions as by the ordinance aforesaid and the laws of the United States, have been provided and established for similar officers in the territory of the United States northwest of the river Ohio. * Statutes at Large, 2 : 58. 10 ILLINOIS HISTORICAL COLLECTIONS And the duties and emoluments of superintendent of Indian affairs shall be united with those of governor : Provided, that the Presi dent of the United States shall have full power, in the recess of Congress, to appoint and commission all officers herein authorized; and their commissions shall continue in force until the end of the next session of Congress. Sec. 4. And be it further enacted. That so much of the ordi nance for the government of the territory of the United States northwest of the Ohio river as relates to the organization of a general assembly therein, and prescribes the powers thereof, shall be in force and operate in the Indiana territory, whenever satis factory evidence shall be given to the governor thereof, that such is the wish of a majority of the freeholders, notwithstanding there may not be therein five thousand free male inhabitants of the age of twenty-one years and upwards : Provided, that until there shall be five thousand free male inhabitants of twenty-one years and up wards in said territory, the whole number of representatives to the general assembly shall not be less than seven, nor more than nine, to be apportioned by the governor to the several counties in the the said territory, agreeably to the number of free males of the age of twenty-one years and upwards which they may respectively contain. Sec. 5. And be it further enacted. That nothing in this act contained shall be construed so as in any manner to affect the gov ernment now in force in the territory of the United States north west of the Ohio river, further than to prohibit the exercise thereof within the Indiana territory, from and after the aforesaid fourth day of July next : Provided, that whenever that part of the terri tory of the United States which lies to the eastward of a line beginning at the mouth of the Great Miami river, and running thence due north to the territorial line between the United States and Canada, shall be erected into an independent state, and ad mitted into the Union on an equal footing with the original states, thenceforth said line shall become and remain permanently the boundary line between such state and the Indiana territory; any thing in this act contained to the contrary notwithstanding. Sec 6. And be it further enacted. That until it shall be other- ACT OF CONGRESS, MAY 7, 1800 11 wise ordered by the legislatures of the said territories respectively, Chilicothe, on Scioto river, shall be the seat of the government of the territory of the United States northwest of the Ohio river; and that Saint Vincennes, on the Wabash river, shall be the seat of the government for the Indiana territory. ACT OF CONGEESS, FEBEUAEY 3, 1809" An Act foe Dividing the Indiana Teeeitoet Into Two Sepa- EATE Goveenments. Appeovbd Febeuart 3, 1809 Bei it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That from and after the first day of March next, all that part of the Indiana terri tory which lies west of the Wabash river, and a direct line drawn from the said Wabash river and Post Vincennes, due north, to the territorial line between the United States and Canada, shall, for the purpose of temporary government, constitute a separate territory, and be called Illinois. , Sec 2. And be it further enacted. That there shall be estab lished within the said territory a government in all respects similar to that provided by the ordinance of Congress, .passed on the thir teenth day of July, one thousand seven hundred and eighty-seven, for the government of the territory of the United States, northwest of the river Ohio; and by an act passed on the seventh day of August, one thousand seven hundred and eighty-nine, intituled, "An act to provide for the government of the territory northwest of the river Ohio;" and the inhabitants thereof shall be entitled to, and enjoy all and singular the rights, privileges and advan tages, granted and secured to the people of the territory of the United States, northwest of the river Ohio, by the said ordinance. Sec 3. And be it further enacted. That the officers for the said territory, who, by virtue of this act, shall be appointed by the President of the United States, by and with the advice and consent of the Senate, shall respectively exercise the same powers, perform the same duties, and receive for their services the same compen sations, as by the ordinance aforesaid, and the laws of the United States, have been provided and established for similar officers in '^ Statutes at Large, 2:514. 12 ACT OF CONGRESS, FEBRUARY S, 1809 13 the Indiana territory. And the duties and emoluments of super intendent of Indian affairs shall be united with those of governor : Provided, that the President of the United States shall have full power, in the recess of Congress, to appoint and commission all officers herein authorized, and their commissions shall continue in force until the end of the next session of Congress. Sec 4. And be it further enacted. That so much of the ordi nance for the government of the territory of the United States northwest of the Ohio river, as relates to the organization of a general assembly therein, and prescribes the powers thereof, shall be in force and operate in the Illinois Territory, whenever satis factory evidence shall be given to the governor thereof that such is the wish of a majority of the freeholders, notwithstanding there may not be therein five thousand free male inhabitants of the age of twenty-one years and upwards : Provided, that until there shall be five thousand free male inhabitants of twenty-one years and upwards in said territory, the whole number of representatives to the general assembly shall not be less than seven, nor more than nine, to be apportioned by the governor to the several counties in the said territory, agreeably to the nxunber of free males of the age of twenty-one years and upwards, which they may respectively contain. Sec 5. And be it further enacted. That nothing in this act contained shall be construed so as in any manner to affect the gov ernment now in force in the Indiana territory, further than to prohibit the exercise thereof within the Illinois territory, from and after the aforesaid first day of March next. Sec 6. And be it further enacted. That all suits, process: and proceedings, which, on the first day of March next, shall be pending in the court of any county which shall be included within the said territory of Illinois, and also all suits, process and proceedings, which, on the said first day of March next, shall be pending in the general court of the Indiana territory, in consequence of any writ of removal, or order for trial at bar, and which had been removed from any of the counties included within the limits of the terri tory of Illinois aforesaid, shall, in all things concerning the same, be proceeded on and judgments and decrees rendered thereon, in 14 ILLINOIS HISTORICAL COLLECTION'S the same manner as if the said Indiana territory had remained imdivided. Sec 7. And be it further enacted. That nothing in this act contained shall be so construed as to prevent the collection of taxes, which may on the first day of March next, be due to the Indiana territory on lands lying in the said territory of Illinois. Sec 8. And be it further enacted. That until it shall be other wise ordered by the legislature of the said Illinois territory, Kas kaskia on the Mississippi river, shall be the seat of government for the said Illinois territory. ACT OF CONGEESS, APEIL 18, 1818" An Act to Enable the People op the Illinois Teeeitoet to Foem a Constitution and State Government, and foe THE Admission of Such State into the Union on an Equal Footing with the Oeiginal States. Approved April 18, 1818 Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled. That the inhabi tants of the territory of Illinois be, and they are hereby, authorized to form for themselves a constitution and state government, and to assume such name as they shall deem proper; and the said state, when formed, shall be admitted into the Union upon the same foot ing with the original states, in all respects whatever. Sec 3. And be it further enacted. That the said state shall consist of all the territory included within the following bound aries, to wit ; Beginning at the mouth of the Wabash river ; thence, up the same, and with the line of Indiana, to the north-west corner of said state; thence, east with the line of the same state, to the middle of Lake Michigan; thence, north along the middle of said lake, to north latitude forty-two degrees thirty minutes; thence, west to the middle of the Mississippi river ; and thence, down along the middle of that river, to its confiuence with the Ohio river; and thence, up the latter river, along its north-western shore, to the beginning: Provided, That the convention hereinafter provided for, when formed, shall ratify the boundaries aforesaid; otherwise they shall be and remain as now prescribed by the ordinance for the government of the territory north-west of the river Ohio: Provided also. That the said state shall have concurrent jurisdiction with the state of Indiana on the Wabash river, so far as said river shall form a common boundary to both, and also concurrent juris- * Statutes at Large, 3 : 428. 15 16 ILLINOIS HISTORICAL COLLECTIONS diction on the Mississippi river, with any state or states to be formed west thereof, so far as said river shall form a common boimdary to both. Sec 3. And be it further enacted. That all white male citizens of the United States, who shall have arrived at the age of twenty- one years, and have resided in said territory six months previous to the day of election, and all persons having in other respects the legal qualifications to vote for representatives in the general as sembly of the said territory, be, and they are hereby, authorized to choose representatives to form a convention, who shall be appor tioned amongst the several counties as follows : From the county of Bond, two representatives: From the county of Madison, three representatives: From the county of St. Clair, three representatives: Prom the county of Monroe, two representatives: From the county of Eandolph, two representatives: From the county of Jackson, two representatives: From the county of Johnson, two representatives: From the county of Pope, two representatives: From the county of Gallatin, three representatives: From the county of White, tWo representatives: From the county of Edwards, two representatives: From the county of Crawford, two representatives: Prom the county of Union, two representatives: From the county of Washington, two representatives: And from the county of Franklin, two representatives: And the election for the representatives aforesaid shall be holden on the first Monday of July next, and the two following days, throughout the several counties in the said territory, and shall be conducted in the same manner, and under the same regulations, as prescribed by the laws of the said territory regulating elections therein, for members of the House of Eepresentatives. Sec 4. And be it further enacted, That the members of the convention, thus duly elected, be, and they are hereby, authorized to meet at the seat of government of the said territory, on the first Monday of the month of August next, which convention, when met, shall first determine, by a majority of the whole number elected, ACT OF CONGRESS, APRIL 18, 1818 17 whether it be, or be not, expedient at that time to form a consti tution and state government for the people within the said terri tory, and if it be expedient, the convention shall be and her.eby is authorized to form a constitution and state government; or, if it be deemed more expedient, the said convention shall provide by ordinance for electing representatives to form a constitution or frame of government; which said representatives shall be chosen in such manner, and in such projportion, and shall meet at such time and place, as shall be prescribed by the said ordinance, and shall then form for the people of said territory a constitution and state government: Provided, That the same, whenever formed, shall be republican, and not repugnant to the ordinance of the thirteenth of July, seventeen hundred and eighty-seven, between the original states and the people and states of the territory north west of the river Ohio ; excepting so much of said articles as relate to the boundaries of the states therein to be formed : And provided also. That it shall appear, from the enumeration directed to be made by the legislature of the said territory, that there are, within the proposed state, not less than forty thousand inhabitants. Sec 5. And be it further enacted, That until the next general census shall be taken, the said state shall be entitled to one repre sentative in the House of Eepresentatives of the United States. Sec 6. And be it further enacted. That the following propo sitions be and the same are hereby, offered to the convention of the said territory of Illinois, when formed, for their free acceptance or rejection, which if accepted by the convention, shall be obliga tory upon the United States and the said state. First. That section numbered sixteen, in every township, and, when such section has been sold or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state, for the use of the inhabitants of such town ship, for the use of schools. Second. That all salt springs within such state and the land reserved for the use of the same, shall be granted to the said state, for the use of the said state, and the same to be used under such terins, and conditions, and regulations, as the legislature of the said state shall direct: Provided, The legislature shall never sell 18 ILLINOIS HISTORICAL COLLECTIONS nor lease the same for a longer period than ten years, at any one time. Third. That five per cent, of the net proceeds of the lands lying within such state, and which shall be sold by Congress, from and after the first day of January, one thousand eight hundred and nineteen, after deducting all expenses incident to the same, shall be reserved for the purposes following, viz: two-fifths to be dis bursed, under the direction of Congress, in making roads leading to the state; the residue to be appropriated, by the legislature of the state, for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university. Fourth. That thirty-six sections, or one entire township, which shall be designated by the President of the United States, together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state, to be appropriated solely to the use of such semi nary by the said legislature. Provided always. That the four fore going propositions, herein offered, are on the conditions that the convention of the said state shall provide, by an ordinance irre vocable without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January, one thousand eight hundred and nineteen, shall remain exempt from any tax laid by order, or under any authority of, the state, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale : And further, That the bounty lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees, or their heirs, remain exempt, as aforesaid, from all taxes, for the term of three years, from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein. Sec 7. And be it further enacted, That all that part of the territory of the United States lying north of the state of Indiana, and which was included in the former Indiana territory, together with that part of the Illinois territory which is situated north of ACT OF CONGRESS, APRIL 18, 1818 19 and not included within the boundaries prescribed by this act, to the state thereby authorized to be formed, shall be, and hereby is, attached to, and made a part of the Michigan territory, from and after the formation of the said state, subject, nevertheless, to be hereafter disposed of by Congress, according to the right reserved in the fifth article of the ordinance aforesaid, and the inhabitants therein shall be entitled to the same privileges and immunities, and subject to the same rules and regulations, in all respects, with the other citizens of the Michigan territory. OEDINANCE OF 1818 An Ordinance" WHEEEAS the Congress of the United States in the act en titled, "An act to enable the people of the Illinois territory to form a constitution and state government and for the admission of such state into the union on an equal footing with the original states, passed the 18th of April, 1818," have offered to this convention for their free acceptance or rejection,, the following propositions, which if accepted by the convention are to be obligatory upon the United States, viz: "1st. That section numbered sixteen in every township, and when such section has been sold, or otherwise disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to the state for the use of the inhabitants of such township for the use of schools. 3nd. That all salt springs within such state and the lands re served for the use of the same shall be granted to the said state for the use of the said state, and the same to be used under such terms and conditions and regulations as the legislature of said state shall direct; Provided the legislature shall never sell nor lease the same for a longer period than ten years at any one time. 3d. That five per cent, of the nett proceeds of the lands lying within such state, and which shall be sold by congress from and after the first day of January, one thousand eight hundred and nineteen, after deducting all expences incident to the same, shall be reserved for the purposes following, viz: Two-fifths to be dis bursed under the direction of congress, in making roads leading to the state; the residue to be appropriated by the legislature of the state for the encouragement of learning, of which one-sixth part shall be exclusively bestowed on a college or university. ^ Adopted in convention at Kaskaskia, August 26, 1818. 20 ORDINANCE OF 1818 31 4th. That thirty six sections or one entire township, which shall be designated by the President of the United States together with the one heretofore reserved for that purpose, shall be reserved for the use of a seminary of learning, and vested in the legislature of the said state to be appropriated solely to the use of such semi nary by the said legislature." And whereas the four foregoing propositions are offered on the condition that this convention shall provide by ordinance, irre vocable, without the consent of the United States, that every and each tract of land sold by the United States, from and after the first day of January, 1819, shall remain exempt from any tax laid by order or under any authority of the state, whether for for state, county or township, or any other purpose whatever, for the term of five years from and after the day of sale. And further that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall while they continue to be held by the patentees or their heirs, remain exempt as aforesaid, from all taxes for the term of three years, from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein. THBEEFOEE this convention on behalf of and by the authority of the people of the state, do accept of the foregoing propositions; and do further Ordain And Declare, that every and each tract of land sold by the United States, from and after the first da,y of January, 1819, shall remain exempt from any tax laid by order or under any authority of the state, whether for state, county, or township, or any purpose whatever, for the term of five years from and after the day of sale. And that the bounty lands granted, or hereafter to be granted, for military services during the late war, shall while they continue to be held by the patentees, or their heirs, remain exempt as aforesaid, from all taxes, for the term of three years, from and after the date of the patents respectively; and that all the lands belonging to the citizens of the United States, residing without the said state, shall never be taxed higher than lands belonging to persons residing therein. And this con- 33 ILLINOIS HISTORICAL COLLECTIONS vention, do further Ordain And Declare that the foregoing ordi nance shall not be revoked without the consent of the United States. Done in Convention at Kaskaskia, the twenty sixth day of Au gust in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States of America the forty-third. Jesse B. Thomas President of the Convention. Attest : Wm. C. Greenup Secretary to the Convention. CONSTITUTION OF 1818 — 5 H C CONSTITUTION OF 1818" The People of the Illinois Territory,^ having the right of ad mission into the general government as a member of the union, consistent with the Constitution of the United States, the Ordi nance of Congress of 1787, and the Law of Congress "Approved April 18th, 1818," entitled "an act to enable the people of the Illi nois Territory to form a Constitution and State Government, and for the admission of such state into the union on an equal footing with the original states and for other purposes," in order to estab lish justice, promote the welfare and secure the blessings of liberty 'Adopted in convention at Kaskaskia, August 26, 1818. The Con stitution of 1818 was not submitted to the electors for their approval or rejection. The instrument became operative, however, upon the admission of Illinois into the union. The resolution of congress de claring the admission of Illinois Into the union, which was approved on Becember 3, 1818, Is as follows: "Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled. That, whereas, in pursuance of an act of Congress, passed on the eighteenth day of April, one thousand eight hundred and eighteen, entitled, 'An act to enable the people of the Illinois territory to form a constitu tion and state government, and for the admission of such state into the Union, on an equal footing with the original states,' the people of said territory did, on the twenty-sixth day of August, In the present year, by a convention called for that purpose, form for themselves a constitution and state government, which constitution and state gov ernment, so formed, is republican, and in conformity to the principles of the articles of compact between the original states and the people and states in the territory north-west of the river Ohio, passed on the thirteenth day of July, one thousand seven hundred and eighty-seven: Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, That the state of Illinois shall be one, and is hereby declared to be one, of the United States of America, and admitted Into the Union on an equal footing with the original states, in all respects whatever." Statutes at Large, 3:536. ' The original manuscript contains no title. 25 26 ILLINOIS HISTORICAL COLLECTIONS to themselves and their posterity. Do by their representatives in con vention. Ordain & Establish the following Constitution, or Form of Government, and do mutually agree with each other to form themselves into a free and independent state by the name of the State of Illinois. And they do hereby ratify the boundaries as signed to such state by the act of congress aforesaid, which are as follows to-wit: — Beginning at the mouth of the Wabash river; thence up 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 north latitude forty two degrees and thirty minutes; thence west to the middle of the Mississippi river ; and thence down along the middle of that river to its confluence with the Ohio river ; and thence up the latter river, along its northwestern shore to the beginning. AETICLB I Concerning the distribution of the powers of Government. Section 1. The powers of the government of the State of Ufi- nois shall be divided into three distinct departments, and each of them be confided to a separate body of Magistracy, to-wit; Those which are Legislative to one ; those which are Executive to another ; and those which are Judiciary to another. Field V. People ex rel., 2 Scammon (3 III.), 79; Edwards v. Pope, et al., 3 Scammon (4 III.), 464. Sect. 3. No person or collection of persons being one of those departments shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted. Field V. People ex rel., 2 Scammon (3 III.), 79; Lane et al. v. Dorman, S Scammon ii III.), 237; Edwards v. Pope, 3 Scammon {4 III.), 464; Mason v. Wait et al., 4 Scammon (5 III.), 127; Rhine- hart V. Schuyler et al., 2 Gilman (7 III.), 473; see Messlnger v. Germain, 1 Oilman (6 III.), 632; Bruce v. Schuyler et al., 4 Gilman (9 III), 221. ARTICLE II Sect. 1. The legislative authority of this state shall be vested in a General Assembly which shall consist of a Senate and House of representatives, both to be elected by the people. CONSTITUTION OF 1818 37 Sawyer v. City of Alton, 3 Scammon (4 III.), 127; People ex rel. V. Reynolds, 5 Gilman (10 III.), 1. Sect. 2. The first election for senators and representatives shall commence on the third thursday of September next and continue for that and the two succeeding days; and the next election shall be held on the first monday in August, one thousand eight hundred and twenty ; and forever after, elections shall be held once in two years on the first monday of August, in each and every county, at such places therein as may be provided by law. Sect. 3. No person shall be a representative who shaU not have attained the age of twentyone years, who shall not be a citizen of the United States and an inhabitant of this state; who shall not have resided within the limits of the coimty or district in which he shall be chosen twelve months next preceding his election, (if such coimty or district shall have been so long erected ; but if not, then within the limits of the county or counties, district or districts out of which the same shall have been taken;) unless he shall have been absent on the public business of the United States or of this state ; and who moreover shall not have paid a state or county tax. Sect. 4. The senators at their first session herein provided for, shall be divided by lot from their respective counties or districts as near as can be, in two classes : — The seats of the senators of the first class shall be vacated at the expiration of the second year; and those of the second class at the expiration of the fourth year; so that one-half thereof as near as possible may be biennially chosen forever thereafter. Sect. 5. The number of senators and representatives shall, at the first session of the General Assembly hoMen after the returns herein provided for are made, be fixed by the General Assembly and apportioned among the several counties or districts to be estab lished by law; according to the number of white inhabitants. The number of representatives shall not be less than twentyseven nor more than thirtysix, until the number of inhabitants within this state shall amount to one hundred thousand; And the number of senators shall never be less than one-third nor more than one-half of the number of representatives. Sect. 6. No person shall be a senator who has not arrived at the 38 ILLINOIS HISTORICAL COLLECTIONS age of twentyfive years, who shall not be a citizen of the United States and who shall not have resided one year in the county or district in which he shall be chosen, immediately preceding his election; (if such county or district shall have been so long erected; but if not, then within the county or counties, district or districts out of which the same shall have been taken) imless he shall have been absent on the public business of the United States or of this state and shall not moreover have paid a state or county tax. Sect. 7. The senate and house of representatives when assem bled shall each choose a speaker and other officers, the speaker of the senate excepted; — Each house shall judge of the qualifications and elections of its members and sit upon its own adjournments. Two- thirds of each house shall constitute a quorum, but a smaller num ber may adjourn from day to day and compel the attendance of absent members. Sect. 8. Each house shall keep a journal of its proceedings and publish them : The yeas and nays of the members on any question, shall at the desire of any two of them be entered on the journals. Neiberger v. McCullough et al., 253 III., 312. Sect. 9. Any two members of either house shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public or to any individual, and have the reasons of their dissent entered on the journals. Sect. 10. Each house may determine the rules of its proceed ings punish its members for disorderly behavior, and with the con currence of two-thirds, expel a member ; but not a second time for the same cause. Sect. 11. When vacancies happen in either house, the Gov ernor, or the person exercising the powers of Governor, shall issue writs of election to fill such vacancies. Sect. 12. Senators and representatives shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the Goneral Assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. Sect. 13. Each house may punish by imprisonment during its session any person not a member, who shall be guilty of disrespect CONSTITUTION OF 1818 39 to the house by any disorderly or contemptuous behavior in their presence; provided such imprisonment shall not at any one time exceed twentyfour hours. Sect. 14. 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 con sent of the other adjourn for more than two days; nor to any other place than that in which the two houses shall be sitting. Sect. 15. Bills may originate in either house, but may be altered, amended or rejected by the other. Sect. 16. Every bill shall be read on three different days in each house, unless in case of urgency, threefourths of the house where such biU is so depending shall deem it expedient to dispense with this rule ; and every bill having passed both houses, shall be signed by the speakers of their respective houses. People ex rel. v. Campbell, 3 Gilman (8 III.), 466. Sect. 17. The style of the laws of this state shall be, "Be it en acted by the people of the state of Illinois represented in the Gen eral Assembly." Sect. 18. The General Assembly of this state shall not allow the following officers of government greater or smaller annual salaries than as follows, until the year one thousand eight hundred and twentyfour: The governor one thousand dollars and the Secretary of state six hundred dollars. Sect. 19. No senator or representative shall, during the time for which he shall have been elected be appointed to any civil office under this state, which shall have been created, or the emoluments of which shall have been increased during such time. Sect. 30. No money shall be drawn from the treasury but in consequence of appropriations made by law. Sect. 31. An accurate statement of the receipts and expendi tures of the public money shall be attached to and published with the laws at the rising of each session of the General Assembly. Sect. 33. The house of representatives shall have the sole power of impeaching, but a majority of all the members present must concur in an impeachment. All impeachments shall be tried by the senate ; and when sitting for that purpose, the senators shall be 30 ILLINOIS HISTORICAL COLLECTIONS upon oath or affirmation to do justice according to law and evi dence. No person shall be convicted without the concurrence of twothirds of all the senators present. Sect. 33. The Governor and all other civil officers under this state shall be liable to impeachment for any misdemeanor tn office ; but judgment in such cases shall not extend further than to removal from office, and disqualifications to hold any office of honour, profit or trust under this state. The party whether con victed or acquitted shall nevertheless be liable to indictment, trial, judgment and punishment according to law. Sect. 34. The first session of the General Assembly shall com mence on the first monday of October next, and forever after, the General Assembly shall meet on the first monday in December next ensuing the election of the members thereof, and at no other period, unless as provided by this constitution. Sect. 35. No judge of any court of law or equity, secretary of state, attorney general, attorney for the state, register, clerk of any court of record, sheriff or collector, member of either house of congress, or person holding any lucrative office under the United States or this state, (provided that appointments in the militia, postmasters or justices of the peace, shall not be considered lucra tive offices) shall have a seat in the general assembly: nor shall any person holding an office of honour or profit under the govern ment of the United States, hold any office of honour or profit under the authority of this state. Sect. 36. Every person who shall be chosen or appointed to any office of trust or profit, shall, before entering upon the duties thereof, take an oath to support the constitution of the United States and of this state, and also on oath of office. Sect. 37. In all elections, all white male inhabitants above the age of twentyone years, having resided in the state six months next preceding the election, shall enjoy the right of an elector; but no person shall be entitled to vote except in the county or dis trict in which he shall actually reside at the time of the election. Spragins v. Houghton, 2 Scammon (3 III.), 377. Sect. 38. All votes shall be given viva voce until altered by the general assembly. CONSTITUTION OF 1818 31 Sect. 39. Electors shall in all cases except treason, felony or breach of the peace, be privileged from arrest during their attend ance on elections and in going to or returning from the same. Sect. 30. The general assembly shall have full power to ex clude from the privilege of electing or being elected any person convicted of bribery, perjury or any other infamous crime. Sect. 31. In the year one thousand eight hundred and twenty, and every fifth year thereafter, an enumeration of all the white inhabitants of the state shall be made in such manner as shall be directed by law. Sect. 33. All biUs for raising a revenue shall originate in the house of representatives, subject however to amendment or rejec tion as in other cases. AETICLB III Sect. 1. The executive power of the state shall be vested in a Governor. Field V. People ex rel., 2 Scammon (3 III.), 79. Sect. 2. The first election of Governor shall commence on the third thursday of September next, and continue for that and the two succeeding days ; and the next election shall be held on the first monday of August in the year of our Lord one thousand eight hundred and twentytwo. And for ever after, elections for> gov ernor shall be held once in four years on the first monday iu August. The governor shall be chosen by the electors of the mem bers of the general assembly at the same places. and in the same manner that they shall respectively vote fori members thereof. The returns for every election of governor shall be sealed up and trans mitted to the seat of government by the returning officers directed to the speaker of the house of representatives, who shall open and publish them in the presence of a majority of the members of each house of the general assembly. The person having the highest number of votes shall be governor: but if two or more be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both houses of the general assembly. Contested elections shall be determined by both houses of the general assembly in such manner as shall be prescribed by law. 32 ILLINOIS HISTORICAL COLLECTIONS Sect. 3; The first governor shall hold his office imtil the first monday of December in the year of our Lord one thousand eight hundred and twenty two, and until another governor shall be elected and qualified to office : and forever after, the governor shall hold his office for the term of four years, and imtil another governor shall be elected and qualified; but he shall not be eligible for more than four years in any term of eight years. He shall be at least thirty years of age and have been a citizen of the United States thirty years; two years of which next preceding his election, he shall have resided within the limits of this state. Sect. 4. He shall from time to time give the general assembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. Sect. 5. He shall have power to grant reprieves and pardons after conviction except in cases of impeachment. Ex parte Birch, 3 Gilman (S III.), 134. Sect. 6. The governor shall at stated times receive a salary for his services, which shall neither be increased nor diminished during the term for which he shall have been elected. Sect. 7. He may require information in writing from the offi cers in the executive department upon any subject relating to the duties of their respective offices; and shall take care that the laws be faithfully executed. Sect. 8. When any officer, the right of whose appointment is by this Constitution vested in the general assembly, or in the gov ernor and senate, shall during the recess, die, or his office by any means become vacant, the governor shall have power to fill such vacancy by granting a commission which shall expire at the end of the next session of the general assembly. People V. Forquer, Breese (.1 III.), 104; Field v. People ex rel., 2 Scammon (3 III.), 79. Sect. 9. He may on extraordinary occasions convene the gen eral assembly by proclamation, and shall state to them when assembled the purpose for which they shall have been convened. Sect. 10. He shall be commander-in-chief of the army and navy of this state and of the militia, except when they shall be called into service of the United States. CONSTITUTION OF 1818 33 Sect. 11. There shall be elected in each and every county in the said state by those who are qualified to vote for members of the general assembly and at the same time and places where the election for such members shall be held, one sheriff and one coroner, whose election shall be subject to such rules and regulations as shall be prescribed by law. The said sheriffs and coroners respectively when elected shall continue in office two years, be subject to removal and disqualification, and such other rules and regulations as may be from time to time prescribed by law. Sect. 13. In case of disagreement between the two houses with respect to the time of adjournment the Governor shall have power to adjourn the general assembly to such time as he thinks proper, provided it be not to a period beyond the next constitutional meet ing of the same. Sect. 13. A Lieutenant-governor shall be chosen at every elec tion for governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for gov ernor and lieutenant-governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant governor. Sect. 14. He shall by virtue of his office be speaker of the sen ate, have a right when in committee of the whole to debate and vote on all subjects, and whenever the senate are equally divided to give the casting vote. Sect. 15. Whenever the government shall be administered by the lieutenant governor, or he shall be unable to attend as speaker of the senate, the senators shall elect one of their own members as speaker for that occasion; and if during the vacancy of the office of governor, the lieutenant governor shall be impeached, removed from office, refuse to qualify, or resign or die, or be absent from the state, the speaker of the senate shall in like manner administer the government. Sect. 16. The lieutenant governor while he acts as speaker of the senate shall receive for his service the same compensation which shall for the same period be allowed to the speaker of the house of representatives, and no more; and during the time he administers the government as governor, he shall receive the same compensation 34 ILLINOIS HISTORICAL COLLECTIONS which the governor would have received had he been employed in the duties of his office. Sect. 17. If the lieutenant governor shall be called upon to ad minister the government, and shall, while in such administration resign, die, or be absent from the state, during the recess of the general assembly, it shall be the duty of the secretary for the time being to convene the senate for the purpose of choosing a speaker. Sect. 18. In case of an impeachment of the governor, his re moval from office, death, refusal to quaUfy, resignation or absence from the state, the lieutenant governor shall exercise all the power and authority appertaining to the office of governor, until the time pointed out by this constitution for the election of governor shall arrive, unless the general assembly shall provide by law for the election of a governor to fiU such vacancy. Sect. 19. The governor for the time being and the Judges of the supreme Court, or a major part of them together with the gov ernor, shall be and are hereby constituted a council to revise all bills about to be passed into laws by the general assembly; and for that purpose shall assemble themselves from time to time when the general assembly shall be convened; for which nevertheless they shall not receive any salary or consideration under any pretense whatever; and all bills which have passed the senate and house of representatives shall, before they become laws, be presented to the said council for their revisal and consideration; and if upon such revisal and consideration it should appear improper to the said council or a majority of them, that the bill should become a law of this state, they shall return the same, together with their objections thereto in writing, to the senate or house of representatives (in whichsoever the same shall have originated) who shall enter the objections set down by the council at large in their minutes and proceed to reconsider the said bill. But if after such reconsider ation the said senate or house of representatives shall, notwith standing the said objections, agree to pass the same by a majority of the whole number of members elected, it shall together with the said objections be sent to the other branch of the general assembly, where it shall also be reconsidered ; and if approved by a majority of all the members elected, it shall become a law. If any bill shall CONSTITUTION OF 1818 35 not be returned within ten days after it shall have been presented, the same shall be a law ; unless the general assembly shall by their adjournment render a return of the said bill in ten days impracti cable; in which case the said bill shall be returned on the first day of the meeting of the general assembly after the expiration of the said ten days, or be a law. Garrett v. Stevenson et al., 3 Gilman (8 III.), 261; People ex rel. V. Hatch, 33 III., 9. Sect. 30. The governor shall nominate, and by and with the advice and consent of the senate appoint a Secretary of State, who shall keep a fair register of the official acts of the governor, and when required shall lay the same and all papers, minutes and vouchers relative thereto before either branch of the general as sembly and shall perform such other duties as shall be assigned him by law. Field v. People ex ret, 2 Scammon (3 III.), 79. Sect. 31. The state treasurer and public printer or printers for the state, shall be appointed biennially by the joint vote of both branches of the general assembly; Provided that during the recess of the same, the governor shall have power to fill such vacancies as may happen in either of said offices. Sect. 23. The governor shall nominate and by and with the ad vice and consent of the senate, appoint all officers whose offices are established by this constitution, or shall be established by law, and whose appointments are not herein otherwise provided for: Pro vided however that inspectors, collectors and their deputies, sur veyors of the highways, constables, jailers and such inferior officers whose jurisdiction may be confined within the limits of the county, shall be appointed in such manner as the general assembly shall prescribe. ARTICLE IV Sect. 1. The Judicial power of this state shall be vested in one supreme court, and such inferior courts as the general assembly shall from time to time, ordain and establish. Vance et al. v. Funk, 2 Scammon (3 III), 263; Beaubien v. Brinckerhoff, 2 Scammon (3 III.), 270; Bruce v. Schuyler et at., 4 Gilman (9 III), 221; People v. City of St. Louis et al, 5 Gilman (10 III), 351. 36 ILLINOIS HISTORICAL COLLECTIONS Sect. 2. The supreme court shall be holden at the seat of gov ernment and shall have an appellate jurisdiction only; except in cases relating to the revenue; in cases of mandamus, and in such cases of impeachment as may be required to be tried before it. Bowers v. Green, 1 Scammon (2 III), 41; People ex rel. v. Taylor, 1 Scammon (2 III), 201; Beaubien et al. v. Hamilton, 3 Scammon (If III), 213; Plumleigh v. White, 4 Gilman (9 III), 388. Sect. 3. The supreme court shall consist in a chief justice and three associates, any two of whom shall form a quorum. The number of justices may however be increased by the general as sembly after the year one thousand eight hundred and twentyfour. Sect. 4. The justices of the supreme court and the judges of the inferior courts shall be appointed by joint ballot of both branches of the general assembly, and commissioned by the gover nor, and shall hold their offices during good behaviour until the end of the first session of the general assembly which shall be begun and held after the first day of January in the year of our Lord one thousand eight hundred and twentyfour, at which time their commissions shall expire; and until the expiration of which time, the said justices respectively shall hold circuit courts in the several counties in such manner and at such times and shall have and exercise such jurisdiction as the general assembly shall by law prescribe. But ever after the aforesaid period, the justices of the supreme court shall be commissioned during good behaviour, and the justices thereof shall not hold circuit courts unless required by law. Sect. 5. The judges of the inferior courts shall hold their offices during good behaviour; but for any reasonable cause which shall not be sufficient ground for impeachment, both the judges of the supreme and inferior courts shall be removed from office on the address of twothirds of each branch of the general assembly: Provided always, that no member of either house of the general assembly, nor any person connected with a member, by consan guinity or affinity shall be appointed to fill the vacancy occasioned by such removal. The said justices of the supreme court during their temporary appointments shall receive an annual salary of one thousand dollars, payable quarteryearly out of the public treasury. CONSTITUTION OF 1818 37 The judges of the inferior courts, and the justices of the supreme court who may be appointed after the end of the first session of the general assembly which shall be begun and held after the first day of January in the year of our Lord one thousand eight hundred and twentyfour, shall have adequate and competent salaries which shall not be diminished during their continuance in office. Sect. 6. The supreme court, or a majority of the justices thereof, the circuit courts, or the justices thereof, shall respectively appoint their own clerks. People ex rel. v. Mobley, 1 Scammon (2 III), 215. Sect. 7. All process, writs and other proceedings shall run in the name of "the people of the state of Illinois." All prosecu tions 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." Whitesides v. People, Breese (1 III), 21; Reddick v. Adminis trators of Joseph Cloud, 2 Gilman (7 III), 670; Ferris v. Crow, 5 Gilman (10 III), 96; Curry v. Hinman, 11 III, 420. Sect. 8. A competent number of justices of the peace shall be appointed in each county in such manner as the general assembly may direct, whose time of service, power and duties shall be regu lated and defined by law. And justices of the peace When so appointed shall be commissioned by the governor. ARTICLE V Sect. 1. The militia of the state of Illinois shall consist of all free male ablebodied persons, negros, mulattos and Indians excepted, resident in the state between the ages of eighteen and fortyfive years, except such persons as now are or hereafter may be exempted by the laws of the United States or of this state; and shall be armed equipped and trained as the general assembly may provide by law. Sect. 3. No person or persons eonscientously scrupulous of bearing arms shall be compelled to do militia duty in time of peace, provided such person or persons shall pay an equivalent for such exemption. Sect. 3. Company, battalion and regimental officers, staff-offi- 38 ILLINOIS HISTORICAL COLLECTIONS cers excepted, shall be elected by the persons composing their several companies, battalions and regiments. Sect. 4. Brigadier and Major-generals shall be elected by the officers of their brigades and divisions respectively. Sect. 5. All militia officers shall be commissioned by the gov ernor, and may hold their commissions during good behavior, or until they arrive at the age of sixty years. Sect. 6. The militia shall in all cases except treason, felony or breach of the peace, be privileged from arrest during their attend- a,nce at musters and elections of officers and in going to and return ing from the same. ABTICLE VI Sect. 1. Neither slavery nor involuntary servitude shall here after be introduced into this state otherwise than for the punish ment of crimes whereof the party shall have been duly convicted; nor shall any male person arrived at the age of twentyone years, nor female person arrived at the age of eighteen years be held to serve any person as a servant under any identure hereafter made, unless such person shall enter into such indenture while in a state of perfect freedom, and on condition of a bona fide consideration received or to be received for their service. Nor shall any indenture of any negro or mulatto hereafter made and executed out of this state, or if made in this state, where the term of service exceeds one year, be of the least validity except those given in cases of apprenticeship, Wlllard v. People, 4 Scammon (5 III), 461; Jarrot v. Jarrot, 2 Gilman (7 III), 1; Hone v. Ammons, 14 III, 29. Sect. 3. No person bound to labour in any other state shall be hired to labour in this state, extept within the tract reserved for the salt works near Shawnee-town ; nor even at that place for a longer period than one year at any one time ; nor shall it be allowed thereafter the year one thousand eight hundred and twentyfive : — Any violation of this article shall effect the emancipation of such person from his obligation to service. Sect. 3. Each and every person who has been bound to service by contract or indenture in virtue of the laws of the Illinois Terri- CONSTITUTION OF 1818 39 tory heretofore existing, and in conformity to the provisions of the same, without fraud or collusion, shall be held to a specific per formance of their contracts or indentures; and such negros and mulattos as have been registered in conformity with the aforesaid laws, shall serve out the time appointed by said laws; Provided however that the children hereafter bom of such persons, negros or mulattos shall become free, the males at the age of twenty one years, the females at the age of eighteen years. Each and every child born of indentured parents shall be entered with the clerk of the county in which they reside by their owners within six months after the birth of said child. Phoebe v. Jay, Breese (1 III), 268; Boon v. Juliet, 1 Scammon (2 III), 258; Choisser v. Hargrave, 1 Scammon (2 III), 317; Sarah V. Borders, 4 Scammon (5 III), 341. AETICLE VII Sect. 1. Whenever two-thirds of the general assembly shall think it necessary to alter or amend this constitution, they shall recommend to the electors at the next election of members to the general assembly to vote for or against a convention; and if it shall appear that a majority of all the citizens of the state voting for representatives have voted for a convention, the general as sembly shall at their next session call a convention, to consist of as many members as there may be in the general assembly; to be chosen in the same manner, at the same place and by the same electors that choose the general assembly; and which convention shall meet within three months after the said election for the pur pose of revising, altering or amending this constitution. AETICLB VIII That the general great and essential principles of liberty and free government may be recognized and xmalterably established WE DECLAEE: Sect. 1. That aU men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, and of acquiring, — 6 H c 40 ILLINOIS HISTORICAL COLLECTIONS possessing and protecting property and reputation, and of pursuing their own happiness. Kinney v. Cook, 3 Scammon (4 III), 231. Sect. 3. That all power is inherent in the people, and all free governments are founded on their authority and instituted for their peace, safety and happiness. Sect. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own con sciences; that no man can of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent; that no human authority can in any case whatever control or interfere with the rights of conscience; and that no preference shall ever be given by law to any religious establish ments or modes of worship. Sect. 4. That no religious test shall ever be required as a qualification to any office or public trust under this state. Sect. 5. That elections shall be free and equal. Sect. 6. That the right of the trial by Jury shall remain in violate. Sect. 7. That the people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures; and that general warrants, whereby an officer may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose offenses are not particularly described and supported by evidence, are dangerous to liberty and ought not to be granted. Sect. 8. That no freeman shall be imprisoned or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner deprived of his life, liberty or property, but by the judg ment of his peers or the law of the land. And all lands which have been granted as a common to the inhabitants of any town, hamlet, village or corporation, by any person, body politic or corporate, or by any government having power to make such grant, shall forever remain common to the inhabitants of such town, hamlet, village or corporation; and the said commons shall not be leased, sold or divided under any pretense whatever; Provided however, that nothing in this section shall be so construed as to affect the com- CONSTITUTION OF 1818 41 mons of Cahokia or Prairie du Pont ; Provided also that the gen eral assembly shall have power and authority to grant the same privileges to the inhabitants of the said villages of Cahokia or Prairie du Pont as are hereby granted to the inhabitants of other towns, hamlets and villages. Rankin v. Beaird, Breese (1 III), 163; liane et al v. Dorman, S Scammon (4 III), 237; Edwards v. Pope et al, 3 Scammon (4 III), 464; Rhinehart v. Schuyler et a?., 2 Gilman (7 III.), 473; Bruce 17. Schuyler et al., 4 Gilman (9 III), 221; Hebert et al v. Lavalle, 27 111, 448; Lavalle v. Strobel, 89 III, 370; Stead et al v. President and Trustees of Commons of Kaskaskia, ^43 III, 239; Land Com missioners V. President and Trustees of Commons of Kaskaskia, 249 HI; 578. Sect. 9. That in aU criminal prosecutions, the accused hath a right to be heard by himself, and counsel ; to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of wit nesses in his favour : — and in prosecutions by indictment or infor mation, a speedy public trial by an impartial jury of the vicinage : — and that he shall not be compelled to give evidence against himself. Stone V. People, 2 Scammon (3 III), 326; Carpenter v. People, 3 Gilman (8 III), 147. Sect. 10. That no person shall for any indictable offense be proceeded against criminally by information, except in cases aris ing in the land or naval forces, or the militia when in actual service, in time of war or public danger, by leave of the courts, for oppression or misdemeanour in office. Sect. 11. No person shall for the same offense be twice put in jeopardy of his life or limb ; nor shall any man's property be taken or applied to public use without the consent of his representatives in the general assembly, nor without just compensation being made to him. People v. Royal, 1 Scammon (2 III), 557; Edwards v. Pope et al., 3 Scammon (4 III), 464; Mills et al. v. County of St. Clair et al., 2 Gilman (7 III), 197. Sect. 13. Every person within this state ought to find a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property or character: — ^he ought to obtain right 42 ILLINOIS HISTORICAL COLLECTIONS and justice freely and without being obliged to purchase it, — com pletely and without denial, promptly and without delay, conform ably to the laws. Gesford v. Critzer et al, 2 Gilman (7 III), 698. Sect. 13. That all persons shall be bailable by sufficient sure ties unless for capital offenses, where the proof is evident or the presumption great: — and the privilege of the writ of Habeas cor pus shall not be suspended unless when in cases of rebellion or invasion the public safety may require it. Sect. 14. All penalties shall be proportioned to the nature of the offence, the true design of all punishments being to reform, not to exterminate mankind. Sect. 15. No person shall be imprisoned for debt imless upon refusal to deliver, up his estate for the benefit of his creditors, in such manner as- shall be prescribed by law or in cases where there is strong presumption of fraud. See Tuttle et al v. Wilson, 24 III, 553. Sect. 16. No ex post facto law, nor any other law impairing the validity of contracts shall ever be made ; and no conviction shall work corruption of blood or forfeiture of estate. Coles V. County of Madison, Breese (1 III), 154; Williams v. Waldo, 3 Scammon (4 III), 264; Bruce v. Schuyler et oZ., 4 Gilman (9 III), 221; County of Richland v. County of Lawrence, 12 III, 1. Sect. 17. That no person shall be liable to be transported out of this state for any offense committed within the same. Sect. 18. That a frequent recurrence to the fimdamental prin ciples of civil government is absolutely necessary to preserve the blessings of liberty. Sect. 19. That the people have a right to assemble together in a peaceable manner to consult for their common good, to instruct their representatives, and to apply to the general assembly for re dress of grievances. Sect. 20. That the mode of levying a tax shall be by valuation, so that every person shall pay a tax in proportion to the value of the property he or she has in his or her possession. Nance v. Howard, Breese (1 III), 242; Saviryer v. City of Alton, 3 Scammon (4 III), 127; Rhinehart v. Schuyler et al., 2 Oilman CONSTITUTION OF 1818 43 (7 III), 473; Bruce v. Schuyler et al, 4 Gilman (9 III), 221; Graves V. Bruen et al, 11 III, 431. Sect. 21. That there shall be no other banks or monied institu tions in this state but those already provided by law, except a state bank and its branches which may be established and regulated by the general assembly of the state as they may think proper. People ex rel. v. Marshall et al, 1 Gilman (6 III), 672. Sect. 32. The printing presses shall be free to every person who undertakes to examine the proceedings of the general assembly, or of any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. Sect. 23. In prosecutions for the publication of papers investi gating the official conduct of officers, or of men acting in a public capacity, or where the matter published is proper for public infor mation, the truth thereof may be given in evidence. And in all indictments for libels the jury shall have the right of determining both the law and the fact under the direction of the court as in other cases. SCHEDULE Sect. 1. That no inconveniences may arise from the change of a territorial to a permanent state government, it is declared by the convention, that all rights, suits, actions, prosecutions, claims and contracts both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government in virtue of the laws now in force. Sect- 3. All fines, penalties and forfeitures due and owing to the territory of Illinois shall enure to the use of the state. All bonds executed to the governor or to any other officer in his official capacity in the territory, shall pass over to the governor or to the officers of the state and their successors in office for the use of the state, by him or by them to be respectively assigned over to the use of those concerned as the case may be. Sect. 3. No sheriff or collector of public monies shall be eligible to any office in this state, until they have paid over according to 44 ILLINOIS HISTORICAL COLLECTIONS law, all monies which they may have collected by virtue of their respective offices. Sect. 4. There shall be elected in each county three county commissioners for the purpose of transacting all county business, whose time of service, power and duties shall be regulated and defined by law. County of Vermilion v. Knight, t Scammon (2 III), 97. Sect. 5. The governor, secretary and judges and all other officers under the territorial government shall continue in the exercise of the duties of their respective departments until the said officers are superseded under the authority of this constitution. Sect. 6. The governor of this state shall make use of his priv ate seal until a state seal shall be provided. Sect. 7. The oaths of office herein directed to be taken may be administered by any justice of the peace until the general assembly shall otherwise direct. Sect. 8. Until the first census shall be taken as directed by this constitution the county of Madison shall be entitled to one senator and three representatives; the county of St Clair to one sena tor and three representatives; the county of Bond to one senator and one representative; the county of Washington to one senator and one representative; the county of Monroe to one senator and one representative ; the county of Eandolph to one senator and two representatives ; the county of Jackson to one senator and one repre sentative; the counties of Johnson and Franklin to form one sena torial district and to be entitled to one senator and each county to one representative; the county of Union to one senator and two representatives; the county of Pope to one senator and two representatives ; the county of Gallatin to one senator and three re presentatives ; the county of White to one senator and three repre sentatives; the county of Edwards to one senator and two representatives; and the county of Crawford to one senator and two representatives. Sect. 9. The President of the Convention shall issue writs of election directed to the several sheriffs of the several counties, or in case of the absence or disability of any sheriff then to the deputy sheriff, and in case of the absence or disability of the deputy sheriff CONSTITUTION OF 1818 45 then such writ to be directed to the coroner, requiring them to cause an election to be held for governor, lieutenant governor, re presentative to the present congress of the United States and mem bers to the general assembly and sheriffs and coroners in the respec tive counties; such election to commence on the third thursday of September next and to continue for that and the two succeeding days : — and which election shall be conducted in the manner pre scribed by the existing election laws of the Illinois territory: and the said governor, lieutenant governor, members of the general assembly sheriffs and coroners then duly elected shall continue to exercise the duties of their respective offices for the time prescribed by this constitution and until their successor or successors are qualified and no longer. Sect. 10. An auditor of public accounts, an attorney general and such other officers for the state as may be necessary may be appointed by the general assembly whose duties may be regulated by law. Sect. 11. It shall be the duty of the general assembly to enact such laws as may be necessary and proper to prevent the practice of duelling. Sect. 12. All white male inhabitants above the age of twenty one years who shall be actual residents of this state at the signing of this constitution shall have a right to a vote at the election to be held on the third thursday and the two following days of Sep tember next. Sect. 13. The seat of government for the state shall be at Kas kaskia, until the general assembly shall otherwise provide. The general assembly, at their first session holden under the authority of this constitution, shall petition the congress of the United States to grant to this state a quantity of land to consist of not more than four nor less than one section, or to give to this state the right of pre-emption in the purchase of the said quantity of land; the said land to be situate on the Kaskaskia river and as near as may be east of the third principal meridian, on said river. Should the prayer of such petition be granted, the general assembly at their next session thereafter shall provide for the appointment of five commissioners to make the selection of said land so granted, and 46 ILLINOIS HISTORICAL COLLECTIONS shall further provide for laying out a town upon the land so selected, which town so laid out shall be the seat of government of this state for the term of twenty years. Should however the prayer of said petition not be granted, the general assembly shall have power to mak^ such provision for a permanent seat of government as may be necessary and shall fix the same where they may think best. Sect. 14. Any person of thirty years of age who is a citizen of the United States and has resided within the limits of this state two years, next preceding his election, shall be eligible to the office of lieutenant governor — anything in the thirteenth section of the third article of this constitution contained to the contrary not- vrithstanding. Done in convention at Kaskaskia, the twentysixth day of Au gust, in the year of our Lord one thousand eight hundred and eighteen, and of the independence of the United States of America, the fortythird. In Testimony Whereof, We have hereunto subscribed our names. JESSE B THOMAS President of the Convention and representative from the County of St. Clair. St. Clair County — Pope County — John Messinger Samuel Omelveny James Lemen Jr. Hamlet Ferguson Eandolph County — t- i ^ x ^ T^. , Jackson County — George Fisher Conrad Will James Hall Jr. Elias Kent Kane Madison County- B. Stephenson Crawford County — Joseph Borough Joseph Kitchell Abraham Prickett Ed. N CuUom Gallatin County- ^^^^ County- Michael Jones Thos Kirkpatrick Samuel G. Morse Leond White Adolphus Frederick Hubbard Monroe County — Johnson County — Cald'w^ Cams Hezekiah West Enoch Moore William Mcfatridge CONSTITUTION OF 1818 47 Edwards County — Seth Gard Levi Compton White County — Willis Hargrave William McHenry Attest, wm C GEEENUP, Secretary to the Convention. Union County — William Echols John Whiteaker Washington County- Andrew Bankson Franklin County — Isham Harrison Thomas Eoberts CONSTITUTION OF 1848 CONSTITUTION OF 1848' Peeamble^ We, the people of the State of Illinois — (grateful to Almighty God, for the civil, political and religious hberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations) — in order to form a more perfect gov ernment, establish justice, insure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this constitution for the State of Illinois. AETICLE I Boundaries Section 1. The boundaries and jurisdiction of the State shall be as follows, to wit: Beginning at the mouth of the Wabash river; thence up the same, and with the line of Indiana, to the north-west comer of said state; thence east, with the line of the same state, to the middle of Lake Michigan; thence north, along the middle of said lake, to north latitude forty-two degrees and thirty minutes ; thence west to the middle of the Mississippi river, and thence, down along the middle of that river, to its confluence with the Ohio river; and thence up the latter river, along its north western shore, to the place of beginning. Provided, that this State shall exercise such jurisdiction upon the Ohio river as she is now entitled to, or such as may hereafter be agreed upon by this state, and the state of Kentucky. •Adopted in convention at Springfield, August 31, 1847; ratifled by the people, March 6, 1848; in force, April 1, 1848. "The original manuscript contains no title. 51 52 ILLINOIS HISTORICAL COLLECTIONS AETICLE II Concerning the Distribution of the Powers of Government. Section 1. The powers of the government of the State of Illi nois shall be divided into three distinct departments, and each of them be confided to. a separate body of magistracy, to wit : those which are legislative, to one; those which are executive, to another; and, those which are judicial, to another. County of Richland v. County of Lawrence, 12 III, 1; Beesman V. City of Peoria, 16 III, 484; People ex rel v. Bissell, 19 III., 229; Hall V. Marks, 34 III, 358. Section 2. No person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted, and all facts in contravention of this section shall be void. Bruffett et al v. Great Western Railroad Company of 1859, 25 111, 353; Parmelee et al. v. Lawrence, 48 III, 331. AETICLE III Of the Legislative Department Section 1. The legislative authority of this State shall be vested in a General Assembly; which shall consist of a Senate and House of Eepresentatives, both to be elected by the people. Jackson v. Kemble, 18 III, 580; Wood v. Blanchard, 19 III, 38; Prettyman v. Supervisors of Tazewell County et aZ., 19 Til, 406; Roberts v. Thomson et al, 28 III, 79; Illinois Mutual Fire Insur ance Company v. City of Peoria, 29 III, 180; Roberts v. Ogle, 30111, 459; Poppen v. Holmes, 44 III, 360 ;i Hunter v. Hatch, 45 III, 178; Silver v. People ex rel, 45 III, 224; Rozier v. Fagan et al, 46 III, 404; McVeagh v. City of Chicago et oZ., 49 ni., 318; Kettering v. City of Jacksonville, 50 III, 39; Erlinger v. Boneau, 51 III., 94; Yeazel v. Alexander et aZ., 58 III, 254; Marshall et al. v. Silliman et al, 61 III, 218. Section 3. The first election for senators and representatives shall be held on the Tuesday after the first Monday in November, one thousand, eight hundred and forty-eight; and thereafter, elec tions for members of the General Assembly shall be held once in CONSTITUTION OF 1848 53 two years, on the Tuesday next after the first Monday in Novem ber, in each and every county, at such places therein as may be provided by law. Section 3. No person shall be a representative who shall not have attained the age of twenty-five years; who shall not be a citizen of the United States, and three years an inhabitant of this State ; who shall have not resided within the limits of the county or district in which he shall be chosen twelve months next preceding his election, if such county or district shall have been so long erected; but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state, and shall not, moreover have paid a state or coimty tax. Section 4 No person shall be a senator who shall not have attained the age of thirty years ; who shall not be a citizen of the United States, five years an inhabitant of this state, and one year in the county or district in which he shall be chosen immediately preceding his election, if such county or district shall have been so long erected, but if not, then within the limits of the county or counties, district or districts, out of which the same shall have been taken, unless he shall have been absent on the public business of the United States, or of this state, and shall not, moreover, have paid a state or county tax. Section 5. The senators at their first session herein provided for shall be divided by lot, as near as can be, into two classes. The seats of the first class shall be vacated at the expiration of the second year, and those of the second class at the expiration of the fourth year, so that one half thereof, as near as possible may be biennially chosen forever thereafter. Section 6 The Senate shall consist of twenty-five members, and the House of Eepresentatives shall consist of seventy-five mem bers, until the population of the state shall amount to one million of souls, when five members may be added to the House, and five additional members for every five hundred thousand inhabitants thereafter, until the whole number of representatives shall amount to one hundred, after which, the number shall neither be increased 54 ILLINOIS HISTORICAL COLLECTIONS nor diminished: to be apportioned among the several counties according to the number of white inhabitants: In all future apportionments when more than one county shall be thrown into a representative district all the representatives to which said counties may be entitled, shall be elected by the entire district Section 7 No person elected to the General assembly shall re ceive any civil appointment within this state, or to the Senate of the United States, from the Governor, the Governor and senate or from the General assembly during the term for which he shall have been elected, and all such appointments and all votes given for any such member, for any such office or appointment shall be void. Nor shall any member of the General Assembly be inter ested either directly or indirectly in any contract with the state, or any county thereof authorized by any Law passed during the time for which he shall have been elected or during one year after the expiration thereof Section 8 In the year one thousand eight hundred and fifty- five, and every tenth year thereafter, an enumeration of all the inhabitants of this state shall be made in such manner as shall be directed by law; and in the year eighteen hundred and fifty, and every tenth year thereafter, the census taken by authority of the government of the United States shall be adopted by the General Assembly as the enumeration of this state : and the number of sena tors and representatives shall at the first regular session holden after the returns herein provided for are made, be apportioned among the several counties or districts to be established by law, according to the nnmber of white inhabitants Section 9 Senatorial and representative districts shall be com posed of contiguous territory bounded by county lines: and only one Senator allowed, to each senatorial, and not more than three representatives to any representative district provided, that cities and towns containing the requisite population may be erected into separate districts Section 10 In forming senatorial and representative districts, counties containing a population of not more than one fourth over the existing ratio shall form separate districts, and the excess shall be given to the nearest county or counties not having a sena- CONSTITUTION OF 1848 55 tor or representative, as the case may be, which has the largest white population Section 11 The first session of the General Assembly shall commence on the first Monday of January one thousand eight hundred and forty-nine; and forever after the General Assembly shall meet on the first Monday of January next ensuing the elec tion of the members thereof, and at no other period — unless as provided by this constitution. Section 13 The Senate and House of Eepresentatives, when assembled, shall each choose a speaker and other officers, (the speaker of the Senate excepted.) Bach House shall judge of the qualifications and election of its members, and sit upon its own adjournments. Two thirds of each House shall constitute a quorum; but, a smaller number may adjourn from day to day, and compel the attendance of absent members. People ex rel v. Hatch, 33 III, 9. Section 13 Each House shall keep a journal of its proceed ings, and publish them. The yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journals. People ex rel v. Hatch, S3 III, 9 ; People ex rel. v. Starne, 35 III, 121; Illinois Central Railroad Company v. Wren, 43 III, 77; Ryan v. Lynch et aZ., 68 III, 160; see Neiberger v. McCullough et al, 253 111, 312. Section 14. Any two members of either House shall have liberty to dissent and protest against any act or resolution which they may think injurious to the public or to any individual, and have the reasons of their dissent entered on the journals. Section 15. Each House may determine the rules of its pro ceedings; punish its members for disorderly behaviour; and, with the concurrence of two-thirds of all the members elected, expel a member but not a second time for the same cause ; and the reason for such expulsion shall be entered upon the journal with the names of the members voting on the question. Section 16. When vacancies shall happen in either House, the Governor, or the person exercising the powers of Governor, shall issue writs of election to fill such vacancies. — 7 H c 56 ILLINOIS HISTORICAL COLLECTIONS Section 17. Senators and representatives shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest, during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. ' Section 18 Each House may punish by imprisonment, during its session, any person not a member, who shall be guilty of dis respect to the House, by any disorderly or contemptuous behavior in their presence; Provided, such imprisonment shall not at any one time, exceed twenty-four hours. Section 19 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 secresy. Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting. Section 20. The style of the laws of this state shall be; "Be it enacted by the people of the state of Illinois, represented in the General Assembly." Section 31. .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 ayes and noes, and shall be entered on the journal, and no bill shall become a law, without the con currence of a majority of all the members elect in each House. People ex rel. v. Starne, 35 111, 121; Ryan v. Lynch et al, 68 IU., 160; see Neiberger v. McCullough et al, 253 III, 312. Section 23. Bills making appropriations for the pay of the members and officers of the General Assembly, and for the salaries of the officers of the government, shall not contain any provision on any other subject. People ex rel. v. Beverldge, 3S III, 307. Section 23. Every bill shall be read on three different days in each House, unless, in case of urgency, three fourths of the House where such bill is so depending shall deem it expedient to dispense with this rule; and every bill, having passed both Houses, shall be signed by the speakers of their respective Houses ; and no private or local law which may be passed by the General Assembly shall embrace more than onfe subject, and that shall be expressed in the CONSTITUTION OF 1848 57 title. And no public act of the General Assembly shall take effect, or be in force until the expiration of sixty days from the end of the session at which the same may be passed, unless in case of emergency, the General Assembly shall otherwise direct. Belleville and Illinoistown Railroad Company v. Gregory, 15 III, 20; Wheeler v. Chubbuck, 16 III, 361; O'Leary *. County of Cook, 28 III. 534; People ex rel. v. Mellen, 32 III, 181; Board of Supervisors of Iroquois County et al. v. Keady, 34 III, 293; People ex rel. v. Starne, 35 III, 121; Prescott v. City of Chicago, 60 III, 121; Presi dent and Trustees of Lockport v. Gaylord, 61 III, 276; Ryan v. Lynch et al, 68 III, 160; Town of Ablngton v. Cabeen, 106 III, 200; Leach v. People ex rel., 122 III, 420. Section 24. The sum of two dollars per day, for the first forty-two day's attendance, and one dollar per day for each day's attendance thereafter, and ten cents for each necessary miles travel going to and returning from the seat of government, shall be allowed to the members of the General Assembly, as a compensation for their services, and no more. The speaker of the House of Eepresentatives shall be allowed the sum of one dollar per day in addition to his per diem as a member. Section 35 The per diem and milage allowed to each member of the Greneral Assembly shall be certified by the speakers of their respective Houses, and entered on the journals and published at the close of each session. Section 26. No money shall be drawn from the treasury but in consequence of appropriations made by law; and an accurate statement of the receipts and expenditures of the public money , shall be attached to, and published with the laws at the rising of each session of the General Assembly. And no person who has been or may be a collector or holder of public moneys shall be eligible to a seat in either House of the General Assembly, nor be eligible to any office of profit or trust in this state, until such per son shall have accounted for, and paid into the treasury, all sums for which he may be accountable. People ex rel. v. Beveridge, 38 III, 307. Section 37. The House of Eepresentatives shall have the sole power of impeaching; but majority of all the members elected must concur in an impeachment. All impeachments shall be tried 58 ILLINOIS HISTORICAL COLLECTIONS by the Senate; and when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concur rence of two thirds of the Senators elected. Section 38. The Governor and other civil officers under this state shall be liable to impeachment for any misdemeanor in office ; but judgment in such cases shall not extend, further than to re moval from office, and disqualification to hold any office of honor, profit, or trust, under this state. The party, whether convicted, or acquitted, shall nevertheless, be liable to indictment, trial, judg ment, and punishment, according to law. Section 39. No judge of any court of law or equity. Secretary of State, Attorney* General, Attorney* for the State, recorder, clerk of any Court of record, sheriff or collector, member of either House of Congress, or person holding any lucrative office under the United States, or of this state, — provided that appointments in the militia, or justices of the peace, shall not be considered lucrative offices — shall have a seat in the General Assembly; nor shall any person holding any office of honor or profit under the government of the United States hold any office of honor or profit under the authority of this state. Dickson v. People, 17 III, 191. Section 30. Every person who shall be chosen or appointed to any office of trust or profit shall, before entering upon the duties thereof, take an oath to support the constitution of the United States and of this state, and also an oath of office. Section 31. The General Assembly shall have full power to exclude from the privilege of electing or being elected any person convicted of bribery, perjury or other infamous crime. See Christie v. People, 206 III, 337. Section 33 The General Assembly shall have no power to grant divorces, but may authorize the courts of justice to grant them for such causes as may be specified by law; Provided, that such laws be general and uniform in their operation. Section 33. The General Assembly shall never grant or au- ' In the original manuscript the word "attorney" appears "attoney." * In the original manuscript the word "attorney" appears "attoney." CONSTITUTION OF 1848 59 thorize extra compensation to any public officer, agent, servant, or contractor, after the service shall have been rendered, or the con tract entered into. People ex rel. v. Beveridge, 38 III, 307. Section 34 The General Assembly shall direct by law in what manner suits may be brought against the state. Section 35. The General Assembly shall have no power to au thorize lotteries for any purpose, nor to revive or extend the charter of the state bank, or the charter of any other bank hereto fore existing in this state, and shall pass laws to prohibit the sale of lottery tickets in this state. Section 36. The General Assembly shall have no power to authorize, by private or special law, the sale of any lands or other real estate belonging in whole or in part to any individual or indi viduals. Section 37 Bach General Assembly shall provide for all the appropriations necessary for the ordinary and contingent expenses of the government until the adjournment of the next regular ses sion, the aggregate amount of which shall not be increased without a vote of two-thirds of each House, nor exceed the amount of revenue authorized by law to be raised in such time; Provided, the state may, to meet casual deficits or failures in revenues, con tract debts never to exceed in the aggregate fifty thousand dollars; and the moneys thus borrowed shall be applied to the purpose for which they were obtained, or to repay the debt thus made, and to no other purpose; and no other debt except for the purpose of repelling invasion, suppressing insurrection, or defending the state in war, (for payment of which the faith of the state shall be pledged) shall be contracted, unless the law authorizing the same shall, at a general election, have been submitted to the people, and have received a majority of all the votes cast for members of the General Assembly at such election. The General Assembly shall provide for the publication of said law for three months at least before the vote of the people shall be taken upon the same ; and provision shall be made, at the time, for the payment of the interest annually^ as it shall accrue, by a tax levied for the pur- " In the original manuscript the word "annually" appears "annualy." 60 ILLINOIS HISTORICAL COLLECTIONS pose, or from other sources of revenue, which law providing for the payment of such interest by such tax shall be irrepealable until such debt be paid; and provided further that the law levying the tax shall be submitted to the people with the law authorizing the debt to be contracted. Section 38. The credit of the State shall not, in any manner, be given to, or in aid of any individual, association or corporation. Prettyman v. Supervisors of Tazewell County et al, 19 III, 406; Robertson et al v. City of Rockford, 21 III, 451; Johnson v. County I of Stark, 24 III, 75. Section 39 The General Assembly shall provide by law that the fuel and stationery furnished for the use of the state; the copying, printing, binding and distributing the laws and journals, and all other printing ordered by the (general Assembly shall be let, by contract, to the lowest responsible bidder : and that no member of the General Assemblj', or other officer of the state shall be in terested either directly or indirectly in any such contract: Pro vided, that the General Assembly may fix a maximum price. Section 40. Until there shall be a new apportionment of Sen ators and Eepresentatives the state shall be divided into Senatorial and Eepresentative districts, and the senators and representatives, shall be apportioned among the several districts, as follows; viz.: Senatorial Districts 1. The counties of Alexander, Union, Pulaski, Johnson, Mas sac, Pope and Hardin. Shall constitute the first Senatorial dis trict, and shall be entitled to one senator. 3. The counties of Gallatin, Saline, Williamson, Franklin and White shall constitute the second senatorial district, and be en titled to one Senator. 3. The counties of Jefferson, Wayne, Marion and Hamilton shall constitute the third senatorial district, and be entitled to one senator. 4. The counties of Washington, Perry, Eandolph and Jackson shall constitute the fourth senatorial district, and be entitled to one Senator. CONSTITUTION OF 1848 61 5. The counties of Saint Clair and Monroe shall constitute the fifth senatorial district, and be entitled to one senator. 6. The counties of Madison and Clinton shall constitute the sixth senatorial district, and be entitled to one senator. 7. The counties of Christian, Shelby, Montgomery, Bond and Fayette shall constitute the seventh senatorial district, and be en titled to one senator. 8. The counties of EfBngham, Jasper, Clay, Eichland, Law rence, Edwards and Wabash shall constitute the eighth senatorial district, and be entitled to one senator. 9. The counties of Edgar, Clark and Crawford shall constitute the ninth senatorial district, and be entitled to one senator. 10. The counties of Vermilion, Champaign, Piatt, Moultrie,' Coles and Cumberland shall constitute the tenth Senatorial dis trict, and be entitled to one senator. 11. The counties of Tazewell, McLean, Logan, DeWitt and Macon shall constitute the eleventh senatorial district, and be en titled to one senator. 13. The counties of Sangamon, Menard' and Mason shall con stitute the twelfth senatorial district, and be entitled to one senator. 13. The counties of Macoupin, Jersey, Greene, and Calhoun shall constitute the thirteenth senatorial district, and be entitled to one senator. 14. The counties of Morgan, Scott and Cass shall constitute the fourteenth senatorial district, and be entitled to one senator. 15. The counties of Adams and Pike shall constitute the fifteenth senatorial district, and be entitled to one senator. 16. The counties of McDonough, Schuyler, Brown and High land' shall constitute the sixteenth senatorial district, and be en titled to one senator. 17. The counties of Hancock and Htaderson shall constitute the seventeenth senatorial district, and be entitled to one Senator. ' In the original manuscript the word "Moultrie" appears "Moutrie." ' Highland county was authorized by an act of the general assembly in 1847 (Laws of 1847, p. 38), but the organization of the new county was never completed. 62 ILLINOIS HISTORICAL COLLECTIONS 18. The counties of Fulton and Peoria shall constitute the eighteenth senatorial district, and be entitled to one senator. 19. The counties of Eock Island, Henry, Mercer, Warren, Knox and Stark shall constitute the nineteenth senatorial district, and be entitled to one senator. 20. The counties of LaSalle, Bureau, Putnam, Marshall, Wood ford, Livingston and Grundy shall constitute the twentieth sena torial district, and be entitled to one senator. 21. The counties of DuPage, Kendall, WiU and Iroquois shall constitute the twenty-first senatorial district, and be entitled to one senator. 22. The counties of Ogle, Lee, DeKalb and Kane shall consti tute the twenty-second senatorial district, and be entitled to one senator. 23. The counties of JoDaviess, Stephenson, Carroll, and White side shall constitute the twenty-third senatorial district, and be entitled to one senator. 24. The counties of McHenry, Boone and Winnebago shall constitute the twenty-fourth senatorial district and be entitled to one senator. 25. The counties of Cook and Lake shall constitute the twenty- fifth senatorial district, and be entitled to one senator. Eepresentative Districts 1. The counties of Union, Alexander and Pulaski shall con stitute the first representative district, and be entitled to one rep resentative. 2. The counties of Massac, Pope and Hardin shall constitute the second representative district, and be entitled to one repre sentative. 3. The counties of Gallatin and Saline shall constitute the third representative district, and be entitled to one representative. 4. The counties of Johnson and Williamson shall constitute the fourth representative district, and be entitled to one represen tative. 5. The counties of Jackson and Franklin shall constitute the fifth representative district and be entitled to one representative. CONSTITUTION OF 1848 63 6. The counties of Marion, Jefferson, Wayne, and Hamilton shall constitute the sixth representative district, and be entitled to three representatives; Provided, that no county in said district shall have more than one of said representatives, and the county from which a senator shall be selected shall not be entitled^ to a representative residing in said county. 7. The county of White shall constitute the seventh repre-. sentative district, and be entitled to one representative. 8. The counties of Wabash and Edwards shall constitute the eighth representative district, and be entitled to one representative. 9. The counties of Lawrence and Eichland shall constitute the ninth representative district, and be entitled to one representative. 10. The counties of Crawford and Jasper shall constitute the tenth representative district, and be entitled to one representative. 11. The county of Coles shall constitute the eleventh repre sentative district, and be entitled to one representative. 12. The county of Clark shall constitute the twelfth repre sentative district, and be entitled to one representative. 13. The counties of Cumberland, Effingham and Clay shall constitute the thirteenth representative district, and be entitled to one representative. 14. The county of Fayette shall constitute the fourteenth rep resentative district, and be entitled to one representative. 15. The counties of Montgomery, Bond and Clinton shall con stitute the fifteenth representative district, and be entitled to two representatives. 16. The counties of Washington and Perry shall constitute the sixteenth representative district, and be entitled to one represen tative. 17. The county of Eandolph shall constitute the seventeenth representative district, and be entitled to one representative. 18. The county of Monroe shall constitute the eighteenth rep resentative district, and be entitled to one representative. 19. The county of Saint Clair shall constitute the nineteenth representative district, and be entitled to two representatives. • In the original manuscript the phrase "shall not be entitled" ap pears twice in this sentence. 64 ILLINOIS HISTORICAL COLLECTIONS 30. The county of Madison shall constitute the twentieth rep resentative district, and be entitled to two representatives. 31. The county of Macoupin shall constitute the twenty-first representative district, and be entitled to one representative dis trict. 33. The counties of Jersey and Greene shall constitute the twenty second representative district, and be entitled to two rep resentatives. 33. The county of Scott shall constitute the twenty third rep resentative district, and be entitled to one representative. 34. The county of Morgan shall constitute the twenty fourth representative district, and be entitled to two representatives. 25. The counties of Cass and Menard shall, constitute the twenty-fifth representative district, and be entitled to one repre sentative. 36. The County of Sangamon shall constitute the twenty sixth representative district, and be entitled to two representatives. 37. The counties of Mason and Logan shall constitute the twenty seventh representative district, and be entitled to one rep resentative. 38. The county of Tazewell shall constitute the twenty eighth representative district, and be entitled to one representative. 39. The counties of McLean and DeWitt shall constitute the twenty ninth representative district, and be entitled to one repre sentative. 30. The county of Vermilion shall constitute the thirtieth rep resentative district, and be entitled to one representative. 31. The county of Edgar shall constitute the thirty first repre sentative district, and be entitled to one representative. 33. The counties of Champaign, Piatt, Moultrie and Macon shall constitute the thirty second representative district, and be entitled to one representative. 33. The counties of Shelby and Christian shall constitute the thirty third representative district, and be entitled to one repre sentative. 34. The counties of Pike and Calhoun shall constitute the CONSTITUTION OF 1848 65 thirty fourth representative district, and be entitled to two repre sentatives. 35. The Counties of Adams, Highland' and Brown shall con stitute the thirty fifth representative district, and be entitled to three representatives. 36. The county of Schuyler shall constitute the thirty sixth representative district, and be entitled to one representative. 37. The county of Hancock shall constitute the thirty seventh representative district, and be entitled to two representatives. .38. The county of McDonough shall constitute^ the thirty eighth representative district, and be entitled to one representative. 39. The county of Fulton shall constitute the thirty ninth representative district, and be entitled to two representatives 40. The county of Peoria shall constitute the fortieth repre sentative district, and be entitled to one representative. 41. The county of Knox shall constitute the forty first repre sentative district, and be entitled to one representative. 43. The counties of Mercer, Warren and Henderson shall con stitute the forty-second representative district, and be entitled to two representatives. 43. The counties of Rock-Island, Henry and Stark shall con stitute the forty third representative district, and be entitled to one representative. 44. The counties of Whiteside and Lee shall constitute the forty fourth representative district, and be entitled to one repre sentative. 45. The counties of Carroll and Ogle shall constitute the forty fifth representative district, and, be entitled to one representative. 46. The counties of Jo Daviess and Stephenson shall constitute the forty sixth representative district, and be entitled to two repre sentatives. 47. The county of Winnebago .shall constitute the forty seventh representative district, and be entitled to one representative. 48. The counties of Putnam, Marshall and Woodford shall constitute the forty eighth representative district, and be entitled to one representative. ' See ante, n. 7. 66 ILLINOIS HISTORICAL COLLECTIONS 49. The counties of LaSalle, Grundy, Livingston and Bureau shall constitute the forty-ninth representative district, and be en titled to two representatives. 50. The counties of Dupage, Kendall, Will and Iroquois shall constitute the fiftieth representative district, and be entitled to three representatives. 61. The counties of Kane and DeKalb shall constitute the fifty first representative district, and be entitled to two representatives. 53. The counties of Boone and McHenry shall constitute the fifty second representative district, and be entitled to two repre sentatives. 53. The county of Lake shall constitute the fifty third repre sentative district, and be entitled to one representative. 54. The county of Cook shall constitute the fifty fourth repre sentative district, and be entitled to two representatives. Section 41. Until the General Assembly shall otherwise pro vide, the clerks of the county commissioner's courts in each of the aforesaid senatorial districts, and in such of the representative dis tricts as may be composed of more than one county, shall meet at the county seat of the oldest county in said district, within thirty days next after any election for senator or representative therein, for the purpose of comparing and canvassing the votes given at such election, and the said clerks shall in all other respects conform to the laws, on the subject in force at the time of the adoption of this Constitution. AETICLE IV Of the Executive Department Section 1. The executive power of the state shall be vested in a governor. Section 3. The first election of governor shall be held on Tuesday next after the first Monday in November, A. D. 1848; and the next election shall be held on Tuesday next after the first Monday of November A. D. 1853; and thereafter an election for governor shall be held once in four years on Tuesday next after the first Monday in November. The governor shall be chosen by the electors of the members of the General Assembly at the same places CONSTITUTION OF 1848 67 and in the same manner that they shall respectively vote for members thereof. The returns for every election of governor shall be sealed up, and transmitted to the seat of government by the returning officers, directed to the speaker of the House of repre sentatives, who shall open and publish them in the presence of a majority of the members of each House of the General Assembly. The person having the highest number of votes shall be governor : but if two or more be equal and highest in votes, then one of them shall be chosen governor by joint ballot of both Houses of the General Assembly. Contested elections shall be determined by both Houses of the General Assembly in such manner as shall be prescribed by law. Section 3. The first governor shall enter upou the duties of his office, on the second Monday of January, A. D. 1849 ; and shall hold his office imtil the second Monday of January, A. D. 1853, and until his successor shall have been elected and qualified; and thereafter the governor shall hold his office for the term of four years, and until his successor shall have been elected and qualified ; but he shall not be eligible to such office more than four years in any term of eight years, nor to any other office until after the expiration of the term for which he was elected. Section 4. No person except a citizen of the United States shall be eligible to the office of governor; nor shall any person be eligible to that office who shall not have attained the age of thirty five years, and been ten years a resident of this state, and fourteen years a citizen of the United States. Section 5 The governor shall reside at the seat of government, and receive a salary of fifteen hundred dollars per annum, which shall not be increased or diminished; and he shall not, during the time for which he shall have been elected, receive any emolument from the United States, or either of them. Section 6. Before he enters upon the duties of his office, he shall take the following oath or affirmation, to wit : "I do solemnly swear — or affirm — that I will faithfully execute the duties apper taining to the office of governor of the State of Illinois; and will, to the best of my ability, preserve, protect, and defend the consti- 68 ILLINOIS HISTORICAL COLLECTIONS tution of this state; and will, also, support the constitution of the United States" Section 7. He shall from time to time give the General As sembly information of the state of the government, and recommend to their consideration such measures as he shall deem expedient. Section 8. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offences except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the man ner of applying for pardons. Upon conviction for treason he shall have power to suspend the execution of the sentence until the case shall be reported to the General Assembly at its next meeting, when the General Assembly shall pardon the convict commute the sentence, direct the execution thereof, or grant a further reprieve. He shall, biennially, communicate to the General Assembly each case of reprieve, commutation or pardon granted ; stating the name of the convict, the crime for which he was convicted, the sentence, and its date, and the date of commutation, pardon or reprieve. Section 9. He may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices, and shall take care that the laws be faithfully executed. Section 10. He may on extraordinary occasions, convene the General Assembly by proclamation, and shall state in said procla- ' mation the purpose for which they are to convene, and the General Assembly shall enter on no legislative business except that for which they were specially called together. Section 11. He shall be commander-in-chief of the army and navy of this state, and of the militia, except when they shall be called into the service of the United States. Section 13. The governor shall nominate, and, by and with the advice and consent of the senate, (a majority of all the senators concurring), appoint all officers, whose offices are established by this Constitution, or which may, be created by law, and whose appointments are not otherwise provided for; and no such officer shall be appointed or elected by the General Assembly. CONSTITUTION OF 1848 69 Bunn et al. v. People ex rel, 45 III, 397. Section 13. In case of disagreement between the two Houses with respect to the time of adjournment, the governor shall have power to adjourn the General Assembly to such time as he thinks proper, provided, it be not to a period beyond the next constitu tional meeting of the same. People ex rel v. Hatch, 33 III, 9. Section 14. A lieutenant governor shall be chosen at every election of governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for governor and lieutenant governor, the electors shall distinguish whom they vote for as governor, and whom as lieutenant governor Section 15. The lieutenant governor shall, by virtue of his office, be speaker of the senate; have a right when in committee of the whole, to debate and vote on all subjects, and, whenever the Senate are equally divided, to give the casting vote. Section 16. Whenever the government shall be administered by the lieutenant governor, or he shall be unable to attend as speaker of the Senate, the senators shall elect one of their own number as speaker for that occasion ; and if during the vacancy of the office of governor the lieutenant governor shall be impeached, removed from office, refuse to qualify, or resign or die, or be absent from the state, the speaker of the Senate shall, in like manner, administer the government. Section 17. The lieutenant governor, while he acts as speaker of the Senate, ^hall receive for his service, the same compensation which shall, for the same period, be allowed to the speaker of the House of Eepresentatives, and no more. Section 18. If the lieutenant governor shall be called upon to administer the government, and shall while in such administration, resign, die, or be absent from the state, during the recess of the General Assembly, it shall be the duty of the Secretary of State for the time being, to convene the Senate for the purpose of choos ing a speaker. Section 19 In case of the impeachment of the governor, his absence from the state, or inability to discharge the duties of his office, the powers, duties and emoluments of the office shall devolve 70 ILLINOIS HISTORICAL COLLECTIONS upon the lieutenant governor, and in case of his death, resignation or removal, then upon the speaker .of the Senate for the time being, until the governor, absent or impeached, shall return or be ac quitted; or until the disqualification or inability shall cease, or until a new governor shall be elected and qualified. Section 20. In case of a vacancy in the office of governor, for any other cause than those herein enumerated; or in case of the death of the governor elect before he is qualified, the powers, duties and emoluments of the office shall devolve upon the lieutenant gov ernor, or speaker of the Senate, as above provided until a new governor be elected and qualified. Section 31. Every bill which shall have passed the Senate and House of Eepresentatives shall, before it becomes a law, be pre sented to the governor; if he approve, he shall sign it; but if not, he shall return it, with his objections, to the House in which it shall have originated; and the said House shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, a majority of the members elected, shall agree to pass the bill, it shall be sent, together with the objections to the other House, by which it shall likewise be reconsidered; and if approved by a majority of the members elected, it shall be come a law, notwithstanding the objections of the governor; but in all such cases, the votes of both Houses shall be determined by yeas and nays, to be entered on the journal of each House respec tively. If any bill shall not be returned by the governor within ten days — (Sundays excepted) — after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the General Assembly shall by their adjournment, prevent its return; in which case the said bill shall be returned on the first day of the meeting of the General Assembly after the expiration of said ten days, or be a law. People ex rel. v. Hatch, 33 III, 9. Section 33. There shall be elected by the qualified electors of this state, at the same time of the election for governor, a Secretary of State, whose term of office shall be the same as that of the governor, who shall keep a fair register of the official acts of the governor, and when required, shall lay the same, and all papers. CONSTITUTION OF 1848 71 minutes and vouchers relative thereto, before either branch of the General Assembly; and shall perform such other duties as shall be assigned him by law, and shall receive a salary of eight hundred dollars per anniun, and no more, except fees. Provided, That if the office of Secretary of State, should be vacated by death, resig nation or otherwise, it shall be the duty of the governor to appoint another who shall hold his office until another Secretary shall be elected and qualified. Section 23. There shall be chosen by the qualified electors throughout the state an Auditor of Public Accounts, who shall hold his office for the term of four years, and until his successor is qualified, and whose duties shall be regulated by law, and who shall receive a salary, exclusive of clerk hire of one thousand dollars per annum for his services, and no more. People ex rel. v. Hatch, 33 III, 9. Section 24. There shall be elected by the qualified electors throughout the state, a state treasurer, who shall hold his office for two years, and until his successor is qualified; whose duties may be regulated by law, and who shall receive a salary of eight hundred dollars per annum, and no more. Section 25. All grants and commissions shall be sealed with the great seal of state, signed by the governor or person adminis tering the government, and countersigned by the Secretary of State. Section 26. The governor and all other civil officers, shall be liable to impeachment for misdemeanor in office, during their con tinuance in office, and for two years thereafter. AETICLB V Of the Judiciary Department Section 1. The judicial power of this State shall be, and is hereby vested in one supreme court, in circuit courts, in county courts, and in justices of the peace: provided, that inferior local courts of civil and criminal jurisdiction may be established by the General Assembly in the cities of this state, but such courts shall have a uniform organization and jurisdiction in such cities. — 8 H C 73 ILLINOIS HISTORICAL COLLECTIONS People V. Maynard, I4 III, 419; Perry v. People, 14 III, 496; Solomon v. People, 15 III, 291; McDonnell v. 01 well et al, 17 III, 375; Stow v. People, 25 III, 81; Rowe v. Bowen, 28 III, 116; Board of Supervisors of Bureau County v. Chicago, Burlington, and Quincy Railroad Company, 44 III, 229; Poppen v. Holmes, 44 III, 360; Holmes v. Flhlenburg, 54 III, 203; Reid et al. v. Morton, 119 III, 118. Section 3. The supreme court shall consist of three judges, two of whom shall form a quorum; and the concurrence of two of said judges shall in all cases be necessary to a decision. Section 3. The state shall be divided into three grand divi sions, as nearly equal as may be, and the qualified electors of each division shall elect one of the said judges for the term of nine, years; provided, that after the first election of such judges the General Assembly may have the power to provide by law, for their election by the whole state, or by divisions, as they may deem most expedient. Section 4. The office of one of said judges shall be vacated after the first election held under this article in three years, of one in six years, and of one in nine years, to be decided by lot, so that one of said judges shall be elected once in every three years; The judge having the longest term to serve, shall be the first chief justice, after which the judge having the oldest commission shall be chief justice. Section 5 The supreme court may have original jurisdiction in cases relative to the revenue, in cases of mandamus, habeas corpus, and in such cases of impeachment as may be by law directed to be tried before it; and shall have appellate jurisdiction in all other cases. CruU V. Keener, 17 III, 246; Campbell v. Campbell, 22 III, 664; People ex rel v. Smith, 51 III, 177; St. Louis and Southeastern Railway Company v. Lux, 63 III, 523. Section 6. The supreme court shall hold one term annually in each of the aforesaid grand divisions, at such time and place in each of said divisions as may be provided for by law. Section 7. The state shall be divided into nine judicial dis tricts, in each of which one circuit judge shall be elected by the qualified electors thereof, who shall hold his office for the term of CONSTITUTION OF 1848 73 six years, and until his successor shall be commissioned and quali fied; provided, that the General Assembly may increase the number of circuits to meet the future exigencies of the State. People V. Dubois, 23 III, 547; People v. Bangs, 24 III., 184. Section 8. There shall be two or more terms of the circuit court held annually in each county of this state at such times as shall be provided by law, and said courts shall have jurisdiction in all cases at law and equity and in all cases of appeals from all inferior courts. Burns v. Henderson, 20 III, 264; Lansing v. Hunter, 25 III, 247; Ohio and Mississippi Railroad Company v. Lawrence County, 27 m, 50. Section 9. All vacancies in the supreme and circuit courts shall be filled by election as aforesaid; Provided, however, that if the unexpired term does not exceed one year, such vacancy may be filled by executive appointment. Section 10. The judges of the supreme court shall receive a salary of twelve hundred dollars per annum, payable quarterly, and no more. The judges of the circuit courts shall receive a salary of one thousand dollars per annum, payable quarterly, and no more. The judges of the supreme and circuit courts shall not be eligible to any other office or public trust of profit in this state, or the United States, during the term for which they axe elected, nor for one year thereafter. All votes for either of them for any elective office (except that of judge of the supreme or circuit court,) given by the General Assembly or the people, shall be void. See People ex rel. v. Lipplncott, 67 III, 333. Section 11. No person shall be eligible to the office of judge of any court of this state who is not a citizen of the United States, and who shall not have resided in this state five years next preceding his election, and who shall not for two years next preceding his election, have resided in the division, circuit, or county in which he shall be elected. Nor shall any person be elected judge of the supreme court who shall be at the time of his election under the age of thirty-five years. And no person shall be eligible to the office of judge of the circuit court until he shall have attained the age of thirty years. People V. Wilson, 15 III, 388. 74 ILLINOIS HISTORICAL COLLECTIONS Section 12 For any reasonable cause to be entered on the journals of each House, which shall not be sufficient ground for impeachment, both justices of the supreme court, and judges of the circuit court, shall be removed from office on the vote of two- thirds of the members elected to each branch of the General As sembly; Provided always, that no member of either House of the General Assembly, shall be eligible to fill the vacancy occasioned by such removal ; provided also, that no removal shall be made, un less the justice or judge complained of shall have been served with a copy of the complaint against him, and shall have an opportunity of being heard in his defence. Section 13. The first election for justices of the supreme court, and judges of the circuit courts, shall be held on the first Monday of September 1848. Section 14. The second election for one justice of the supreme court, shall be held on the first Monday of June, 1853, and every three years thereafter, an election shall be held for one justice of the supreme court. Section 15. On the first Monday of June, 1855, and every sixth year thereafter, an election shall be held for judges of the circuit courts. Provided, whenever an additional circuit is created, such provision may be made as to hold the second election of such additional judge, at the regular election herein provided. Section 16. There shall be in each county a court to be called a county court. Section 17. One county judge shall be elected by the qualified voters of each county, who shall hold his office for four years, and until such successor is elected and qualified. Section 18. The jurisdiction of said court shall extend to all probate and such other jurisdiction as the General Assembly may confer in civil cases, and such criminal cases as may be prescribed bylaw where the punishment is by fine only, not exceeding one himdred dollars. Board of School Inspectors of the City of Peoria v. People, 20 III, 525. Section 19. The county judge, with such justices of the peace in each county as may be designated by law, shall hold terms for the CONSTITUTION OF 1848 75 transaction of county business, and shall perform such other duties as the General Assembly shall prescribe. Provided, the General Assembly may require, that two justices to be chosen by the quali fied electors of each county shall sit with the county judge in all cases; and there shall be elected quadrennially in each cOunty, a clerk of the county court, who shall be ex officio recorder, whose compensation shall be fees. Provided, the General Assembly may by law, make the clerk of the circuit court exofficio recorder, in lieu of the county clerk. Section 30 The General Assembly shall provide for the com pensation of the county judge. Section 31. The clerks of the supreme and circuit courts, and state's attorneys shall be elected at the first special election for judges. The second election for clerks of the supreme court, shall be held on the first Monday of June, 1855, and every sixth year thereafter. The second election for clerks of the circuit courts and state's attorneys shall be held on the Tuesday next after the first Monday of November, 1853, and every fourth year thereafter. Section 33. All judges and state's attorneys shall be commis sioned by the governor. Section 23. The election of all officers, and the filling of aU vacancies that may happen by death, resignation or removal, not otherwise directed or provided for by this constitution, shall be made in such manner as the General Assembly shall direct, pro vided that no such officer shall be elected by the General As sembly. Bunn et al v. People ex rel, 45 III, 397. Section 34. The General Assembly may authorize the judg ments, decrees and decisions of any local, inferior court of record, of original, civil or criminal jurisdiction, established in a city, to be removed for revision, directly into the supreme court. Section 35. County Judges, clerks, sheriffs, and other county officers, for wilful neglect of duty, or misdemeanor in office shall be liable to presentment or indictment by a grand jury, and trial by a petit^" jury, and upon conviction, shall be removed from office. "In the original manuscript the word "petit" appears "pettit." 76 ILLINOIS HISTORICAL COLLECTIONS Section 36. All process, writs and other proceedings shall run in the name of "The people of the State of Illinois." All prose cutions 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." Donnelly v. People ex rel, 11 III, 552; McFadden v. Fortier, 20 III, 509; Leighton v. Hall, 31 III, 108. Section 27. There shall be elected in each county in this state, in such districts as the General Assembly may direct, by the quali fied electors thereof, a competent number of justices of the peace, "who shall hold their offices for the term of four years, and until their successors shall have been elected and qualified, and who shall perform such duties, receive such compensation, and exercise such jurisdiction as may be prescribed bylaw. People v. Maynard, 14 III, 419; in re James Welsh, 17 III, 161. Section 28. There shall be elected in each of the judicial cir cuits of this state, by the qualified electors thereof, one states attorney, who shall hold his office for the term of four years, and until his successor shall be commissioned and qualified, who shall perform such duties and receive such compensation as may be pre scribed by law. Provided, That the General Assembly may here after provide by law for the election by the qualified voters of each county in this state of one county attorney for each county, in lieu of the state's attorneys provided for in this section. The term of office, duties and compensation of which county attorneys shall be regulated by law. Section 29. The qualified electors of each county in this state shall elect a clerk of the circuit court, who shall hold his office for the term of four years, and until his successor shall have been elected and qualified, who shall perform such duties and receive such compensation as may be prescribed by law. The clerks of the supreme court shall be elected in each division by the qualified electors thereof, for the term of six years, and imtil their suc cessors shall have been elected and qualified; whose duties and compensation shall be provided bylaw. Section 30. The first grand division, for the election of Judges CONSTITUTION OF 1848 77 of the Supreme Court, shall consist of the counties of Alexander, Pulaski, Massac, Pope, Hardin, Gallatin, Saline Williamson, John son, Union, Jackson, Eandolph, Perry, Franklin, Hamilton, White Wabash, Edwards, Wayne, Jefferson, Washington, Monroe, Saint Clair, Clinton, Marion Clay, Eichland, Lawrence, Crawford, Jasper Effingham, Fayette, Bond, Madison, Jersey and Calhoun The Second grand division shall consist of the counties of Edgar, Coles, Moultrie Shelby, Montgomery, Macoupin, Green Pike Adams, Highland,^^ Hancock, McDonough, Schuyler Brown, Ful ton, Mason Cass Morgan Scott SangamoU) Christian Macon Piatt Champaign Vermilion De Witt Logan Menard Cumberland and Clark The Third grand division shall consist of the counties of Hen derson, Warren Knox Peoria Tazewell, Woodford, McLean Livings ton, Iroquois, WUl, Grundy Kendall Lasalle Putnam, Marshall, Stark, Bureau Henry Mercer Eock-Island Whiteside Lee Carroll Jo-Daviess, Stephenson Winebago, Ogle, De Kalb, Boone Kane McHenry Lake, Cook and Du Page. Section 31. The Terms of the Supreme Court for the first division shall be held at Mount Vernon in Jefferson County: for the second division, at Springfield in Sangamon County: for the third division at Ottawa in La Salle County, until some other place in either division is fixed by law Section 33. Appeals and writs of error may be taken from the Circuit Court of any county to the Supreme Court held in the division which includes such county, or with the consent of all the parties in the cause, to the Supreme Court, in the next adjoining division. Section 33. The foregoing districts may, after the taking of each census by the State be altered, if necessary, to equalize the said districts in population: but, such alteration shall be made, by adding to such districts such adjacent county or counties, as will make said district nearest equal in population — provided no such alteration shall affect the office of any judge then in office. '^ See ante, n. 7. 78 ILLINOIS HISTORICAL COLLECTIONS AETICLE VI On Elections and the Eight of Suffrage Section 1. In all elections every white male citizen, above the age of twenty one years, having resided in the state one year next preceding any election, shall be entitled to vote at such election; and every white male inhabitant of the age aforesaid, who may be a resident of the state at the time of the adoption of this constitution shall have the right of voting as aforesaid; but no such citiaen or inhabitant shall be entitled to vote except in the district or county in which he shall actually reside at the time of such election. Board of Supervisors et aZ. v: Davis et al, 63 III, 405. Section 3. All votes shall be given by ballot. Section 3. Electors shall in all cases, except treason, felony, or breach of the peace, be privilged from arrest during their attendance at elections, and in going to and returning from the same. Section 4. No elector shall be obhged to do militia duty on the days of election, except in time of war or public danger. Section 5. No elector shall be deemed to have lost his resi dence in this state by reason of his absence on the business of the United States, or of this state. Section 6. No soldier, seaman, or marine in the army or navy of the United States, shall be deemed a resident of this state in consequence of being stationed at any mihtary or naval place within the same. Section 7. No person shall be elected or appointed to any office in this state, civil or military, who is not a citizen of the United States, and who shall not have resided in this state one year next before the election or appointment. Section 8. The General Assembly shall have full power to pass laws excluding from the right of suffrage persons convicted of in famous crimes. Section 9. The General Elections shall be held on the Tuesday next after the first Monday of November, biennially, until other wise provided by law. People ex rel. v. Garner et al., 4? III., 246. CONSTITUTION OF 1848 79 AETICLE VII Of Counties Section 1. No new county shall be formed or established by the General Assembly which will reduce the county or counties or either of them from which it shall be taken to less contents than four 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. People ex rel. v. Marshall, 12 III, 391. Section 3. No county shall be divided or have any part stricken therefrom without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county voting on the question, shall vote for the same. People ex rel v. Marshall, 12 III, 391; Rock Island County v. Sage, 88 III, 582. Section 3. AU territory which has been, or may be stricken off by legislative enactment, from any organized county or counties for the purpose of forming a new county and which shall remain un organized after the period provided for such organization, shall be and remain a part of the county or counties from which it was originally taken, for all purposes of county and state government, until otherwise provided by law. Section 4 There shall be no territory stricken from any county unless a majority of the voters living in such territory shall peti tion for such division, and no territory shall be added to any county without the consent of a majority of the voters of the county to which it is proposed to be added. People ex rel v. Marshall, 12 III, 391; Rock Island County v. Sage, 88 III, 582. Section 5. No county seat shall be removed until the point to which it is proposed to be removed, shall be fixed by law, and a majority of the voters of the county shall have voted in favor of its removal to such point. People ex rel. v. Marshall, 12 III, 391; People ex rel. v. Warfleld, 20 III, 159; People ex rel v. Wiant, 48 III, 263. Section 6. The General Assembly shall provide by a general law, for a township organization, under which any county may 80 ILLINOIS HISTORICAL COLLECTIONS organize, whenever a majority of the voters of such coimty at any general election shall so determine. And whenever any county shall adopt a township organization, so much of this constitution as provides for the management of the fiscal concerns of the said county, by the county court may be dispensed with and the affairs of said county may be transacted, in such manner as the General Assembly may provide. People v. Brown, 11 III, 479; People v. Couchman et al, 15 III, 142; Greeley et al. v. People, 60 III, 19; Leach v. People ex rel, 122 III, 420. Section 7. There shall be elected in each county in this state, by the qualified electors thereof, a sheriff, who shall hold his office for the term of two years, and until his successor shaU have been elected and qualified. Provided, no person shaU be eligible to the said office more than once in four years. AETICLE VIII Militia Section 1. The Militia of the state of Illinois shall consist of all free male able-bodied persons, negroes, mulattoes and Indians excepted, resident of the state, between the ages of eighteen and forty five years, except such persons as now are or hereafter may be exempted by the laws of the United States or of this State, and shall be armed, equipped, 'and trained as the General Assembly may provide by law. Section 3. No person or persons eonscientously scrupulous of bearing arms shall be compeUed to do militia duty in time of peace, provided such person or persons shall pay an equivalent for such exemption. Section 3. Company, battalion and regimental officers, staff officers excepted, shaU be elected, by the persons composing their several companies, battalions, and regiments. Section 4. Brigadier and Major Generals shall be elected by the officers of their brigades and divisions respectively. Section 5. All militia officers shall be commissioned by the Governor, and' may hold their commissions for such time as the Legislature may provide. CONSTITUTION OF 1848 81 Section 6. The militia shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at musters and elections of officers, and in going to, and returning from the same. AETICLE IX Of the Eevenue Section 1. The General Assembly may, whenever they shall deem it necessary, cause to be collected from all able-bodied, free, white male inhabitants of this state, over the age of twenty one years, and under the age of sixty years, who are entitled to the right of suffrage, a capitation tax of not less than fifty cents nor more than one dollar each. Town of Pleasant v. Kost, 29 III, 490; Fox v. City of Rockford, 38 III, 451. Section 2. The General Assembly shall provide for levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his or her property; such value to be ascertained by some person or persons to be elected or appointed in such maimer as the General Assembly shall direct, and not otherwise; but the General Assembly shall have power to tax ped lars, auctioneers, brokers, hawkers, merchants, commission mer chants, showmen, juggles, innkeepers. Grocery keepers, toll-bridges and ferries, and persons using and exercising franchises, and privileges in such manner as they shall from time to time direct. People V. Worthlngton, 21 III, 171; City of Chicago v. .Lamed et al, 34 III, 203; People v. Bradley et al, 39 III, 130; but see Bradley v. People, 4 Wallace (71 U. 8.), 459; City of Ottawa v. Spencer et aJ., 40 III, 211; Board of Supervisors of Bureau County V. Chicago, Burlington, and Quincy Railroad Company, 44 I^t, 229; Scammon et al. v. City of Chicago, 44 III, 269; People ex rel. v. Salomon, 46 III, 333; City of East St. Louis v. Wehrung, 46 III, 392; City of Dunleith v. Reynolds, Saulpaugh, and Company, 53 III, 45; Primm et al v. City of Belleville et al, 59 III, 142; Town of Lebanon et al v. Ohio and Mississippi Railway Company, 77 III, 539. Section 3. The property of the state and counties both real and personal, and such other property as the General Assembly 82 ILLINOIS HISTORICAL COLLECTIONS may deem necessary for school, religious, and charitable purposes, may be exempted from taxation. People ex rel. v. Barger, 62 III, 452; Northwestern University V. People ex rel, 86 III, 141; City of Chicago v. Baptist Theological Union, 115 III, 245. Section 4. Hereafter no purchaser of any land or town lot, at any sale of lands or town lots, for taxes due either to this state or any county, or incorporated town or city within the same; or at any sale for taxes^^ or levies authorized by the laws of this state, shaU be entitled to a deed for the lands or town lot so purchased imtil he or she have complied with the following conditions, to wit : such purchaser shall serve or cause to be served a written notice of such purchase on every person in possession of such land or town lot, three months before the expiration of the time of redemption on such sale; in which notice he shall state when he purchased the land or town lot, the description of the land or lot he has pur chased, and when the time of redemption will expire. In like manner he shall serve on the person or persons in whose name or names such land or lot is taxed a similar written notice, if such person or persons^^ shaU reside in the county where such land or lot shall be situated; and in the event that the person or persons in whose name or names the land or lot is taxed do not reside in the county, such purchaser shall publish such notice in some newspaper printed in such county; and if no newspaper is printed in the county, then in the nearest newspaper that is published in this state to the county in which such lot or land is situated; which notice shall be inserted three times, the last time not less than three months, before the time of redemption shall expire. Every such purchaser by himself or agent, shall, before he shall be en titled to a deed, make an affidavit of his having complied with the conditions of this section, stating particularly the facts relied on, as such compliance ; which affidavit shall be delivered to the person authorized by law to execute such tax deed, and which shall by him be filed with the officer having custody of the records of lands and lots sold for taxes and entries of redemption in the county where "In the original manuscript the word "taxes" appears "taxies." '»In the original manuscript the word "persons" appears "person." CONSTITUTION OF 1848 83 such land or lot shall lie, to be by such officer entered on the records of his office and carefully preserved among the files of his office, and which record or afiidavit shall be prima facie evidence that such notice has been given. Any person swearing falsely in such affidavit shall be deemed guilty of perjury and punished accord ingly. In case any person shall be compelled under this section to publish a notice in a newspaper, then, before any person who may have a right to redeem such land or lot from such tax sale, shall be permitted to redeem, he or she shall pay the officer or person, who by law is authorized to receive such redemption money, the printer's fee for publishing such notice, and the expenses of swearing or affirming to the affidavit, and filing the same. Weer v. Hahn, 15 III, 298; Williams v. Underbill, 58 III, 137. Section 5. The corporate authorities of counties, townships, school districts, cities, towns and villages may be vested with power to assess and collect taxes for corporate purposes, such taxes to be uniform in respect to persons and property, within the jurisdiction of the body imposing the same. And the General Assembly shall require that all the property within the limits of municipal cor porations belonging to individuals shall be taxed for the payment of debts contracted imder authority of law. Shaw V. Dennis, 5 Gilman (10 III), 405; Merritt et al v. Farrlss et aZ., 22 III, S03; Johnson v. County of Stark, 24 III, 75; City of Chicago V. Larned et al, 34 111, 203; but see White v. People ex rel, 94 III, 604; President and Trustees of the Town of Keithsburg V. Frick, 34 III, 405; Taylor v. Thompson et al., 42 III, 9; Board of Supervisors of Bureau County v. Chicago, Burlington, and Quincy Railroad Company, 44 IT^t, 229; Scammon et al. v. City of Chicago, 44 III, 269; City of East St. Louis v. Wehrung, 46 III, 392; People et al. v. Salomon, 51 III, 37; Harward et al. v. St. Clair and Monroe Levee and Drainage Company et al, 51 III, 130; Wider et al v. City of East St. Louis et al, 55 III, 133; Gage et al. V. Graham et al, 57 III, 144; County Court of Madison County v. People ex rel, 58 III, 456; Primm et al v. City of Belleville et al, 59 III, 142; Marshall et al. v. Silliman et al, 61 III, 218; Board of Supervisors of Livingston County v. Welder, 64 III, 427; Sherlock et al V. Village of Winnetka, 68 III, 530. Section 6. The specifications of the objects and subjects of taxation shall not deprive the General Assembly of the power to 84 ILLINOIS HISTORICAL COLLECTIONS require other objects or subjects' to be taxed in such manner as may be consistent with the principles of taxation fixed in this consti tution. AE'nCLB X Corporations Section 1. Corporations not possessing banking powers or privileges, may be formed under general laws, but shall not be created by special acts, except for municipal purposes, and, in cases where, in the judgment of the General Assembly, the objects of the corporation cannot be attained under general laws. Johnson v. Joliet and Chicago Railroad Company, 23 III, 202. Section 2 Dues from corporations not possessing banking powers or privUeges shall be secured by such individual UabiUties of the corporators, or other means, as may be prescribed by law. Arenz v. Weir, 89 III, 25; Diversey v. Smith, 103 III, 378. Section 3. No state bank shall hereafter be created nor shaU the state own or be liable for, any stock in any corporation or joint stock association for banking purposes to be hereafter created. Section 4 The stockholders in every corporation, or joint stock association for banking purposes, issuing bank notes, or any kind of paper credits to circulate as money, shall be individually responsible to the amount of their respective share or shares of stock in any such corporation or association for all its debts and liabilities of every kind. People ex rel v. Loewenthal et al, 93 III, 191. Section 5 No aet of the General Assembly authorizing cor porations or associations with banking powers, shall go into effect, or in any manner be in force unless the same shall be submitted to the people at the General Election next succeeding the passage of the same, and be approved by a majority of aU the votes cast at such election for and against such law. Smith v. Bryan, 34 III, 364; People ex rel. v. Loewenthal et al, 93 III, 191. Section 6 The General Assembly shall encourage Intemal Improvements, by passing liberal general laws of incorporation for that purpose. CONSTITUTION OF 1848 85 AETICSLE XI Commons All lands which have been granted as a "common" to the inhabi tants of any town, hamlet, village or corporation by any person, body politic or corporate, or by any government having power to make such grant, shall forever remain common to the inhabitants of such town, hamlet, village or incorporation; but the said com mons or any of them, or any part thereof may be divided, leased, or granted, in such manner as may hereafter be provided by law, on petition of a majority of the qualified voters interested in such commons or any of them. Stead et al. v. President and Trustees of the Commons of Kas kaskia, 243 III, 239; Land Commissioners v. President and Trus tees of the Commons of Kaskaskia et al, 249 III, 578. AETICLB XII Amendments to the Constitution Section 1. Whenever twothirds of all the members elected to each branch of the General Assembly shall think it necessary to alter or amend this constitution, they shaU recommend to the elec tors at the next election of members of the General Assembly to vote for or against a convention; and if it shall appear that a majority of all the electors of the state voting for representatives have voted for a convention, the General Assembly shall, at their next session call a convention to consist of as many members as the House of Eepresentatives at the time of making said call, to be chosen in the same manner, at the same place, and by the same electors in the same districts that chose the members of the House of Eepresentatives, and which convention shaU meet within three months after the said election for the purpose of revising, altering or amending this constitution. Section 3. Any amendment or amendments to this constitu tion may be proposed in either branch of the General Assembly, and if the same shall be agreed to by two-thirds of all the members elect in each of the two Houses, such proposed amendment or amendments shall be referred to the next regular session of the 86 ILLINOIS HISTORICAL COLLECTIONS General Assembly, and shall be published at least three months previous to the time of holding the next election for members of the House of Eepresentatives, and if, (at the next regular session of the General Assembly after said election) a majority of all the members elect in each branch of the General Assembly shall agree to said amendment or amendments, then it shall be their duty to submit the same to the people at the next general election for their adoption or rejection in such manner as may be prescribed by law, and if a majority of all the electors voting at such election for members of the House of Eepresentatives shall vote for such amend ment or amendments, the same shall become a part of the constitu tion. But the General Assembly shall not have power to propose an amendment or amendments to more than one article of the constitution at the same session. AETICLE XIII That the general, great and essential principles of liberty, and free government may be recognized and unalterably established. We Declare: Section 1. That all men are born equally free and independ ent, and have certain inherent and indefeasible rights; among which are those of enjoying and defending life and liberty, and of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness. Hone V. Ammons, 14 III, 29; Lane v. Soulard et al, 15 III, 123; Rodney v. Illinois Central Railroad Company, 19 III, 42; People ex rel. v. Turner, 55 III, 280. Section 3 That all power is inherent in the people, and all free govemments are founded on their authority, and instituted for their peace, safety and happiness. Section 3. That all men have a natural and indefeasible right to worship Almighty Gk>d according to the dictates of their own consciences ; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can in any case whatever control or interfere with the rights of conscience, and CONSTITUTION OF 1848 87 that no preference shall ever be given by law to any religious establishments or modes of worship. Central Military Tract Railroad Company v. Rockafellow, 17 m., 541. Section 4 That no religious test shall ever be required as a qualification to any office, or puhlic trust under this state. Section 5 That aU elections shall be free and equal. Section 6 That the right of trial by jury shall remain invio late, and shall extend to all cases at law, without regard to the amount in controversy. Ross v. Irving, I4 HI, 171; Johnson v. Joliet and Chicago Rail road Company, 23 III, 202; Hopkins v. Ladd, 35 III, 178; Ware v. Nottinger, 35 III, 375; Bullock v. Geomble, 45 III, 218. Section 7. That the people shaU be secure in their persons, houses, papers, and possessions from unreasonable searches and seizures, and that general warrants whereby an officer may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly^* described and supported by evidence, are dangerous to liberty, and ought not to be granted. Section 8. That no freeman shall be imprisoned or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any maimer deprived of his life, liberty or property, but by the judgment of his peers, or the law of the land. Harding v. Butts, 18 III, 502; Newland v. Marsh, 19 111, 376; Rose et al. v. Sanderson, 38 111, 247; Nesbitt v. Trumbo et al, 39 ni, 110; Hunter v. Hatch, 45 III, 178; Darst et aZ. v. People, 51 III, 286. Section 9. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel, to demand the nature and cause of the accusation against him; to meet the witnesses face to face; to have compulsory process to compel the attendance of witnesses in his favor; and in prosecutions by indictment or information, a speedy public trial by an impartial jury of the county or district wherein the offence shall be committed, which "In the original manuscript the word "particularly" appears "par- ticulary." —9 H c 88 ILLINOIS HISTORICAL COLLECTIONS county or district shall have been previously ascertained by law; and that he shall not be compelled to give evidence against himself. Morton v. People, 47 III, 468. Section 10. No person shall be held to answer for a criminal offence unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia when in actual service in time of war or pubUc danger. Provided, that justices of the peace shall try no person, except as a court of in quiry, for any offence punishable with imprisonment or death, or fine above one hundred dollars. Section 11. No person shall, for the same offence, be twice put in jeopardy of his life or limb; nor shall any man's property be taken or applied to public use, without the consent of his represen tatives in the General Assembly, nor without just compensation being made to him. Johnson v. Joliet and Chicago Railroad Company, 23 HI, 202; Nevins v. City of Peoria, 41 111, 502; Guedel v. People, 43 HI, 226; City of Bast St. Louis v. St. John, 47 III, 463; People ex rel. «. Williams, 51 III, 63; but see Townsend v. Chicago and Alton Rail road Company, 91 III, 545; Wilson v. Rockford, Rock Island, and St. Louis Railroad Company, 59 III, 273; Hoag v. Switzer et al, 61 III, 294. Section 13. Every person within this state ought to find a certain remedy in the laws, for all injuries or wrongs which he may receive in his person, property or character; he ought to obtain right and justice freely and without being obliged to purchase it completely and without denial, promptiy and without delay, con formably to the laws. Reed et al v. Tyler et al, 56 III, 288. Section 13. That all persons shall be bailable by sufficient sureties, unless for capital offences where the proof is evident, or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless, when in cases of rebellion or invasion, the public safety may require it. Section 14. AU penalties shaU be proportioned to the nature of the offence, the true design of all punishment being to reform, not to exterminate mankind. CONSTITUTION OF 1848 89 Section 15. No person shall be imprisoned for debt, unless upon refusal to deUver up his estate for the benefit of his credi tors, in such manner as shall be prescribed by law, or in cases where there is strong presmnption of fraud. McKIndley et al. v. Rising, 28 III, 337; Strode v. Broadwell, 36 III, 419; Wightman v. Wightman, 45 III, 167; Parker v. Follens- bee, 45 III, 473. Section 16. There shaU be neither slavery nor involuntary servitude in this state, except as a punishment for crime, whereof the party shall have been duly convicted. Rodney v. Illinois Central Railroad Company, 19 111, 42; Nelson v. People, 33 III, 390. Section 17. No expost facto law, nor any law impairing the obligation of contracts shall ever be made, and no conviction shall work corruption of blood or forfeiture of estate. Ohio and Mississippi Railroad Company v. McClelland, 25 III, 140; Bruffett el al v. Great Western Railroad Company of 1859, 25 III, 353; Neustadt and the City of La Salle v. Illinois Central Railroad Company, 31 III, 484; Parmelee et al. ¦;;. Lawrence, 48 III. 331. Section 18. That no person shall be liable to be transported out of this state for any offence committeed within the same. Section 19. That a frequent recurrence to the fundamental principles of civil government is aboslutely necessary to preserve the blessings of liberty. Section 20. The mihtary shaU be in strict subordination to the dvU power. Section 21. That the people have a right to assemble together in a peaceable manner to consult for their common good, to in struct their representatives, and to apply to the General Assembly for redress of grievances. Section 23. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in manner prescribed by law. Section 33. The printing presses shall be free to every person who undertakes to examine the proceedings of the General Assem bly, or of any branch of government, and no law shall ever be made to restrain the right thereof. The free communication of thoughts 90 ILLINOIS HISTORICAL COLLECTIONS and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. Section 34. In prosecutions for the publication of papers in vestigating the official conduct of officers, or of men acting in a pubhc capacity, or when the matter pubUshed is proper for pubUc information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right of deter mining both the law and the fact, under the direction of the court as in other cases. Section 35. Any person who shall after the adoption of this constitution, fight a duel, or send or accept a challenge for that purpose, or be aider or abetter in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this state, and shall be punished otherwise in such manner, as is, or may be prescribed by law. Section 36 That from and after the adoption of this constitu tion, every person who shall be elected or appointed to any office of profit, trust or emolument, civil or military, legislative, executive or judicial, under the government of this state, shall before he enters upon the duties of his office in addition to the oath pre scribed in this constitution take the following oath : "I do solemnly swear (or affirm as the case may be) that I have not fought a duel, nor sent or accepted a challenge to fight a duel, the probable issue of which might have been the death of either party, nor been a second to either party, nor in any manner aided or assisted in such duel, nor been knowingly the bearer of such challenge or acceptance, since the adoption of the constitution; and that I will not be so engaged, or concerned, directly or indi rectly, in or about any such duel, during my continuance in office. So help me God." SCHEDULE That no inconvenience may arise from the alterations and amendments made in the constitution of this state, and to carry the same into complete effect, it is hereby ordained and declared : — Section 1. That all laws in force at the adoption of this con stitution, not inconsistent therewith, and all rights, actions, prose- CONSTITUTION OF 1848 91 cutions, claims and contracts of this state, individuals, or bodies corporate, shall continue and' be as valid as if this constitution had not been adopted. Wood V. Blanchard, 19 III, 38. Section 2. That all fines, penalties and forfeitures, due and owing to the state of Illinois, under the present constitution and laws, shall enure to the use of the people of the state of UUnois under this constitution. Section 3. Eecognizances,^^ 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 misdemeanors shall be tried and punished as though no change had been made in the constitution of the State. Section 4. That "Article 11" entitled "Commons" is hereby adopted as a part of the constitution of this state, without being submitted to be voted upon by the people. Section 5. That at the first election fixed by this constitution for the election of Judges, there shall be elected one circuit Judge in each of the nine judicial circuits now established in this state. Section 6. The County Commissioner's Courts and the pro bate justices of the several counties shall continue in existence and exercise their present jurisdiction until the county court provided in this constitution is organized in pursuance of an act of the General Assembly to be passed at its first session. Section 7. That the clerk of the circuit court in each county fixed by this constitution as the place for holding the supreme court, exeept in the county of Sangamon, shall be exofficio clerk of the supreme court, until the clerks of said court shall be elected and qualified, as provided in this constitution, and all laws now in force, in relation to the clerk of the Supreme Court shall be applicable to said clerks and their duties. Section 8. That the sheriffs, state attorneys, and all other "^ In the original manuscript the word "recognizances" appears "re- cgnlzances." 93 ILLINOIS HISTORICAL COLLECTIONS officers elected under this constitution shall perform such duties as shall be prescribed by law. Section 9. That the oaths of office herein required to be taken may be administered by a justice of the peace, until otherwise provided by law. Section 10. That this constitution shaU be submitted to the people for their adoption or rejection, at an election to be held on the first Monday in March A D 1848, and there shall also be sub mitted for adoption or rejection, at the same time, the separate articles in relation to the emigration of colored persons, and the pubhc debt. Section 11. That every person entitled to vote for members of the General Assembly, by the constitution and laws now tn force, shaU on the first Monday in March A D 1848, be entitled to vote for the adoption or rejection of this constitution and for and against the aforesaid articles separately submitted and the said qualified electors shall vote in the counties in which they respectively reside, at the usual places of voting, and not elsewhere, and the said election shall be conducted according to the laws now in force in relation to the election of Governor, so far as applicable, except as is herein otherwise provided. Section 13. That the poll-book to be used at said election shall as nearly as practicable, be in the foUowing form, to wit; Poll-book of an election held at precinct in the coimty of on the first Monday of March A D 1848 for the adoption or rejection of the constitution, and the separate articles submitted; Names of the voters Adoption of con stitution Rejection of con stitution For the article in rela tion to colored persons Against the art icle in relation to colored persons For the article for the two mill tax Against the article for the two mill tax A B 1 1 2 1 2 1 2 1 3 3 Section 13. That the returns of the votes for the adoption or CONSTITUTION OF 1848 93 rejection of this constitution, and for and against the separate articles submitted, shall be made to the secretary of state, within fifty days after the election, and the returns of the vote shall, within five days thereafter be examined and canvassed by the Auditor, Treasurer, and Secretary of State or any two of them in the presence of the Governor, and proclamation shall be made by the Governor forthwith, of the result of the polls. If it shall appear, that a majority of all the votes polled, are for the adoption of this constitution, it shall be the supreme law of the land, from and after the first day of April A D 1848, but if it shall appear that a majority of the votes polled were given against the consti tution, the same shall be null and void. If it shall further appear that a majority of the votes polled shall have been given for the separate article in relation to colored persons, or the article for the two mill tax, then said article or articles shall be and form a part of this constitution, otherwise said article, or articles shall be null and void. Section 14. That if this constitution shall be ratified by the people, the Governor shall forthwith, after having ascertained the fact, issue writs of election, to the sheriffs of the several counties in this state, or in case of vacancy, to the coroners, for the election of aU the officers, the time of whose election is fixed by this consti tution or schedule, and it shall be the duty of said sheriffs or coroners to give at least twenty days notice of the time and place of said election, in the manner now prescribed by law. Section 15. The General Assembly shall at its first session after the adoption of this constitution provide by law for the mode of voting by baUot and also for the manner of returning, canvass ing and certifying the number of votes cast at aiiy election and untU said law shaU be passed, all elections shall be viva voce, and the laws now in force regulating elections shall continue in force until the General Assembly shall provide otherwise as herein directed. Section 16. That the first General Election of Governor, Sec retary of State, Auditor, Treasurer, and members of the General Assembly, and of such other officers as are to be elected at the same time, shaU be held on the first Monday of August 1848, anything 94 ILLINOIS HISTORICAL COLLECTIONS in this constitution to the contrary notwithstanding. County offi cers then elected shall hold their respective offices until their suc cessors are elected or appointed in conformity with laws hereafter enacted. Section 17. That returns of the election of justices of the Supreme and judges of the circuit courts. Secretary of State, Audi tor and Treasurer, shall be made and canvassed as is now provided by law for representatives in congress, and returns for members of the General Asseinbly and county officers, shall be made and canvassed as is now provided by law. Section 18. That all laws of the state of Illinois and aU official writings, and the executive, legislative and judicial proceedings, shall be conducted, preserved and published in no other than the English language. Section 19. On the first Monday in December one thousand eight hundred and forty eight, the term of office of judges of the Supreme Court, states attorneys, and of the clerks of the supreme and circuit courts shall expire, and on said day the term of office of the judges, states attorneys, and clerks elected under the pro visions of this constitution shall commence; the judges of the supreme court elected as aforesaid shall have and exerdse the powers and jurisdiction conferred upon the present judges of that court, and the said judges of the circuit courts, shaU have and exercise the powers and jurisdiction conferred upon the judges of those courts, subject to the provisions of this constitution. Section 30. On the first Monday of December one thousand eight hundred and forty eight, jurisdiction of all suits and proceed ings then pending in the present supreme court shall become vested in the supreme court established by this constitution and shall be finally adjudicated by the court where the same may be pending. The jurisdiction of all suits and proceedings then pend ing in the circuit courts of the several counties shall be vested in the circuit courts of said counties. Section 21. The Cook and Jo Daviess county courts shall continue to exist, and the judge and other officers of the same remain in office until otherwise provided by law. Section 23. Until otherwise provided by law, the terms of the CONSTITUTION OF 1848 95 supreme court shall be held as follows. In the first division, on the first Monday of December A D 1848, and annually thereafter. In the second division on the third Monday of December A D 1848, and annually thereaiter. In the third division on the first Monday of February A D 1849, and annually thereafter. The sheriffs of Jefferson, and LaSalle counties shall perform the same duties and receive the same compensation as is required and pro vided for the sheriff of Sangamon county, until otherwise provided by law. Section 33. Nothing in this constitution shall prevent the General Assembly from passing such laws in relation to the appren ticeship of minors during their minority, as may be necessary and proper. Section 34. That the General Assembly shall pass all laws necessary to carry into effect the provisions of this constitution. Section 25. Elections of judges of the supreme, and circuit courts, shall be subject to be contested. Section 26. Contested elections of judges of the supreme court shall be tried by the senate and of judges of the circuit court, by the supreme court, and the General Assembly shall prescribe the manner of preceeding therein." " In the original manuscript immediately after section 26 there appears the following: "Note — The following interlineations and erasures were made he fore the signing. Art. 3 Sec. 11. The word 'at' interlined. 13 The word 'fair' erased. 15 The word 'the' inserted. 40 The word 'Johnson' inserted, 'seventh' made 'seventeenth,' 'two' stricken out and 'one' in serted. Art. 4 Sec. 2 The word 'the' inserted. 3 The figures '1859' made '1849.' 21 The word 'shall' inserted. 29 The word 'provided' erased. 32 The word 'the' inserted. Art. 8 Sec. 2. The words 'or persons' inserted. 9 2 The word 'grocery keepers' inserted. 4 The words 'or names' and the word 'such' In serted. 96 ILLINOIS HISTORICAL COLLECTIONS Done tn Convention, at the Capitol, in the City of Springfield, on the thirty first day of August, in the year of our Lord one thousand eight hundred and forty seven, and of the Independence of the United States of America, the seventy second. In witness whereof we have hereunto subscribed our names : Newton Cloud President of the Convention, and member of the Convention from the County of Morgan. Augustus Adams George W. Akin WiUis Allen Samuel Anderson Wm E. Archer Geo W. Armstrong Martin Atherton George Bunsen witness Horace Butler James M Campbell Thompson Campbell John Canady F. L. Casey Z Casey Charles Choate Selden. M. Chureh Alfred ChurchiU Eben F Colby Charles Henry Constable P. BaUingaU Montgomery Blair Wm. H. Blakely Ben : Bond Wm. Bosbyshell James Brockman Geo. T. Brown WilUam B. Green David L. Gregg Wm A Grimshaw A. C. Harding J. Harlan J. Harper C. K. Harvey Jeduthun Hatch Nelson Hawley Daniel Hay S. Snowden Hayes Eeuben B. Heacock 12 13 Schedule sec. 1 38 26 3 Separate Art 15 The word 'general' stricken out, and the words 'members of the' inserted. The word 'protecting' inserted. The word 'right' inserted. The words 'liberty or property' inserted. The words 'been' and 'in' inserted. The words 'and all crimes and misdemeanors shall he tried and punished' inserted. The words 'except in the county of Sangamon shall be ex ofiicio clerk of the Supreme Court' Inserted. The words 'other than Canal and School In debtedness' inserted." CONSTITUTION OF 1848 97 John Grain Eobert J. Cross Samuel. J. Cross M. G. Dale David Davis James M Davis Thos. G. C. Davis John Dawson P. W. Deitz John Dement James Dunlap H E. Dummer Harvey Dum Daniel Dunsmore Joseph T. Eocles J. Wm. F. Edmonson Cyrus Edwards Ninian W. Edwards Edward Evey Seth B FarweU Fred'k Frick James Graham Thomas Geddes Henry E Green Peter Green George B Lemen Isaac Linley Sam Drake Lockwood Stephen T. Logan Jno. Tinen Loudon Andrew McCallen John McCuUey Wm. MClure A McHatton Uri Mauley David. Markley Franklin S D Marshall Hugh Henderson George W HiU Abraham Hoes James M Hogue WiUiam. H. Holmes Saml. Hunsaker Stephen. A. Hurlbut John Huston Aaron C Jackson J A James A. M. Jenkins Humphrey B Jones Thomas Judd A E Kenner Simon Kinney Wm. C Kinney AKred KitcheU Augustus E. Knapp Nat: Morse Knapp Lincoln B. Knowlton James Knox George Kreider Saml. Lander James. M. Lasater William Laughlin Benaiah Eobinson W. W Eoman Hiram Eountree Walter B. Scates E. B. Servant William Shields Dorice Dwight Shumway John Sibly Wm. Sim Lewis J. Simson E 0 Smith J. Smith 98 ILLINOIS HISTORICAL COLLECTIONS T. A Marshall John West Mason James H. Matheny John Mieure E MiUer Wm A Minshall Garnet Moffet William S. Moore E G Morris J. M. Nichols B. F. Northcutt Jesse 0. Norton John Oliver G. W. Pace Henry D. Palmer John M Palmer Onslow Peters D. J. Pinckney Wm. B. Powers 0. C. Pratt George W. Eives Ezekiel Wright Eobbins Attest : Henry W. Moore, Secretary. Harman G. Eeynolds, Ast. Secretary. ARTICLE XIV The General Assembly shall at its first session under the amended constitution pass such laws as will effectually prohibit free persons of color from immigrating to and settling in this state, and to effectually prevent the owners of slaves from bringing them into this state, for the purpose of setting them free. Nelson v. People, 33 III, 390. ARTICLE XV There shall be annually assessed and collected in the same man ner as other state revenue may be assessed and collected, a tax of John. W. Spencer Wm Stadden Hurlburt Swan Wm Thomas Wm. W. Thompson Anthony Thornton Thos. B. Trower Gilbert TumbuU Oaks Turner Wm Tutt James Tuttle John W. Vance Zenas H Vernor Hezekiah M Wead T E Webber Edw. M. West Archibald WUliams FrankUn Witt John Davis Whiteside Daniel Hilton Whitney David Meade Woodson L B Worcester CONSTITUTION OF 1848 99 two mUls upon each dollar's worth of taxable property, in addi tion to all other taxes, to be apphed as follows, towit ; the fund so created shaU be kept separate, and shall, annually, on the first day of January, be apportioned and paid over pro rata upon all such state indebtedness,, other than canal and school indebtedness, as may for that purpose be presented by the holders of the same, to be entered as credits upon, and, to that extent, in extinguishment of the principal of said indebtedness. People ex rel. v. Auditor, 12 III, 307; Marine Bank of Chicago V. Auditor of State, 14 III, 185; People v. Dubois, 19 Iii, 223; People ex rel. v. Auditor, 30 III, 434. Adopted by the Convention, August 31st, 1847. Newton Cloud, President. Henry W. Moore, Secretary. Harman G Eeynolds, Ast. Secretary. CONSTITUTION OF 1870 CONSTITUTION OF THE STATE OF ILLINOIS Adopted in Convention at Springfield, May 13th, A. D. 1870^ PREAMBLE We, the people of the State of Illinois — ^grateful to Almighty God for the civil, political and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to suc ceeding generations — in order to form a more perfect government, estabUsh justice, insure domestic tranquility, provide for the com mon defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity; do ordain and establish this Constitution for the State of Illinois. AETICLE I Boundaries The boimdaries and jurisdiction of the State shall be as follows, to-wit: Beginning at the mouth of the Wabash river; thence up the same, and with the line of Indiana, to the 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 north latitude forty-two degrees and thirty minutes ; thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river along its northwestern shore to the place of beginning: Provided, that this State shall exercise such juris diction upon the Ohio river as she is now entitled to, or such as •Ratified by the people, July 2, 1870. In force, August 8, 1870. Amendments were adopted in 1878, 1880, 1884, 1886, 1890, 1904, and 1908. 103 —10 H C 104 ILLINOIS HISTORICAL COLLECTIONS may hereafter be agreed upon by this State and the State of Kentucky. state of Iowa v. State of Illinois, 147 U. S., 1; Keokuk and Hamil ton Bridge Company v. People, 176 III, 267. AETICLE II BiU 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, governments are instituted among men, deriving their just powers from the consent of the gov erned. Section 2. No person shall be deprived of Ufe, liberty or prop erty, without due process of law. Munn V. People, 69 III, 80; 94 U. S., 113; Millett v. People, 117 III, 294; Frorer et al v. People, 141 III, 171, and see Kellyville Coal Company v. Harrier, 207 III, 624; Ritchie v. People, 155 HI., 98; Ritchie and Company et al. v. Wayman et al., 244 IU., 509; People V. Elerding, 254 IU., 579; Off and Company v. Morehead, 235 III, 40; City of Chicago v. Wells, 236 III, 129; Massie v. Cessna, 239 III, 352; People v. Stokes, 281 III, 159; Josma v. W^estem Steel Car and Foundry Company, 249 III, 508; Kelly et al. v. Johnson et aZ., 251 III, 135; City of Chicago v. Gage et al, 268 III, 232; Board of Administration v. Miles, 278 III, 174; see article iv, sec tion 22, clause 23. Section 3. The free exercise and enjoyment of religious pro fession and worship, without discrimination, shaU forever be guaranteed; and no person shall be denied any civU or poUtical right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shaU 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. CONSTITUTION OF THE STATE OF ILLINOIS 105 North V. Board of Trustees of the University of Illinois, 137 III, 296; People ex rel. v. Board of Education, 245 III, 334; Reichwald V. Catholic Bishop of Chicago et aZ., 258 III, 44; see article vm, section 3. Section 4. Every person may freely speak, write and publish on aU subjects, being responsible for the abuse of that liberty; and in all trials for Ubel, both civU and criminal, the truth, when pub lished with good motives and for justifiable ends, shall be a suffi cient defense. Storey v. People, 79 III, 45; People v. Fuller, 238 III, 116. Section 5. The right of trial by jury as heretofore enjoyed, shall remain inviolate; but the trial of civil cases before justices of the peace, by a jury of less than twelve men, may be authorized by law. Ward V. Farwell et al, 97 III, 593; Commercial Insurance Com pany V. Scammon, 123 III, 601; George v. People, 167 III, 447; People ex rel v. Kipley et al, 171 III, 44; Paulsen v. People, 195 m, 507; Larkins v. Terminal Railroad Association of St. Louis, 221 III, 428; Mclntyre v. People ex rel, 227 III, 26; People ex rel V. Mayor and Common Council of Alton, 233 III, 542; Standidge v. Chicago Railways Company, 254 m., 524; People ex rel. Thrashei? V. Smith, 275 III, 256; Illinois Life Insurance Company v. Prentiss, 277 ni, 383. Jury of six in civil cases before justices of the peace: Hermanek V. Guthmann et al, 179 III, 563; see article n, section 13 (jury trial) ; and article xi, section 14. Section 6. The right of the people to be secure in their per sons, houses, papers and effects against unreasonable searches and seizures, shaU not be violated; and no warrant shall issue without probable cause, supported by affidavit, particularly describing the place to be searched, and the persons or things to be seized. Langdon v. People, ISS III, 382; Lippman v. People, 175 III, 101; Swedish-American Telephone Company et al. v. Fidelity and Cas ualty Company of New York, 208 III, 562; People ex rel. v. Steward et al, 249 III, 311; People v. Clark, 280 III, 160; People v. Honaker 281 III, 295. Section 7. All persons shall be bailable, by sufficient sureties, except for capital offenses, where the proof is evident or the pre- 106 ILLINOIS HISTORICAL, COLLECTIONS sumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebelUon or in vasion the public safety may require it. Section 8. No person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army and navy, or in the miUtia when in actual service in time of war or public danger : Provided, that the grand jury may be abolished by law in all cases. People ex rel v. Kipley et aZ., 171 III, 44; People v. Glowacki, 236 III, 612; People v. Russell, 245 III, 268. Section 9. In aU criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel; to de mand the nature and cause of the accusation, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. To be heard by counsel: White et al. v. People, 90 III, 117; Thompson v. People, I44 III, 378. Nature of accusation: West v. People, 137 III, 189; Cochran v. People, 175 III, 28; People v. Nolan, 250 III, 351. To meet witnesses face to face: Tucker v. People, 122 III, 583; Gillespie et al. v. People, 176 III, 238; see Starkey v. People, 17 III, 17. Speedy public trial: Weyrlch v. People, 89 III, 90; Marzen v. People, 190 III, 81; People v. Jonas, 234 HI, 56. Impartial jury: Spies et al. v. People, 122 III, 1 (262). Of the county or district: Weyrlch v. People, 89 III, 90; Buck- rice V. People, 110 III, 29; Watt v. People, 126 III, 9; City of Chicago V. Knobel, 232 III, 112; People ex rel. v. Rodenberg, 254 III, 386. Section 10. No person shall be compeUed in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense. Mlnters v. People, 139 III, 363; People v. Miner et al, I44 III, 308; Boone v. People, I48 III, 440; Dreyer v. People, 188 HI., 40;' CONSTITUTION OF THE STATE OF ILLINOIS 107 Paulsen v. People, 195 III, 507; People ex rel. v. Butler Street Foundry and Iron Company, 201 III, 236. 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. Chicago and Alton Railroad Company v. People ex rel, 67 111, 11; Chicago, Rock Island, and Pacific Railway Company v. People, 217 III, 164; Collins v. Metropolitan Life Insurance Company, 232 III, 37; Wall et al v. Pfanschmldt et al, 265 III, 180. Section 12. No person shaU be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shaU be prescribed by law; or in cases where there is strong presumption of fraud. Kennedy et al. v. People, 122 III, 649; Huntington v. Metzger, 158 III, 272; Barclay v. Barclay, 184 HI, 375. Section 13. Private property shall not be taken or damaged for public use without just compensation. Such compensation, when not made by the State, shaU be ascertained by a jury, as shaU be prescribed by law. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. Taking or damaging: Rigney v. City of Chicago, 102 III, 64; Commissioners of Highways of the Town of Burgess v. Hohmeyer, 279 III, 66. Public use: Gaylord v. Sanitary District of Chicago, 204 IU., 576. Just compensation: Carpenter v. Jennings et al, 77 III, 250; Caldwell et al. v. Commissioners of Highways, 249 III, 366. Jury trial: McManus v. McDonough et al, 107 III., 95; Wabash Railroad Company v. Coon Run Drainage and Levee District, 194 III, 310; Juvinall et al v. Jameshurg Drainage District, 204 HI, 106; see article ii, section 5 and article xi, section 14. Section 14. No ex post facto law, or law impairing the obh gation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed. Roby V. City of Chicago, 64 III, 447; Ruggles v. People, 91 HI, 256; Ford et al. v. Chicago Milk Shippers' Association 155 III., 166; Johnson v- People, 173 III, 131; Bradley v. Lightcap, 201 III, 511; Olsen v. People ex rel, 219 III, 40. 108 ILLINOIS HISTORICAL COLLECTIONS Section 15. The nulitary shaU be in strict subordination to the civil power. County of Christian v. Merrigan, 191 III., 484. Section 16. No soldier shaU, in time of peace, be quartered in any house without the consent of the owner; nor in time of war except in the manner prescribed by law. Section 17. The people have the right to assemble in a peace able manner to consult for the common good, to make known their opinions to their representatives, and to apply for redress of griev ances. Section 18. AU elections shall be free and equal. People ex rel. v. Hoffman et al, 116 III, 587; People ex rel v. Board of Election Commissioners of the City of Chicago, 221 HI, 9; Rouse v. Thompson, 228 HI, 522; see article vn, section 1. Section 19. Every person ought to find a certain remedy in the laws for aU injuries and vrrongs 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, com pletely and without denial, promptly and vrithout delay. Reed et al. v. Tyler et aZ., 56 III, 288; Senichka v. Lowe, 74 HI, 274; Douglas v. Hutchinson et aZ., 183 III, 323; see Bonney v. King et al, 201 III, 47. Section 20. A frequent recurrence to the fundamental prin ciples of civil government is aboslutely necessary to preserve the blessings of liberty. ARTICLE III Distribution of Powers The powers of the government of this State are divided into three distinct departments — the legislative, executive and judicial; and no person, or collection of persons, being one of these depart ments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted. City of Galesburg v. Hawkinson et al, 75 III, 152; People ex rel. V. Hoffman et al, 116 III, 587; George v. People, 167 III, 447; in re Day, 181 III, 73 ; City of Aurora v. Schoeberleln, 230 III, 496 ; Corre spondence between Governor and Judges of Supreme Court, 243 III, 9; People ex rel v. McCullough, 254 IU., 9; Witter v. County Com- CONSTITUTION OF THE STATE OF ILLINOIS 109 missioners of Cook County et al, 256 III, 616; People ex rel. v. Dunne et o?., 258 III, 441; see Field v. People ex rel, Z Scammon (S HI.), 79. AETICLB IV Legislative Department Section 1. The legislative power shaU be vested in a General Assembly, which shall consist of a Senate and House of Eepresent atives, both to be elected by the people. People ex rel v. Kipley et al, 171 III, 44; Rouse v. Thompson, 228 III, 522; People v. McBride, 234 IU., 146; People v. Roth, 2^9 HI, 532; see People ex rel. v. Reynolds, 5 Gilman (10 III), 1. Election Section 2. An election for members of the General Assembly shaU be held on .the Tuesday next after the first Monday in November, in the year of our Lord one thousand eight hundred and seventy, and every two years thereafter, in each county, at such places therein as may be provided by law. When vacancies occur in either house, the Governor, or person exercising the powers of Governor, shaU issue writs of election to fill such vacancies. Eligibility and Oath Section 3. No person shall be a Senator who shaU not have attained the age of twenty-five years, or a Eepresentative who shaU not have attained the age of twenty-one years. No person shall be- a Senator or a Eepresentative who shall not be a citizen of the- United States, and who shaU not have been for five years a resident. of this State, and for two years next preceding his election a resi dent within the territory forming the district from which he is- elected. No judge or clerk of any court. Secretary of State, At- • torney General, State's Attorney, recorder, sheriff, or collector of public revenue, member of either House of Congress, or person holding any lucrative office under the United States or this State,. or any foreign government, shall have a seat in the General As sembly : Provided, that appointments in the militia, and the offices of notary pubUc and justice of the peace, shall not be considered 110 ILLINOIS HISTORICAL COLLECTIONS lucrative. Nor shall any person holding any office of honor or profit under any foreign government, or under the government of the United States, (except postmasters whose annual compensation does not exceed the sum of three hundred dollars) hold any office of honor or profit under the authority of this State. People ex rel. v. Board of Election Commissioners of the City of Chicago, 221 III, 9. Section 4. No person who has been, or hereafter shall be con victed of bribery, perjury or other infamous crime, nor any person who has been or may be a collector or holder of public moneys, who shall not have accounted for and paid over, according to law, aU such moneys due from him, shall be eligible to the General As sembly, or to any office of profit or trust in this State. Cawley et al. v. People, 95 III, 249. Section 5. Members of the General Assembly, before they enter upon their official duties, shall ta,ke and subscribe the foUow ing oath or affirmation: "I do solemnly swear (or affirm) that I Tvill support the Constitution of the United States and the Con stitution of the State of IlUnois, and will faithfuUy discharge the duties of Senator (or Eepresentative) according to the best of my ability; and that I have not, knowingly or intentionally, paid or contributed anything, or made any promise in the nature of a bribe, to directly or indirectly influence any vote at the election at which I was chosen to fill the said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money or •other valuable thing, from any corporation, company or person, for any vote or influence I may give or withhold on any bill, reso lution or appropriation, or- for any other official act." This oath shall be administered by a judge of the supreme or circuit court in the hall of the house to which the member is elected, and the Secretary of State shall record and file the oath subscribed by each member. Any member who shall refuse to take the oath herein prescribed shall forfeit his office, and every member who shall be convicted of having sworn falsely to or of violating, his said oath, shall forfeit his office and be disqualified thereafter from holding any office of profit or trust in this State. CONSTITUTION OF THE STATE OF ILLINOIS 111 Apportionment Senatorial Section 6. The General Assembly shaU apportion the State every ten years, beginning with the year one thousand eight hun dred and seventy-one, by dividing the population of the State, as ascertained by the federal census, by the number fifty-one, and the quotient shall be the ratio of representation in the Senate. The State shaU be divided into fifty-one senatorial districts, each of which shall elect one senator, whose term of office shall be four years. The Senators elected in the year of our Lord one thousand eight hundred and seventy-two, in districts bearing odd numbers, shall vacate their offices at the end of two years, and those elected in districts bearing even numbers, at the end of four years; and vacancies occurring by the expiration of term shall be filled by the election of senators for the full term. Senatorial districts shall be formed of contiguous and compact territory, bounded by county lines, and contain as nearly as practicable an equal number of 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, may be divided into separate districts, and shall be entitled to two Senators, and to one additional senator for each number of inhabitants equal to the ratio, contained by such counties in excess of twice the number of said ratio. People ex rel. v. Thompson, 155 III, 451; People ex rel. v. Hutch inson, 172 III, 486; People ex rel v. Carlock; 198 III, 150; see article vi, section 5. Minority Representation Sections 7 and 8. The House of Eepresentatives shaU consist of three times the number of the members of the Senate, and the term of office shall be two years. Three representatives shall be elected in each Senatorial district at the general election in the year of our Lord one thousand eight hundred and seventy-two, and every two years thereafter. In all elections of representatives aforesaid, each qualified voter may cast as many votes for one candidate as there are representatives to be elected, or may dis tribute the same, or equal parts thereof, among the candidates, 112 ILLINOIS HISTORICAL COLLECTIONS as he shall see fit; and the candidates highest in votes shaU be declared elected.^ Rouse v. Thompson. 228 III, 522; People ex rel. v. Strassheim, 240 III, 279; People ex rel. v. Deneen et al, 247 III, 289; People ex rel v. Taylor et al, 257 III, 192. 'Under the terms of section 12 of the schedule, original sections 7 and 8 of this article were to be eliminated if the section relating to minority representation, which was submitted to a separate vote, was adopted by the voters. The separate section was adopted and accord ingly replaced original sections 7 and 8, which were as follows: KEPEESENTATIVB "Section 7. The population of the State, as ascertained by the Federal census, shall be divided by the number one hundred and fifty- three, and the quotient shall be the ratio of representation in the House of Representatives. Every county or district shall be entitled to one representative, when its population is three-fifths of the ratio; if any county has less than three-fifths of the ratio, it shall be attached to the adjoining county having the least population, to which no other county has for the same reason been attached, and the two shall constitute a separate district. Every county or district having a population not less than the ratio and three-fifths, shall be entitled to two representa tives, and for each additional number of Inhabitants, equal to the ratio, one representative. Counties having over two hundred thousand in habitants may be divided into districts, each entitled to not less than three nor more than flve representatives. After the year one thousand eight hundred and eighty, the whole population shall be divided by the number one hundred and fifty-nine, and the quotient shall be the ratio of representation In the House of Representatives for the ensuing ten years, and six additional representatives shall be added for every flve hundred thousand increase of population at each decennial census thereafter, and be apportioned In the same manner as above provided. "Section 8. When a county or district shall have a fraction of pop ulation above what shall entitle it to one representative, or more, ac cording to the provisions of the foregoing section, amounting to one- fifth of the ratio. It shall be entitled to one additional representative iu the flfth term of each decennial period; when such fraction is two- fifths of the ratio, it shall be entitled to an additional representative In the fourth and fifth terms of said periods; when the fraction is three-fifths of the ratio, it shall be entitled to an additional representa tive in the first, second and third terms, respectively; when the fraction is four-fifths of the ratio, it shall be entitled to an additional repre sentative in the first, second, third and fourth terms, respectively." CONSTITUTION OF THE STATE OF ILLINOIS 113 Time of Meeting and General Rules Section 9. The sessions of the General Assembly shaU com mence at twelve o'clock noon, on the Wednesday next after the first Monday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this Constitution. A majority of the members elected to each house shaU constitute a quoram. Bach house shaU determine the rales of its proceedings, and be the judge of the election, returns and quaUfieations of its members; shaU choose its own officers; and the Senate shaU choose a temporary President to preside when the lieutenant Governor shall not attend as President or shaU act as governor. The Secretary of State shaU caU the House of Eepre sentatives to order at the opening of each new Assembly, and pre side over it until a temporary presiding officer thereof shaU have been chosen and shaU have taken his seat. No member shall be expeUed by either house, except by a vote of two-thirds of all the members elected to that house, and no member be twice expeUed for the same offense. Each house may punish by imprisonment any person, not a member, who shall be guilty of disrespect to the house by disorderly or contemptuous behavior in its presence. But no such imprisonment shaU extend beyond twenty-four hours at one time, unless the person shall persist in such disorderly or con temptuous behavior. 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 shaU, without the consent of the other, adjourn for more than two days, or to any other place than that in which the two houses shall be sitting. Bach house shall keep a journal of its proceedings, which shall be published. In the Senate at the request of two members, and in the House at the request of five members, the yeas and nays shall be taken on any question, and entered upon the journal. Any two members of either house shall have liberty to dissent from and protest, in respectful language, against any act or resolution which they think injurious to the public or to any individual, and have the reasons of their dissent entered upon the journals. See People ex rel v. Hatch, S3 III, 9; see article v, section 9. 114 ILLINOIS HISTORICAL COLLECTIONS Style of Laws, and Passage of Bills Section 11. The style of the laws of this State shall be; "Be it enacted by the People of the State of Illinois, represented in the General Assembly." Burrltt V. Commissioners of State Contracts, 120 III, 322; Pearce V. Vittum, 193 III, 192. 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 biUs, the vote shall be by yeas and nays, upon each bUl separately, and shaU be entered upon the journal; and no bill shall become a law without the concurrence of a majority of the mem bers elected to each house. People ex rel v. Knopf, 198 III, 340; People ex rel. v. Bowman, 241 III, 276; People v. Bdmands, 252 III, 108; Neiberger v. McCul lough et al, 253 III, 312; McAuliffe v. O'Connell, 258 III, 186; People ex rel. v. Brady, 262 III, 578; Dragovich v. Iroquois Iron Company, 269 III, 478; see RIchter v. Burdock, 257 III, 410; see article iv, section 13. Section 13. Every bill shall be read at large on three differ ent days, in each house; and the biU and aU amendments thereto shall be printed before the vote is taken on its final passage; and every bill, having passed both houses, shall be signed by the Speakers thereof. No act hereafter passed shall embrace more than one subject, and that shall be expressed in the title. But if any subject shaU be embraced in an act which shall not be ex pressed in the title, such act shall be void only as to so much thereof as shall not be so expressed; and no law shall be revived or amended by reference to its title only, but the law revived, or the section amended, shall be inserted at length in the new act. And no act of the General Assembly shall take effect until the first day of July next after its passage, unless, in case of emer gency, (which emergency shall be expressed in the preamble or body of the act), the General Assembly shall, by a vote of two- thirds of all the members elected to each house, otherwise direct. Reading: Illinois Central Railroad Company v. People, 143 III, 434; People ex rel v. La Salle Street Trust and Savings Bank, 269 III, 518; People v. State Board of Dental Examiners, 278 III, 144; see People ex rel. v. Starne, 35 III, 121; see article iv, section 12. CONSTITUTION OF THE STATE OF ILLINOIS 115 PrinUng: Neiberger v. McCullough et al, 253 III, 312; People ex rel V. Brady, 262 III, 578; Dragovich v. Iroquois Iron Company, 269 III, 478; see article TV, section 12. Signature of speaker: Lynch v. Hutchinson et al, 219 III, 193. Title: Ritchie v. People, 155 III, 98; Milne v. People, 224 I^-, 125; Rouse v. Thompson, 228 III, 522; People v. McBride, 234 III, 146; People, ex rel v. Nellis, 2.^9 III, 12; People v. Roth, 249 III, 532; People v. Sargent, 254 HK 514. Amendment by reference: People ex rel. v. Wright, 70 III, 388; Timm v. Harrison, 109 III, 593; People ex rel v. Knopf, 183 III, 410; People ex rel. v. Orossley et aZ., 261 III, 78; Brooks et al. V. Hatch et al, 261 III, 179; Board of Education v. Haworth, 274 JZZ., 538; People ex rel v. Day, 277 HI, 543 (556, 557) ; see City of Chicago V. Reeves, 220 III, 274. Privileges and Disabilities Section 14. Senators and representatives shaU, in all cases, except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. Phillips V. Browne, 270 III, 450. Section 15. No person elected to the General Assembly shaU receive any. civil appointment within this State from the Governor, the Governor and Senate, or from the General Assembly, during the term for which he shall have been elected ; and all such appoint ments and all votes given for any such members for any such office or appointment, shall be void; nor shall any member of the General Assembly be interested, either directly or indirectly, in any contract with the State, or any county thereof, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof. See article iv, section 25. Public Moneys and Appropriations Section 16. The General Assembly shall make no appropria tion of money out of the treasury in any private law. BUls mak ing appropriations for the pay of members and officers of the 116 ILLINOIS HISTORICAL COLLECTIONS General Assembly, and for the salaries of the officers of the government, shall contain no provision on any other subject. Ritchie v. People, 155 III, 98; People v. Joyce, 2^6 III, 124; Fergus et al v. Russel et al, 270 III, 304 (318); Fergus v. Russel, 277 III, 20; see article v, section 24. Section 17. No money shaU be drawn from the treasury ex cept 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 diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The Auditor shall, within sixty days after the adjournment of each session of the General Assembly, prepare and publish a fuU statement of aU money expended at such ses sion, specifying the amount of each item, and to whom and for what paid. Burritt v. Commissioners of State Contracts, 120 III, 322; Whlttemore v. People, 227 III, 453; Board of Trade of the City of Chicago et al. v. Cowen et al, 252 III, 554. Section 18. Bach General Assembly shall provide for aU the appropriations necessary for the ordinary and contingent expenses of the government until the expiration of the first fiscal quarter after the adjourment of the next regular session, the aggregate amount of which shaU not be increased without a vote of two-thirds of the members elected to each house, nor exceed the amount of revenue authorized by law to be raised in such time; and all ap propriations, general or special, requiring money to be paid out of the State treasury, from funds belonging to the State, shall end with such fiscal quarter : Provided, the State may, to meet casual deficits or failures in revenues, contract debts, never to exceed in the aggregate two hundred and fifty thousand dollars ; and moneys thus borrowed shall be applied to the purpose for which they were obtained, or to pay the debt thus created, and to no other purpose; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the State in war, (for pay ment of which the faith of the State shall be pledged), shall be contracted, unless the law authorizing the same shall, at a general election, have been submitted to the people, and have received a CONSTITUTION OF THE STATE OF ILLINOIS 117 majority of the votes cast for members of the General Assembly at such election. The General Assembly shall provide for the publication of said law for three months, at least, before the vote of the people shall be taken upon the same ; and provision shaU be made, at the time, for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue; which law, providing for the payment of such interest by such tax, shall be irrepealable until such debt be paid: And, provided, further, that the law levying the tax shall be submitted to the people with the law authorizing the debt to be contracted. Whlttemore v. People, 227 III, 453; Fergus et al v. Russel et al, 270 III, 304 (333) ; Fergus v. Brady, 277 III, 272. Section 19. The General Assembly shall never grant or au thorize extra compensation, fee or allowance to any pubUe officer, agent, servant or contractor, after service has been rendered or a contract made, nor authorize the payment of any claim, or part thereof, hereafter created against the State under any agreement or contract made without express authority of law; and all such imauthorized agreements or contracts shall be nuU and void: Provided, the General Assembly may make appropriations for ex penditures incurred in suppressing insurrection or repelling in vasion. Dement et al. v. Rokker et al., 126 III, Vii ; People ex rel. v. Ab bott, 274 III, 380; Fergus v. Brady, 277 III, 272. Section 20. The State shall never pay, assume or become responsible for the debts or liabUities of, or in any manner give, loan or extend its credit to, or in aid of any public or other cor poration, association or individual. Boehm v. Hertz et al, 182 III, 154; City of Chicago v. Wolf et. al, 221 III, 130. Pay of Members Section 31. The members of the General Assembly shaU re ceive for their services the sum of five dollars per day, during the first session held under this Constitution, and ten cents for each mUe necessarily traveled in going to and returning from the seat of government, to be computed by the Auditor of PubUc Accounts; and thereafter such compensation as shall be prescribed by law. 118 ILLINOIS HISTORICAL COLLECTIONS and no other allowance or emolument, directly or indirectly, for any purpose whatever; except the sum of fifty dollars per session to each member, which shall be in full for postage, stationery, newspapers, and all other incidental expenses and perquisites; but no change shall be made in the compensation of members of the General Assembly during the term for which they may have been elected. The pay and mileage allowed to each member of the General Assembly shall be certified by the Speakers of their respec tive houses, and entered on the journals, and pubUshed at the close of each session. Fergus et al v. Russel et al, 270 III, 304 (331, 332, 626); see article iv, section 19; article v, section 23; article vi, sections 7, 16, 25; article vm, section 5; article ix, section 11; article x, section 10. Special Legislation Prohibited Section 22. The General Assembly shaU not pass local or special laws in any of the following enumerated cases, that is to say : For — In general: Owners of Lands v. People ex rel, 113 III, 296; Bessette v. People, 193 III, 334; Horwich et al v. Walker-Gordon Laboratory Company, 205 III, 497; People ex rel v. Board of Elec tion Commissioners of the City of Chicago, 22i III, 9; Douglas et al. V. People ex rel, 225 III, 536; Manowsky v. Stephan et al, 233 III, 409; Dawson Soap Company v. City of Chicago, 234 HI, 314; Block et al v. City of Chicago, 2S9 III, 251; Massie v. Cessna, 239 III, 352; but see People v. Stokes, 281 III, 159; People ex rel v. Nellis, 249 III, 12; People v. Kaelber, 253 III, 552; see article 11, section 2 and article iv, section 22, clause 23. Granting divorces; Changing the names of persons or places ; Laying out, opening, altering and working roads or highways; Kennedy v. McGovem et al, 246 III, 497. Vacating roads, town plats, streets, alleys and public grounds ; Locating or changing county seats; Eegulating county and township affairs ; People ex rel. v. Hazelwood, 116 III, 319; Booth v. Opel, 244 III, 317. Eegulating the practice in courts of justice ; CONSTITUTION OF THE STATE OF ILLINOIS 119 Chicago Life Insurance Company v. Auditor of Public Accounts, 101 III, 82; Strong v. Dlgman, 207 III, 385. Eegulating the jurisdiction and duties of justices of the peace, police magistrates, and constables; People ex rel v. Meech, 101 III, 200. Providing for changes of venue in civil and criminal cases ; Miller v. People, 230 III, 65. Incorporating cities, towns, or villages, or changing or amending the charter of any town, city or village; Cleveland, Cincinnati, Chicago, and St. Louis Railway Company V. Handle, 183 III, 364; L'Hote et al v. Village of Mllford, 212 III, 418. Providing for the election of members of the board of super visors in townships, incorporated towns or cities; Summoning and impaneling grand or petit juries ; Providing for the management of common schools; Land Commissioners v. President and Trustees of the Commons of Kaskaskia et al, 249 III, 578; People ex rel. v. Weis et al, 275 III, 581. Eegulating the rate of interest on money; Winget et al. v. Quincy Building and Homestead Association, 128 III, 67. The opening and conducting of any election, or designating the place of voting; People ex rel. v. Hoffman et al, 116 III, 587; People ex rel v. Board of Supervisors of Adams County, 185 III, 288. The sale or mortgage, of real estate belonging to minors or others under disabiUty; Kingsbury v. Sperry et al, 119 III, 279. The protection of game or fish ; People v. Wilcox, 237 JZZ., 421. Chartering or licensing ferries or toll bridges ; Eemitting fines, penalties or forfeitures; Creating, increasing, or decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed; —11 H c 120 ILLINOIS HISTORICAL COLLECTIONS Changing the law of descent; Wuhderle et al. v. Wunderle, I44 I^-, 40. Granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters for such purpose ; Granting to any corporation, association or individual any special or exclusive privilege, immunity or franchise whatever. Lippman v. People, 175 III, 101; Lasher v. People, 183 III, 226; Noel v. People, 187 III, 587; Gillespie v. People, 188 III, 176; Starne V. People, 222 111, 189; but see People v. Solomon, 265 III, 28; People ex rel v. Clean Street Company, 225 7ZZ., 470; Jones v. Chi cago, Rock Island, and Pacific Railway Company, 231 III, 302; People v. Commercial Life Insurance Company, 2^7 III, 92; People ex rel. v. Rinaker et aZ., 252 III, 266; State Public Utilities Com mission ex rel. v. Romberg, 275 IZZ., 432; People ex rel. v. Weis et al, 275 III, 581; see article 11, section 2 and article iv, section 22 (in general). In all other cases where a general law can be made applicable, no special law shall be enacted. Owners of Lands v. People ex rel, US III, 296; Sanitary District of Chicago v. Ray, 199 III, 63; City of Mt. Vernon v. Evens and Howard Fire Brick Company, 20.^ HI, 32; People ex rel v. Bow man, 247 JZZ., 276; Commissioners of Lincoln Park v. Fahrney, 250 III, 256. Section 33. The General Assembly shaU have no power to release ' or extinguish, in whole or in part, the indebtedness, lia bility, or obligation of any corporation or individual to this State or to any municipal corporation therein. City of Chicago v. Pittsburg, Cincinnati, Chicago, and St. Louis Railway Company, 244 III, 220. Impeachment Section 34. The House of Eepresentatives 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 Sen ate ; and when sitting for that purpose, the Senators shall be upon oath, or affirmation to do justice according to law and evidence. When the Governor of the State is tried, the Chief Justice shall preside. No person shall be convicted without the concurrence of two-thirds of the Senators elected. But judgment, in such cases. CONSTITUTION OF THE STATE OF ILLINOIS 131 shall not extend further than removal from office, and disqualifi cation to hold any office of honor, profit or trust under the gov ernment of this State. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law. Miscellaneous Section 35. The General Assembly shaU provide, by law, that the fuel, stationery, and printing paper furnished for the use of the State; the copying, printing, binding and distributing the laws^ and journals, and all other printing ordered by the General As sembly shall be let by contract to the lowest responsible bidder; but the General Assembly shall fix a maximum price; and no member thereof, or other officer of the State, shall be interested, directly or indirectly, in such contract. But all such contracts shall be subject to the approval of the Governor, and if he dis approves the same there shall be a re-letting of the contract, in such manner as shall be prescribed by law. Dement et al v. Rokker et al, 126 III, 174. Section 36. The State of lUinois shall never be made defend ant tn any court of law or equity. German Alliance Insurance Company et al v. Van Cleave et al, 191 111, 410; Joos V. Illinois National Guard et al, 257 III, 138; Minear v. State Board of Agriculture, 259 IZZ., 549; Brundage v. Knox et al, 279 III, 450. Section 37. The General Assembly shall have no power to authorize lotteries or gift enterprises, for any purpose, and shaU pass laws to prohibit the sale of lottery or gift enterprise 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 appoint ment. Crook V. People ex rel, 106 III, 237. Section 39. It shall be the duty of the General Assembly to> pass such laws as may be necessary for the protection of operative miners, hy providing for ventUation, when the same may be re quired, and the construction of escapement shafts, or such other 133 ILLINOIS HISTORICAL COLLECTIONS appliances as may secure safety in all coal mines, and to provide for the enforcement of said la,ws by such penalties and punishments as may be deemed proper. Starne v. People, 222 7ZZ., 189; Cook v. Big Muddy-Carterville Mining Company, 249 HI, 41. Section 30. The General Assembly may provide for estab- Ushing and opening roads and cartways, connected with a pubUc road, for private and pubUc use. Section 31. The General Assembly may pass laws permitting the owners of lands to construct drains, ditches and levees for Agricultural, Sanitary or mining purposes, across the lands of others, and provide for the organization of drainage districts, and vest the corporate authorities thereof, with power to construct and maintain levees, drains and ditches, and to keep in repair all drains, ditches and levees heretofore constructed under the laws of this State, by Special Assessments upon the property benefited thereby.^ Wilson V. Board of Trustees of the Sanitary District of Chicago et al, 1S3 III, 443; People ex rel. v. Drainage Commissioners, 143 111, 417; Herschbach v. Kaskaskia Island Sanitary and Levee Dis trict 265 III, 388; see Updike v. Wright, 81 HI, 49. Section 33. The General Assembly shaU pass liberal Home stead and Exemption laws. Section 33. The General Assembly shall not appropriate out of the State treasury, or expend on account of the new capitol grounds, and construction, completion, and furnishing of the State House, a sum exceeding, in the aggregate, three and a half millions of dollars, inclusive of all appropriations heretofore made, without first submitting the proposition for an additional expendi ture to the legal voters of the State, at a general election; nor 'As amended by the flrst amendment to the constitution. The amendment was proposed by resolution of the general assembly in 1877. It was ratified by the voters on November 5, 1878, and pro claimed adopted on November 29, 1878. The section as it originally appeared is as follows: "Section 31. The General Assembly may pass laws permitting the owners or occupants of lands to construct drains and ditches, for agri cultural and sanitary purposes, across the lands of Others." CONSTITUTION OF THE STATE OF ILLINOIS 133 unless a majority of all the votes cast at such election shall be for the proposed additional expenditure. People V. Stuart et aZ., 97 III, 123. Section 34. The General Assembly shall have power, subject to the conditions and limitations hereinafter contained, to pass any law (local, special or general) providing a scheme or charter of local municipal government for the territory now or hereafter em braced within the limits of the city of Chicago. The law or laws so passed may provide for consolidating (in whole or in part) in the municipal government of the city of Chicago, the powers now vested in the city, board of education, township, park and other local governments and authorities having jurisdiction confined to or within said territory, or any part thereof, and for the assump tion by the city of Chicago of the debts and liabilities (in whole or in part)' of the governments or corporate authorities whose functions within its territory shall be vested in said city of Chicago, and may authorize said city, in the event of its becoming liable for the indebtedness of two or more of the existing municipal corpora tions lying wholly within said city of Chicago, to become indebted to an amount (including its existing indebtedness and the in debtedness of all municipal corporations lying wholly within the limits of said city, and said city's proportionate share of the in debtedness of said county and sanitary district which share shall be determined in such manner as the General Assembly shall pre scribe) in the aggregate not exceeding five per centum of the full value of the taxable property within its limits, as ascertained by the last assessment either for State or municipal purposes previous to the incurring of such indebtedness (but no new bonded indebted ness, 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 on the question at any election, general, municipal or special) ; and may provide for the assessment of property and the levy and collection of taxes within said city for corporate purposes in accordance with the principles of equality and uniformity prescribed by this Constitution; and may abolish all offices, the functions of which shall be otherwise provided for; and may provide for the annexation of territory to or disconneo- 134 ILLINOIS HISTORICAL COLLECTIONS tion of territory from said city of Chicago by the consent of a majority of the legal voters (voting on the question at any election, general, municipal or special) of the said city and of a majority of the voters of such territory, voting on the question at any elec tion, general, municipal or special ; and in case the General Assem bly shall create municipal courts in the city of Chicago it may abolish the offices of justices of the peace, poUce magistrates and constables in and for the territory within said city, and may limit the jurisdiction of justices of the peace in the territory of said county of Cook outside of said city to that territory, and in such case the jurisdiction and practice of said municipal courts shall be such as the General Assembly shall prescribe; and the General Assembly may pass all laws which it may deem requisite to effec- tuaUy provide a complete system of local municipal government in and for the city of Chicago. No law based upon this amendment to the Constitution, affect ing the municipal government of the city of Chicago, shall take effect until such law shall be consented to by a majority of the legal voters of said city voting on the question at any election, general, municipal or special; and no local or special law based upon this amendment affecting specially any part of the city of Chicago ^all take effect until consented to by a majority of the legal voters of such part of said city voting on the question at any election, general, municipal or special. Nothing in this section contained shall be construed to repeal, amend or affect section four (4) of Article XI of the Constitution of this State.* Miller v. People, 230 IU., 65; City of Chicago v. Williams, 254 III, 360. ARTICLE V Executive Department Section 1. The Executive Department shall consist of a Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, * Section 34 was added by the sixth amendment to the constitution. The amendment was proposed by a resolution of the general assembly in 1903. It was ratifled by the voters on November 8, 1904, and pro claimed adopted on December 5, 1904. CONSTITUTION OF THE STATE OF ILLINOIS 135 and Attorney General, who shall, each, with the exception of the Treasurer, hold his office for the term of four years from the second Monday of January next after his election, and until his successor is elected and qualified. They shall, except the Lieutenant Governor, reside at the seat of government 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. People ex rel. v. McCullough, 254 m., 9; Fergus et al. v. Russel et al, 270 III, 304 (333-343). Section 3. The Treasurer shall hold his office for the term of two years, and until his successor is elected and qualified; and shaU be ineligible to said office for two years next after the end of the term for which he was elected. He may be required by the Governor to give reasonable additional security, and in default of so doing his office shall be deemed vacant. Election Section 3. An election for Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, and Attorney General, shall be held on the Tuesday next after the first Monday of November, in the year of our Lord one thousand eight hundred and seventy-two, and every four years thereafter; for Superin tendent of Public Instruction on the Tuesday next after the first Monday of November, in the year, one thousand eight hundred and seventy, and every four years thereafter; and for Treasurer on the day last above mentioned, and every two years thereafter, at such places and in such manner as may be prescribed by law. Section 4. The returns of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the Secretary of State, directed to the "The Speaker of the House of Eepresentatives," who shall, immediately after the or ganization 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 (3eneral Assembly, who shall, for that purpose, assemble in the hall of the House of Eepresentatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more have an equal, and the 136 ILLINOIS HISTORICAL COLLECTIONS highest number of votes, the General Assembly shall, by joint ballot, choose one of such persons for said office. Contested elec tions for all of said offices shall be determined by both houses of the General Assembly, by joint ballot, in such manner as may be prescribed by law. Eligibility Section 5. No person shall be eligible to the office of Governor, or Lieutenant Governor, who shall not have attained the age of thirty years, and been, for 'five years next preceding his election, a citizen of the United States and of this State. Neither the Gov ernor, Lieutenant Governor, Auditor of Public Accounts, Secretary of State, Superintendent of Public Instruction nor Attorney General shall be eligible to any other office during the period for which he shall have been elected. People ex rel v. Inglis, 161 III, 256. Governor Section 6. The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed. People ex rel. v. McCullough, 254 IU., 9; see Field v. People ex rel, 2 Scammon (3 III), 79. 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 information, by message, of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall account to the General Assembly, and accompany his message with a statement of all moneys received and paid out by him from any funds subject to his order, with vouchers, and, at the commencement of each regular session present estimates of the amount of money required to be raised by taxation for all purposes. 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 As sembly shall enter upon no business except that for which they were called together. Report of the Attorney-General of Illinois, 1912, p. 73, 83. CONSTITUTION OF THE STATE OF ILLINOIS 137 Section 9. In case of a disagreement between the two houses with respect to the time of adjournment, the Governor may, on the same being certified to him by the house first moving the ad journment, adjoum the General Assembly to such time as he thinks proper, not beyond the first day of the next regular session. Report of the Attorney-General of Illinois, 1912, p. 73 ; see article IV, section 10; People ex rel v. Hatch, 33 III, 9 (131, 156). Section 10. The Governor shall nominate, and, by and with the advice and consent of the Senate, (a majority of all the Sena tors elected concurring, by yeas and nays), appoint all officers whose offices are established by this Constitution, or which may be created by law, and whose appointment pr election is not other wise provided for ; and no such officer shall be appointed or elected by the General Assembly. Wilcox et al v. People ex rel, 90 III, 186; People v. Evans, 247 111, 547; see Bunn et al. v. People ex rel, 45 IZZ., 397. Section 11. In case of a vacancy, during the recess of the Senate, in any office which is not elective, the Governor shall make a temporary appointment until the next meeting of the Senate, when he shall nominate some person to fill such office; and any person so nominated, who is confirmed by the Senate (a majority of all the Senators elected concurring by yeas and nays), shaU hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the Senate, shall be again nominated for the same office at the same session, unless at the request of the Senate, or be appointed to the same office during the recess of the General Assembly. Wilcox et al v. People ex rel, 90 III, 186; see people v. Forquer, Breese (1 III), 104. Section 12. The Governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office ; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy. Wilcox et ffiZ. v. People ex rel, 90 III, 186; People ex rel. v. Nellis, 249 III, 12. Section 13. The Governor shaU have power to grant reprieves. 138 ILLINOIS HISTORICAL COLLECTIONS commutations and pardons, after conviction, for all offenses, subject to such regulations as may be provided by law relative to the man ner of applying therefor. Meul V. People, 198 III, 258; People v. Joyce, 246 IZZ., 124. Section 14. The Governor shaU be commander-in-chief of the military and naval forces of the State (except when they shaU be called into the service of the United States) ; and may call out the same to execute the laws, suppress insurrection, and repel invasion. Section 15. The Governor, and all civil officers of the State, shall be liable to impeachment for any misdemeanor in office. Donahue v. County of Will et al, 100 III, 94. Veto Section 16. Every bill passed by the General Assembly shaU, before it becomes a law, be presented to the Governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his objections, to the House in which it shall have originated, which house shall enter the objections at large upon its journal and proceed to re consider the bill. If then two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered ; and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the Governor; but in all such cases the vote of each house shaU be determined by yeas and nays to be entered 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 appropriate 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 residue 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 CONSTITUTION OF THE STATE OF ILLINOIS 129 approved by the Governor. The same proceedings shall be had in both houses in reconsidering the same as is hereinbefore provided in case of an entire bill returned by by the Governor with his objec tions; and if any item or section of said bill not approved by the Governor shall be passed by two-thirds of the members elected to each of the two houses of the General Assembly, it shall become part of said law notwithstanding the objections of the Governor. Any bill which shall not be returned by the Governor within ten days (Sundays excepted) after it shall have been presented to him shaU become a law in like manner as if he had signed it, unless the General Assembly shall, by their adjournment prevent its re turn, in which case it shall be filed with his objections, in the office of the Secretary of State, within ten days after such adjournment, or become a law." People ex rel v. McCullough, 210 IZZ., 488; Fergus et al. v. Russel et al, 270 III, 304 (348-352) ; see People ex rel. v. Hatch, 33 III, 9. •As amended by the third amendment to the constitution. The amendment was proposed by resolution of the general assembly in 1883. It was ratified by the people on November 4, 1884, and pro claimed adopted on November 28, 1884. The section as it originally appeared is as follows: "Section 16. Every bill passed by the General Assembly shall, be fore It becomes a law, be presented to the Governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon Its journal, and proceed to reconsider the bill. If, then, two- thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which It shall likewise be reconsidered; and if approved by two-thirds of the mem bers elected to that house, it shall become a law, notwithstanding the objections of the Governor. But in all such cases the vote of each house shall be determined hy yeas and nays, to be entered on the journal. Any bill which shall be returned by the Governor within ten days (Sundays excepted), after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the General Assembly, by their adjournment, prevent its return; in which case it shall be filed with his objections, in the oflBce of the Secretary of State, within ten days after such adjournment, or become a law." 130 ILLINOIS HISTORICAL COLLECTIONS Lieutenant Governor Section 17. In case of the death, conviction or impeachment, failure to qualify, resignation, absence from the State, or other dis ability of the Governor, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the Lieutenant Governor. Section 18. The Lieutenant Governor shall be President of the Senate, and shall vote only when the Senate is equally divided. The Senate shall choose a President, pro tempore, to preside in case of the absence or impeachment of the Lieutenant Governor, or when he shall hold the office of Governor. Section 19. If there be no Lieutenant Governor, or if the Lieutenant Governor shall, for any of the causes specified in sec tion seventeen of this article, become incapable of performing the duties of the office, the President of the Senate shall act as Gov ernor 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 Eepresenta tives. Other State Officers Section 30. If the office of Auditor of Public Accounts, Treasurer, Secretary of State, Attorney General, or Superintend ent of Public 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 until his suc cessor shall be elected and qualified in such manner as may be provided by law. An account shall be kept by the officers of the Executive Department, and of all the public institutions of the State, of all moneys received or 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. People V. Whlttemore et al, 253 III, 378. CONSTITUTION OF THE STATE OF ILLINOIS 131 Section 21. The officers of the Executive Department, and of all the public institutions of the State, shall, at least ten days preceding each regular session of the General Assembly, severally report to the Governor, who shall transmit such reports to the General Assembly, together 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 offi cers and managers of State institutions, upon any subject relating to the condition, management and expenses of their respective offices. People V. Whlttemore et aZ., 253 III, 378. The Seal of State Section 33. There shall be a seal of the State, which shall be called the "Great Seal of the State of Illinois," which shaU be kept by the Secretary of State, and used by him, officially, as directed by law. Fees suid Salaries Section 33. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be increased or diminished during their official terms, and they shall not, after the expiration of the terms of those in office at the adoption of this constitution, receive to their own use any fees, costs, perquisites of office, or other compensation. And aU fees that may hereafter be payable by law for any services per formed by any officer provided for in this article of the constitu tion, shall be paid in advance into the State treasury. Fees: Whlttemore v. People, 227 III, 453; Board of Trade of the City of Chicago et al v. Cowen et al, 252 III, 554. Salaries: City of Chicago v. Wolf et al, 221 III, 130; Whltte more V. People, 227 III, 453; see Foreman et al. v. People ex rel, 209 III, 567 and article iv, sections 19, 21; article vi, sections 7, 16, 25; article vin, section 5; article ix, section 11; article x, sec tion 10. 132 ILLINOIS HISTORICAL COLLECTIONS Definition and Oath of Office Section 34. An office is a public position, created by the con stitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor elected or appointed. An employment is an agency, for a temporary purpose, which ceases when that purpose is accomplished. State Board of Agriculture v. Brady et al, 266 III, 592; Fergus et al V. Russel, 270 III, 304 (318); see Bunn et aZ. v. People ex rel, 45 III, 397; article iv, section 16. Section 25. All civil officers, except 'members of the General Assembly and such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of .according to the best of my ability." And no other oath, declaration or test shall be required as a qualification. School Directors of District No. 13 v. People ex rel, 79 III, 511; People ex rel v. Hoffmann et al, 116 III, 587; People ex rel. v. Loeffler, 175 III, 585. AETICLB VI Judicial Department Section 1. The judicial powers, except as in this article is otherwise provided, shall be vested in one Supreme Court, Circuit Courts, County Courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated towns. People ex rel. v. Chase, 165 IU., 527; in re Day, 181 HI, 73; Witter V. County Commissioners of Cook County et al, 256 III, 616. Supreme Court Section 2. The Supreme Court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue. CONSTITUTION OF THE STATE OF ILLINOIS 133 in mandamus, and habeas corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice; four shall constitute a quorum, and the concurrence of four shaU be neces sary to every decision. Young et al v. Stearns et al, 91 III, 221; Canby v. Hartzell, 167 III, 628; People ex rel. v. City of Chicago and Schlesinger and Mayer, 193 111, 507; Drainage Commissioners of the Town of Niles V. Harms, 238 IZZ., 414; George et al v. George et al, 250 III, 251; People V. Holten et al, 259 III, 219; Courter v. Simpson Construc tion Company, 264 HI, 488. Section 3. No person shall be eligible to the office of judge of the Supreme Court unless he shall be at least thirty years of age, and a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resident of the district in which he shall be elected. Section 4. Terms of the Supreme Court shall continue to be held in the present grand divisions at the several places now pro vided for holding the same; and until otherwise provided by law, one or more terms of said court shall be held, for the Northern Division, in the City of Chicago, each year, at such times as said, court may appoint, whenever said city or the county of Cook shall provide appropriate rooms therefor, and the use of a suitable Ubrary, without expense to the State. The judicial divisions may be altered, increased or diminished in number, and the times and places of holding said court may be changed by law. Section 5. The- present grand divisions shall be preserved, and be denominated Southern, Central and Northern, until other wise provided by law. The State shall be divided into seven dis tricts for the election of judges, and, until otherwise provided by law, they shall be as follows : First District — The counties of St. Clair, Clinton, 'Washington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Eandolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, Union, Jackson, Alexander, Pulaski and Massac. Second District — The counties of Madison, Bond, Marion, Clay, Eichland, Lawrence, Crawford, Jasper, Effingham, Payette, Mont gomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and (]!hristian. 134 ILLINOIS HISTORICAL COLLECTIONS Third District — The counties of Sangamon, Macon, Logan, De- witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewell. Fourth District — The counties of Pulton, McDonough, Hancock, Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and Scott. Fifth District — The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, LaSalle, Grundy and Woodford. Sixih District — The counties of Whiteside, CarroU, Jo Daviess, Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, DeKalb, Lee, Ogle and Eock Island. Seventh District — The counties of Lake, Cook, Will, Kankakee and DuPage. The boundaries of the districts may be changed at the session of the General Assembly next preceding the election for judges therein, and at no other time ; but whenever such alterations shall be made, the same shall be upon the rule of equality of population, as nearly as county boundaries will allow; and the districts shall be composed of contiguous counties, in as nearly compact form as circumstances will permit. The alteration of the districts shall not affect the tenure of office of any judge. People ex rel. v. Rose, 203 IZZ., 46; see article v, section 6. Section 6. At the time of voting on the adoption of this Con stitution, one judge of the Supreme Court shall be elected by the electors thereof, in each of said districts numbered two, three, six, and seven, who shall hold his office for the term of nine years from the first Monday of June, in the year of our Lord one thousand eight hundred and seventy. The term of office of judges of the Supreme Court, elected after the adoption of this Constitution, shall be nine years; and on the first Monday of June of the year in which the term of any of the judges in office at the adoption of this Constitution, or of the judges then elected, shall expire, and every nine years thereafter, there shall be an election for the suc cessor or successors of such judges, in the respective districts wherein the term of such judges shall expire. The Chief Justice shall continue to act as such until the expiration of the term for CONSTITUTION OF THE STATE OF ILLINOIS 135 which he was elected, after which the Judges shall choose one of their number Chief Justice. Section 7. From and after the adoption of this Constitution, the judges of the Supreme Court shall each receive a salary of four thousand dollars per annum, payable quarterly, until other wise provided by law. And after said salaries shall be fixed by law, the salaries of the judges in office shall not be increased or diminished during the terms for which said judges shall have been elected. See Foreman et al. v. People ex rel, 209 III, 567; article iv, sec tions 19, 21; article v, section 23; article vi, sections 16, 25; article vm, section 5; article ix, section 11; article x, section 10. Section 8. Appeals and writs of error may be taken to the Supreme Court, held in the grand division in which the case is decided, or, by consent of the parties, to any other grand division. See article vi, section 2. Section 9. The Supreme Court shall appoint one reporter of its decisions, who shall hold his office for six years, subject to removal by the Court. Section 10. At the time of the election for representatives in the General Assembly, happening next preceding the expiration of the terms of office of the present clerks of said court, one clerk of said court for each division shall be elected, whose term of office shall be six years from said election, but who shall not enter upon the duties of his office until the expiration of the term of his predecessor, and every six years thereafter one clerk of said court for each division shall be elected. Appellate Courts Section 11. After the year of our Lord one thousand eight hundred and seventy-four, inferior Appellate Courts, of uniform organization and jurisdiction, may be created in districts formed for that purpose, to which such appeals and writs of error as the General Assembly may provide, may be prosecuted from Circuit and other courts, and from which appeals and writs of error shall lie to the Supreme Court, in all criminal cases, and cases in which —12 H c 136 ILLINOIS HISTORICAL COLLECTIONS a franchise, or freehold, or the validity of a statute is involved, and in such other cases as may be provided by law. Such Appel late Courts shall be held by such number of Judges of the Circuit Courts, and at such times and places, and in such manner, as may be provided by law; but no Judge shall sit in review upon cases decided by him ; nor shall said Judges receive any additional com pensation for such services. Young et al v. Stearns et al, 91 III, 221; People ex rel. v. Hoyne, 262 IZZ., 82; Freitag v. Union Stock Yard and Transit Company, 262 IZZ., 551; see Indiana Millers' Mutual Fire Insurance Company et aZ. v. People, 170 IU., 474. Circuit Courts Section 13. The Circuit Courts shall have original jurisdic tion of all causes in law and equity, and such appellate jurisdiction as is or may be provided by law, and shall hold two or more terms each year in every county. The terms of office of Judges of Cir cuit Courts shall be six years. Berkowltz v. Lester et al, 121 III, 99; Drainage Commissioners of the Town of Niles v. Harms, 238 III, 414; People v. Jacobson, 247 III, 394; Frackelton v. Masters et al, 249 III, 30; see article IV, section 34; article vi, section 20. Section 13. The State, exclusive of the county of Cook and other counties having a population of one hundred thousand, shall be divided into judicial circuits, prior to the expiration of the terms of office of the present judges of the Circuit Courts. Such circuits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory and population, and shall not exceed in num ber one circuit for every one hundred thousand of population in the State. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed and the boundaries of circuits changed by the (Jeneral Assembly, at its session next preceding the election for circuit judges, but at no other time: Provided, that the circuits may be equalized or changed at the first session of the General Assembly, after the adoption of this Constitution. The creation, alteration or change of any circuit shall not effect the tenure of office of any judge. CONSTITUTION OP THE STATE OF ILLINOIS 137 Whenever the business of the Circuit Court of any one, or of two or more contiguous counties, containing a population exceeding fifty thousand, shall occupy nine months of the year, the General Assembly may make of such county, or counties, a separate circuit. Whenever additional circuits are created, the foregoing limitations shall be observed. People ex rel. v. Rose, 166 III, 422. Section 14. The General Assembly shall provide for the times of holding court in each county; which shall not be changed, except by the General Assembly next preceding the general elec tion for judges of said courts; but additional terms may be pro vided for in any county. The election for judges of the Circuit Courts shall be held on the first Monday in June, in the year of our Lord one thousand eight hundred and seventy-three, and every six years thereafter. Kepley et al. v. People, 123 IZZ., 367; People ex rel. v. Knopf, 198 in., 340. Section 15. The General Assembly may divide the State into judicial circuits of greater population and territory, in lieu of the circuits provided for in section thirteen of this article, and provide for the election therein, severally, by the electors thereof, by general ticket, of not exceeding four judges, who shall hold the circuit courts in the circuit for which they shall be elected, in such maimer as may be provided by law. People V. Wall, 88 III, 75; People ex rel. v. Rose, 166 III, 422. Section 16. Prom and after the adoption of this Constitution, Judges of the Circuit Courts shall receive a salary of three thou sand dollars per annum, payable quarterly, • until otherwise pro vided by law. And after their salaries shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall be, respectively, elected; and from and after the adoption of this Constitution, no judge of the Supreme or Circuit Court shall receive any other compensation, perquisite or benefit, in any form whatsoever, nor perform any other than judicial duties to which may belong any emoluments. Hall V. Hamilton, 74 111, 437; Foreman et al. v. People, 209 III, 567; People v. Sweitzer, 280 III, 436; see article iv, sections 19, 21, 138 ILLINOIS HISTORICAL COLLECTIONS article v, section 23; article vi, sections 7, 25; article vm, section 5 ; article rx, section 11 ; article x, section 10. Section 17. No person shall be eligible to the office of Judge of the circuit or any inferior court, or to membership in the "Board of County Commissioners," unless he shall be at least twenty-five years of age, and a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resident of the circuit, county, city, cities, or incorporated town in which he shaU be elected. People ex rel. v. McCormIck, 261 III, 413; see article vn, section 6. County Courts Section 18. There shall be elected in and for each county, one county judge and one clerk of the county court, whose terms of office shall be four years. But the General Assembly may create districts of two or more contiguous counties, in each of which shaU be elected one judge, who shall take the place of and exercise the powers and jurisdiction of county judges in such districts. County Courts shall be courts of record, and shall have original jurisdic tion in all matters of probate; settlement of estates of deceased persons; appointment of guardians and conservators, and settle ments of their accounts; in all matters relating to apprentices; and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may be provided for by general law. Klokke v. Dodge, 103 III, 125; Frackelton v. Masters et al, 249 III, 30. Section 19. Appeals and writs of error shall be aUowed from final determinations of county courts, as may be provided by law. See Hart Brothers et al v. West Chicago Park Commissioners, 186 III, 464. Probate Courts Section 30. The General Assembly may provide for the estab lishment of a Probate Court in each county having a population of over fifty thousand, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and in the same manner. CONSTITUTION OF THE STATE OF ILLINOIS 139 Said courts, when established, shall have original jurisdiction of all probate matters, the settlement of estates of deceased persons, the appointment of guardians and conservators, and settlements of their accounts; in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts. People ex rel v. Loomis etal, 96 HI, 377; Klokke v. Dodge, 103 III, 125; Frackelton v. Masters et al, 249 III, 30. Justices of the Peace and Constables Section 31. Justices of the peace, police magistrates, and con stables shall be elected in and for such districts as are, or may be, provided by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform. People ex rel v. Meech, 101 III, 200; Commissioners of High ways of the Town of Goshen v. Jackson, J65 IZZ., 17; People ex rel. V. Bollam, 182 III, 528; see article vi, section 29. State's Attorneys Section 33. At the election for members of the General As sembly in the year of our Lord one thousand eight hundred and seventy-two, and every four years thereafter, there shaU be elected a State's Attorney in and for each county, in lieu of the State's Attorneys now provided by law, whose term of office shaU be four years. Courts of Cook County Section 33. The county of Cook shall be one judicial circuit. The Circuit Court of Cook county shall consist of five judges, until their number shall be increased, as herein provided. The present Judge of the Eecorder's Court of the city of Chicago, and the present Judge of the Circuit Court of Cook county, shall be two of said judges, and shall remain in office for the terms for which they were respectively elected, and until their successors shall be elected and qualified. The Superior Court of Chicago shall be continued, and caUed the Superior Court of Cook County. The General Assembly may increase the number of said judges, by add- 140 ILLINOIS HISTORICAL COLLECTIONS ing one to either of said courts for every additional fifty thousand inhabitants in said county over and above a population of four hundred thousand. The terms of office of the judges of said courts hereafter elected, shall be six years. Cobe V. Guyer et al, 237 III, 516. Section 34. The judge having the shortest unexpired term shall be Chief Justice of the court of which he is a judge. In case there are two or more whose terms expire at the same tune, it may be determined by lot which shall be chief justice. Any judge of either of said courts shall have all the powers of a circuit judge, and may hold the court of which he is a member. Each of them may hold a different branch thereof at the same time. Hall V. Hamilton, 74 IZZ., 437; Cobe v. Guyer, 237 III, 516. Section 25. The judges of the Superior and Circuit Courts, and the State's Attorney, in said county, shall receive the same salaries, payable out of the State treasury, as is or may be paid from said treasury to the circuit judges and State's Attorney's of the State, and such further compensation, to be paid by the county of Cook, as is or may be provided by law; such compen sation shall not be changed during their continuance in office. Foreman et al. v. People ex rel, 209 IU., 567; County of Cook v. Healy, 222 III, 310; see article iv, sections 19, 21; article v, section 23; article vi, sections 7, 16; article vm, section 5; article ix, sec tion 11; article x, section 10. Section 26. The Eecorder's Court of the city of Chicago shall be continued and shall be called the "Criminal Court of Cook County." It shall have the jurisdiction of a circuit court, in all cases of criminal and quasi criminal nature, arising in the county of Cook, or that may be brought before said court pursua,nt to law; and all recognizances and appeals taken in said county, in criminal and qu^i criminal cases shall be returnable and taken to said court. It shaU have no jurisdiction in civU cases, except in those on behalf of the people, and incident to such criminal or quasi criminal matters, and to dispose of unfinished business. The terms of said Criminal Court of Cook County shaU be held by one . or more of the judges of the Circuit or Superior Court of Cook county, as nearly as may be in alteration, as may be determined CONSTITUTION OF THE STATE OF ILLINOIS 141 by said judges, or provided by law. Said judges shall be ex officio, judges of said court. Berkowltz v. Lester et al, 121 III, 99; Greene v. People, 182 IZZ., 278; Bratsch v. People, 195 III, 165; People v. Jacobson, 247 HI, 394; People v. Gartensteln, 248 III, 546. Section 37. The present Clerk of the Eecorder's Court of the city of Chicago, shall be the Clerk of the Criminal Court of Cook county, during the term for which he was elected. The present Clerks of the Superior Court of Chicago, and the present Clerk of the Circuit Court of Cook County, shall continue in office during the terms for which they were respectively elected; and thereafter there shall be but one Clerk of the Superior Court, to be elected by the qualified electors of said county, who shall hold his office for the term of four years, and until his successor is elected and qualified. Section 38. All justices of the peace in the city of Chicago shall be appointed by the Governor, by and with advice and con sent of the Senate, (but only upon the recommendation of a majority of the judges of the circuit, superior and county courts), and for such districts as are now or shall hereafter be provided by law. They shall hold their offices for four years, and until their successors have been commissioned and qualified, but they may be removed by summary proceeding in the circuit or superior court, for extortion or other malfeasance. Existing justices of the peace and police magistrates may hold their offices until the expiration of their respective terms. People ex rel v. O'Toole, 164 HI, 344; Kaufman v. People ex rel, 185 111, 113. General Provisions Section 39. All judicial officers shall be commissioned by the Governor. All laws relating to courts shall be general, and of uniform . operation ; and the organization, jurisdiction, powers, proceedings and practice of all courts, of the same class or grade, so far as regulated by law, and the force and effect of the process, judgments and decrees of such courts, severally, shall be uniform. People ex rel. v. Meech, 101 III, 200; Tissier v. Rhein, 130 III, 143 ILLINOIS HISTORICAL COLLECTIONS 110; People ex rel. v. Onahan et al, 170 III, 449; People v. Cosmo politan Fire Insurance Company, 246 IZZ., 442; but see City of Chi cago V. Williams, 254 HI, 360; David v. Commercial Mutual Acci dent Company, 243 III, 43, and article rv, section 34; Waugh v. Glos et al, 246 III, 604; People ex rel v. Rodenberg, 254 ^W-, 386; see article vi, section 21. Section 30. The General Assembly may, for cause entered on the journals, upon due notice and opportunity of defense, remove from office any judge, upon concurrence of three-fourths of aU the members elected, of each house. AU other officers in this article mentioned, shall be removed from office on prosecution and final conviction, for misdemeanor in office. Section 31. All judges of courts of record, inferior to the Supreme Court, shall, on or before the first day of June, of each year, report in writing to the judges of the Supreme Court, such defects and omissions in the law as their experience may sug gest; and the judges of the Supreme Court shall, on or before the first day of January, of each year, report in writing to the Governor such defects and omissions in the Constitution and laws as they may find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws. And the judges of the several circuit courts shall report to the next General Assembly the number of days they have held court in the several counties composing their respective circuits, the preceding two years. Correspondence between Governor and Judges of Supreme Court, 243 III, 9. Section 33. All officers provided for in this article shaU hold their offices until their successors shall be qualified, and they shaU, respectively, reside in the division, circuit, county or district for which they may be elected or appointed. The terms of office of all such officers, where not otherwise prescribed in this article, shall be four years. All officers, where not otherwise provided for in this article, shall perform such duties and receive such compensation as is, or may be, provided by law. Vacancies in such elective offices shall be filled by election; but where the unexpired term does not exceed one year the vacancy shall be filled by appointment, as follows: Of judges, by the Governor; of clerks of courts, by the CONSTITUTION OF THE STATE OF ILLINOIS 143 court to which the office appertains, or by the judge or judges thereof; and of all such other offices, by the board of supervisors, or board of county commissioners, in the county where the vacancy occurs. People ex rel. v. Kingsbury, 100 III, 509; People ex rel. v. Olson et al, 245 III, 288. Section 33. All process shall run; In the name of the People of the Stcde of Illinois; and all prosecutions shall be carried on; In the name and by the amthority of the People of the Staite of Illi/rwis; and conclude; Against the peace and dignity off the same. "Population," whenever used in this article, shall be deter mined by the next preceding census of this State, or of the United States. People V. Gartensteln, 248 III, 546; People v. Larsen, 265 III, 406. ARTICLE VII Suffrage Section 1. Every person having resided in this State one year, in the county ninety days, and in the election district thirty days next preceding any election therein, who was an elector in this State on the first day of April, in the year of our Lord one thousand eight hundred and forty-eight, or obtained a certificate of natu ralization, before any court of record in this State, prior to the first day of January, in the year of our Lord one thousand eight hundred and seventy, or who shall be a male citizen of the United States, above the age of twenty-one years, shall be entitled to vote at such election. People ex rel. v. Hoffman et al, 116 III, 587; Plummer et al. v. Yost et aZ., I44 III, 68; Scown v. Czarneckl et al, 264 HI, 305; People ox rel. v. Peltier et al, 265 III, 630; People ex rel. v. Byers, 27J III, 600; Franklin v. Westfall, 273 IZZ., 402; Alberts et al v. Town of Danforth et al, 281 III., 521; see article 11, section 18. Cumulative voting: see article iv, sections 7 and 8; People ex rel V. Taylor et al, 257 III, 192. Primary elections: People v. Election Commissioners, 221 III, 9; Rouse v. Thompson, 228 III, 522; People v. Strassheim, 24O III, 279; People v. Deneen, 247 III, 289. 144 ILLINOIS HISTORICAL COLLECTIONS Section 2. All votes shall be by ballot. Lynch v. Malley, 215 III, 574; People v. Taylor, 257 III, 192; People em rel v. Czarneckl, 266 III, 372. Section 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of election, except in time of war or public danger. Section 4. No elector shall be deemed to have lost his resi dence 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 resident of this State in consequence of being stationed therein. Section 6. No person shall be elected or appointed to any office in this State, civil or military, who is not a citizen of the United States, and who shall not have resided in this State one year next preceding the election or appointment. People ex rel. v. McCormick, 26J III, 413. Section 7. The General Assembly shall pass laws excluding from the right of suffrage persons convicted of infamous crimes. Christie v. People, 206 111, 337. ARTICLE VIII Education 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. Powell et al. v. Board of Education, 97 IZZ., 375; People ex rel. V. Mayor and Common Council of Alton, 193 III, 309 ; People ex rel v. Board of Education et al, 234 HI, 422; People v. Moore et al, 240 IZZ., 408; see People ex rel v. English et al, 139 III, 622, and also Plummer et al. v. Yost et al, I44 HI, 68. Section 2. All lands, moneys, or other property, donated, granted or received for school, college, seminary or university pur- CONSTITUTION OF THE STATE OF ILLINOIS 145 poses, and the proceeds thereof, shall be faithfully applied to the objects for which such gift or grants were made. Grosse v. People ex rel, 218 III, 342; City of Chicago, et al v. Tribune Company, 248 III, 242. Section 3. Neither the General Assembly nor any county, city, town, township, school district or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help support or sustain any school, academy, setainary, college, university, or other literary or scientific institution, controlled by any church or sectarian denomination whatever; nor shall any grant or donation of land, money, or other personal property ever be made by the State, or any such public corporation, to any church, or for any sectarian purpose. County of Cook v. Chicago Industrial School for Girls, 125 III, 540; but see Dunn v. Chicago Industrial School for Girls et al, 280 III, 613; People ex rel v. Board of Education, 245 III, 334; Reichwald v. Catholic Bishop of Chicago et al, 258 III, 44; see article n, section 3. Section 4. No teacher, State, county, township, 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 or teacher may be connected, under such penalties as may be provided by the General Assembly. Section 5. There may be a County Superintendent of Schools in each county whose qualifications, powers, duties, compensation, and time and manner of election, and term of office, shall be pre scribed by law. Jimison v. Adams County, 130 III, 558; People ex rel. v. English et al, 139 III, 622; Plummer et al v. Yost et al, I44 III, 68; see article iv, sections 19, 21 ; article v, section 23 ; article vi, sections 7, 16, 25; article ix, section 11; and article x, section 10. AETICLB IX Revenue Section 1. The General Assembly shall provide such revenue as may be needful, by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her, or its property — such value to be ascertained by some 146 ILLINOIS HISTORICAL COLLECTIONS person or persons, to be elected or appointed in such manner as the General Assembly shall direct, and not otherwise; but the General Assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, inn-keepers, grocery-keepers, liquor-dealers, toll bridges, ferries, insurance, telegraph and express interests or business, venders of patents, and persons or corporations owning or using franchises and privileges, in such manner as it shall, from time to time, direct by general law, uniform as to the class upon which it operates. City of Carrollton v. Bazzette, 159 III, 284; Union Central Life Insurance Company v. Durfee, 164 HI, 186; Banta v. City of Chi cago, 172 III, 204; but see Price v. People, 193 III, 114; Raymond et al. v. Hartford Fire Insurance Company et aZ., 196 III, 329; Harder's Fire Proof Storage and Van Company v. City of Chicago, 235 III, 58; First National Bank of Urbana v. Holmes et al, 246 111, 362; but see Raymond v. Chicago Union Traction Company, 207 U. S., 20; City of Paxton v. Fitzsimmons, 253 HI, 355; see Board of Education v. Haworth, 274 -^ZZ., 538. Section 2. The specification of the objects and subjects of taxation shall not deprive the General Assembly of the power to require other subjects or objects to be taxed, in such manner as may be consistent with the principles of taxation fixed in this Constitution. Kochersperger v. Drake et al, 167 III, 122; Harder's Fire Proof Storage and Van Company v. City of Chicago, 235 IZZ., 58. Section 3. The property of the State, counties, and other municipal corporations, both real and personal, and such other property as may be used exclusively for agricultural and horti cultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation; but such exemption shall be only by general law. In the assessment of real estate incumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property. People's Loan and Homestead Association of Joliet v. Keith, 153 III, 609; Supreme Lodge v. Board of Review of Effingham County, 223 III, 54; People ex rel v. First Congregational Church of Oak Park, 232 III, 158; but see First Congregational Church of DeKalb V. Board of Review of DeKalb County, 254 HI, 220; Consolidated Coal Company v. Miller et al, 236 III, 149; People ex rel. v. Deutsche Gemeinde, 249 IZZ., 132. CONSTITUTION OF THE STATE OF ILLINOIS 147 Section 4. The General Assembly shaU provide, in all cases where it may be necessary to sell real estate for the non-payment of taxes or special assessments, for State, county, municipal, or other purposes, that a return of such unpaid taxes or assessments shall be made to some general officer, of the county, having au thority to receive State and county taxes; and there shall be no sale of said property for any of said taxes or assessments but by said officer, upon the order of judgment of some court of record. Chambers v. People ex rel, 113 III, 509. Section 5. The right of redemption from all sales of real estate, for the non-payment of taxes or special assessments of any character, whatever, shall exist in favor of owners and persons in terested in such real estate, for a period of not less than two years from such sales thereof. And the General Assembly shall provide, by law, for reasonable notice to be given to the owners or parties interested, by publication or otherwise, of the fact of the sale of the property for such taxes or assessments, and when the time of redemption shall expire: Provided, that occupants shall in all cases be served with personal notice before the time of redemption expires. Frew v. Taylor, 106 III, 159; Gonzalla et al. v. Bartelsman, 143 III, 634; Palmer v. Riddle, J80 IZZ., 461. Section 6. The General Assembly shall have no power to re lease or discharge any county, city, township, town or district, whatever, or the inhaitants thereof, or the property therein, from their or its proportionate share of taxes to be levied for State purposes, nor shall commutation for such taxes be authorized in any form whatsoever. People's Loan and Homestead Association of Joliet v. Keith, 153 III, 609; Raymond et al. v. Hartford Fire Insurance Company et al, 196 III, 329; Board of Education v. Haworth, 274 HI, 538. Section 7. All taxes levied for State purposes shall be paid into the State treasury. People ex rel. v. Lipplncott, 65 III, 548. Section 8. County authorities shall never assess taxes, the aggregate of which shall exceed seventy-five cents per one hundred dollars' valuation, except for the payment of indebtedness existing 148 ILLINOIS HISTORICAL COLLECTIONS at the adoption of this Constitution, unless authorized by, a vote of the people of the county. Wright et al. v. Wabash, St. Louis, and Pacific Railway Company, 120 III, 541; County of Coles v. Goehring, 209 III, 142; Booth v. Opel, 244 HI, 317; but see Hodges et al v. Crowley, 186 III, 305; also see article ix, section 12. Section 9. The General Assembly may vest the corporate au thorities of cities, towns, and villages, with power to make local improvements by special assessment or by special taxation of contiguous property, or otherwise. For all other corporate pur poses, all municipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform, in respect to persons and property, within the jurisdiction of the body imposing the same. Taxes for corporate purposes — uniformity — corporate authori ties: Sherlock et al v. Village of Winnetka, 68 III, 530; see article rs, section 1; West Chicago Park Commissioners v. Western Union Telegraph Company et al, 103 III, 33; Cornell v. People ex rel, 107 III, 372; Wetherell v. Devine, 116 III, 631; People ex rel. v. Knopf, 171 III, 191; People et al. v. Block et al, 276 III, 286; see Herschbach v. Kaskaskia Island Sanitary and Levee District, 265 III, 388, and article iv, section 31. Special assessments — what is a local improvement — when may special assessments be levied — corporate authorities — special as sessment and special taxation: Craw et al. v. Village of Tolono et al, 96 III, 255; Crane et al v. West Chicago Park Commission ers, 153 III, 348; Loeffler v. City of Chicago et al, 246 III, 43. Updike V. Wright 81 III, 49; see article iv, section 31 and Herschbach v. Kaskaskia Island Sanitary and Levee District, 265 IZZ., 388. West Chicago Park Commissioners v. Western Union Telegraph Company, 103 III, 33; Cornell v. People ex rel, 107 III, 372; Wetherell v. Devine, 116 III, 631; West Chicago Park Commis sioners V. Sweet et al, 167 III, 326, and see Van Nada et al. v. Goedde et aZ., 263 III, 105. Kuehner et al v. City of Freeport, 143 III, 92; Hoover v. People ex rel, 171 III, 182. Section 10. The General Assembly shall not impose taxes upon municipal corporations, or the inhabitants or property thereof, for corporate purposes, but shall require that all the taxable property within the limits of municipal corporations shall be taxed for the CONSTITUTION OF THE STATE OF ILLINOIS 149 payment of debts contracted under authority of law, such taxes to be uniform in respect to persons and property, within the juris diction of the body imposing the same. Private 'property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal corporation. Marshall et al. v. Silliman et al, 61 HI, 218; City of Chicago v. Manhattan Cement Company, 178 IZZ., 372; Morgan et al. v. Schusselle et aZ., 228 III, 106; People et al v. Block et al, 276 III, 286; see Wilson v. Board of Trustees of the Sanitary District of Chicago et al, 133 III, 443; see article ix, sections 1, 9. ' Section 11. No person who is in default, as collector or cus todian of money or property belonging to a municipal corporation shall be eligible to any office in or under such corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office, shall be increased or diminished during such term. County of Cook v. Sennott, 136 III, 314; Wolf v. Hope, 210 III, 50; City of Chicago v. Wolf et al, 221 III, 130; see article iv, sections 19, 21; article v, section 23; article vi, sections 7, 16, 25; article vm, section 5; article x, section 10. Section 12. No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing in debtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness. Any couniy, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt, as it falls due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same. This section shallnot be construed to prevent any county, city, township, school district, or other municipal corporation, from issuing their bonds in compliance with any vote of the people which may have been had prior to the adoption of this Constitution in pursuance of any law providing therefor. 150 ILLINOIS HISTORICAL COLLECTIONS City of Bloomington v. Perdue, 99 III, 329; Wilson v. Board of Trustees of the Sanitary District of Chicago et al, 133 III, 443; City of Chicago v. Manhattan Cement Company, 178 IZZ., 372; City of Chicago et al. v. Fishburn, 189 III, 367; Russell v. High School Board of Education et al, 212 III, 327; Lobdell et al v. City of Chicago et aZ., 227 IZZ., 218; Schnell et al v. City of Rock Island et aZ., 232 III, 89; Booth v. Opel, 244 HI, 317; but see Hodges et al v. Crowley, 186 III, 305; People ex rel. v. Chicago and Alton Rail road Company et o-Z., 253 HI, 191; People ex rel. v. Honeywell, 258 III, 319; see article ix, section 8. Section 13. The corporate authorities of the city of Chicago are hereby authorized to issue interest-bearing bonds of said city to an amount not exceeding five million dollars, at a rate of interest not to exceed five per centum per annum, the principal payable within thirty years from the date of their issue, and the proceeds thereof shall be paid to the treasurer of the World's Columbian Ex position, and used and disbursed by him under the direction and control of the directors in aid of the World's Columbian Exposition, to be held in the city of Chicago in pursuance of an act of Congress of the United States: Provided, that if, at an election for the adoption of this amendment to the constitution, a majority of the votes cast within the limits of the city of Chicago shaU be against its adoption, then no bonds shall be issued under this amendment. And said corporate authorities shall be repaid as large a proportion ate amount of the aid given by them as is repaid to the stockholders on the sums subscribed and paid by them, and the money so re ceived shall be used in the redemption of the bonds issued as afore said : Provided, that said authorities may take, in whole or in part of the sum coming to them, any permanent improvements placed on land held or controlled by them: And provided further, that no such indebtedness so created shall in any part thereof be paid by the State, or from any State revenue, tax or fund, but the same shall be paid by the said city of Chicago alone.' Stone V. City of Chicago, 207 IZZ., 492. •Section 13 was added by the fifth amendment to the constitution. The amendment was proposed by a resolution of the general assembly in 1890. It was ratified by the voters on November 4, 1890, and pro claimed adopted on November 29 of the same year. CONSTITUTION OF THE STATE OF ILLINOIS 151 ARTICLE X Counties Section 1. No new county shaU be formed or established by the General Assembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than four himdred 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 3. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county, voting on the question, shall vote for the same. People ex rel v. Marshall, 12 III, 391. Section 3. There shall be no territory stricken from any county, unless a majority of the voters living in such territory, shall petition for such division; and no territory shall be added to any county without the consent of the majority of the voters of the county to which it is proposed to be added. But the portion so stricken off and added to another county, or formed in whole or in part into a new county, shall be holden for, and obliged to pay its proportion of the indebtedness of the county from which it has been taken. People ex riel. v. Marshall, 12 III, 391. County Seats Section 4. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed in pursuance of law, and three-fifths of the voters of the county, to be ascertained in such manner as shall be provided by general law, shall have voted in favor of its removal to such point; and no person shall vote on such question who has not resided in the county six months, and in the election precinct ninety days next preceding such elec- —13 H c 153 ILLINOIS HISTORICAL COLLECTIONS tion. The question of the removal of a county seat shall not be oftener submitted than once in ten years, to a vote of the people. But when an attempt is made to remove a county seat to a point nearer to the center of the county, then a majority vote only shall be necessary.' Village of Ridgway v. County of Gallatin et al, 181 111, 521. County Government (Section 5. The General Assembly shall provide, by general law, for township organization, under which any county may or ganize whenever a majority of the legal voters of such county, voting at any general election, shall so determine, and whenever any county shall adopt township organization, so much of this con stitution as provides for the management of the fiscal concerns of the said county by the board of county commissioners, may be dis pensed with, and the affairs of said county may be transacted in such manner as the General Assembly may provide. And in any county that shall have adopted a township organization, the ques tion of coiitinuing the same may be submitted to a vote of the electors of such county, at a general election, in the manner that now is or may be provided by law; and if a majority of aU the votes cast upon that question shall be against township organiza tion, then such organization shall cease in said county; and aU laws in force in relation to counties not having township organi zation, shall immediately take effect and be in force in such county. No two townships shall have the same name; and the day of holding the annual township meeting shall be uniform throughout the State. People ex rel v. Knopf, 171 III, 191; People v. Board of Com missioners of Cook County et al, 176 III, 576; People ex rel. v. Martin, 178 III, 611. ' In the section as it originally appeared the words "a majority" appeared instead of the word "three-fifths" and the last sentence was omitted. Under the terms of section 12 of the schedule the word "three-fifths" was substituted for the words "a majority" and the last sentence of the section was added. CONSTITUTION OF THE STATE OF ILLINOIS 153 Section 6. At the first election of County Judges under this Constitution, there shall be elected in each of the counties in this State, not under township organization, three officers, who shall be styled "The Board of County Commissioners," who shall hold ses sions for the transaction of county business as shall be provided by law. One of said commissioners shall hold his office for one year, one for two years, and one for three years, to be determined by lot; and every year thereafter one such officer shall be elected in each of said counties for the term of three years. People ex rel v. McCormick, 261 III, 413. Section 7. The county affairs of Cook county shall be man aged by a Board of Commissioners of fifteen persons, ten of whom shaU be elected from the city of Chicago, and five from towns outside of said city, in such manner as may be provided by law. Dahnke v. People, 168 III, 102; People ex rel. v. Board of Com missioners of Cook County et al, 176 III, 576; Morrison et al. v. People, 196 III, 454; see People ex rel v. McCormick, 261 III, 413. County Officers and Their Compensation Section 8. In each county there shall be elected the following County Officers at the general election to be held on the Tuesday after the first Monday in November, A. D. 1883, a County Judge, Coimty Clerk, Sheriff and Treasurer, and at the election to be held on the Tuesday after the first Monday in November, A. D. 1884, a Coroner and a Clerk of the Circuit Court (who may be ex-officio recorder of deeds, except in Counties having 60,000 and more in habitants, in which Counties a Eecorder of deeds shall be elected at the general election in 1884), each of said officers shall enter upon the duties of his office, respectively on the first Monday of December, after his election, and they shall hold their respective offices for the term of four years, and until their successors are elected and qualified : Provided, That no person having once been elected to the office of Sheriff, or Treasurer shall be eligible to said office for four years 154 ILLINOIS HISTORICAL COLLECTIONS after the expiration of the term for which he shall have been elected.* People ex rel. v. Kingsbury, 100 III, 509; see article vt, section 32; McChesney v. People ex rel, 174 HI, 46. Section 9. The clerks of all the courts of record, the Treas urer, Sheriff, Coroner and Eecorder of Deeds of Cook county shall receive as their only compensation for their services, salaries to be fixed by law, which shall in no case be as much as the lawful compensation of a Judge of the Circuit Court of said county, and shall be paid, respectively, only out of the fees of the office actuaUy collected. All fees, perquisites and emoluments (above the amount of said salaries) shall be paid into the county treasury. The number of the deputies and assistants of such officers shall be determined by rule of the Circuit court, to be entered of record, and their compensation shall be determined by the County Board. County of Cook v. Sennott, 1S6 III, 314; County of Cook v. Hart- ney, 169 III, 566;''Helliwell et al v. Sweitzer, 278 III, 248. Section 10. The County Board, except as provided in section nine of this article, shall fix the compensation of all county officers, with the amount of their necessary clerk hire, stationery, fuel and 'other expenses, and in all cases where fees are provided for, said compensation shall be paid only out of, and shall in no instance exceed, the fees actually collected; they shall not allow either of ' As modified by the second amendment to the constitution. The amendment was proposed by a resolution of the general assembly In 1879. It was ratified by the voters on November 2, 1880, and pro claimed adopted on November 22, 1880. Section 8 as originally adopted reads: "Section 8. In each county there shall be elected the following county officers: County Judge, Sheriff, County Clerk, Clerk of the Cir cuit Court, (who may be ex officio Recorder of Deeds, except in counties having sixty thousand and more inhabitants, in which counties a Re corder of Deeds shall be elected at the general election in the year of our Lord one thousand eight hundred and seventy-two). Treasurer, Surveyor and Coroner, each of whom shall enter upon the duties of hiS office, respectively, on the flrst Monday of December after their elec tion; and they shall hold their respective offices for the term of four years, except, the Treasurer, Sheriff and Coroner, who shall hold their offices for two years, and until their successors shall he elected and qualifled." CONSTITUTION OF THE STATE OF ILLINOIS 155 them more per annum than fifteen hundred dollars, in counties not exceeding twenty thousand inhabitants; two thousand dollars in ¦counties containing twenty thousand and not exceeding thirty thou sand inhabitants; twenty-five hundred dollars in counties con taining thirty thousand and not exceeding fifty thousand inhabit ants; three thous£Uid dollars in coimties containing fifty thousand and not exceeding seventy thousand inhabitants; thirty-five hundred doUars in counties containing seventy thousand and not exceeding one hundred thousand inhabitants; and four thousand dollars in counties containing over one hundred thousand and not exceeding two hundred and fifty thousand inhabitants; and not more than one thousand dollars additional compensation for each additional one hundred thousand inhabitants : Provided, that the compensation of no officer shall be increased or diminished during his term of office. All fees or allowances by them received, in excess of their said compensation, shall be paid into the county treasury. Jennings v. Fayette County, 97 IZZ., 419; Brissenden v. County of Clay, 161 III, 216; Coles County v. Messer, 195 III, 540; but see People V. Fuller, 238 III, 116; Wulff v. Aldrich, 124111, 591; County of Cook V. Hartney, 169 III, 566; Parker v. County of Richland. 214 III, 165; People ex rel v. Chetlain, 219 IZZ., 248; People v. Williams, 232 IZZ., 519; Butzow v. Kern et al, 264 IZZ., 498; see article iv, sections 19, 21; article v, section 23; article vi, sections' 7, 16, 25; article viii, section 5; article ix, section 11. Section 11. The fees of township officers, and of each class of ¦county officers, shall be uniform in the class of counties to which they respectively belong. The compensation herein provided for shall apply only to officers hereafter elected, but all fees estabUshed by special laws shall cease at the adoption of this constitution, and such officers shall receive only such fees as are provided by general law. Board of Supervisors of Jefferson County v. Jones et aZ., 63 HI, 531. Section 13. All laws fixing the fees of State, County and Township officers shall terminate with the terms, respectively, of those who may be in office at the meeting of the first Gen- ¦eral Assembly after the adoption of this constitution; and the 156 ILLINOIS HISTORICAL COLLECTIONS General Assembly shall, by general law, uniform in its operation, provide for and regulate the fees of said officers and their succes sors, so as to reduce the same to a reasonable compensation for services actually rendered. But the General Assembly may, by general law, classify the counties by population into not more than three classes, and regulate the fees according to class. This article shall not be construed as depriving the General As sembly of the power to reduce the fees of existing officers. Kreitz v. Behrensmeyer, J49 III, 496; Cook County v. Fairbank et al, 222 III, 578. Section 13. Every person who is elected or appointed to any office in this State, who shall be paid in whole or in part by fees, shaU be required by law to make a semi-annual report, under oath, to some officer to be designated by law, of all his fees and emoluments. People ex rel v. Chetlain, 219 III, 248. ARTICLE XI Corporations Section 1. No corporation shall be created by special laws, or its charter extended, changed, or amended, except those for chari table, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the State, but the General Assembly shaU provide, by general laws, for the organiza tion of all corporations hereafter to be created. Owners of Lands v. People ex rel, 113 III, 296; People ex rel v. Chicago Gas Trust Company, 130 III, 268; Braceville Coal Com pany v. People, 147 III, 66. Section 3. AU existing charters or grants of special or ex clusive privUeges, under which organization shaU not have taken place, or which shall not have been in operation within ten days from the time this constitution takes effect, shall thereafter have no validity or effect whatever. St. Louis, Alton, and Terre Haute Railroad Company et al v. Belleville City Railway Company, 158 III, 390. Section 3. The General Assembly shall provide, by law, that in all elections for directors or managers of incorporated com panies every stockholder shaU have the right to vote, in person or- CONSTITUTION OF THE STATE OF ILLINOIS 157 hy proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock, shall equal, or to distribute them on the same principle among as many candidates as he shall think fit ; and such directors or managers shall not be elected in any other manner. Durkee v. People ex rel, 155 III, 354. Section 4. No law shall be passed by the General Assembly, granting the right to construct and operate a Street Eailroad within any city, town, or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such Street Eailroad. Bryne v. Chicago General Railway Company et al, 169 III, 75; Chicago General Railway Company v. City of Chicago, 176 HI, 253 ; Chicago and Southern Traction Company v. Illinois Central Rail road Company, 246 HI, 146; City of Chicago et al v. O'Connell et al, 278 III, 591. Banks Section 5. No State Bank shall hereafter be created, nor shall the State own or be liable for any stock in any corporation or joint stock company or association for banking purposes, now created, or to be hereafter created. No act of the General Assembly author izing or creating corporations or associations, with banking powers, whether of issue, deposit or discount, nor amendments thereto, shall go into effect or in any manner be in force, unless the same shaU be submitted to a vote of the people at the general election next succeeding the passage of the same, and be approved by a majority of all the votes cast at such election for or against such law. Reed et al. v. People ex rel, 125 1117, 592; Dupee et al. v. Swlgert, 127 IZZ., 494; but see People v. Adams State Bank, 272 III, 277; People ex rel. v. La Salle Street Trust and Savings Bank, 269 IZZ., 518; People ex rel. v. Brady, 273 III, 178; Bank of the Republic v. County of Hamilton, 21 III, 53; Smith v. Bryan, 34 III, 364; and People ex rel v. Loewenthal et al, 93 III, 191. Section 6. Every stockholder in a banking corporation or in- 158 ILLINOIS HISTORICAL COLLECTIONS stitution shall be individually responsible and Uable to its credi tors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such stockholder. Dupee et al. v. Swlgert, 127 III, 494; Golden et al. v. Cervenka et al, 278 III, 409. Section 7. The suspension of specie payments by banking in stitutions, on their circulation, created by the laws of this State, shall never be permitted or sanctioned. Every banking association now, or which may hereafter be, organized under the laws of this State, shaU make and publish a full and accurate quarterly state ment of its affairs, (which shall be certified to, under oath, by one or more of its officers) as may be provided by law. Section 8. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of State, of all bills or paper credit, designed to circulate as money, and re quire security, to the full amount thereof, to be deposited with the State Treasurer, in United States or Illinois State Stocks, to be rated at ten per cent, below their par value ; and in case of a depre ciation of said stocks to the amount of ten per cent, below par, the bank or banks owning said stocks shall be required to make up said deficiency, by depositing additional stocks. And said law shall also provide for the recording of the names of all stockholders in such corporations, the amount of stock held by each, the time of any transfer thereof, and to whom such transfer is made. People ex rel. v. La Salle Street Trust and Savings Bank, 269 III, 518. Railroads Section 9. Every railroad corporation organized or doing busi ness in this State, under the laws or authority thereof, shall have and maintain a public office or place in this State for the transac tion of its business, where transfers of stock shaU be made and in which shall be kept, for public inspection, books, in which shall be recorded the amount of capital stock subscribed, and by whom; the names of the owners of its stock, and the amounts owned by them respectively ; the amount of stock paid in and by whom ; the CONSTITUTION OF THE STATE OF ILLINOIS 159 transfers of said stock ; the amount of its assets and liabilities, and the names and place of residence of its officers. The directors of every railroad corporation shall, annually, make a report, under oath, to the Auditor of Public Accounts, or some officer to be designated by law, of all their acts and doings, which report shall include such matters relating to railroads as may be prescribed by law. And the General Assembly, shall pass laws enforcing by suitable penalties the provisions of this section. Section 10. The rolling stock, and all other movable property belonging to any railroad company or corporation in this State, shaU be considered personal property, and shaU be liable to exe- . cution and sale in the same manner as the personal property of individuals, and the General Assembly shall pass no law exempting any such property from execution and sale. Palmer v. Forbes et al, 23 III, 301. Section 11. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place except upon public notice given, of at least sixty days, to aU stockholders, in such manner as may be provided by law. A majority of the directors of any railroad corporation, now incorpo rated or hereafter to be incorporated by the laws of this State, shall be citizens and residents of this State. Chicago and Milwaukee Electric Railroad Company v. Chicago and Northwestern Railway Company et aZ., 211 III, 352; Venner V. Chicago City Railway Company, 258 IZZ., 523. Section 12. Eailways heretofore constructed or that may hereafter be constructed in this State, are hereby declared pubUc 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. Toledo, Peoria, and Warsaw Railway Company v. Pence, 68 III, 524; Koelle et al v. Knecht et al, 99 III, 396; Chicago, Burlington, and Quincy Railroad Company v. Jones, I49 111, 361; People ex rel V. St. Louis, Alton, and Terre Haute Railroad Company, 176 160 ILLINOIS HISTORICAL COLLECTIONS III, 512; LItchfleld and Madison Railway Company et al v. People ex rel, 222 III, 242. Section 13. No railroad corporation shall issue any stock or bonds, except for money, labor or property, actuaUy received, and appUed to the purposes for which such corporation was created; and all stock dividends, and other fictitious increase of the capital stock or indebtedness of any such corporation, shall be void. The capital stock of no railroad corporation shaU be increased for any purpose, except upon giving sixty days public notice, in such manner as may be provided by law. Peoria and Springfleld Railroad Company v. Thompson, 103 III, 187; People v. Union Consolidated Elevated Railway Company, 263 in., 32; People v. Union Elevated Railroad Company, 269 HI, 212. Section 14. The exercise of the power, and the right of emi nent domain shall never be so construed or abridged as to prevent the taking, by the General Assembly, of the property and franchises of incorporated companies already organized, and subjecting them to the public necessity the same as of individuals. The right of trial by jury shall be held inviolate in all trials of claims for compensation, when, in the exercise of the said right of eminent domain, any incorporated company shall be interested either for or against the exercise of said right. Alton and Southern Railroad v. Vandalia Railroad Company, 268 HI., 68; see article ii, section 13. Section 15. The General Assembly shaU pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this State, and enforce such laws, by adequate penalties, to the extent, if necessary, for that purpose, of forfeiture of their property and franchises. Chicago and Alton Railroad Company v. People ex rel, 67 III, 11. ARTICLE XII Militia Section 1. The militia of the State of Illinois shall consist of all ablebodied male persons, resident in the State, between the CONSTITUTION OF THE STATE OF ILLINOIS 161 ages of eighteen and forty-five, except such persons as now are, or hereafter may be, exempted by tiie laws of the United States, or of this State. Dunne v. People, 94 IZZ., 120. Section 2. The General Assembly, in providing for the or ganization, equipment and discipline of the militia, shall conform as nearly as practicable to the regulations for the government of the armies of the United States. Section 3. AU mUitia officers shall be commissioned by the Governor, and may hold their commissions for such time as the General Asembly may provide. Section 4. The militia shall, in aU cases; except treason, felony or breach of the peace, be privileged from arrest during their attendance at musters and elections, and in going to and returning from the same. Section 5. The military records, banners and relics of the State, shall be preserved as an enduring memorial of the patriotism and valor of Illinois, and it shall be the duty of the General Assembly to provide by law for the safe-keeping of the same. Section 6. No person having conscientious scruples against bearing arms, shall be compelled to do miUtia duty in the time of peace: Provided, such person shall pay an equivalent for such exemption. ARTICLE XIII Warehouses Section 1. All elevators or storehouses where grain or other property is stored for a compensation, whether the property stored be kept separate or not, are declared to be public warehouses. Mayer v. Springer, 192 III, 270; Hannah v. People ex rel, 198 III, 77; State Public Utilities Commission v. Monarch Refriger ating Company, 267 IZZ., 528. Section 3. 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, before some officer to be designated by law, and keep the same posted in some conspicuous place in the office of such ware house, and shall also file a copy for public examination in such 163 ILLINOIS HISTORICAL COLLECTIONS 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 pf making such statement, outstanding therefor; and shall, on the copy posted in the warehouse, note daUy such changes as may be made in the quantity and grade of grain in such ware house; 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 property stored in any warehouse, or holder of a receipt for the same, shall always be at Hberty 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 railroads shall weigh or measure grain at points where it is shipped, and receipt for the full amount, and shaU be responsible for the delivery of such amount to the owner or consignee thereof, at the place of destination. Shellabarger Elevator Company v. Illinois Central Railroad Com pany, 278 IZZ., 333. 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 or the elevator or public ware house can be reached by any track owned, leased or used, or which can be used, by such railroad companies; and all railroad com panies 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. Hoyt et al. v. Chicago, Burlington, and Quincy Railroad Com pany, 93 III, 601; Millett v. People, 117 IZZ., 294; Chicago and Alton Railroad Company v. Suffern et al, 129 III, 274; Chicago, Madison, and Northern Railroad Company et al. v. National Elevator and Dock Company et al, 153 III, 70. 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 receipts, and to give full effect to this article of the CONSTITUTION OF THE STATE OF ILLINOIS 163 constitution, which shall be liberaUy construed so as to protect producers and shippers. And the enumeration of the remedies herein named shall not be construed to deny to the General As sembly the power to prescribe by law such other and further remedies as may be found expedient, or to deprive any person of existing common law remedies. Munn et al. v. People, 69 III, 80; 94 U. S., 113; Hannah v. People, J98 HI, 77; Shellabarger Elevator Company v. Illinois Central Railroad Company, 278 IZZ., 333. Section 7. The General Assembly shall pass laws for the inspection of grain, for the protection of producers, shippers and receivers of grain and produce. People V. Harper et al, 91 III, 357; Board of Trade of the City of Chicago et al. v. Cowen et al, 252 111, 554. ARTICLE xrv 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 Convention. The qualification of members shall be the same as that of members of the Senate, and vacancies occurring shall be filled in the manner provided for filling vacancies in the General Assembly. Said Convention shall meet within three months after 164 ILLINOIS HISTORICAL COLLECTIONS such election, and prepare such revision, alteration or amendments of the Constitution as shall be deemed necessary, which shall be submitted to the electors for their 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 submitted and approved, by a majority of the electors voting at the election, no such revision, alterations or amendments shall take effect. Section 3. 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 respec tive journals, and said amendments shall be submitted to the elec tors of this State for adoption or rejection, at the next election of members of the General Assembly, in such manner as may be pre scribed by law. The proposed amendments shall be published in full at least three months preceding the election, and if a majority of the electors voting at said election shall vote for the proposed amendments, they shall become a part of this Constitution. But the General Assembly shall have no power to propose amendments to more than one article of this Constitution at the same session, nor to the same article oftener than once in four years. People ex rel. v. Board of Supervisors of La Salle County, lOO III, 495; City of Chicago v. Reeves, 220 III, 274; People v. Steven son, 281 III, 17. SECTIONS SEPARATELY SUBMITTED' Illinois Central Railroad No contract, obligation or liability whatever, of the Illinois Central Eailroad Company, to pay any money into the State treasury, nor any lien of the State upon, or right to tax property of said Company, in accordance with the provisions of the charter of said company, approved February tenth, in the year of our Lord one thousand eight hundred and fifty-one, shall ever be " See schedule, section 12. CONSTITUTION OF THE STATE OF ILLINOIS 165 released, suspended, modified, altered, remitted, or in any manner diminished or impaired by legislative or other authority; and all moneys derived from said company, after the payment of the State debt, shall be appropriated and set apart for the payment of the ordinary expenses of the State government, and for no other purposes whatever. State of Illinois v. Illinois Central Railroad Company, 246 III, 188. Minority Representation (See article iv, sections 7 and 8) Municipal Subscriptions to Eailroads or Private Corporations No county, city, town, township, or other municipality, shall ever become subscriber to the capital stock of any railroad or private corporation, or make donation to or loan its credit in aid of, such corporation : Provided, however, that the adoption of this article shall not be construed as affecting the right of any such municipality to make suoh subscriptions where the same have been authorized, under existing laws, by a vote of the people of such municipalities prior to such adoption. Casey et al. v. People ex rel, 132 III, 546; Williams v. People ex rel, 132 III, 574; Washlngtonian Home of Chicago v. City of Chicago, 157 III, 414; Stebblns v. Perry County, 167 IZZ., 567; City of Chicago v. Pittsburg, Cincinnati, Chicago, and St. Louis Rail way Company, 244 IZZ., 220; Town of Concord v. Portsmouth Sav ings Bank, 92 U. S., 625. Canal The Illinois and Michigan Canal, or other canal or waterway owned by the State shall never be Sftlfil or leased until the specific proposition for the sale or lease thereof shall first have been sub mitted to a vote of the people of the State at a general election, and have been approved by a majority of all the votes polled at such election. The General Assembly shall never loan the credit of the State or make appropriations from the treasury thereof, in aid of railroads or canals; 166 ILLINOIS HISTORICAL COLLECTIONS Provided, that any surplus earnings of any canal, waterway or water power may be appropriated or pledged for its enlargement, maintenance or extension; and. Provided, fwrther, that the General Assembly may, by suitable legislation, provide for the construction of a deep waterway or canal from the present water power plant of the Sanitary District of Chicago at or near Lockportj in the township of Lockport, in the county of Will, to a point in the Illinois river at or near Utica, which may be practical for a general plan and scheme of deep waterway along a route which may be deemed most advantageous for such plan of deep waterway; and for the erection, equipment and maintenance of power plants, locks, bridges, dams and ap pliances sufficient and suitable for the development and utilization of the water power thereof; and authorize the issue, from time to time, of bonds of this State in a total amount not to exceed twenty million dollars, which shall draw interest, payable semi-annually, at a rate not to exceed four per cent per annum, the proceeds whereof may be applied as the General Assembly may provide, in the eonstruction of said waterway and in the erection, equipment and maintenance of said power plants, locks, bridges, dams and appliances. All power developed from said waterway may be leased in part or in whole, as the General Assembly may by law provide, but in the event of any lease being so executed, the rental specified therein for water power shall be subject to a revaluation each ten years of the term created, and the income therefrom shall be paid into the treasury of the State.^" "As amended by the seventh amendment to the constitution. The amendment was proposed by a resolution of the general assembly in 1907. It was ratified by the voters on November 3, 1908, and pro claimed adopted on November 24, 1908. The original section was as follows : "The Illinois and Michigan Canal shall never be sold or leased until the specific proposition for the sale or lease thereof shall first have been submitted to a vote of the people of the State, at a general elec tion, and have been approved by a majority of all the votes polled at such election. "The General Assembly shall never loan the credit of the State or make appropriations from the treasury thereof, in aid of railroads CONSTITUTION OF THE STATE OF ILLINOIS 167 Burke v. Snively et aZ., 208 III, 328; Hubbard v. Dunne et al, 276 HI, 598. Convict Labor ^^ Hereafter it shall be unlawful for the Commissioners of any Penitentiary, or other reformatory institution in the State of Illi nois, to let by contract to any person, or persons, or corporations, the labor of any convict confined within said institution.^" SCHEDULE That no inconvenience may arise from the alterations and amend ments made in the constitution of this State, and to carry the same into complete effect, it is hereby ordained and declared : Section 1. That aU laws in force at the adoption of this Con stitution, not inconsistent therewith, and all rights, actions, prose cutions, claims, and contracts of this State, individuals, or bodies corporate, shall continue to be as valid as if this Constitution had not been adopted. City of Bloomington v. Pollock, 141 III, 346. Section 3. That all fines, taxes, penalties and forfeitures, due and owing to the State of Illinois under the present constitu tion and laws, shall inure to the use of the people of the State of IlUnois, under this Constitution. Section 3. Eecognizances, 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 misdemeanors shall be tried and punished as though no change had been made in the Constitution of this State. or canals: Provided, that any surplus earnings of any canal may be appropriated for its enlargement or extension." '^The original amendment contains no title. " The separate section relating to convict labor was added as the fourth amendment to the constitution. The amendment was proposed by resolution of the general assembly in 1885. It was ratifled by the voters on November 2, 1886, and proclaimed adopted, on November 22, 1886. — 14 H C 168 ILLINOIS HISTORICAL COLLECTIONS Section 4. County courts for the transaction of county busi ness in counties not having adopted township organization, shaU continue in existence, and exercise their present jurisdiction until 1 the board of county commissioners provided in this Constitution, is organized in pursuance of an act of the General Assembly; and the county courts in all other counties shall have the same power and jurisdiction they now possess until otherwise provided by general law. Blake et al. v. Peckham, 64 III, 362; Shaw et al. v. Hill et al, 67 III, 455. Section 5. All existing courts which are not in this Consti tution specifically enumerated, shall continue in existence and exercise their present jurisdiction until otherwise provided by law. People ex rel. v. Common Council of the City of Aurora et al, 84 HI, 157. Section 6. All persons now filling any office or appointment shall continue in the exercise of the duties thereof, according to their respective commissions or appointments, unless by this Con stitution it is otherwise directed. People ex rel v. Lipplncott, 67 III, 333. Section 7. On the day this Constitution is submitted to the people for ratification, an election shall be held for judges of the Supreme Court in the second, third, sixth and seventh judicial election districts designated in this Constitution, and for the election of three judges of the Circuit Court in the county of Cook, as provided for in the article of this Constitution relating to the Judiciary, at which election, every person entitled to vote, according to the terms of this Constitution, shall be allowed to vote, and the, election shall be otherwise conducted, returns made and certificates issued, in accordance with existing laws, except that no registry shall be required at said election: Provided, that at said election in the county of Cook no elector shall vote for more than two candidates for circuit judge. If, upon canvassing the votes for and against the adoption of this Constitution, it shaU appear that there has been polled a greater number of votes against than for it, then no certificates of election shall be issued for any of said Supreme or Circuit Judges. CONSTITUTION OF THE STATE OF ILLINOIS 169 Section 8. This Constitution shaU be submitted to the people of the State of Illinois for adoption or rejection, at an election to be held on the first Saturday in July in the year of our Lord one thousand eight hundred and seventy, and there shall be separately submitted at the same time, for adoption or rejection, sections nine, ten, eleven, twelve, thirteen, fourteen and fifteen, relating to rail roads, in the article entitled "Corporations;" the article entitled "Counties;" the article entitled "Warehouses;" the question of re quiring a three-fifths vote to remove a county seat; the section relating to the IlUnois Central Eailroad; the section in relation to minority representation; the section relating to municipal sub scriptions to railroads or private corporations; and the section re lating to the Canal. Every person entitled to vote under the pro visions of this Constitution, as defined in the article in relation to "Suffrage" shall be entitled to vote for the adoption or rejec tion of this Constitution, and for or against the articles, sections and question aforesaid, separately submitted; and the said quali fied electors shall vote at the usual places of voting, unless otherwise provided; and the said election shall be conducted, and returns thereof made according to the laws now in force regulating general elections, except that no registry shall be re quired at said election: Provided, however, that the polls shall be kept open for the reception of ballots until sunset of said day of election. Section 9. The Secretary of State shall, at least twenty days before said election, cause to be deUvered to the County Clerk of each county blank poU-books, tally lists and forms of return, and twice the number of properly prepared printed ballots for the said election that there are voters in such county, the expense whereof shaU be audited and paid as other public printing ordered by the Secretary of State is, by law, required to be audited and paid ; and the several county clerks shall, at least five days before said elec tion, cause to be distributed to the board of election, in each election district in their respective counties, said blank poll-books, tally-lists, forms of return, and tickets Section 10. At the said election the ballots shall be in the foUowing form: 170 ILLINOIS HISTORICAL COLLECTIONS New Constitution Ticket For all the propositions on this ticket which are not cancelled with ink or pencil; and against all propositions which are so cancelled. For the new Constitution. For the sections relating to railroads in the article entitled "Corporations." For the article entitled "Counties." For the article entitled "Warehouses." For a three-fifths vote to remove County Seats. For the section relating to the Illinois Central Eailroad. For the section relating to Minority Eepresentation. For the section relating to Municipal Subscriptions to Eail roads or Private Corporations. For the section relating to the Canal. Bach of said tickets shall be counted as a vote cast for each proposition thereon not canceUed with ink or pencil, and against each proposition so cancelled, and returns thereof shall be made accordingly by the judges of election. Section 11. The returns of the whole vote cast, and of the votes for the adoption or rejection of this Constitution, and for or against the articles and sections respectively submitted, shall be made by the several county clerks, as is now provided by law, to the Secretary of State, within twenty days after the election; and the returns of the said votes shall, within five days thereafter, be examined and canvassed by the Auditor, Treasurer and Secretary of State, or any two of them, in the presence of the Governor, and proclamation shall be made by the Governor, forthwith, of the result of the canvass. Section 13. If it shall appear that a majority of the votes polled are "For the New Constitution," then so much of this Constitution as was not separately submitted to be voted on by articles and sections, shall be the supreme law of the State of lUinois, on and after Monday the eighth day of August, in the year of our Lord one thousand eight hundred and seventy ; but if it shall appear that a majority of the votes polled were "Against the New Constitution," then so much thereof as was not separately CONSTITUTION OF THE STATE OF ILLINOIS 171 submitted to be voted on by articles and sections, shaU be null and void. If it shall appear that a majority of the votes polled, are "for the sections relating to Eailroads in the article entitled "Corpora tions"; sections nine, ten, eleven, twelve, thirteen, fourteen and fifteen, relating to Eailroads in the said article, shall be a part of the Constitution of this State ; but if a majority of said votes are against such sections, they shall be null and void. If a majority of the votes polled are for the article entitled "Counties," such article shall be part of the Constitution of this State and shall be substituted for article seven, in the present Constitution entitled "Counties" ; but if a majority of said votes are against such article, the same shall be null and void. If a majority of the votes polled are "for the article entitled "Warehouses," such article shall be part of the Constitution of this State, but if a majority of the votes are against said article, the same shall be null and void. If a ma jority of the votes polled are for either of the sections separately submitted, relating respectively, to the "Illinois Central Eailroad," "Minority Eepresentation," "Municipal Subscriptions to Eailroads or Private Corporations," and the "Canal," then such of said sec tions as shall receive such majority shall be a part of the Constitu- ' tion of this State ; but each of said sections so separately submitted against which, respectively, there shall be a majority of the votes polled, shall be null and void : Provided, that the section relating to "Minority Eepresentation," shall not be declared adopted unless the portion of the Constitution not separately submitted to be voted on by articles and sections shall be adopted, and in case said section relating to "Minority Eepresentation" shall become a portion of the Constitution, it shall be substituted for sections seven and eight of the Legislative Article. If a majority of the votes cast at such election shall be for a three-fifths vote to remove a county seat, then the words "a majority" shall be stricken out of section four of the Article on Coijnties, and the words "three-fifths" shall be inserted in lieu thereof; and the following words shall be added to said section, to-wit : "But when an attempt is made to remove a county seat to a point nearer to the center of a county, then a majority vote only shall be necessary." If the foregoing proposition shaU 173 ILLINOIS HISTORICAL COLLECTIONS not receive a majority of the votes, as aforesaid, then the same shall have no effect whatever. Section 13. Immediately after the adoption of this Constitu tion, the Governor and Secretary of State shall proceed to ascertain and fix the apportionment of the State for members of the first House of Eepresentatives under this Constitution. The apportion ment shall be based upon the Federal census of the year of our Lord one thousand eight hundred and seventy of the State of Illi nois, and shall be made strictly in accordance with the rules and principles announced in the article on the Legislative Department of this Constitution: Provided, that in case the Federal census aforesaid can not be ascertained prior to Friday, the twenty-third day of September, in the year of our Lord one thousand eight hundred and seveniy, then the said apportionment shall be based on the State census of the year of our Lord one thousand eight hundred and sixty-five, in accordance with the rules and principles aforesaid. The Governor shall, on or before Wednesday, the twenty-eighth day of September, in the year of our Lord one thousand eight hundred and seventy, make official announcement of the said apportionment, under the great seal of the State; and one hundred copies thereof, duly certified, shall be forthwith trans mitted by the Secretary of State to each county clerk for distri bution. Section 14. The districts shall be regularly numbered, by the Secretary of State, commencing with Alexander County as Number One, and proceeding then northwardly through the State, and terminating with the county of Cook ; but no county shaU be num bered as more than one district, except the county of Cook, which shall constitute three districts, each embracing the territory con tained in the now existing representative districts of said county. And on the Tuesday after the first Monday in November, in the year of our Lord one thousand eight hundred and seventy, the members of the first House of Eepresentatives under this Constitu tion shall be elected according to the apportionment fixed and announced as aforesaid, and shall hold their offices for two years, and until their successors shall be elected and qualified. Section 15. The Senate, at its first session under this Consti- CONSTITUTION OF THE STATE OF ILLINOIS 173 tution, shaU consist of fifty members, to be chosen as f oUows : At the General Election held on the first Tuesday after the first Mon day of November, in the year of our Lord one thousand eight hundred and seventy, two Senators shall be elected in districts where the term of Senators expire on the, first Monday of January, in the year of our Lord one thousand eight hundred and seyenty- one, or where there shall be a vacancy, and in the remaining dis tricts one Senator shall be elected. Senators so elected shall hold their office two years. Section 16. The General Assembly, at its first session held after the adoption of this Constitution, shall proceed to apportion the State for members of the Senate and House of Eepresentatives, in accordance with the provisions of the article on the Legislative Department. Section 17. When this constitution shall be ratified by -the people, the Governor shall forthwith, after having ascertained the fact, issue writs of election to the sheriffs of the several counties of this State, or in case of vacancies, to the coroners, for the elec tion of all the officers, the time of whose election is fixed by this constitution or schedule, and it shaU be the duty of said sheriffs or coroners to give such notice of the time and place of said election as is now prescribed by law. Section 18. All laws of the State of Illinois, and all official writings, and the Executive, Legislative and Judicial proceedings, shall be conducted, preserved and published in no other than the English language. City of Chicago et al v. McCoy, 136 III, 344; Stein, ei al. v. Meyers, S5S III, 199; Loehde v. Glos, 265 III, 401; People ex rel v. Day, 277 III, 543. Section 19. The General Assembly shall pass all laws neces sary to carry into effect the provisions of this Constitution. Section 30. The circuit clerks of the different counties having a population over sixty thousand, shall continue to be Eecorders (ex officio)' for their respective counties, under this constitution, until the expiration of their respective terms. Section 31. The judges of all courts of record in Cook county shall, in lieu of any salary provided for in this Constitution, re- 174 ILLINOIS HISTORICAL COLLECTIONS ceive the compensation now provided by law until the adjournment of the first session of the General Assembly after the adoption of this Constitution. People ex rel. v. Auditor of Public Accounts, 64 HI, 82. Section 33. The present judge of the circuit court of Cook county shall continue to hold the circuit court of Lake county until otherwise provided by law. Section 33. When this constitution shall be adopted, and take effect as the supreme law of the State of Illinois, the two-mUl tax provided to be annually assessed and collected upon each dollar's worth of taxable property, in addition to all other taxes, as set forth in article fifteen of the now existing constitution, shall cease to be assessed after the year of our Lord one thousand eight hun dred and seventy. Section 34. Nothing contained in this Constitution shall be so construed as to deprive the General Assembly of power to au thorize the city of Quincy to create any indebtedness for railroad or municipal purposes for which the people of said city shaU have voted and to which they shall have given, by such vote, their assent, prior to the thirteenth day of December, in the year of our Lord one thousand and eight hundred and sixty-nine: Provided, that no such indebtedness, so created, shall, in any part thereof be paid by the State, or from any State revenue tax or fund, but the same shall be paid, if at all, by the said city of Quincy alone, and by taxes to be levied upon the taxable property thereof; and pro vided, further, that the General Assembly shall have no power in the premises, that it could not exercise under the present consti tution of this State. See separate section relating to municipal subscriptions to rail roads or private corporations. Section 35. In case this Constitution, and the articles and sections submitted separately, be adopted, the existing Constitution shall cease in all its provisions, and in case this Constitution be adopted, and any one or more of the articles or sections submitted separately be defeated, the provisions of the existing constitution, if any, on the same subject shall remain in force.^* " In the original manuscript the word "force" appears "forced." CONSTITUTION OF THE STATE OF ILLINOIS 175 Section 36. The provisions of this constitution required to be executed prior to the adoption or rejection thereof shall take effect and be in force immediately.^* Done in convention at the capitol, in the City of Springfield, on the thirteenth day of May, in the year of our Lord one thousand eight hundred and seventy, and of the Independence of the United States of America the ninety-fourth. IN WITNESS WHEEEOF, We have hereunto subscribed our names : CHAELES HITCHCOCK, President William J. Allen Hiram H. Cody John Abbott W. F. Coolbaugh James C. Allen Alfred M. Craig Elliott Anthony Eobert J. Cross Wm. E. Archer Samuel P. Cummings Henry I. Atkins G. S. Eldridge James P. Bayne James W. English E. M. Benjamin John Dement H. P. H. BromweU David EUis 0. H. Browning Ferris Forman William G. Bowman Jesse C. Fox Silas L. Bryan Miles A. Fuller H. P. Buxton John P. Gamble Daniel Cameron Addison Goodell William Carey John C. Haines Lawrence S. Chureh Elijah M. Haines " In the original manuscript immediately after section 26 the follow ing appears: "Note. — The following named interlineations were made before the signing: In section 9, bill of rights, fourth line, the words 'or district;' In section 10, executive article, second line, the word 'all ; ' In section 4, judicial article, first line, the words 'continued to;' In section 11, same article, eighth line, the words 'times and;' In section 11, revenue article, second line, the word 'corporation;' In section 7, county article, first line, the word 'county;' In section 8, article on corporations, fourth line, the word 'their;' In section 20, schedule, second line, the words 'to be recorders.' " 176 ILLINOIS HISTORICAL COLLECTIONS John W. Hankins E. P. Hanna Joseph Hart Abel Harwood MUton Hay Samuel Snowden Hayes Jesse S. Hildrup Eobert A. King Ja. McCoy Charles E. McDowell William C. Goodhue Joseph Medill CUfton H. Moore Jonathan Merriam Joseph Parker Samuel C. Parks Peleg S. Perley J. S. Poage Edward Y. Eice James P. Eobinson Lewis W. Eoss William P. Peirce Jno. Scholfield James M. Sharp Henry Sherell Wm. H. Snyder 0. C. Skinner Westel W. Sedgwick Charles F. Springer John L. Tincher C. Truesdale Henry Tubbs Thomas J. Turner Wm. H. Underwood Wm. L. Vandeventer Henry W. Wells George E. Wait George W. Wall E. B. Sutherland D. C. Wayner George E. Wendling Chas. Wheaton L. D. Whiting John H. Wilson Orlando H. Wright N. J. PiUsbury Attest : JOHN Q. HAEMON, Secretary DANIEL SHEPHEED, First Assistant Secretary A. H. SWAIN, Second Assistant Secretary TABLE OF CASES TABLE OF OASES Abbott, People ex rel. v., 27.4 HI., 380, 117. Abington, Town of, v. Cabeen, lOQ III., 200, 57. Adams County, Board of Supervisors of, People ex rel. v., 185 III., 288, 119. Adams, County of, Jimison v., ISO III., 558, 145. Adams State Bank, People v., 272 III., 277, 157. Alberts et al. v. Town of Danforth et al., 281 III., 531, 143. Aldrich, Wulff v., 124 HI-, 591, 155. Alexander et al., Yeazel v., 58 III., 354, 52. Alton and Southern Eailroad v. Vandalia Eailroad Company, 268 III, 68, 160. Alton, City of. Sawyer v., S Scammon {4 III.), 137, 27, 43. Alton, Mayor and Common Council of. People ex rel. v., 193 III., 309, 144. Alton, Mayor and Common Council of, People ex rel. v., 2SS III., 543, 105. Ammons, Hone v., 14 III., 39, 38, 86. Arenz v. Weir, 89 III., 35, 84. Auditor of Public Accounts, Chicago Life Insurance Company v., 101 III., 83, 119. Auditor of Public Accounts, People ex rel. v., 64 HI-, 83, 174. Auditor of State, Marine Bank of Chicago v., 14 HI-, 185, 99. Auditor, People ex rel. v., 12 III, 307, 99. Auditor, People ex rel v., SO III, 434, 99. Aurora, City of, v. Schoeberleln, 230 III, 496, 108. Aurora, Common Council of the City of, et al. People ex rel. v., 84 III, 157, 168. Bangs, People v., 24 III, 184, 73. Bank of the EepubUc v. County of Hamilton, 21 III, 53, 157. Banta j). City of Chicago, 172 III, 304, 146. 179 180 ILLINOIS HISTORICAL COLLECTIONS Baptist Theological Union, City of Chicago v., 115 III, 245, 82. Barclay v. Barclay, 184 HI, 375, 107. Barger, People ex rel v., 62 III, 452, 82. Bartelsman, Gonzalia et al. v., 143 III, 634, 147. Bazzette, City of Carrollton v., 159 III, 284, 146. Beaird, Eankin v., Breese {1 III), 163, 41. Beaubien et al. v. Hamilton, 3 Scammon {4 III), 213, 36. Beaubien v. Brinckerhoff, 2 Scammon {3 III), 370, 35. Beesman v. City of Peoria, 16 III, 484, 52. Behrensmeyer, Kreitz v., 149 III, 496, 156. Belleville and Illinoistown Eailroad Company v. Gregory, 15 III, 20, 57. BeUeville, City of, et al, Prunm et al v., 59 III, 142, 82, 84. Belleville City Eailway Company, St. Louis, Alton, and Terre Haute Eailroad Company v., 158 III, 390, 156. Berkowltz v. Lester et al, 121 III, 99, 136, 141. Bessette v. People, 193 III, 334, 118. Beveridge, People ex rel. v., 38 III, 307, 56, 57, 59. Big Muddy-CarterviUe Mining Company, Cook v., 249 III, 41, 122. Birch, ex parte, 3 Gilman (8 III), 134, 32. Bishop of Chicago, Catholic, et al, Eeichwald v., 268 III, 44, 104, 145. BisseU, People ex rel v., 19 III, 229, 52. Blake et al v. Peckham, 64 III, 363, 168. Blanchard, Wood v., 19 III, 38, 52, 91. Block et al. People et al v., 276 III, 386, 148, 149. Block et al v. City of Chicago, 239 III, 351, 118. Bloomington, City of, v. Perdue, 99 III, 339, 150. Bloomington, City of, v. Pollock, 141 III, 346, 167. Board of Administration v. MUes, 278 III, 174, 104. Board of Education et al. People ex rel. v., 234 HI, 422, 144. Board of Education, People ex rel. Eing v., 245 HI, 334, 104. Board of Education, People ex rel. v., 245 III, 334, 145. Board of Education, PoweU et al v., 97 III, 375, 144. Board of Education v. Haworth, 274 HI, 538, 115, 146, 147. Board of Eeview of De Kalb County, First Congregational Church of De Kalb v., 254 HI, 230, 146. TABLE OF CASES 181 Board of School Inspectors of the City of Peoria v. People, 20 III, 525, 75. Board of Supervisors et al. v. Davis et al, 63 III, 405, 78. Board of Supervisors of Bureau County v. Chicago, Burlington, and Quincy EaUroad Company, 4.4 III, 229, 72, 81, 83. Board of Supervisors of Iroquois County et al v. Keady, 34 HI, 293, 57. Board of Supervisors of Jefferson County v. Jones et al, 63 HI, 531, 155. Board of Supervisors of Livingston County v. Welder, 64 HI, 437, 84. Board of Trade of the City of Chicago et al. v. Cowen et al, III, 554, 116, 131, 163. Boehm v. Hertz et al, 182 III, 154, 117. BoUam, People ex rel v., 182 III, 528, 139. Boneau, Erlinger v., 61 III, 94, 52. Bonney v. King et al, 201 III, 47, 108. Boon V. Juliet, 1 Scammon (2 III), 258, 39. Boone v. People, 148 III, 440, 106. Booth V. Opel, 244 HI, 317, 118, 148, 150. Borders, Sarah v., 4 Scammon (5 III), 341, 39. Bowen, Eowe v., 28 III, 116, 72. Bowers v. Green, 1 Scammon (2 III), 41, 36. Bowman, People ex rel v., 247 III, 376, 114, 120. Braceville Coal Company v. People, I47 III, 66, 156. Bradley et al. People v., 39 III, 130, 81. Bradley v. Lightcap, 201 III, 511, 107. Bradley v. People, 4 Wallace (71 U. S.), 459, 81. Brady et al. State Board of Agriculture v., 266 III, 593, 132. Brady, Fergus v., 277 III, 373, 117. Brady, People ex rel v., 273 III, 178, 157. Brady, People ex rel. v., 262 HI, 578, 114, 115. Bratsch V. People, 196 III, 165, 141. Brinckerhoff, Beaubien v., 2 Scammon (3 III), 370, 35. Brissenden v. County of Clay, 161 III, 316, 155. BroadweU, Strode v., 86 III, 419, 89. Brooks et al v. Hatch et al, 261 III, 179, 115. 182 ILLINOIS HISTORICAL COLLECTIONS Brown, People v., 11 III, 479, 80. Browne, PhUUps v., 270 III, 450, 116. Bruce v. Schuyler et al, 4 Gilman (9 III), 231, 26, 35, 41, 42, 43. Bruen et al. Graves v., 11 III, 431, 43. Bruffett et al. v. Great Western Eailroad Company of 1859, 26 III, 353, 52, 89. Brundage v. Knox et al, 279 III, 450, 121. Bryan, Smith v., 34 HI, 364, 85, 157. Buckrice v. People, 110 III, 39, 106. Bullock V. Geomble, 45 III, 318, 87. Bunn et al v. People ex rel, 45 III, 397, 69, 75, 127, 132. Burdock, Eichter v., 57 III, 410, 114. Bureau, Board of Supervisors of the County of, v. Chicago, Bur lington, and Quincy Eailroad Company, 4| III, 339, 72, 81, 83. Burgess, Commissioners of Highways of the Town of, v. Hohmeyer, 279 III, 66, 107. Burke v. Snively et al, 208 III, 338, 167. Burns v. Henderson, 20 III, 264, 73. Burritt v. Commissioners of State Contracts, 120 III, 333, 114, 116. Butler Street l^oundry and Iron Company, People ex rel v., 201 III, 336, 107. Butts, Harding v., 18 III, 503, 87. Butzow V. Kern et al, 264 Hli 498, 155. Byers, People ex rel v., 271 111, 600, 143. Byrne v. Chicago General Eailway Company/ et al, 169 III, 75, 157. Cabeen, Town of Abington v., 106 III, 300, 57. Cadiz, Board of Supervisors of Iroquois County et al. v., 34 HI, 293, 57. Caldwell et al. v. Commissioners of Highways, 249 III, 366, 107. Campbell, People ex rel v., 3 Gilman {8 III), 466, 29. Campbell v. Campbell, 22 III, 664, 72. Canby v. Hartzell, 1€7 III, 638, 133. Carlock, People ex rel v., 198 III, 150, 111. Carpenter v. Jennings et al, 77 III, 250, 107. Carpenter v. People, 3 Gilman (8 III), 147, 41. TABLE OF CASES 183 CarroUton, City of, v. Bazzette, 159 III, 284, 146. Casey et al. v. People ex rel, 132 III, 546, 165. CathoUc Bishop of Chicago et al, Eeichwald v., 258 III, 4l4:, 104, 145. Cawley et al v. People, 96 III, 249, 110. Central Military Tract Eailroad Company v. Eockafellow, 17 III, 541, 87. Cervenka et al. Golden et al v., 278 III, 409, 158. Cessna, Massie v., 239 III, 353, 104, 118. Chambers v. People ex rel, 113 III, 509, 147. Chase, People ex rel v., 166 III, 537, 132. Chetlain, People ex rel. v., 219- III, 348, 155, 156. Chicago and Alton Eailroad Company et al. People ex rel v., 253 III, 191, 150. Chicago and Alton Eailroad Company, Townsend v., 91 III, 545, 88. Chicago and Alton Eailroad Company v. People ex rel, 67 111, 11, 107, 160. Chicago and Alton Eailroad Company v. Suffern et al, 129 III, 374, 162. Chicago and Milwaukee Electric Eailroad Company v. Chicago and Northwestern Eailway Company et al, 211 III, 353, 159. Chicago and Northwesterri Eailway Company et al, Chicago and Milwaukee Electric EaUroad Company v., 211 III, 353, 159. Chicago and Southern Traction Company v. Illinois Central Eail road Company, 246 III, 146, 157. Chicago, Board of Election Commissioners of the City of. People ex rel v., 221 III, 9, 108, 110, 118. Chicago, Board of Trade of the City of, et al v. Cowen et al, 262 III, 554, 116, 131, 163. Chicago, Board of Trustees of the Sanitary District of, et al, Wil son v., 133 III, 443, 122, 149, 150. Chicago, Burlington, and Quincy Eailroad Company, Board of Supervisors of Bureau County v., .^i HI, 339, 72, 81, 83. Chicago, Burlington, and Quincy Eailroad Company, Hoyt et al. v., 93 III, 601, 162. — 15 H C 184 ILLINOIS HISTORICAL COLLECTIONS Chicago, Burlington, and Quincy Eailroad Company v. Jones, 149 III, 361, 169. Chicago, City of, and Schlesinger and Mayer, People ex rel. v., 193 III, 507, 133. Chicago, City of, Banta v., 172 III, 204, 146. Chicago, City of. Block et al v., 239 III, 251, 118. Chicago, City of, Chicago General Eailway Company v., 176 III, 253, 167. Chicago, City of, Dawson Soap Company v., 234 HI, 314, 118. Chicago, City of, et al, LobdeU et al v., 227 III, 318, 160. Chicago, City of, et al, Loeffler v., 246 III, 43, 148. Chicago, City of, et al, McVeagh v., 49 III, 318, 52. Chicago, City of, et al v. Fishburn, 189 III, 367, 150. Chicago, City of, et al v. McCoy, 136 III, 344, 173. Chicago, City of, et al v. O'ConneU et al, 278 III, 591, 157. Chicago, City of, et al v. Tribune Company, 248 III, 242, 145. Chicago, City of, Harder's Fire Proof Storage and Van Company v., 236 III, 58, 146. Chicago, City of, Prescott v., 60 III, 121, 57. Chicago, City of, Eigney v., 102 III, 64, 107. Chicago, City of, Eoby v., 64 HI, 447, 107. Chicago, City of, Scammon et al v., 4-4 HI, 269, 82, 83.- Chicago, City of. Stone v., 207 III, 493, 150. Chicago, City of, v. Baptist Theological Union, 116 III, 345, 82. Chicago, City of, v. Gage et al, 268 III, 333, 104. Chicago, City of, v. Knobel, 232 III, 113, 106. Chicago, City of, v. Larned et al, 34 HI, 203, 81, 83. Chicago, City of, v. Manhattan Cement Company, 178 III, 373, 149, 150. Chicago, City of, v. Pittsburg, Cincinnati, Chicago, and St. Louis Eailway Company, 244 HI, 230, 120, 165. Chicago, City of, v. Eeeves, 220 III, 374, 116, 164. Chicago, City of, v. WeUs, 236 III, 129, 104. Chicago, City of, v. WiUiams, 254 HI. 360, 124, 142. Chicago, City of, v. Wolf et al, 221 III, 130, 117, 131, 149. Chicago, City of, Washlngtonian Home of Chicago v., 167 III', 414, 165. TABLE OF CASES 185 Chicago City Eailway Company, Venner v., 258 III, 523, 169. Chicago Gas Trust Company, People ex rel. v., ISO III., 268, 156. Chicago General Eailway Company et al, Byrne v., 169 III, 75, 157. Chicago General Eailway Company v. City of Chicago, 176 III., 353, 157. Chicago Industrial School for Girls, Cook County v., 125 III, 540, 145. Chicago Industrial School for Girls et al., Dunn v., 280 III, 613, 146. Chicago Life Insurance Company v. Auditor of Public Accounts, 101 III, 82, 119. Chicago, Madison, and Northern Eailroad Company et al. v. National Elevator and Dock Company et al, 153 III, 70, 162. Chicago Milk Shippers' Association, Ford et al. v., 155 III, 166, 107. ^ Chicago EaUways Company, Standidge v., 264 HI, 524, 105. Chicago, Eock Island, and Pacific Eailway Company, Jones v., 281 III, 303, 120. Chicago, Eock Island, and Pacific Eailway Company v. People, 217 III, 164, 107. Chicago Union Traction Company, Eaymond v., 207 U. S., 20, 146. Choisser v. Hargrave, 1 Scammon {2 III), 317, 39. Christian, County of, v. Merrigan, 191 III, 484, 108. Christie v. People, 206 III, 337, 58, 144. Chubbuck, Wheeler v., 16 III, 361, 57. City, see under name of city. Clark, People v., 280 III, 160, 106. Clay, County of, Brissenden v., 161 III, 216, 166. Clean Street Company, People ex rel. v., 226 III, 470, 120. Cleveland, Cincinnati, Chicago, and St. Louis Eailway Company v. Eandle, 183 III, 364, 119. Cobe V. Guyer et al, 237 III, 516, 140. Cochran v. People, 176 III, 28, 106. Coles, County of, v. Goehring, 209 III, 142, 148. Coles County v. Messer, 195 III, 540, 165. Coles V. County of Madison, Breese (1 III), 154, 42. 186 ILLINOIS HISTORICAL COLLECTIONS Collins V. MetropoUtan Life Insurance Company, 232 III, 37. 107. Commercial Insurance Company v. Scammon, 12S III, 601, 105. Commercial Life Insurance Company, People v., 247 HI, 92, 120. Commercial Mutual Accident Company, David v., 243 III, 43, 142. Commissioners of Highways, Caldwell et al. v., 249 III, 366, 107. Commissioners of Highways of the Town of Burgess v. Hohmeyer, 279 III, 66, 107. Commissioners of Highways of the Town of Goshen v. Jackson, 165 III, 17, 139. Commissioners of Lincoln Park v. Fahrney, 250 III, 256, 120. Commissioners of State Contracts, Burritt v., 120 III, 323, 114, 116. Concord, Town of, v. Portsmouth Savings Bank, 92 U. S., 625, 166. Consolidated Coal Company v. MiUer et al, 2S6 III, 149, 146. Cook County, Board of Commissioners of, et al.. People ex rel. v., 176 III, 576, 152, 153. Cook County, County Commissioners of, et al. Witter v., 256 III, 616, 108, 132. Cook, County of, O'Leary v., 28 III, 534, 57. Cook, County of, v. Chicago Industrial School for Girls, 125 III, 540, 146. Cook, County of, v. Fairbank et al, 222 III, 578, 156. Cook, County of, v. Hartney, 169 III, 566, 154, 155. Cook, County of, v. Healy, 222 III, 310, 140. Cook, County of, v. Sennott, 136 III, 314, 149, 154. Cook, Kinney v., S Scammon (4 HI), 331, 40. Cook V. Big Muddy-Carterville Mining Company, 249 III, 41, 122. Coon Eun Drainage and Levee District, Wabash EaUroad Company v., 194 III, 310, 107. CorneU v. People ex rel, 107 III, 373, 148. Correspondence between Governor and Judges of the Supreme Court, 243 III, 9, 108, 142. Cosmopolitan Fire Insurance Company, People v., 246 III, 442, 142. Couchman et al. People v., 15 III, 143, 80. County, see under name of county. TABLE OF CASES 187 County Court of Madison County v. People ex rel, 68 III, 456, 84. Courter v. Simpson Construction Company, 264 HI, 488, 133. Cowen et al. Board of Trade of the City of Chicago et al. v., 252 III, 554, 116, 131, 163. Crane et al v. West Chicago Park Commissioners, 153 III, 348, 148. Craw et al. v. VUlage of Tolono et al, 96 III, 255, 148. Critzer et al, Gesford v., 2 Gilman (7 III), 698, 42. Crook V. People ex rel, 106 III, 337, 121. Cro'ssley et al. People ex rel v., 261 III, 78, 115. Crow, Ferris v., 6 Gilman {10 III), 96, 37. Crowley, Hodges et al v., 186 III, 305, 148, 150. CruU V. Keener, 17 III, 346, 72. Curry v. Hinman, 11 III, 430, 37. Czarneckl et al., Scown v., 264 HI, 305, 143. Czarneckl, People ex rel v., 266 III, 373, 144. Dahnke v. People, 168 III, 102, 163. Danforth et al. Town of, Alberts et al. v., 281 III, 531, 143. Darst et al v. People, 51 III, 286, 87. David V. Commercial Mutual Accident Company, 243 III, 43, 142. Davis et al. Board of Supervisors et al. v., 63 III, 405, 78. Dawson Soap Company v. City of Chicago, 234 HI, 314, 118. Day, in re, 181 III, 73, 108, 132. Day, People ex rel v., 277 III, 543 (556, 557), 115, 173. De Kalb County Board of Eeview, First Congregational Church of De Kalb v., 254 HI, 230, 146. Dement et al v. Eokker et al, 126 III, 174, 117, 121. Deneen et al. People ex rel. v., 247 III, 389, 112. Deneen, People v., 247 III, 289, 143. Dennis, Shaw v., 5 Gilman {10 III), 405, 83. Dental Examiners, State Board of. People v., 278 III, 144, "114. Deutsche Gemeinde, People ex rel. v., 249 III, 132, 146. Devine, Wetherell v., 116 III, 631, 148. Dickson v. People, 17 III, 191, 58. Digman, Strong v., 207 III, 385, 119. Diversey v. Smith, 103 III, 378, 84. 188 ILLINOIS HISTORICAL COLLECTIONS Dodge, Klokke v., 103 III, 125, 138, 139. Donahue v. County of WiU et al. 100 III, 94, 128. Donnelly v. People ex rel, 11 III, 552, 76. Dorman, Lane et al. v., S Scammon {4 HI), 337, 26, 41. Douglas et al. v. People ex rel, 225 III, 536, 118. Douglas V. Hutchinson et al, 183 III, 323, 108. Dragovich v. Iroquois Iron Company, 269 III, 478, 114, 115. Drainage Commissioners of the Town of Niles v. Harms, 238 III, 414, 133, 136. Drainage Commissioners, People ex rel. v., 143 III, 417, 122. Drake et al, Kochersperger v., 167 III, 123, 146. Dreyer v. People, 188 III, 40, 106. Dubois, People v., 19 III, 333, 99. Dubois, People v., 23 III, 547, 73. Dunleith, City of, v. Eeynolds, Saulpaugh and Company, 53 III, 45, 82. Dunn v. Chicago Industrial School for Girls et al, 280 III, 613, 145. Dunne et al, Hubbard v., 276 III, 598, 167. Dunne et al. People ex rel v., 268 III, 441, 109. Dunne v. People, 94 HI, 120, 161. Dupee et al v. Swigert, 127 III, 494, 157, 158. Durfee, Union Central Life Insurance Company v., 164 HI, 186, 146. Durkee v. People ex rel, 155 III, 354, 157. East St. Louis, City of, v. St. John, 47 III, 463, 88. Bast St. Louis, City of, v. Wehrung, 46 III, 392, 82, 83. Bast St. Louis et al, City of. Wider et al v., 55 III, 133, 83. Bdmands, People v., 252 III, 108, 114. Edwards v. Pope et al, 3 Scammon (4 III), 464, 26, 41. Effingham County, Board of Eeview of. Supreme Lodge v.. Ill, 54, 146. Election Commissioners, People v., 221 III, 9, 143. Elerding, People v., 254 HI, 579, 104. EngUsh et al. People ex rel v., 139 III, 622, 144, 145. Erlinger v. Boneau, 51 III, 94, 52. TABLE OF CASES 189 Evans, People v., 247 III, 547, 127. Evens and Howard Fire Brick Company, City of Mt. Vernon v., 204 HI, 32, 120. Ex parte Birch, 3 Gilman {8 III), 134, 32. Fagan et al, Eozier v., 46 HI, 404, 52. Fahrney, Commissioners of Lincoln Park v., 250 III, 256, 120. Fairbank et al. Cook County v., 222 III, 578, 166. Farriss et al, Merritt et al v., 22 III, 303, 83. FarweU et al. Ward v., 97 III, 593, 106. Fayette, County of, Jennings v., 97 III, 419, 166. Fergus et al v. Eussel et al, 270 III, 304 (318), 116, 117, 118, 125, 129, 132. Fergus v. Brady, 277 III, 372, 117. Fergus v. Eussel, 277 III, 20, 116. Ferris v. Crow, 6 Gilman {10 III), 96, 37. Field V. People ex rel, 2 Scammon {3 III), 79, 26, 31, 32, 36, 109, 126. Fihlenburg, Holmes v., 64 III, 303, 72. First Congregational Church of De Kalb v. Board of Eeview of De Kalb County, 254 HI, 220, 146. First National Bank of Urbana v. Holmes et al, 246 III, 363, 146. Fishburn, City of Chicago" v., 189 III, 367, 150. Fitzsimmons, City of Paxton v., 25S III, 355, 146. FoUensbee, Parker v., 45 III, 473, 89. Forbes et al. Palmer v., 23 III, 301, 159. Ford et al. v. Chicago Milk Shippers' Association, 156 III, 166, 107. Foreman et al v. People ex rel, 209 III, 567, 131, 135, 137, 140. Forquer, People v., Breese (1 III), 104, 32, 127. Fortier, McFadden v., 20 III, 509, 76. Fox V. City of Eockford, 38 III, 451, 81. Frackelton v. Masters et al, 249 III, 30, 136, 138, 139. Franklin v. Westfall, 273 III, 402, 143. Freeport, City of, Kuehner et al v., 143 III, 93, 148. Freitag v. Union Stock Yard and, Transit Company, 262 III, 551, 136. 190 ILLINOIS HISTORICAL COLLECTIONS Frew V. Taylor, 106 III, 159, 147. • Frick, President and Trustees of the Town of Keithsburg v., S4 III, 405, 83. Frorer et al v. People, 141 HI, 171, 104. FuUer, People v., 238 III, 116, 106, 156. Funk, Vance et al. v., 2 Scammon (3 III), 263, 35. Gage et al. City of Chicago v., 268 III, 233, 104. Gage et al. v. Graham et al, 57 III, 144, 83. Galesburg, City of, v. Hawkinson et al, 75 III, 152, 108. GaUatin, County of, et al, ViUage of Eidgway v., 181 III, 621, 152. Garner et al. People ex rel. v., 4^7 III, 246, 79. Garrett v. Stevenson et al, 3 Gilman {8 III), 361, 36. Gartensteln, People v., 248 III, 546, 141, 143. Gaylord, President and Trustees of Lockport v., 61 III, 276, 57. Gaylord v. Sanitary District of Chicago, 204 III, 576, 107. Geomble, Bullock v., 46 III, 318, 87. George et al v. George et al, 250 III, 251, 133. George v. People, 167 III, 447, 105, 108. Germain, Messinger v., 1 Gilman {6 III), 633, 26. German Alliance Insurance Company et al. v. Van Cleave et al, 191 III, 410, 121 Gesford v. Critzer et al, 2 Gilman (7 III'.), 698, 42. Gillespie et al v. People, 176 III, 238, 106. Gillespie v. People, 188 III, 176, 120. Glos et al, Waugh v., 246 III, 604, 142. Glos, Loehde v., 265 III, 401, 173. Glowacki, People v., 236 III, 612, 106. Goedde et al. Van Nada et al v., 263 III, 105, 148. Goehring, County of Coles v., 209 III, 143, 148. Golden et al. v. Cervenka et al, 278 III, 409, 158. Gonzalia 'et al v. Bartelsman, 148 III, 634, 147. Goshen, Commissioners of Highways of the Town of v. Jackson, 165 III, 17, 139. Governor, Correspondence between Judges of the Supreme Court and, 243 III, 9, 108, 142. Graham et al. Gage et al v., 57 III, 144, 83. TABLE OF CASES 191 Graves v. Bruen et al, 11 III, 431, 43. Great Western Eailroad Company of 1859, Bruffett et al. v., 25 III, 353, 52, 89. Greeley et al v. People, 60 III, 19, 80. Green, Bowers v., 1 Scammon {2 III), 41, 36. Greene v. People, 182 III, 378, 141. Gregory, BellevUle and Illinoistown Eailroad Company v., 15 III, 20, 67. Grosse v. People ex rel, 218 III, 342, 145. Guedel v. People, 4S III, 226, 88. Guthmann et al, Hermanek v., 179 III, 563, 105. Guyer et al, Cobe v., 237 III, 516, 140. Hahn, Weer v., 15 III, 298, 83. Hall, Leighton v., 31 III, 108, 76. HaU V. Hamilton, 7:4 HI, 437, 137, 140. HaU V. Marks, 34 HI, 358, 62. HamUton, Beaubien et al. v., 3 Scammon {4 III), 313, 36. Hamilton, County of. Bank of the Eepublic v., 21 III, 53, 167. Hamilton, HaU v., 7.4 HI, 437, 137, 140. Hannah v. People ex rel, 198 III, 77, 161, 163. Harder's Fire Proof Storage and Van Company v. City of Chicago, 2S5 III, 58, 146. Harding v. Butts, 18 III, 502, 87. Hargrave, Choisser v., 1 Scammon {2 III), 317, 39. Harms, Drainage Commissioners of the Town of Niles v., 238 III, 414, 133, 136. Harper et al. People v., 91 III, 357, 163. Harrier, KellyvUle Coal Company v., 207 III, 634, 104. Harrison, Timm v., 109 III, 593, 115. Hart Brothers et al. v. West Chicago Park Commissioners', 186 III, 464, 138. Hartford Fire Insurance Company et al, Eaymond et al v., 196 III, 339, 146, 147. Hartney, County of Cook v., 169 III, 566, 154, 155. Hartzell, Canby v., 167 III, 638, 133. 193 ILLINOIS HISTORICAL COLLECTIONS Harward et al. v. St. Clair and Monroe Levee and Drainage Com pany et al, 61 III, 130, 83. Hatch et al. Brooks et al v., 261 III, 179, 116. Hatch, Hunter v., 45 III, 178, 52, 87. Hatch, People ex rel v., 33 III, 9, 36, 66, 69, 70, 71, 113, 127, 129. Hawkinson et al. City of Galesburg v., 75 III, 153, 108. Haworth, Board of Education v., 274 HI, 538, 115, 146, 147. Hazelwood, People ex rel v., 116 III, 319, 118. Healy, County of Cook v., 222 III, 310, 140. Hebert et al v. Lavalle, 27 III, 448, 41. HeUiwell et al v. Sweitzer, 278 III, 348, 164. Henderson, Burns v., 20 III, 364, 73. Hermanek v. Guthmann et al, 179 III, 563, 106. Herschbach v. Kaskaskia Island Sanitary and Levee District, 265 III, 388, 122, 148. Hertz et al, Boehm v., 182 III, 154, 117. High School Board of Education et al, Eussell v., 2l!s III, 337, 160. HiU et al, Shaw et al v., 67 III, 455, 168. Hinman, Curry v., 11 III, 420, 37. Hoag V. Switzer et al, 61 III, 294, 88. Hodges et al v. Crowley, 186 III, 305, 148, 160. Hoffman et al. People ex rel v., 116 III, 587, 108, 119, 132, 143. Hohmeyer, Commissioners of Highways of the Town of Burgess v., 279 III, 66, 107. Hohnes et al. First National Bank of Urbana v., 246 III, 362, 146. Holmes, Poppen v., 44 III, 360, 52, 72. Hohnes v. Fihlenburg, 54 HI, 203, 72. Holten et al. People v., 269 III, 219, 133. Honaker, People v., 281 III, 295, 105. Hone V. Ammons, 14 III, 39, 38, 86. HoneyweU, People ex rel v., 258 III, 319, 150. Hoover v. People ex rel, 171 III, 182, 148. Hope, Wolf v., 210 III, 50, 149. Hopkins v. Ladd, 35 III, 178, 87. Horwich et al v. Walker-Gordon Laboratory Company, 205 III, 497, 118. TABLE OF CASES 193 Houghton, Spragins v., 2' Scammon {3 III), 377, 30. Howard, Nance v., Breese {1 III), 242, 43. Hoyne, People ex rel v., 262 III, 82, 136. Hoyt et al v. Chicago, Burlington, and Quincy Eailroad Company, 93 III, 601, 162. Hubbard v. Dunne et al, 276 III, 598, 167. Hunter, Lansing v., 26 III, 247, 73. Hunter v. Hatch, 45 HI, 178, 52, 87. Huntington v. Metzger, 158 III, 273, 107. Hutchinson et al, Douglas v., 183 III, 323, 108. Hutchinson et al. Lynch v., 219 III, 193, 116. Hutchinson, People ex rel v., 172 III, 486, 111. Illinois Central Eailroad Company, Chicago and Southern Traction Company v., 246 III, 146, 157. IlUnois Central Eailroad Company, Neustadt and the City of La Salle v., 31 III, 484, 89. Illinois Central Eailroad Company, Eodney v., 19 III, 43, 86, 89. Illinois Central Eailroad Company, Shellabarger Elevator Com pany v., 278 III, 333, 162, 163. Illinois Central Eailroad Company, State of Illinois v., 246 III, 188, 165. Illinois Central Eailroad Company v. People, 143 III, 434, 114. Illinois Central Eailroad Company v. Wren, 43 III, 77, 65. IlUnois Life Insurance Company v. Prentiss, 277 III, 383, 106. Illinois Mutual Fire Insurance Company v. City of Peoria, 29 III, 180, 62. IlUnois National Guard et al, Joos v., 257 III, 138, 121. IlUnois, State of. State of Iowa v., 147 U. S., 1, 104. Indiana Millers' Mutual Fire Insurance Company et al v. People, 170 III, 474, 136. Inglis, People ex rel v., 161 III, 356, 126. In re Day, 181 III, 73, 108, 132. In re James Welsh, 17 III, 161, 76. Iowa, State of, v. State of lUinois, 147 U. S., 1, 104. Iroquois County, Board of Supervisors of, et al, v. Cadiz, 34 HI, 293, 57. 194 ILLINOIS HISTORICAL COLLECTIONS Iroquois Iron Company, Dragovich v., 269 III, 478, 114, 115. Irving, Eoss v., 14 III, 171, 87. Jackson, Commissioners of Highways of the Town of Goshen v., 165 III, 17, 139. Jackson v. Kemble, 18 III, 580, 62. Jacksonville, City of, Kettering v., 50 III, 39, 62. Jacobson, People v., 247 III, 394, 136, 141. Jameshurg Drainage District, Juvinall et al v., 204 HI, 106, 107. Jarrot v. Jarrot, 2 Gilman (7 III), 1, 38. Jay, Phoebe v., Breese {1 III), 368, 39. Jefferson County, Board of Supervisors of, v. Jones et al., 63 III, 531, 155. Jennings et al. Carpenter v., 77 III, 250, 107. Jennings v. Fayette County, 97 III, 419, 155. Jimison v. Adams County, 130 III, 558, 145. Johnson et al, Kelly et al v., 251 III, 135, 104. Johnson v. County of Stark, 24 III, 75, 60, 83. Johnson v. JoUet and Chicago Eailroad Company, 23 III, 202, 84, 87, 88. Johnson v. People 173 III, 131, 107. Joliet and Chicago Eailroad Company, Johnson v., 23 III, 202, 84, 87, 88. Jonas, People v., 234 HI, 56, 106. Jones et al. Board of Supervisors of Jefferson County v., 63 III, 531, 155. Jones V. Chicago, Eock Island, and Pacific Eailway Company, 231 III, 302, 120. Joos V. Illinois National Guard et al, 267 III, 138, 121. Joseph Cloud, Administrators of, Eeddick v., 2 Gilman (7 III), 670, 37. Josma V. Western Steel Car and Foundry Company, 249 III, 508, 104. Joyce, People v., 246 III, 124, 116, 128. Juliet, Boon v., 1 Scammon {2 III), 358, 39. Juvinall et al. v. Jameshurg Drainage District, 204 HI, 106, 107. TABLE OF CASES 195 Kaelber, People v., 253 III, 552, 118. Kaskaskia Island Sanitary and Levee District, Herschbach et al. v., 266 III, 388, 122, 148. Kaskaskia, President and Trustees of the Commons of, et al. Land Commissioners v., 249 III, 578, 41, 85, 119. Kaskaskia, President and Trustees of the Commons of. Stead et al v., 243 HI, 239, 41, 86. Kaufman v. People ex rel, 185 III, 113, 141. Keady, Board of Supervisors of Iroquois County et al v., 34 HI, 293, 57. Keener, CruU v., 17 III, 246, 72. Keith, People's Loan and Homestead Association of Joliet v., 153 III, 609, 146, 147. Keithsburg, President and Trustees of the Town of, v. Frick, 34 III, 405, 83. KeUy et al v. Johnson et al, 251 III, 135, 104. KeUyviUe Coal Company v. Harrier, 207 HI, 624, 104. Kemble, Jackson v., 18 III, 580, 52. Kennedy et al v. People, 122 III, 649, 107. Kennedy v. McGovern et al., 246 III, 497, 118. Keokuk and Hamilton Bridge Company v. People, 176 III, 267, 104. Kepley et al v. People, 123 III, 367, 137. Kern et al., Butzow v., 264 HI, 498, 166. Kettering v. City of Jacksonville, 50 III, 39, 52. King et al, Bonney v., 201 III, 47, 108. Kingsbury, People ex rel. v., 100 III, 509, 143, 154. Kingsbury v. Sperry et al, 119 III, 379, 119. Kinney v. Cook, 3 Scammon {4 HI), 231, 40. Kipley et al. People ex rel v., 171 III, 4:4:, 106, 106, 109. Klokke V. Dodge, 103 III, 125, 138, 139. Knecht et al, Koelle et al v., 99 III, 396, 169. Knight, County of Vermilion v., 1 Scammon {2 III), 97, 44. Knobel, City of Chicago v., 2S2 III, 113, 106. Knopf, People ex rel v., 171 III, 191, 148, 152. Knopf, People ex rel v., 183 III, 410, 115. Knopf, People ex rel v., 198 HI, 340, 114, 137. 196 ILLINOIS HISTORICAL COLLECTIONS Knox et al, Brundage v., 279 III, 450, 121. Kochersperger v. Drake et al, 167 III, 133, 146. KoeUe et al v. Knecht et al., 99 III, 396, 169. Kost, Town of Pleasant v., 29 III, 490, 81. Kreitz v. Behrensmeyer, 149 III, 496, 166. Kuehner et al v. City of Freeport, 143 III, 92, 148. Ladd, Hopkins v., 35 III, 178, 87. Land Commissioners v. President and Trustees of the Commons of Kaskaskia et al, 249 III, 578, 41, 85, 119. Lane et al. v. Dorman, 3 Scammon {4 III), 237, 26, 41. Lane v. Soulard et al, 15 III, 123, 86. Langdon v. People, 133 III, 382, 106. Lansing v. Hunter, 25 III, 247, 73. Larkins v. Terminal Eailroad Association of St. Louis, 221 III, 428, 105. Larned et al. City of Chicago v., 34 HI, 203, 81, 83. Larsen, People v., 265 III, 406, 143. La Salle County, Board of Supervisors of. People ex rel. v., 100 III, 495, 164. La Salle, Neustadt and City of, v. Illinois Central Eailroad Com pany, 31 III, 484, 89. La Salle Street Trust and Savings Bank, People ex rel. v., 269 III, 518, 114, 167, 158. Lasher v. People, 183 III,. 336, 120. Lavalle, Hebert et al. v., 27 III, 448, 41. Lavalle v. Strobel, 89 III, 370, 41. Lawrence, County of. County of Eichland v., 12 III, 1, 42, 52. Lawrence, County of, Ohio and Mississippi Eailroad Company v., 27 III, 50, 73. Lawrence, Parmelee et al. v., 48 HI, 331, 52, 89. Leach v. People ex rel, 122 HI, 430, 57, 80. Lebanon, Town of, et al v. Ohio and Mississippi Eailroad Com pany, 77 III, 539, 82. Leighton v. Hall, 31 III, 108, 76. Lester et al, Berkowltz v., 121 III, 99, 136, 141. L'Hote et al v. Village of MUford, 212 III, 418, 119. TABLE OF CASES 197 Lightcap, Bradley v., 201 III, 511, 107. Lincoln Park, Commissioners of, v. Fahrney, 250 III, 356, 120. Lipplncott, People ex rel v., 65 III, 548, 147. Lipplncott, People ex rel v., 67 III, 333, 73, 168. Lippman v. People, 175 III, 101, 105, 120. Litchfield and Madison Eailway Company et al v. People ex rel, 222 III, 343, 160. Livingston County, Board of Supervisors of, v. Welder, 64 HI, 437, 84. LobdeU et al v. City of Chicago et al, 227 III, 318, 150. Lockport, President and Trustees of, v. Gaylord, 61 III, 376, 67. Loeffler, People ex rel v., 175 III, 585, 132. Loefflier v. City of Chicago et al, 246 III, 43, 148. Loehde v. Glos, 265 III, 401, 173. Loewenthal et al. People ex rel v., 93 III, 191, 84, 86, 167. Loomis et al. People ex rel v., 96 III, 377, 139. Lowe, Senichka v., 74 III, 374, 108. Lux, St. Louis and Southeastern Eailway Company v., 63 III, 533, 72. Lynch et al, Eyan v., 68 III, 160, 55, 56, 57. Lynch v. Hutchinson et al, 219 III, 193, 116. Lynch v. Malley, 215 III, 574, 144. McAuliffe V. O'Connell, 258 III, 186, 114. McBride, People v., 234 III, 146, 109, 115. McChesney v. People ex rel, 174 HI, 46, 154. McClelland, Ohio and Mississippi Eailroad Company v., 25 III, 140, 89. McCormick, People ex rel v., 261 III, 413, 138, 144, 163. McCoy, City of Chicago et al v., 136 III, 344, 173. McCuUough, Neiberger v., 253 III, 312, 28, 55, 56, 114, 115. McCullough, People ex rel v., 210 HI, 488, 129. McCullough, People ex rel v., 254 HI, 9, 108, 126, 126. McDonneU v. Olwell et al, 17 III, 375, 72. McDonough et al, McManus v., 107 III, 95, 107. McFadden v. Fortier, 20 III, 509, 76. McGovern et al, Kennedy v., 246 III, 497, 118. 198 ILLINOIS HISTORICAL COLLECTIONS Mclntyre v. People ex rel, 227 III, 36, 105. McKindley et al v. Eising, 28 III, 337, 89. McManus v. McDonough et al, 107 III, 95, 107. McVeagh v. City of Chicago et al, 49 III, 318, 52. Madison, County Court of, v. People ex rel, 58 III, 456, 84. Madison, County of. Coles v., Breese {1 III), 154, 42. Malley, Lynch v., 215 III, 574, 144. Manhatten Cement Company, City of Chicago v., 178 III, 372, 149, 150. Manowsky v. Stephan et al, 233 III, 409, 118. Marine Bank of Chicago v. Auditor of State, 14 III, 185, 99. Marks, Hall v., 34 HI, 358, 62. Marsh, Newland v., 19 III, 376, 87. Marshall et al. People ex rel. v., 1 Gilman {6 III), 672, 43. Marshall et al v. Silliman et al, 61 III, 218, 52, 84, 149. Marshall, People ex rel v., 12 III, 391, 79, 80, 151. Martin, People ex rel. v., 178 III, 611, 152. Marzen v. People, 190 III, 81, 106. Mason v. Wait et al, 4 Scammon (5 III), 127, 26. Massie v. Cessna, 239 III, 353, 104, 118. Masters et al, Frackelton v., 249 III, 30, 136, 138, 139. Mayer v. Springer, 192 III, 270, 161. Maynard, People v., 14 HI, 419, 72, 76. Meech, People ex rel v., 101 III, 200, 119, 139, 141. MeUen, People ex rel v., 32 III, 181, 57. Merrigan, County of Christian v., 191 III, 484, 108. Merritt et al v. Farriss et al, 22 III, 303, 83. Messer, Coles County v., 195 III, 540, 155. Messinger v. Germain, 1 Gilman {6 III), 632, 26. Metropolitan Life Insurance Company, Collins v., 232 III, 37, 107. Metzger, Huntington v., 158 III, 273, 107. Meul V. People, 198 III, 358, 128. Meyers, Stein et al v., 253 III, 199, 173. Miles, Board of Administration v., 278 III, 174, 104. MUford, ViUage of, L'Hote et al v., 212 III, 418, 119. MUler et al, ConsoUdated Coal Company v., 236 III, 149, 146. MiUer v. People, 230 III, 65, 119, 124. TABLE OF CASES 199 MiUett V. People, 117 III, 294, 104, 162. Mills et al v. County of St. Clair et al, 2 Gilman (7 III), 197, 41. Milne v. People, 224 HI, 125, 115. Minear v. State Board of Agriculture, 259 III, 549, 121. Miner et al. People v., 144 HI, 308, 106. Mlnters v. People, 139 III, 363, 106. Mobley, People ex rel. v., 1 Scammon {2 III), 216, 37. Monarch Eefrigerating Company, State Public Utilities Commis sion v., 267 III, 528, 161. Moore et al. People v., 240 III, .408, 144. Morehead, Off and Company v., 235 III, 40, 104. Morgan et al. v. SchusseUe et al, 228 III, 106, 149. Morrison et al v. People, 196 III, 4:54=, 153. Morton, Eeid et al v., 119 III, 118, 72. Morton v. People, 47 III, 468, 88. Mt. Vernon, City of, v. Evens and Howard Fire Brick Company, 204 HI, 32, 120. Munn et al v. People, 69 III, 80, 104, 163. Munn V. People, 94 U. S., 113, 104, 163. Nance v. Howard, Breese {1 III), 243, 43. National Elevator and Dock Company et al, Chicago, Madison, and Northern Eailroad Company et al. v., 153 III, 70, 162. Neiberger v. McCullough et al, 253 III, 313, 28, 66, 56, 114, 115. NeUis, People ex rel. v., 249 III, 13, 115, 118, 127. Nelson v. People, 33 III, 390, 89, 99. Nesbitt V. Trumbo et al, 39 III, 110, 87. Neustadt and the City of La Salle v. Illinois Central Eailroad Company, 31 III.-, 484, 89. Nevins v. City of Peoria, 41 HI, 503, 88. Newland v. Marsh, 19 III, 376, 87. New York, Fidelity and Casualty Company of, Swedish-American Telephone Company et al v., 208 III, 563, 105. . Niles, Drainage Commissioners of the Town of, v. Harms, 238 III, 414, 133, 136. Noel v. People, 187 III, 587, 120. —16 H C 200 ILLINOIS HISTORICAL COLLECTIONS Nolan, People v., 250 III, 351, 106. North V. Board of Trustees of the University of Illinois, 137 III, 296, 104. Northwestern University v. People ex rel, 86 III, 141, 82. Nottinger, Ware v., 35 III, 375, 87. Oak Park, First Congregational Church of. People ex rel. v.. Ill, 158, 146. O'ConneU et al. City of Chicago v., 278 III, 591, 167. O'Connell, McAuliffe v., 258 III, 186, 114. Off and Company v. Morehead, 235 III, 40, 104. Ogle, Eoberts v., 30 III, 459, 62. Ohio and Mississippi Eailroad Company, Town of Lebanon et al v., 77 III, 539, 82. Ohio and Mississippi Eailroad Company v. Lawrence County^ 27 III, 50, 73. Ohio and Mississippi Eailroad Company v. McClelland, 25 III, 140, 89. O'Leary v. County of Cook, 28 III, 534, 57. Olsen V. People ea; rel, 219 III, 40, 107. Olson et al. People ex rel v., 245 III, 388, 143. OlweU et al, McDonnell v., 17 III, 375, 72. Onahan et al. People ex rel. v., 170 III, 449, 142. Opel, Booth v., 244 HI, 317, 118, 148, 150. O'Toole, People ex rel v., 164 HI, 344, 141. Ottawa, City of, v. Spencer et at, 40 III, 211, 81. Owners of Land v. People ex rel, 113 III, 396, 118, 120, 156. Palmer v. Forbes et al, 23 III, 301, 159. Palmer v. Eiddle, 180 III, 461, 147. Parker v. County of Eichland, 214 HI, 165, 155. Parker v. FoUensbee, 4 HI, 473, 89. Parmelee et al v. Lawrence, 48 III, 331, 52, 89. Paulsen v. People, 195 III, 507, 105, 107. Paxton, City of, v. Fitzsimmons, 253 III, 355, 146. Pearce v. Vittum, 193 III, 193, 114. Peckham, Blake et al v., 64 HI, 363, 168. TABLE OF CASES 201 Peltier et al. People ex rel v., 265 III, 630, 143. Pence, Toledo, Peoria and Warsaw Eailway Company v., 68 III, 534, 159. People, Bessette v., 193 III, 334, 118. People, Board of School Inspectors of the City of Peoria v., 20 III, 525, 75. People, Boone v., 148 III, 440, 106. People, BraceviUe Coal Company v., 147 III, 66, 156. People, Bradley v., 4 Wallace {71 U. S.), 459, 81. People, Bratsch v., 195 III, 165, 141. People, Buckrice v., 110 III, 39, 106. People, Carpenter v., 3 Gilmam, {8 III), 147, 41. People, Cawley et al. v., 95 III, 349, 110. People, Chicago, Eock Island, and Pacific Eailway Company v., 217 III, 164, 107. People, Christie v., 206 III, 337, 58, 144. People, Cochran v., 175 III, 38, 106. People, Dahnke v., 168 III, 103, 153. People, Darst et al v., 61 III, 386, 87. People, Dickson v., 17 III, 191, 68. People, Dreyer v., 188 III, 40, 106. People, Dunne v., 94 III, 130, 161. People et al v. Block et al., 276 IU., 386, 148, 149. People et al v. Salomon, 61 III, 37, 83. People ex rel, Bunn et al v., 45 III, 397, 69, 75, 127, 132. People ex rel. Casey et al v., 132 III, 546, 166. People ex rel. Chambers v., 113 III, 509, 147. People ex rel, Chicago and Alton Eailroad Company v., 67 III, 11, 107, 160. People ex rel, CorneU v., 107 III, 373, 148. People ex rel. County Court of Madison County v., 58 III, 456, 84. People ex rel Crook v., 106 III, 337, 121. People ex rel Donnelly v., 11 HI, 552, 76. People ex rel, Douglas et al v., 225 III, 536, 118 People ex rel, Durkee v., 155 III, 354, 157. 302 ILLINOIS HISTORICAL COLLECTIONS People ex rel. Field v., 2 Scammon {3 III), 79, 26, 31, 32, 35, 109, 126. People ex rel, Grosse v., 218 III., 343, 145. People ex rel, Hannah v., 198 III, 77, 161, 163. People ex rel. Hoover v., 171 III, 183, 148. People ex rel, Kaufman v., 185 III, 113, 141. People ex rel^ Litchfield and Madison Eailway Company et al v., 222 III, 242, 160. People ex rel. Leach v., 122 III, 420, 57, 80. People ex rel, McChesney v., 174 HI, 46, 154. People ex rel, Mclntyre v., 227 III, 26, 105. People ex rel. Northwestern University v., 86 III, 141, 82. People ex rel., Olsen v., 219 III, 40, 107. People ex rel. Owners of Lands v., 113 III, 396, 118, 120, 166. People -ea; rel, Eeed et al. v., 125 III, 592, 157. People ex rel Eing v. Board of Education, 245 III, 334, 104. People ex rel. School Directors of District Number 13 v., 79 III, 511, 132. People ex rel. Silver v., 45 HI, 334, 52. People ex rel Thrasher v. Smith, 275 III, 256, 105. People ex rel «. Abbott, 274 HI, 380, 117. People ex rel v. Auditor, 12 III, 307, 99. People ex rel. v. Auditor, 30 III, 434, 99. People ex rel. v. Auditor of Public Accounts, 64 HI, 82, 174. People ex rel. v. Barger, 62 III, 452, 82. People ex rel v. Beveridge, 38 III, 307, 66, 57, 69. People ex rel v. Bissell, 19 III, 229, 52. People ex rel. v. Board of Commissioners of Cook County et al, 176 III, 576, 162, 163. People ex rel v. Board of Education et al, 234 HI, 422, 144. People ex rel v. Board of Education, 245 III, 334, 104, 145. People ex rel v. Board of Election Commissioners of the City of Chicago, 221 III, 9, 108, 110, 118. People ex rel. v. Board of Supervisors of Adams County, 186 III, 288, 119. People ex rel. v. Board of Supervisors of La Salle County, 100 III, 495, 164. TABLE OF CASES 203 People ex rel v. BoUam, 182 III, 528, 139. People ex rel v. Bowman, 247 III, 276, 114, 120. People ex rel v. Brady, 262 III, 578, 114, 115. People ex rel v. Brady, 273 III, 178, 167. People ex rel. v. Butler Street Foundry and Iron Company, 201 III, 236, 107. People ex rel v. Byers, 271 III, 600, 143. People ex rel v. Campbell, 3 Gilman {8 III), 466, 29. People ex rel v. Carlock, 198 III, 150, 111. People ex rel v. Chase, 165 III, 537, 132. People ex rel v. Chetlain, 219 III, 348, 155, 156. People ex rel. v. Chicago and Alton Eailroad Company et al, 253 III, 191, 150. People ex rel v. Chicago Gas Trust Company, 130 III, 368, 166. People ex rel. v. City of Chicago and Schlesinger and Mayer, 193 III; 507, 133. People ex rel v. Clean Street Company, 225 III, 470, 120. People ex rel. v. Common Council of the City of Aurora et al, 84 III, 157, 168. People ex rel v. Crossley et al, 261 III, 78, 116. People ex rel v. Czarneckl, 266 III, 372, 144. People ex rel v. Day, 277 III, 543 (556, 557), 116, 173. People ex rel. v. Deneen et al, 247 III, 289, 112. People ex rel v. Deutsche Gemeinde, 249 III, 132, 146. People ex rel. v. Drainage Commissioners, 143 III, 417, 122. People ex rel vi Dunne et al, 258 III, 441, 109. People ex rel. v. EngUsh et al, 139 III, 622, 144, 146. People ex rel. v. First Congregational Church of Oak Park, 232 III, 158, 146. People ex rel v. Gamer et al, 47 III, 246, 79. People ex rel v. Hatch, 33 III, 9, 36, 56, 69, 70, 71, 113, 127, 129. People ex rel v. Hazelwood, 116 III, 319, 118. People ex rel v. Hoffman et al, 116 III, 587, 108, 119, 132, 143. People ex rel. v. .HoneyweU, 258 HI, 319, 150. People ex rel v. Hoyne, 262 III, 82, 136. People ex rel. v. Hutchinson, 172 III, 486, 111. People ex rel v. Inglis, J 0i III, 256, 126. 204 ILLINOIS HISTORICAL COLLECTIONS People ex rel. v. Kingsbury, 100 111, 509, 143, 154. People ex rel v. Kipley et al, 171 III, 4:4:, 105, 106, 109. People ex rel v. Knopf, 198 III, 340, 114, 137. People ex rel v. Knopf, 183 HI, 410, 115. People ex rel v. Knopf, 171 III, 191, 148, 162. People ex rel. v. La Salle Street Trust and Savings Bank, 269 III, 518, 114, 167, 158. People ex rel. v. Lipplncott, 66 III, 548, 147. People ex rel v. Lipplncott, 67 III, 333, 73, 168. People ex rel v. Loeffler, 176 III, 585, 132. People ex rel v. Loewenthal et al, 93 III, 191, 84, 85, 157. People ex r&l v. Loomis et al, 96 III, 377, 139. People ex rel v. McCormick, 201 III, 413, 138, 144, 163 People ex rel v. McCullough, 210 III, 488, 129. People ex rel v. McCullough, 254 HI, 9, 108, 125, 126. People ex rel. v. Marshall et al, 1 Gilmam {0 III), 673, 43. People ex rel v. Marshall, 12 III, 391, 79, 80, 151. People ex rel v. Martin, 178 III, 611, 152. People ex rel. v. Mayor and Common Council of Alton, 193 III, 309, 144. People e>x rel v. Mayor and Common Council of Alton, 233 III, 543, 105. People ex rel v. Meech, 101 III, 200, 119, 139, 141. People ex rel v. Mellen, 32 III, 181, 57. People ex rel v. Mobley, 1 Scammon {2 HI.), 315, 37. People ex rel v. NeUis, 249 III, 13, 115, 118, 127! People ex rel v. Olsen et al, 246 III, 388, 143. People ex rel v. Onahan et al, 170 III, 449, 142. People ex rel v. O'Toole, 164 HI, 344, 141. People ex rel v. Peltier et al, 266 III, 630, 143. People ex rel v. Eeynolds, 5 Gilmam {10 III), 1, 27, 109. People ex rel v. Einaker et al, 252 III, 366, 120. People ex rel v. Eodenberg, 254 HI, 386, 106, 142. People ex rel v. Hose, 166 III, 433, 137. People ex rel v. Eose, 203 III, 46, 134. People ex rel v. St. Louis, Alton, and Terre Haute Eailroad Com pany, 170 III, 513, 159. TABLE OF CASES 305 People ex rel. v. Salomon, 46 III, 333, 82. People ex rel v. Smith, 51 III, 177, 72. People ex rel v. Starne, 35 III, 131, 56, 56, 57, 114. People ex rel v. Steward et al, 249 III, 311, 105. People ex rel v. Strassheim, 240 III, 379, 112. People etc rel v. Taylor et al, 257 III, 193, 112, 143. People ex rel v. Taylor, 1 Scammon {2 III), 301, 36. People ex rel. v. Thompson, 155 III, 451, 111. People ex rel v. Turner, 65 III, 380, 86. People ex rel v. Warfield, 20 III, 159, 80. People etc rel v. Weis et al, 275 III, 581, 119, 120. People ex rel. v. Wiant, 48 III, 363, 80. People ex rel v. WiUiams, 51 III, 63, 88. People ex rel v. Wright, 70 III, 388, 115. People ex rel. White v., 94 HI, 604, 83. People ex rel, Wilcox et al v., 90 III, 186, 127. People ex rel, WiUiams v., 132 III, 574, 165. People, Foreman et al v., 209 III, 567, 131, 135, 137, 140. People, Frorer et al v., 14I HI, 171, 104. People, George v., 167 III, 447, 105, 108. People, Gillespie et al v., 176 III, 338, 106. People, GiUespie v., 188 III, 176, 120. People, Greeley et al. v., 60 III, 19, 80. People, Greene v., 182 III, 278, 141. People, Guedel v., 43 III, 336, 88. People, Illinois Central Eailroad Company v., 143 III, 434, 114. People, Indiana Millers' Mutual Fire Insurance Company et al. v., 170 III, 474, 136. People, Johnson v., 173 III, 131, 107. People, Kennedy et al v., 122 III, 649, 107. People, Keokuk and Hamilton Bridge Company v., 176 III, 367, 104. People, Kepley et al v., 123 III, 367, 137. People, Langdon v., 133 III, 383, 105. People, Lasher v., 183 III, 226, 120. People, Lippman v., 175 III, 101, 105, 120. People, Marzen v., 190 HI, 81, 106. 206 ILLINOIS HISTORICAL COLLECTIONS People, Meul v., 198 III, 258, 128. People, MiUer v., 230 III, 65, 119, 124. People, MiUett v., 117 III, 294, 104, 162. People, Milne v., 224 HI, 125, 115. People, Mlnters v., 139 III, 363, 106. People, Morrison et al v., 196 III, 454, 153. People, Morton v., 47 III, 468, 88. People, Munn et al v., 69 III, 80, 104, 163. People, Munn v., 94 U. S., 113, 104, 163. People, Nelson v., S3 III, 390, 89, 99. People, Noel v., 187 III, 587, 120. People, Paulsen v., 195 III, 507, 105, 107. People, Perry v., 14 HI, 496, 72. People, Price v., 193 III, 114, 146. People, Eitchie v., 155 III, 98, 104, 115, 116. People, Euggles v., 91 III, 256, 107. People, Solomon v., 15 III, 291, 72. People, Spies et al. v., 122 III, 1 (362), 106. People, Starkey v., 17 III, 17, 106. People, Starne v., 222 III, 189, 120, 122. People, Stone v., 2 Scammon {3 III), 336, 41. People, Storey v., 79 III, 45, 105. People, Stow v., 25 III, 81, 72. People, Thompson v., 144 HI, 378, 106. People, Tucker v., 122 III, 583, 106. People V. Adams State Bank, 272 III, 377, 167. People V. Bangs, 24 HI, 184, 73. People V. Board of Commissioners of Cook County et al, 176 III, 576, 162. People V. Bradley et al, 39 III, 130, 81. People V. Brown, 11 III, 479, 80. People V. City of St. Louis et al, 5 Gilman {10 III), 351, 36. People ¦;;. Clark, 280 III, 160, 105. People V. Commercial Life Insurance Company, 247 III, 92, 120. People V. Cosmopolitan Fire Insurance Company, 246 III, 443, 142. People V. Couchman et al, 15 III, 142, 80. People V. Deneen, 247 III, 389, 143. TABLE OF CASES 207 People V. Dubois, 19 III, 223, 99. People V. Dubois, 23 III, 547, 73. People V. Bdmands, 262 III, 108, 114. People V. Election Commissioners, 221 III, 9, 143. People V. Elerding, 254 HI, 579, 104. People V. Evans 247 III, 547, 127. People V. Forquer, Breese {1 III), 104, 32, 127. People V. Fuller, 238 III, 116, 105, 165. People V. Gartensteln, 248 III, 564, 141, 143. People V. Glowacki, 236 III, 612, 106. People V. Harper et al, 91 III, 357, 163. People V. HoUen et al, 259 III, 219, 133. People V. Honaker, 281 III, 395, 105. People V. Jacobson, ^47 III, 394, 136, 141. People V. Jonas, 234 HI, 56, 106. People V. Joyce, 246 HI, 134, 116, 128. People V. Kaelber, 253 III, 553, 118. People V. Larsen, 265 III, 406, 143. People V. McBride, 234 III, 146, 109, 115. People V. Maynard, 14 HI, 419, 72, 76. People V. Miner et al, 144 HI, 308, 106. People V. Moore et al, 240 III, 408, 144. People V. Nolan, 250 III, 351, 106. People V. Eoth, 249 III, 533, 109, 115. People V. Eoyal, 1 Scammon {2 III), 557, 41. People V. Eussell, 246 III, 368, 106. People V. Sargent, 264 HI, 514, 116. People V. Solomon, 265 III, 28, 120. People V. State Board of Dental Examiners, 278 III, 144, 114. People V. Stevenson, 281 III, 17, 164. People V. Stokes, 281 III, 159, 104, 118. People V. Strassheun, 240 III, 279, 143. People V. Stuart et al, 97 III, 123, 123. People V. Sweitzer, 280 III, 436, 137. People V. Taylor, 257 HI, 192, 144. People V. Union Consolidated Elevated Eailway Company, 263 III, 32, 160. 308 ILLINOIS HISTORICAL COLLECTIONS People V. Union Elevated Eailroad Company, 269 III, 312, 160. People V. Wall, 88 III, 76, 137. People V. Whlttemore et al, 253 III, 378, 130, 131. People V. WUcox, 237 III, 431, 119. People V. WiUiams, 232 III, 519, 155. People V. WUson, 15 III, 388, 74. People V. Worthlngton, 21 III, 171, 81. People, Watt v., 126 III, 9, 106. People, West v., 137 III, 189, 106. People, Weyrich v., 89 III, 90, 106. People, White et al v., 90 III, 117, 106. People, Whitesides v., Breese {1 III), 31, 37. People, Whlttemore v., 227 III, 453, 116, 117, 131. People, Willard v., 4 Scammon {5 III), 461, 38. People's Loan and Homestead Association of Joliet v. Keith^ 153 III, 609, 146, 147. Peoria and Springfield Eailroad Compafiy v. Thompson, 103 Til, 187, 160. Peoria, Board of School Inspectors of the City of, v. People, 20 III, 535, 75. Peoria, City of, Beesman v., 16 III, 484, 52. Peoria, City of, Illinois Mutual Fire Insurance Company v., 29 III, 180, 62. Peoria, City of, Nevins v.; 41 III, 503, 88. Perdue, City of Bloomington v., 99 III, 339, 150. Perry, County of, Stebbins v., 167 III, 567, 165. Perry v. People, 14 HI, 496, 72. Pfanschmldt et al, WaU et al. v., 265 III, 180, 107. PhiUips V. Browne, 270 III, 450, 115. Phoebe v. Jay, Breese {1 III), 368, 39. Pittsburg, Cincinnati, Chicago, and St. Louis Eailway Company, City of Chicago v., 244 HI., 230, 120, 165. Pleasant, Town of, v. Kost, 29 III, 490, 81. Plumleigh v. White, 4 Gilman {9 III), 388, 36. Plummer et al v. Yost et al, 144 HI, 68, 143, 144, 145. Pollock, City of Bloomington v., 141 HI, 346, 167. Pope et al, Edwards v., 3 Scammon (4 III), 464, 26, 41. TABLE OF CASES 309 Poppen V. Hohnes, 44 III, 360, 52, 72. Portsmouth Savings Bank, Town of Concord v., 92 U. S., 635, 165. Powell et al v. Board of Education, 97 III, 375, 144. Prentiss, Illinois Life Insurance Company v., 277 III, 383, 105. Prescott V. City of Chicago, 60 III, 131, 57. President and Trustees of Lockport v. Gaylord, 01 III, 376, 57. President and Trustees of the Town of Keithsburg v. Frick, 34 HI, 405, 83. Prettyman v. Supfervisors of TazeweU County et al, 19 III, 406, 52, 60. Price V. People, 193 III, 114, 146. Primm et al v. City of BeUevUle et al, 59 III, 143, 82, 84. Quincy Building and Homestead Association, Winget et al v., 128 III 67, 119. Eandle, Cleveland, Cincinnati, Chicago, and St. Louis Eailway Company v., 183 III, 364, 119. Eankin v. Beaird, Breese {1 III), 163, 41. Bay, Sanitary District of Chicago v., 199 III, 63, 120. Eaymond et al. v. Hartford Fire Insurance Company et al, 198 III, 329, 146, 147. Eaymond v. Chicago Union Traction Company, 207 U. S., 20, 146. Eeddick v. Administrators of Joseph Cloud, 2 Gilman (7 III), 670, 37. Eeed et al v. People ex rel, 125 III, 593, 157. Eeed et al v. Tyler et al, 56 III, 388, 88, 108. Eeeves, City of Chicago v., 220 III, 374, 115, 164. Eeichwald v. Catholic Bishop of Chicago et al, 268 III, 44, 104, 146. Eeid et al. v. Morton, 119 III, 118, 72. Eeynolds, People ex rel. v., 5 Gilman {10 III), 27, 109. Eeynolds, Saulpaugh, and Company, City of Dunleith v., 53 III, 45, 82. Ehein, Tissier v., ISO III, 110, 141. Ehinehart v. Schuyler et al, 2 Gilman (7 III), 473, 26, 41, 43. Eichland, County of, Parker v., 214 HI, 165, 165. 210 ILLINOIS HISTORICAL COLLECTIONS Eichland, County of, v. County of Lawrence, 12 III, 1, 42, 62. Eichter v. Burdock, 257 III, 410, 114. Eiddle, Palmer v., 180 III, 461, 147. Eidgway, ViUage of. County of Gallatin et al v., 181 III, 521, 15^. Eigney v. City of Chicago, 102 III, 64, 107. Einaker et al. People ex rel. v.; 252 III, 266, 120. Eising, McKindley et al v., 28 III, 337, 89. Eitchie and Company et al v. Wayman et al, 244 HI, 509, 104. Eitchie v. People, 155 III, 98, 104, 116, 116. Eoberts v. Ogle, 30 III, 459, 52. Eoberts v. Thomson et al, 28 III, 79, 52. Eoberison et al. v. City of Eockford, 21 III, 451, 60. Eoby V. City of Chicago, 64 HI, 447, 107. Eock Island, City of, et al, SchneU et al v., 2S2 HI, 89, 160. Eock Island County v. Sage, 88 III,, 582, 79. Eockafellow, Central Military Tract Eailroad Company v., 17 III, 541, 87. Eockford, City of. Fox v., 38 III, 451, 81. Eockford, City of, Eobertson et al v., 21 III, 451, 60. Eockford, Eock Island, and St. Louis Eailroad Company, Wilson v., 59 III, 273, 88. Eodenberg, People ex re\ v., 264 HI, 386, 106, 142. Eodney v. Illinois Central Eailroad Company, 19 III, 42, 86, 89. Eokker et al. Dement et al v., 126 III, 174, 117, 121. Eomberg, State Public Utilities Commission ex rel. v., 275 III, 432, 120. Eose et al v. Sanderson, 38 III, 347, 87. Eose, People ex rel. v., 166 III, 432, 137. Eose, People ex rel. v., 203 III, 46, 134. Eoss V. Irving, 14 III, 171, 87. Eoth, People v., 249 HI, 532, 109, 116. Eouse V. Thompson, 228 III, 623, 108, 109, 112, 115, 143. Eowe V. Bowen, 28 III, 116, 72. Eoyal, People v., 1 Scammon {2 III), 557, 41. Eozier v. Fagan et al, 46 HI, 404, 52. Euggles V. People, 91 III, 366, 107. TABLE OF CASES 211 Eussel et al, Fergus et al. v., 270 III, 304 (318), 116, 117, 118, 125, 129, 132. Eussel, Fergus v., 277111, 20, 116. Eussell, People v., 246 III, 268, 106. EusseU V. High School Board of Education et al, 212 III, 327, 150. Eyan v. Lynch et al, 68 III, 160, 56,- 56, 57. Sage, Eock Island County v., 88 III, 682, 79. St. Clair and Monroe Levee and Drainage Company et al, Har ward et al v., 51 III, 130, 83. St. Clair, County of, et al. Mills et al v., 2 Gilman (7 III), 197, 41. St. John, City of East St. Louis v., 47 III, 463, 88. St. Louis, Alton and Terre Haute Eailroad Company et al. v. BeUeville City Eailway Company, 158 III, 390, 156. St. Louis, Alton, and Terre Haute Eailroad Company, People ex rel v., 776 III, 512, 159. St. Louis and Southeastern Eailway Company v. Lux, 63 III, 533, 72. St. Louis, City of, et al. People v., 5 Gilman {10 III), 351, 36. Salomon, People et al v., 51 III, 37, 83. Salomon, People ex rel v., 46 HI, 333, 82. Sanderson, Eose et al. v., 38 HI, 247, 87. Sanitary District of Chicago, Gaylord v., 204 HI, 576, 107. Sanitary District of Chicago v. Eay, 199 III, 63, 120. Sarah v. Borders, 4 Scammon {5 III), 341, 39. Sargent, People v., 254 HI, 614, 116. Sawyer v. City of Alton, 3 Scammon (4 HI), 127, 27, 43. Scammon, Commercial Insurance Company v., 123 III, 601, 105. Scammon et al v. City of Chicago, 44 HI, 269, 82, 83. SchneU et al v. City of Eock Island et al, 232 III, 89, 150. Schoeberlein, City of Aurora v., 230 III, 496, 108. School Directors of District Number 13 t). People ex rel, 79 III, 511, 132. Schusselle et al, Morgan et al v., 228 III, 106, 149. Schuyler et al, Bruce v., 4 Gilman {9 III), 221, 26, 36, 41, 42, 43. Schuyler et al, Ehinehart v., 2 Gilman (7 III), 473, 26, 41, 43. 212 ILLINOIS HISTORICAL COLLECTIONS Scown V. Czarneckl et al, 204 Itt-, 305, 143. Senichka v. Lowe, 74 III, 374, 108. Sennott, County of Cook v., 136 III, 314, 149, 164. Shaw et al v. HUl et al, 67 III, 455, 168. Shaw V. Dennis, 5 Gilman {10 III), 405, 83. Shellabarger Elevator Company v. Illinois Central EaUroad Com pany, 278 III, 333, 162, 163. Sherlock et al v. ViUage of Winnetka, 68 III, 530, 84, 148, Silliman et al, Marshall et al v., 01 III, 318, 52, 84, 149. Silver v. People ex rel, 45 III, 334, 52. Simpson Construction Company, Courter v., 264 HI, 488, 133. Smith, Diversey i;., 103 III, 378, 84. Smith, People ex rel Thrasher v., 275 III, 256, 105. Smith, People ex rel v., 61 III, 177, 72. Smith V. Bryan, 34 III, 364, 85, 157. Snively et al, Burke v., 208 III, 328, 167. Solomon, People v., 205 III, 28, 120. Solomon v. People, 15 III, 391, 72. Soulard et al. Lane v., 15 III, 133, 86. Spencer et al. City of Ottawa v., 40 HI, 211, 81. Sperry et al, Kingsbury v., 119 III, 379, 119. Spies et al v. People, 122 III, 1 (263), 106. Spragins v. Houghton, ;g Scammon {3 III), 377, 30. Springer, Mayer v., 192 III, 370, 161. Standidge v. Chicago Eailways Company, 254 HI-, 534, 105. Stark, County of, Johnson v., 24 III 75, 60, 83. Starkey v. People, 17 III, 17, 106. Starne, People ex rel v., 35 III, 121, 55, 56, 67, 114. Starne v. People, 222 III, 189, 120, 122. State Board of Agriculture, Minear v., 259 III, 549, 121. State Board of Agriculture v. Brady et al, 266 III, 593, 132. State Board of Dental Examiners, People v., 278 III, 144, 114. State Contracts, Commissioners of, Burritt v., 120 III, 333, 114, 116. State of Illinois v. Illinois Central Eailroad Company, 246 III, 188, 166. .State of Iowa v. State of Illinois, 147 U. S., 1, 104. TABLE OF CASES 313 State Public Utilities Commission ex rel. v. Eomberg, 276 III, 433, 120. State Public UtiUties Commission v. Monarch Eefrigerating Com pany, 267 III, 528, 161. Stead ei al. v. President and Trustees of the Commons of Kaskas kia, 243 III, 239, 41, 85. Stearns et al. Young et al v., 91 III, 221, 133, 136. Stebbins v. Perry County, 167 III, 667, 166. Stein et al. v. Meyers, 263 III, 199, 173. Stephan et al, Manowsky v., 233 III, 409, 118. Stevenson et al, Garrett v., 3 Gilman {8 III), 261, 36. Stevenson, People v., 281 III, 17, 164. Steward et al. People ex rel. v., 249 III, 311, 106. Stokes, People v., 281 III, 159, 104, 118. Stone V. City of ChicagOi 207 III, 492, 150. Stone V. People, 2 Scammon {3 III), 326, 41. Storey v. People, 79 III, 45, 105. Stow V. People, 25 III, 81, 72. Strassheim, People ex rel v., 240 HI, 379, 112, 143. Strobel, Lavalle v., 89 III, 370, 41. Strode v. Broadwell, 36 III, 419, 89. Strong V. Digman, 207 III, 386, 119. Stuart et al, People v., 97 III, 133, 123. Suffern et al, Chicago and Alton Eailroad Company v., 129 III, 374, 162. Supreme Court Judges, Correspondence between Governor and, 243 III, 9, 108, 142. Supreme Lodge v. Board of Eeview of Effingham County, 223 III, 54, 146. Swedish-American Telephone Company et al. v. Fidelity and Casualty Company of New York, 208 III, 563,. 105. Sweet et al. West Chicago Park Commissioners v., 167 III, 336, 148. Switzer et al, Hoag v., 61 III, 394, 88. Sweitzer, HeUiwell et al v., 278 HI, 348, 154. Sweitzer, People v., 280 III, 436, 137. Swigert, Dupee et al v., 127 III, 494, 157, 158. 314 ILLINOIS HISTORICAL COLLECTIONS Taylor et al. People ex rel v., 257 III, 192, 112, 143. Taylor, Frew v., 106 III, 169, 147. Taylor, People ex rel, 1 Scammon {2 III), 201, 36. Taylor, People v., 267 III, 192, 144. Taylor v. Thompson et al, 42 III, 9, 83. Tazewell County, Supervisors of, et al, Prettyman v., 19 III, 406, 52, 60. Terminal Eailroad Association of St. Louis, Larkins v., 221 III, 428, 105. Thompson et al, Taylor v., 42 III, 9, 83. Thompson, People ex rel. v., 155 III, 451, 111. Thompson, Peoria and Springfield Eailroad Company v., 103 III, 187, 160. Thompson, Eouse v., 228 III, 522, 108, 109, 112, 115, 143. Thompson v. People, 144 HI, 378, 106. Thompson et al, Eoberts v., 28 HI, 79, 52. Timm v. Harrison, 109 III, 593, 115. Tissier v. Ehein, 130 III, 110, 141. Toledo, Peoria, and Warsaw Eailway Company v. Pence, 68 III, 524, 159. Tolono, Village of, et al. Craw et al v., 96 III, 255, 148. Town, see under name of town. Townsend v. Chicago and Alton Eailroad Company, 91 III, 545, 88. Tribune Company, City of Chicago v., 248 HI, 242, 145. Trumbo et al, Nesbitt v., 39 III, 110, 87. Tucker v. People, 122 III, 583, 106. Turner, People ex rel v., 55 III, 380, 86. Tuttie et al v. WUson, 24 HI, 553, 42. Tyler et al, Eeed et al v., 56 III, 388, 88, 108. UnderhiU, WiUiams v., 58 III, 137, 83. Union Central life Insurance Company v. Durfee, 164 HI, 186, 146. Union Consolidated Elevated Eailway Company, People v., 263 III, 33, 160. Union Elevated EaUroad Company, People v., 269 III, 313, 160. TABLE OF CASES 215 Union Stock Yard and Transit Company, Freitag v., 262 III, 551, 136. University of Illinois, Board of Trustees of. North v., 137 III, 296, 104. UpdUie V. Wright, 81 III, 49, 1^2, 148. Urbana, First National Bank of, v. Holmes et al, 246 HI, 362, 146. Vance et al v. Funk, 2 Scammon {3 III), 263, 35. Van Cleave et al, German Alliance Insurance Company et al. v., 191 III, 410, 121. Van Nada et al v. Goedde et al, 263 III, 105, 148. Vandalia Eailroad Company, Alton and Southern Eailroad Com pany v., 268 III, 68, 160. Venner v. Chicago City Eailway Company, 258 III, 523, 159. Vermilion, County of, v. Knight, 1 Scammon {2 III), 97, 44. Village, sbe under name of village. Vittum, Pearce v., 193 III, 192, 114. Wabash Eailroad Company v. Coon Eun Drainage and Levee Dis trict, 194 HI, 310, 107. Wabash, St. Louis, and Pacific Eailway Company, Wright et al v., 120 III, 541, 148. Wait et al. Mason v., 4 Scammon {5 III.), 127, 26. Waldo et al, Williams v., 3 Scammon (4 III), 364, 42. Walker-Gordon Laboratory Company, Horwich et al v., 206 III, 497, 118. WaU et al v. Pfanschmldt et al, 266 III, 180, 107. Wall, People v., 88 III, 75, 137. Ward V. Farwell et al, 97 III, 593, 106. Ware v. Nottinger, 35 III, 375, 87. Warfield, People ex rel v., 20 III, 159, 80. Washlngtonian Home of Chicago v. City of Chicago, 157 III, 414, 166. Watt V. People, 126 III, 9, 106. Waugh V. Glos et al, 246 III, 604, 142. —17 H C 216 ILLINOIS HISTORICAL COLLECTIONS Wayman et al, Eitchie and Company et al. v., 244 HI, 609, 104. Weer v. Hahn, 15 III, 298, 83. Wehrung, City of Bast St. Louis v., 46 III, 392, 82, 83. Welder, Board of Supervisors of Livingston County v., 64 HI, 437, 84. Weir, Arenz v., 89 III, 35, 84. Weis et al. People ex rel v., 275 III, 581, 119, 120. Wells, City of Chicago v., 236 III, 139, 104. Welsh, James, in re, 17 III, 161, 76. West Chicago Park Commissioners, Crane et al v., 153 IU., 348, 148. West Chicago Park Commissioners, Hart Brothers et al. v., 186 III, 464, 138. West Chicago Park Commissioners v. Sweet ei al, 167 III, 336, 148. West Chicago Park Commissioners v. Western Union Telegraph Company et al, 103 III, 33, 148. West V. People, 137 III, 189, 106. Western Steel Car and Foundry Company, Josma v., 249 III, 508, 104.. Western Union Telegraph Company et al. West Chicago Park Commissioners v., 103 III, 33, 148. Westfall, Franklin v., 273 III, 403, 143. WethereU v. Devine, 116 III, 631, 148. Weyrich v. People, 89 III, 90, 106. Wheeler v. Chubbuck, 16 III, 361, 57. White et al v. People, 90 III, 117, 106. White, Plumleigh v., 4 Gilman {9 III), 388, 36. White V. People ex rel, 94 HI, 604, 83. Whitesides v. People, Breese {1 III), 31, 37. Whlttemore, et al. People v., 253 III, 378, 130, 131. Whlttemore v. People, 227 III, 453, 116, 117, 131. Wiant, People ex rel v., 48 HI, 263, 80. Wider et al v. City of East St. Louis et al, 65 III, 133, 83. Wightman v. Wightman, 45 HI, 167, 89. Wilcox et al v. People ex rel, 90 III, 186, 127. Wilcox, People v., 237 III, 431, 119. TABLE OF CASES 217 wm, County of, et al, Donahue v., 100 III, 94, 128. Willard v. People, 4 Scamnvon {5 III), 461, 38. WUliams, City of Chicago v., 254 HI, 360, 124, 142. WiUiams, People ex rel v., 51 III, 63, 88. WiUiams, People v., 232 III, 619, 155. WiUiams v. People ex rel, 132 III, 574, 165. WiUiams v. UnderhiU, 68 III, 137, 83. WilUams v. Waldo et al, 3 Scammon (4 III), 264, 42. WUson, People v., 15 III, 388, 74. Wilson, Tuttle et al v., 24 III, 653, 42. Wilson V. Board of Trustees of the Sanitary District of Chicago et al., 133 III, 443, 122, 149, 150. Wilson V. Eockford, Eock Island, and St. Louis Eailroad Com pany, 59 III, 273, 88. Winget et al v. Quincy Building and Homestead Association, 128 III, 67, 119. Winnetka, ViUage of, Sherlock et al. v., 68 III, 530, 84, 148. Witter V. County Commissioners of Cook County et al, 256 III, 616, 108, 132. Wolf et al. City of Chicago v., 221 III, 130, 117, 131, 149. Wolf V. Hope, 210 III, 50, 149. Wood V. Blanchard, 19 III, 38, 62, 91. Worthlngton, People v., 21 III, 171, 81. Wren, Illinois Central Eailroad Company v., 43 III, 77, 55. Wright et al v. Wabash, St. Louis, and Pacific Eailway Company, 120 III, 541, 148. Wright, People ex rel v., 70 III, 388, 115. Wright, Updike v., 81 III, 49, 122, 148. Wulff V. Aldrich, 124 HI, 591, 155. Wunderle et al v. Wunderle, 144 III, 40, 120. Yeazel v. Alexander et al, 58 III, 254, 52. Yost et al, Plummer et al v., I44 III, 68, 143, 144, 146. Young et al v. Stearns et al, 91 III, 221, 133, 136. INDEX INDEX TO CONSTITUTION OF 1870" (References are to sections and articles.) Accusation, see offenses. cult, art. 6, sec. 11; county, art. Acts, see general assembly. 6, sec. 19; supreme, art. 6, sec. Adjournment of general assembly, 8; limitations, art. 4, sec. 10; pow- criminal cases. Cook county, ers of governor, art. 5, sec. 9. art. 6, sec. 26. Aid, municipal: railroads or pri- Appellate courts, see courts. vate corporations, separate sec. » . ^ j. , „ 3; sectarian institutions or pur- ^PP°^^*r.^*.''/^" ^"""''^^ ^''"'^¦ poses, art. 8, sec. 3; '°^^' governor. state, art. 4, sec. 20: rail- Apportionment, judicial, art. 6, roads or canals, separate sec. ^^^- ^> senatorial, art. 4, sec. 4; sectarian institutions or pur- 6. poses, art. 8, sec. 3. Appropriations, deficiency, art. 4, Amendment of laws, see general sec. 18, 19; diversion, art. 4, assembly. sec. 17; expenditure of by audi- Amendments to constitution, con- tor's warrant, art. 4, sec. 17; ex- ventlons, art. 14, sec. 1; legisla- piration, art. 4, sec. 18; general tive proposals, art. 14, sec. 2. assembly must make, art. 4, sec. Appeals and writs of error, courts : 18; governor may veto items, appellate, art. 6, sec. 11; cir- art. 5, sec. 16; *The Constitution of 1870 contains five separate sections. Four of these separate sections were submitted and adopted at the same time as the complete constitution. The separate section relating to convict labor was adopted as an amendment to the constitution in 1886. Under the terms of section 12 of the schedule the separate section relating to minority representation, if adopted, was to be substituted for sec tions 7 and 8 of article rv. While the original separate sections are not designated by numbers it has been deemed necessary for the purposes of this index, to number them. In this index the separate section relating to the Illinois Cen tral railroad is designated as separate section 1; the separate section relating to minority representation is considered separate section 2; that relating to municipal subscriptions to railroads or private corpor ations is designated separate section 3; that relating to the canal as separate section 4; and that relating to convict labor as separate sec tion 6. In the text of the Constitution of 1870, as it appears in this volume, the separate section relating to minority representation, having been adopted, appears as sections 7 and 8 of article iv, and in this index all references concerning minority representation are made to sections 7 and 8 of article iv. But, since the section relating to minority repre sentation, in the original document, appears as the second separate section, it was thought best, in dealing with the separate sections, to permit that section to be considered as separate section 2 and to desig nate the following separate section as separate section 3. 221 333 ILLINOIS HISTORICAL COLLECTIONS how made: by law, art. 4, sec. 17; items and sections, art. 5, sec. 16; private laws, art. 4, sec. 16; how to increase aggregate, art. 4, sec. 18; in aid of canals, separate sec. 4; revenue not to be exceeded, art. 4, sec. 18; salaries of state officers, art. 4, sec. 16. Army, see militia. Arrest, general assembly, mem bers of, privileges, art. 4, sec. 14. Assembly, peaceable, right of, se cured, art. 2, sec. 17. Attorney-general, duties, art. 5, sec. 1; election, art. 5, see. 3; eligibility to other offices, art. 5, sec. 5; report to governor, art. 5, sec. 20, 21; residence at capital, art. 5, sec. 1; salary, art. 5, sec. 23; term of office, art. 5, sec. 1; vacancy, art. 5, sec. 20. Auditor of public accounts, duties, art. 5, sec. 1; election, art. 5, sec. 3; eligibility to other offi ces, art. 5, sec. 5; general assembly: computes mileage of members, art. 4, sec. 21; duty to report expenses of, art. 4, sec. 17; report to gover nor, art. 5, sec. 20, 21; resi dence at capital, art. 5, sec. 1; salary, art. 5, sec. 23; term of office, art. 5, sec. 1; vacancy, art. 5, sec. 20. Bail, see offenses. Ballot, see suffrage. Banks, banking corporations, laws authorizing formation, submis sion to people, art. 11, sec. 5; of issue: deposit of security, art. 11, sec. 8; suspension of specie payment, art. 11, sec. 7; state bank, art. 11, sec. 5; state, financial interest in, art. 11, sec. 5; statements, art. 11, sec. 7; stockholders: liability, art. 11, sec. 6; registry, art. 11, sec. 8. Bill of rights, art. 2. Bills, see general assembly. Blood, effect of conviction on cor ruption of, art. 2, sec. 11. Board of county commissioners, see counties.. Boundaries, state, art. 1. Canals, credit of state, in aid of, separate sec. 4; deep waterway: bonds in aid of, separate sec. 4; power from, leasing of, separate sec. 4; Illinois and Michigan canal, sale or lease of, separate sec. 4. Capital stock, municipal subscrip tions, separate sec. 3; railroads : fictitious increase, art. 11, sec. 13; how increased, art. 11, sec. 13; transfer, art. 11, sec. 9. Capitol, expenditure for, art. 4, sec. 33. Chicago, debt limit, art. 4, sec. 34; special legislation on local gov ernment of, art. 4, sec. 34; municipal courts, art. 4, sec. 34. Chief justice, circuit and superior courts in Cook county, art. 6, sec. 24; supreme court, art. 6, sec. 2. Circuit courts, see courts. City courts, see courts. Civil power, military subordinate, art. 2, sec. 15. Claims, against state, when void, art. 4, sec. 19. Clerks, county, term and election, art. 10, sec. 8; courts of record. Cook county: assistants' compensation, art. 10, sec. 9; assistants' number, art. 10, sec. 9; duties, art. 6, sec. 32; election, art. 6, sec. 27; removal, art. 6, sec. 30; resi dence, art. 6, sec. 32; salaries, art. 10, sec. 9; terms, art. 6, sec. 27, 32; vacancies, art. 6, sec. 32; courts of record, in general: circuit, term and election, art. 10, sec. 8; clerk hire, art. 10, sec. 10; commissioned by gover nor, art. 6, sec. 29; county, term and election, art. 6, sec. 18; re moval, art. 6, sec. 30; residence, art. 6, sec. 32; salaries, art. 10, sec. 10; supreme, term and elec- INDEX 233 tion, art. 6, sec. 10; terms, art. 6, sec. 32; vacancies, art. 6, sec. 32. Committee of the whole, open ses sion, art. 4, sec. 10. Common carriers, see railroads. Commutation, see pardons, reve nue. Compensation, see claims, eminent domain, fees and salaries. Conscience, see religion. Consolidation, see railroads. Constables, see justices of the peace and constables. Constitutional amendments, see amendments to constitution. Contempt, see general assembly. Contracts, county, art. 4, sec. 15; laws impairing obligation, art. 2, sec. 14; school, art. 8, sec. 4; state, art. 4, sec. 15; supplies for state, art. 4, sec. 25. Convention, see amendments to constitution. Convict labor, separate sec. 5. Coroner, see county officers. Corporations, art. 11; how direc tors are elected, art. 11, sec. 3; municipal subscriptions and aid, separate sec. 3; organization: general law, art. 11, sec. 1; special law, art. 11, sec. 1, 2; right of street railways to use streets, art. 11, sec. 4. iSfee banks, railroads. Corruption of blood, see blood. Counties, board of commissioners. Cook county, art. 10, sec. 7; board of county commission ers: duties, art. 10, sec. 6; elec tion, art. 10, sec. 6; term, art. 10, sec. 6; boundaries, art. 10, sec. 1; division, art. 10, sec. 2, 3; effect of formation of new or division on Indebtedness, art. 10, sec. 3; formation of new, art. 10, sec. 1; power to levy taxes, art. 10, sec. 8; county seats, removal, art. 10, sec. 4; township organization: effect of adoption, art. 10, sec. 5; how discontinued, art. 10, sec. 5; names of townships, art. 10, sec. 5; township meetings, art. 10, sec. 5. County officers. Cook county, as sistants: compensation, art. 10, sec. 9; number, art. 10, sec. 9; election, art. 10, sec. 8; salaries, art. 10, sec. 9; terms, art. 10, sec. 8; in general: clerk hire, art. 10, sec. 10; eligibility for reelection, art. 10, sec. 8; enumerated, art 10, sec. 8; expenses, art. 10, sec. 10; salaries, art. 10, sec. 10; terms, art. 10, sec. 8. County seats, see counties. County superintendent of schools, compensation, art. 8, sec. 5; duties, art. 8, sec. 5; election, art. 8, sec. 5; powers, art. 8, sec. 5; qualifications, art. 8, sec. 5; terms, art. 8, sec. 5. County treasurer, see county offi cers. Courts, appellate: appeals and writs of error, art. 6, sec. 11; authorized, art. 6, sec. 11; dis tricts, art. 6, sec. 11, uniformity of organization and jurisdic tion, art. 6, sec. 11; circuit: additional terms, art. 6, sec. 14; appeals and writs of error, art. 6, sec. 11; effect of alteration of circuits, art. 6, sec. 13; judicial power vested in, art. 6, sec. 1; jurisdiction, art. 6, sec. 12; power of general as sembly on alteration of circuits, art. 6, sec. 13, 15; method of changing, art. 6, sec. 14; num ber, art. 6, sec. 12; circuit. Cook county: addi tional judges, art. 6, sec. 23; branches, art. 6, sec. 24; chief justice, art. 6, sec. 24; number, art. 6, sec. 23; city, judicial power vested in, art. 6, sec. 1; county: appeals and writs of error, art. 6, sec. 19; districts of more than one county, art. 6, sec. 18; judicial powers vested in, art. 6, sec. 1; jurisdiction, art. 6, sec. 18; criminal. Cook county: 224 ILLINOIS HISTORICAL COLLECTIONS judges, art. 6, sec. 26; jurisdic tion, art. 6, sec. 26; in general : eligibility of judges, art. 6, sec. 17; organiza tion, jurisdiction, powers, pro ceedings and practice, uniform ity, art. 6, sec. 29; municipal, in Chicago, art. 4, sec. 34; probate: authorized, art. 6, sec. 20; jurisdiction, art. 6, sec. 20; superior. Cook county: addi tional judges, art. 6, sec. 23; branches, art. 6, sec. 24; chief justice, art. 6, sec. 24; number of judges, art. 6, sec. 23; supreme: alteration of dis tricts, art. 6, sec. 4, 5; appeals and writs of error, art. 6, sec. 8, 11 ; apportionment of d I s- tricts, art. 6, sec. 5; chief justice, art. 6, sec. 2; decisions, art. 6, sec. 2; districts estab lished, art. 6, sec. 5; grand di visions, art. 6, sec. 4, 5; juris diction, art. 6, sec. 2; quorum, art. 6, sec. 2; reporter of deci sions, art. 6, sec. 9; terms, art. 6, sec. 4. See clerks, judges. Criminal offenses, see offenses. Cumulative voting, directors of corporations, art. 11, sec. 3; house of representatives, art. 4, sec. 7, 8. Debt, imprisonment for, art. 2, sec. 12. See indebtedness. Deep waterway, see canals. Delegates to constitutional con vention, election, art. 14, sec. 1; number, art. 14, sec. 1; oath, art. 14, sec. 1; qualifications, art. 14, sec. 1; vacancies, art. 14, sec. 1. Departments, see government. Directors, corporations, how elected, art. 11, sec. 3; railroads, art. 11, sec. 11. Discrimination, railroad rates, art. 11, sec. 15; religious, art. 2, sec. 3. Disqualification, see office. Distribution of powers, art. 3. Districts, drainage, art. 4, sec. 31. See courts, justices of peace and constables, senatorial dis tricts. Drainage, art. 4, sec. 31. Due process of law, art. 2, sec. 2. Education, aid to county superin tendent of schools, art. 8, sec. 5; donations, art. 8, sec. 2; free schools, art. 8, sec. 4; school contracts, art. 8, sec. 4; sectari an institutions, art. 8, ssc. 3. Elections, free and equal, art. 2, sec. 18; judge of election of members of general assembly, art. 4, sec. 9; state officers: decision of a tie, art. 5, sec. 4; returns, art. 5, sec. 4. See attorney-general, auditor of public accounts, clerks, counties, county officers, general assembly, governor, judges, justices of the peace and constables, lieutenant gov ernor, secretary of state, state treasurer, state's attorneys, su perintendent of public instruc tion. Elevators, see warehouses. Emergency laws, art. 4, sec. 13. Eminent domain, compensation : jury to ascertain, art. 2, sec. 13; owners of private property taken or damaged for public use are entitled to, art. 2, sec. 13; railroads: fee of land taken by, to remain In owners, art. 2, sec. 13; jury to ascertain com pensation, art. 11, sec. 14; sub ject to, art. 11, sec. 14. Employment, defined, art. 5, sec. 24. Enacting clause, art. 4, sec. 11. English language, see proceedings. Executive department, art. 5; officers constituting, art. 5, sec. 1. Executive power, exercised by executive department only, art. 3. Exemption laws, see homestead and exemption laws. Exemptions, militia, art. 12, sec. 1, 6; taxation, art. 9, sec. 3. Expenses, duty of auditor to re port to general assembly, art. INDEX 336 4, sec. 17; general assembly to appropriate for government, art. 4, sec. 18. Ex post facto laws, art. 2, sec. 14. Expulsion, members of general as sembly, art. 4, sec. 9. Extortion, railroad rates, art. 11, sec. 15. Fees, classification of counties for purpose of fixing, art. 10, sec. 12; county and township offi cers, art. 10, sec. 11, 12; dis position of, art. 5, sec. 23; art. 10, sec. 9, 10; duty of officers collecting to report, art. 5, sec. 20; art. 10, sec. 13; regulated by general law, art. 10, sec. 11, 12; uniformity, art. 10, sec. 11, 12. See claims, compensation. Fees and salaries, alteration dur ing term of office, art. 4, sec. 21; art. 5, sec. 23; art. 6, sec. 7, 16, 25; art. 9, sec. 11; art. 10, sec. 10; classification of counties for purpose of fixing, art. 10, sec. 10. See attorney-general, auditor of public accounts, clerks, county officers, county superintendent of schools, gen eral assembly, governor, judges, justices of peace and con stables, lieutenant governor, secretary of state, state treas urer, state's attorneys, super intendent of public instruction. Forfeiture, effect of conviction of estate, art. 2, sec. 11; railroads subject to, art. 11, sec. 15. Franchise, appeals and writs of error in cases Involving, art. 6, sec. 11; railroads, subject to forfeiture, art. 11, sec. 15. General assembly, adjournment, art. 4, sec. 10; art. 5, sec. 9; appointments : confirmation by senate, art. 5, sec. 10, 11; eligibility to, art. 4, sec. 15; power of, art. 5, sec. 10; bills: amendments, art. 4, sec. 12; entry of yeas and nays on journal for flnal passage, art. 4, sec. 12; manner of voting on. art. 4, sec. 12; origin, art. 4, sec. 12; printing, art. 4, sec. 13; reading, art. 4, sec. 13; re jection by either house, art. 4, sec. 12; signature of speaker in bill, art. 4, sec. 13; veto, art. 5, sec. 16; vote required for final passage, art. 4, sec. 12 ; yeas and nays, art. 4, sec. 12; branches, art, 4, sec. 1; debts, may contract, art. 4, sec. 18, 19; power to punish, contempt, art. 4, sec. 9; house of representatives : election of members, art. 4, sec. 2, 7, 8; elective, art. 4, sec. 1; number of members, art. 4, sec. 7, 8; presiding officer of opening session, art. 4, sec. 9; terms of members, art. 4, sec. 7, 8; journal, art. 4, sec. 10; laws: amendment by refer ence, art. 4, sec. 13; emergency, art. 4, sec. 13; operative, art. 4, sec. 13; revivification by refer ence, art. 4, sec. 13; style, art. 4, sec. 11; subject, art. 4, sec. 13; title, art. 4, sec. 13; lieu tenant governor; members : disqualifications, art. 4, sec. 4; election, returns, and qualifications, judgment of, art. 4, sec. 9; elections, art. 4, sec. 2, 6, 7, 8; expulsion, art. 4, sec. 9; interest In state and county contracts, art. 4, sec. 15, 25; mileage, art. 4, sec. 21; oath, art. 4, sec. 5; privileges, art. 4, sec. 14; protest, right of, art. 4, sec. 10; qualifications, art. 4, sec. 3; right to have yeas and nays recorded, art. 4, sec. 10; salary, art. 4, sec. 21; offi cers of, how chosen, art. 4, sec. 9; quorum, art. 4, sec. 9; rules of proceedings, art. 4, sec. 9; minority representation, art. 4, sec. 7, 8; senate: election of members, art. 4, sec. 2, 6; elective, art. 4, sec. 1; number of members, art. 4, sec. 6; president, art. 5, sec. 18; pro tempore presiding offi cer, art. 5, sec. 18; temporary 226 ILLINOIS HISTORICAL COLLECTIONS president, art. 4, sec. 9; terms, art. 4, sec. 6; sessions: open, art. 4, sec. 10; special, art. 5, sec. 8; time of, art. 4, sec. 9; yeas and nays, art. 4, sec. 10, 12; art. 5, sec. 16. iSfee appro priations, lieutenant governor, minority representation. Government, powers, division of, art. 3; principles, recurrence to, art. 2, sec. 20.' Governor, appointments, art. 5, sec. 10, 11; approval of con tracts for supplies, art. 4, sec. 25; army and navy, commander in chief, art. 5, sec. 14; duties, art. 5, sec. 1; election, art. 5, sec. 3; eligibility to other offi ces, art. 5, sec. 5; executive power, art. 5, sec. 6; general assembly: adjourn ment of, art. 5, sec. 9; furnishes estimates of money needed, art. 5, sec. 7; message to, art. 5, sec. 7; reports to, art. 5, sec. 7; special session of, art. 5, sec. 8; vacancies, writs of election, duty to issue,, art. 4, sec. 2; Impeachment, art. 5, sec. 15; lieutenant governor's duties, art. 5, sec. 17; pardons, art. 5, sec. 13; president of senate to act as, art. 5, sec. 19; power to remove officers of, art. 5, sec. 12; qualifications, art. 5, sec. 5; residence at capital, art. 5, sec. 1; salary, art. 5, sec. 23; speaker of the house to act as, art. 5, sec. 19; term of office, art. 5, sec. 1; veto, art. 5, sec. 16. Grain, duties of railroads as to shipments of, art. 13, sec. 4, 5; inspection, art. 13, sec. 7; pro tection of producers and ship pers, art. 13, sec. 7. Grand jury, abolition of, art. 2, sec. 8; Indictment by, art. 2, sec. 8. Habeas corpus, suspension of writ of, art. 2, sec. 7. Happiness, pursuit of, art. 2, sec. 1. Highways, see roads and high ways. Homestead and exemption laws, duty of general assembly to pass, art. 4, sec. 32. House of representatives, see gen eral assembly. Illinois Central Kailroad, separate sec. 1. Impeachment, civil officers, art. 5, sec. 15; conviction, art 4, sec. 24; governor, art. 5, sec. 15; procedure, art. 4, sec. 24. Imprisonment, contempt in gen eral assembly, punished by, art. 4, sec. 9. See debt. Indebtedness, Chicago, art. 4, sec. 34 ; effect of alteration of county boundaries, art. 10, sec. 3; limi tations on municipal corpora tions, art. 9, sec. 12, 13; property in municipal corpo rations: duty to levy taxes for Interest and principal, art. 9, sec. 12; liability for, art. 9, sec. 10; release of, art. 4, sec; 23; art. 9, sec. 6; sale for, art. 9, sec. 10; state: power to contract, art. 4, sec. 18, 19; release of, art 4, sec. 23; art. 9, sec. 6. Indictment, see grand jury. Injuries, remedy should be pro-- vlded, art. 2, sec. 19. Insurrection, suspension of writ of habeas corpus, art. 2, sec. 7; suppression of: debts may be contracted, art. 4, sec. 18, 19; governor may call militia, art. 5, sec. 14. Invasion, see insurrection. Jeopardy, art. 2, sec. 10. Journal, see general assembly. Judges, appellate courts: salary, art. 6, sec. 11. circuit courts: duties, art. 6, sec. 16, 32; election, art. 6, sec. 13, 15; eligibility, art. 6, sec. 17; residence, art. 6, sec. 32; salary, art. 6, sec. 16; terms, art. 6, sec. 12; vacancies, art. 6, sec. 32. circuit courts. Cook county: duties, art. 6, sec. 16, 32; elec tion, art. 6, sec. 23; eligibility, art. 6, sec. 17; residence, art. 6, INDEX 337 sec. 32; salary, art. 6, sec. 25; term, art. 6, sec. 23; vacancies, art. 6, sec. 32. county courts: duties, art. 6, sec. 32; election, art. 6, sec. 18; art. 10, sec. 8; eligibility, art. 6, sec. 17; residence, art. 6, sec. 32; salary, art. 10, sec. 9, 10; term, art. 6, sec. 18; art. 10, sec. 8; vacancies, art. 6, sec. 32. criminal courts. Cook county, art. 6, sec. 26. probate courts: duties, art. 6, sec. 32; election, art. 6, sec. 20; eligibility, art. 6, sec. 17; resi dence, art. 6, sec. 32; term, art. 6, sec. 20; vacancies, art. 6, sec. 32; superior courts. Cook county: duties, art. 6, sec. 32; election, art. 6, sec. 23; eligibility, art. 6, sec. 17; powers, art. 6, sec. 24; salary, art. 6, sec. 25; term, art. 6, sec. 23; vacancies, art. 6, sec. 32. supreme court: duties, art. 6, sec. 16, 32; election, art. 6, sec. 6; eligibility, art. 6, sec. 3; number, art. 6, sec. 2; residence, art. 6, sec. 32; salary, art. 6, see. 7; term, art. 6, sec. 6; vacancies, art. 6, sec. 32; commissioned by governor, art. 6, sec. 29. removal, art. 6, sec. 30; re ports, duty to make, art. 6, sec. 31. See clerks, courts. Judicial department, art. 6. Judicial officers, see clerks, judges, justices of the peace and con stables, state's attorneys. Judicial powers, justices of the peace and constables exercised by judicial department only, art. 3. See courts. Jurisdiction, see courts. Jury, civil cases of justices of the peace, art. 2, sec. 5; eminent domain, art. 2, sec. 13; art. 11, sec. 14; rights of persons ac cused of crime, art. 2, sec. 9; trial by, guaranteed, art. 2, sec. 5. See grand jury. Justice, free and prompt, art. 2, sec. 19. Justices of the peace and con stables, abolition of Chicago, art. 4, sec. 34; commissioned by governor, art. 6, sec. 29; Cook county: appointment, art. 6, sec. 28; limitation of jurisdiction, art. 4, sec. 34; re moval from office, art. 6, sec. 28; terms, art. 6, sec. 28; dis tricts, election, art. 6, sec. 21; duties, art. 6, sec. 32; election, art. 6, sec. 21; judicial powers vested in, art. 6, sec. 1; juris diction, uniformity, art. 6, sec. 21; jury trials, art. 2, sec. 5; lucrative office, art. 4, sec. 3; removal from office, art. 6, sec. 30; residence, art. 6, sec. 32; terms, art. 6, sec. 32; vacancies, art. 6, sec. 32. Language, see proceedings. Laws, see general assembly; special legislation. Legislation, see general assembly; special legislation. Legislative department, art. 4. Legislative power, see general assembly; exercised by legis lative department only, art. 3. Libel, art. 2, sec. 4. Liberty, deprivation of, art. 2, sec. 2; preservation of, art. 2, sec. 20; secured, art. 2, sec. 1. Lieutenant governor, acts as gov ernor, art. 5, sec. 17; duties, art. 5, sec. 1; election, art. 5, sec. 3; eligibility to other offi ces, art. 5, sec. 5; qualifications, art. 5, sec. 5; report to gov ernor, art. 5, sec. 20, 21; salary, art. 5, sec. 23; senate: president of, art. 5, sec. 18; voting in, art. 5, sec. 18; term of office, art. 5, sec. 1; vacancy, art. 5, sec. 20. Life, deprivation of, art. 2, sec. 2; right to and protection of, art. 2, sec. 1. Local improvements, see special assessments. Local legislation, see special legis lation. Lotteries, art. 4, see. 27. Lucrative office, see office. 228 ILLINOIS HISTORICAL COLLECTIONS Message, see governor. Mileage, see general assembly. Military, see civil power. Militia, art. 12; appointments in lucrative offices, art. 4, sec. 3; formation of, art. 12, sec. 2; members' privileges, art. 12, sec. 4; officers: commissioned by gov ernor, art. 12, sec. 3; terms, art. 12, sec. 3; preservation of records, ban ners, relics, art. 12, sec. 5; prosecution of criminal offenses in, art. 2, sec. 8; service in, art. 12, sec. 1, 6. See governor, insurrection, soldiers. Mill tax, abolished, schedule ssc. 23. Miners, protection of, art. 4, sec. 29. Mines, duty of railroads, art. 13, sec. 5. See miners. Ministry, see religion. Minority representation, plan of, art. 4, sec. 7, 8. Misdemeanors, definition, art. 2, sec. 8; prosecution, art. 2, sec. 8. Municipal corporations, officers : compensation, art. 9, sec. 11; disqualifications, art. 9, sec. 11. See aid, capital stock, corpora tions, indebtedness. Municipal courts, see courts. Municipal subscriptions to private corporations, see capital stock. Navy, see militia. Notary public, lucrative office, art. 4, sec. 3. Oath, civil officer, art. 5, sec. 25; members of general assembly, art. 4, sec. 5. See religion. Offenses, criminal: appeals, Cook county, art. 6, sec. 26; hail, art. 2, sec. 7; effect of conviction, art. 2, sec. 11; art. 7, sec. 7; indictment, art. 2, sec. 8; jeop ardy, art. 2, sec. 10; jury trial, art. 2, sec. 5, 9; penalties, art. 2, sec. 11; rights of accused. art. 2, sec. 9, 10; trial, art. 2, sec. 9. Office, appointments to, art. 5, sec. 10; defined, art. 5, sec. 24; disqualifications, art. 4, sec. 4; art. 9, sec. 11; non-lucrative, art. 4, sec. 3; qualifications, art. 4, sec. 3; art. 5, sec. 5; art. 6, sec. 3, 17, 32; art. 7, sec. 6; art. 8, sec. 5; removal from, art. 4, sec. 24; art. 5, sec. 12, 15; art. 6, sec. 9, 28, 30; term, art. 4, sec. 28; vacancies, art. 4, sec. 2; art. 5, sec. 11, 20; art. 6, sec. 32; art. 14, sec. 1. Officers, see attorney-general, au ditor of public accounts, clerks, county officers, general assem bly, governor, judges, justices of the peace and constables, lieutenant governor, militia, municipal corporations, oath, office, secretary of state, state treasurer, state's attorneys, sup erintendent of public instruc tion, county superintendent of schools, board of county com missioners. Opinions, see religion. Pardons, power of governor, art. 5, sec. 13. Penalties, see offenses. Police magistrates, see justices of the peace and constables. Population, defined, art. 6, sec. 33. Powers of government, distribu tion, art. 3; exercise, art. 3. Preamble, page 103. President of senate, see general assembly, governor, lieutenant governor. Privileges, general assembly, art. 4, sec. 14; militia, art. 12, sec. 4; special, art. 2, sec. 14; art. 4, sec. 22; voters, art. 7, sec. 3. Probate courts, see courts. Proceedings, executive, legislative, judicial, publication and preser vation of, schedule sec. 18. Process, art. 6, sec. 33. Property, due process of law, art. 2, sec. 2; eminent domain, art. 2, sec. 13; art. 11, sec. 14; in jury, art. 2, sec. 19; municipal debts, art. 9, sec. 10; protection of, art. 2, sec. 1; railroads: eminent domain, art. 11, sec. 14; forfeiture, art. 11, sec. 15; movable, subject to WDEX 229 execution, art. 11, sec. 10. See revenue. Prosecutions, carried on, art. 6, sec. 33; conclude, art. 6, sec. 33. See offenses. Protest, see general assembly. •Qualifications, see office. Quorum, see general assembly. Railroads, coal banks and yards, art. 13, sec. 5; consolidation, art. 11, sec. 11; organization, art. 11, sec. 9; public highways, art. 11, sec. 12; rolling stock sub ject to execution, art. 11, sec. 10; property subject to for feiture, art. 11, sec. 15; rates: discrimination and ex tortion, art. 11, sec. 15; trans portation, art. 11, see. 12; report to auditor, art. 11, sec. 9; registry of, stockholders, art. 11, sec. 9; warehouses, duties, art. 13, sec. 5. See aid, capital stock, directors, eminent do main, grain. Rates, see railroads. Real estate, see revenue. Rebellion, see insurrection. Recorder of deeds, see county offi cers. Records, see militia, proceedings. Redemption, see revenue. Religion, denial of civil and political rights, art. 2, sec. 3; free exercise and enjoyment, art. 2, sec. 3; improper prac tices, art. 2, sec. 3; licentious ness, art. 2, sec. 3; oaths and affirmations, art. 2, sec. 3; pre ferences to religious denomina tions, art. 2, sec. 3; sectarian institutions, art. 8, sec. 3; sup port of ministry or place of worship, art. 2, sec. 3. Remedy, see injuries. Removal from office, see office. Reporter of decisions, appoint ment, art. 6, sec. 9; removal, art. 6, sec. 9. Reports, see attorney-general, au ditor of public accounts, clerks, county officers, general assem bly, judges, lieutenant governor, railroads, secretary of state, state treasurer, superintendent of public instruction. Representatives, right of people to address, art. 2, sec. 17. Representatives, house of, see general assembly. Reprieves, see pardons. Reputation, see injuries. Residence, qualification for office, art. 4, sec. 3; art. 5, sec. 5; art. 6, sec. 3, 17, 32; art. 7, sec. 6; state officers at capital, art. 5, sec. 1; voters, art. 7, sec. 1, 4, 5. Revenue, art. 9; enumerated trades and occupations, art. 9, sec. 1; exemptions from taxation: general law, art. 9, sec. 3; property subject to, art. 9, sec 3; general power of general as sembly, art. 9, sec. 2; general property tax, art. 9, sec. 1; municipal taxation: power of corporate authorities for cor porate purposes, art. 9, sec. 9, 10; power of general assembly for corporate purposes, art. 9, sec. 10; counties, art. 9, sec. 8; general property tax, art. 9, sec. 9, 10; special assessments, art. 9, sec. 9; uniformity, art. 9, sec. 9, 10; real estate, sale of, for non payment of taxes: procedure, art. 9, sec. 4; redemption, art. 9, sec. 5; state taxation: commutation, art. 9, sec. 6; payment of taxes into state treasury, art. 9, sec. 7; release, art. 9, sec. 6; uniformity, art. 9, sec. 1; valuation, art. 9, sec. 1. Revivification of laws, see gen eral assembly. Roads and highways, control of cities, towns and villages, art. 11, sec. 4; duty of general as sembly, art. 4, sec. 30; rail roads declared public highways, art. 11, sec. 12. Rolling stock, see railroads. Salaries, see fees and salaries. Schools, see education. 230 ILLINOIS HISTORICAL COLLECTIONS Seal of state, custody, art. 5, sec. 22. Search warrants, affidavit, art. 2, sec. 6; probable cause, art. 2, sec. 6. Searches and seizures, unreason able, art. 2, sec. 6. Secretary of state, custodian of seal of state, art. 5, sec. 22; duties, art. 5, sec. 1; election, art. 5, sec. 3; eligibility to other offices, art. 5, sec. 5; presiding officer of house of representa tives, art. 4, sec. 9; report to governor, art. 5, sec. 20, 21; residence at capital, art. 5, sec. 1; salary, art. 5, sec. 23; term of office, art. 5, sec. 1; vacancy, art. 5, sec. 20. Sectarian institutions, see aid. Seizures, see searches and sei zures. Senate, see general assembly. Senatorial districts, apportion ment, art. 4, sec. 6; boundaries, art. 4, sec. 6; compact and con tiguous territory, art. 4, sec. 6; required ratio of population, art. 4, sec. 6. Senators, see general assembly. Sessions, see general assembly, special session of the general assembly. Sheriff, see county officers. Soldiers, quartering of, art. 2, sec. 16; right to vote, art. 7, sec. 4, 5. See militia. Speaker of house, see general as sembly, governor. Special assessments, cities, towns and villages, art. 9, sec. 9; drainage districts, art. 4, sec. 31. Special legislation, enumerated subjects, art. 4, sec. 22; exemp tion from taxation, art. 9, sec. 3; fees, county and township officers, art. 10, sec. 11, 12; local government of Chicago, art. 4, sec. 34; organization of corpor ations, art. 11, sec. 1; township organization, art. 10, sec. 5. Special session of the general as sembly, business of, art. 5, sec. 8; power of governor to call, art. 5, sec. 8. Speech, freedom of: responsibility for, art. 2, sec. 4; secured, art. 2, sec. 4; privileges of members of general assembly, art. 4, sec 14. See libel. State, suits against, art. 4, sec. 26. State treasurer, duties, art. 5, sec. 1; election, art. 5, sec. 3; reelection, art. 5, sec. 2; re port to governor, art. 5, sec. 20, 21; residence at capital, art. 5, sec. 1; salary, art. 5, sec. 23; security, additional, art. 5, sec. 2; term of office, art. 5, sec. 2; vacancy, art. 5, sec. 20. State's attorneys. Cook county, salary, art. 6, sec. 25; In general: commissioned by governor, art. 6, sec. 29; duties, art. 6, sec. 32; election, art. 6, sec. 22; removal, art. 6, sec. 30; residence, art. 6, sec. 32; terms, art. 6, sec. 22; vacancies, art. 6, sec. 32. Stockholders, see banks, railroads. Street railways, see corporations. Suffrage, conviction of Infamous crime, art. 7, sec. 7; soldiers, art. 7, sec. 4, 5; voting by ballot, art. 7, sec. 2; voters: privileges, art. 7, sec. 3; qualifications, art. 7, sec. 1; residence, art. 7, sec. 4, 5. Superintendent of public instruc tion, duties, art. 5, sec. 1; elec tion, art. 5, sec. 3; eligibility to other offices, art. 5, sec. 5; re port to governor, art. 5, sec. 20, 21; residence at capital, art. 5, sec. 1; salary, art. 5, sec. 23; term of office, art. 5, sec. 1; vacancy, art. 5, sec. 20. Supreme courts, see courts. Taxation, see revenue. Title of acts, see general assem bly. Townships, see counties. Trial by jury, see jury. Uniformity, see courts, fees, justices of the peace and con stables, taxation. INDEX 231 Vacancies, see attorney-general, auditor of public accounts, clerks, general assembly, judges, justices of the peace and con stables, lieutenant governor, sec retary of state, state treasurer, state's attorneys, superintend ent of public instruction. Valuation, see revenue. Veto, power of governor, art. 5, sec. 16. Vote, see suffrage. Voter, see suffrage. Warehouses, art. 13; definition, art. 13, sec. 1; duties of owners, art. 13, sec. 2; duties of rail roads, art. 13, sec. 5; fraudulent receipts, art. 13, sec. 6; right of owners to examine stored prop erty, art. 13, sec. 3. Warrants, see appropriations, search warrants. Witnesses, rights of accused per sons, art. 2, sec. 9. Worship, see religion. Writ of error, see appeals and writs of error. Wrongs, see injuries. Yeas and nays, see general as sembly. -18 H c