St. Clair County, Illinois - Biographical sketches, 1881 (part 12 of 13)

Time Of Meeting And General Rules

g 9. The sessions of the general assembly shall commence at 12 o'clock noon, on the Wednesday next after the first Monday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this constitution. A majority of the members elected to each bouse shall constitute a quorum. Each house shall determine the rules of its proceedings, and be the judge of the election returns and qualifications of its members ; shall choose its own officers ; and the senate shall choose a temporary president to preside when the lieutenant-governor shall not attend as president or shall act as governor. The secretary of state shall call the house of representatives to order at the opening of each new assembly, and preside over it until a temporary presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of two-thirds of all the members elected to that house, and no member shall be twice expelled for the same offence. Each house may punish by imprisonment any person, not a member, who shall be guilty of disrespect to the house by ilisorderly or contemptuous behaviour in its presence. But no such imprisonment shall extend beyond two hours at one time, unless the person shall persist in such disorderly or contemptuous behaviour.

^ lo. The doors of each house and of committees of the whole, shall be kept open, except in such cases as. in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, or to any other place than that in which the two houses shall be sitting. Each house shall keep a journal of its proceedings, which shall be 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.

Style Of Laws And Passage Of Bills

J II. 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.

2 12. Bills may originate in either house, but may be altered, amended or rejected by the other ; and on the final passage of all bills, the vote shall be by yeas and nays, upon each bill separately, and shall be entered upon the journal ; and no bill shall become a law without the concurrence of a majority of the members elected to each house.

313. Every bill shall be read at large on three different days, in each house; and the bill and all amendments thereto shall be printed before the vote is taken on its final passage ; and every bill, having passed both houses, shall be signed by the speakers thereof. No act hereafter passed shall embrace more than one subject, and that shall be expressed in the title. But if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be so expressed ; and no law shall be revived or amended by reference to its title only, but the law revived, or the section amended shall be inserted at length in the new act. And no act of the general assembly shall take effect until the first day of July next after its passage, unless, in case of emergency, (which emergency shall be expressed in the preamble or body of the act), the general assembly shall, by a vote of two-thirds of all the members elected to each house, otherwise direct.

Privileges And Disabilities

% 14. Senators and representatives shall, in all cases, except treason, felony or breach of the peace be privileged from arrest during the session of the general 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.

2 15. No person elected to the general assembly shall receive any civil appointment within this State from the governor, the governor and senate, or from the general assembly, durin<' the term for which he shall have been elected; and all such appointments, and all votes given for any such members for any such office or appointment, shall be void; nor shall any member of the general assembly be interested, either directly or indirectly, in any contract with the state, or any county thereof, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof.

Public Moneys And Appropriations

i 16. The general assembly shall make no appropriation of money cut of the treasury in any private law. Bills making appropriations for the pay of members and officers of the general assembly, and for the salaries of the officers of the government, shall contain no provisions on any other subject. _

2 17. No money shall be drawn from the treasury except m 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 ff>r any purpose, or taken from any fund whatever, either >^" J"-'"'- senarate resolution. The auditor shall, within 60 days after the adjournment of each session of the general assembly, prepare and publish a full statement of all money expended at such session, specifying the amount of each item, and to whom and for what paid.

\ 18. Each general assembly shall provide for all the appropriations necessary for the ordinary and contingent expenses of the government until the expiration of the first fiscal quarter after the adjournment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of ihe members elected to each house, nor exceed the amount of revenue authorized by law to be raised in such time; and eU appropriations, 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 Stale may, to meet casual deficits or failures in revenue, contract debts, never to exceed in the aggregate 16250,000 ; and moneys thus borrowed shall be applied to the purpose for which they were obtaijied, or to pay the debt thus created, and to no other purpose ; and no other debt, except for the purpose of repelling invasion, suppressing insuriectioD, 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 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 lime, 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 iiTepealable 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.

§ 19. The general assembly shall never grant or authorize extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered gr a contract made, nor authorize the payment of any claim, or part thereof, hereafter created against the State under any agreement or contract made without express authority of law ; and all such unauthorized agreements or contracts shall be null and void : Provided, the general assembly may make appropriations for expenditures incurred in suppressing insurrection or repelling invasion.

\ 20. The State shall never pay, assume or become responsible for the debts or liabilities of, or in any manner give, loan or extend its credit to, or in aid of any public or othei corporation, association or individual.

Pay Of Members

\ 21. The members of the general assembly shall receive for their services the sum of $% per day, during the first session held under this constitution, and 10 cents for each mile necessarily traveled in going to and returning from the seat of government, to be computed by the auditor of public accounts ; and thereafter such compensation as shall be prescribed by law, and no other allowance or emolument, directly or indirectly, for any purpose whatever ; except the sum of ^50 per session to each member, which shall be in full foi postage, stationery, newspapers, and all other incidental expenses and perquisites; but na change shall be made in the compensation of members of the general assembly durin'5[ th(, term for which they may have been elected. The pay and mileage allowed to each membeic of the general assembly shall be certified by the speaker of their respective houses, and entered on the journals and published at the close of each session.

Special Legislation Prohibited

Creating, increasing, or decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed ;

Granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters for such purpose ;

\ 23. The general assembly shall have no power to release or extinguish, in whole or m part, the indebtedness, liability, or obligation of any corporation or individual to this StjUe or to any municipal corporation therein.

Impeachment

2 24. The house of representatives shall have the sole" power of impeachment; but a majority of all the members elected must concur therein. All impeachments shall be tried by the. senate ; and when sitting for that purpose, the senators shall be upon oath, or affirmation, to do justice according to law and evidence. When the governor of the State is tried, the chief justice shall preside. No person shall be convicted without the concurrence of two-thirds of the senators elected, But judgment, in such cases, shall not extend further than removal from office, and disqualification to hold any office of honor profit or trust under the government of this State. The party, whether convicted or acquitted, shall, pevertheless, be liable to prosecution, trial, judgment and punishment according to law.

Miscellaneous

S 25. The general assembly shall provide, by law, that the fuel, stationery and printingpaper 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 1 y contract to the lowest responsible bidder ; but the general assembly shall fix a maximum price ; and no member thereo*', or other officer of the State, shall be interested, directly or indirectly, in such contract. But all such contracts shall be subject to (he approval of the governor, and if he disapproves the same there shall be a re-letting of the contract, in such manner as shall be prescribed by law.

§ 27. The general asembly shall have no power to authorize li,tteries or gift enterprises, for any purpose, and shall pass laws to prohibit the sale of lottery or gift enterprise tickets in this State.

§ 29. It shall be the duty of the general assembly to pass such laws as may be necessary for the protection of operative miners^ by providing for ventilation, when the same may be required, and the construction of escapement-shafts, or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties apd punishments as may be deemed proper.

J 30. The general assembly may provide for establishing and opening roads and cartways, connected with a public road, for private and public use.

J 31. The general assembly may pass laws permitting the owners and occupants of lands to construct drains and ditches, for agricultural and sanitary purposes, across the lands of others.

I 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 aggregrate, ;?3, 500,000, inclusive of all appropriations heretofore made, without first submitting the proposition for an additional expenditure to the legal voters of the State, at a general election; nor unless a majority of all the votes at such election shall be for the proposed additional expenditure.

Executive Department

Governor as Commander-in-Chief. Impeachment for Misdemeanor. Veto of the Governor. * Lieutenant-Governor as Coventor. As President of the Senate. Vacancy in Governor's Ofnce. Vacancy in o h r State Offices. Reports of State Oiiicers. Great Seal of State, Fees and Salaries. Definition of " Office." Oath of Civil Officers.

J -1. The executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Ptiblic Ins' ruction,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 elet;tion, 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.

J 2. The Treasurer shall hold his office for the term of two yeirs, and until his successor is elected and qualified; and shall be ineligible to said office for two years next after the end of the term for which he was""elected. lie may be required by the Governor to giije reasonable additional security, and in default of so doing his office shall" be deemed vacant.

Election

J 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 in November, in the year of our Lord 1872, and every four years thereafter; for Superintendent of Public instruction, on the Tuesday next after the first Monday of November, in the year 1870, and every four years thereafter; and for Treasurer on the day last above mentioned, and every twj years thereafter, at such places and in such manner as may be prescribed by law.

J 4. The returns of every election for the above named officers shall be sealed up and transmitted, by the returning offijers, to the Secretary of State, directed to "The Speaker of the House of Representatives," who shall, immediately after the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of each house of the general asseml^ly, who shall, for that purpose, assemble in the hall of the house of representatives. The person having the highest number of votes for either of the said offices shall be declared duly elected; but if two or more have an equal and the highest number of votes, the general assembly shall, by joint ballot, choose one of such persons for said office. Contested elections for all of said offices shall be determined by both houses of the general assembly, by joint ballot, in such manner as may be prescribed by law.

Eligibility

I 5. No person shall be eligible to the office of governor, or lieutenant-governor, who shall not have attained the age of 30 year?, and been, for five years next preceding his election, a chizen of the United States and of this State. Neither the governor, lieutenantgovernor, auditor of public accounts, secretary of State, superintendent of public instruction nor attorney general shall be eligible to any other office during the period for which he shall have been elected.

Governor

J 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.

g 8. The governor may, on extraordinary occasions, convene the general assembly, by proclamation, stating therein the purpose for which they are convened; and the general assembly shall enter upon no business except that for which they were called together.

J 9. In case of a disagreement between the two houses with respect to the time of adjournment, the governor may, on the same being certifiedito him, by the house first moving the adjournment, adjourn the general assembly to such time as he thinks proper, not beyond the first day of the next regular session.

J 10. The governor shall nominate, and by and with the advice and consent of the senate, (a majority of all the senators selected concurring, by yeas and nays,) aDpoint all officers whose offices are established by this constitution, or which may be created by law, and whjse appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the general assembly.

g II. 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), shall hold his office during the remainder of the time, and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at the request of the senate, or be appointed to the same office duiing the recess of the general assembly.

2 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.

J 13. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offences, subject to such regulations as may be provided by law relative to he manner of applying therefor.

J 14. The governor shall be commander-in-chief of the military and naval forces of the State (except when they shall be called into the service of the United States) ; and may call out the Same to execute the laws, suppress insurrection, and repel invasion.

Veto

^ i5. Every bill passed by the general assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If, then, two-thirds of the members elected agree to pass the same, it shall be sent, together with the objections, to the other bouse, 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 shall be determined by yeas and nays, to be entered on the journal. Any bill which, shall not be returned 1^ 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 shall, by their adjournment, prevent its return; in which case it shall be filjd, with his objections, in the office of the secretary of state, within ten days after such adjournment, or become a law.

Lieutenant-Governor

§ 17. In case of death, conviction on impeachment, failure to qualify, resignation, absence from the State, or other disability of the governor, the powers, duties, the emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant-governor.

5 18. The lieutenant-governor shall be president of the senate, and shall Tote only when ihe senate is equally divided. The senate shall ctioose a president, />-o tempore, to preside in case of the absence or impeachment of the lieutenant-governor, or when he shall hold the office of governor.

\ ig. If there be no lieutenant-governor, or if the lieutenant-governor shall, for any of the causes specified in J 17 of this article, become incapable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled or the disability removed ; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upoa the speaker of the house of representatives.

Other State Officers

\ 20. If the office of auditor of public accounts, treasurer, secretary of State, attorney general, or superintendent of public instruction shall be vacated by death, resignation or otherw ise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. An account shall be kept by the officers of the executive department, and of all the public institutions of the State, of all moneys received or disbursed by them, severally, from all sources, and for every service performed, and a semiannual report thereof be made to the governor, under oath ; and any officer who makes a false report shall be guilty of perjury, and punished accordingly.

^21. The officers of the executive department, and of all the public institutions of the Stale, 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 the defects in the constitution and laws ; and the governor may at any time require information, in writing, under oath, from the officers of the executive department, and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.

The Seal Of State

J 22. There shall be a seal of the State, which shall be called the '' Grsat seal of the Stale of Illinois," which shall be kept by the secretaiy of State, and used by him, officially, as directed by law.

Fees And Salaries

? 23. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be increased or diminished during their official terms, and they ahall not, after the expiration of the terms of those in office at the adoption of this constitution, receive to their own use any fees, costs, perquisites of office, or other compensation. And all fees that may hereafter be payable by law for any service performed by any officer provided for in this article of the constitution, shall be paid in advance into the State treasury.

Definition And Oath Of Office

\ 24. An office is a public position created by the constitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor elected or appointed. An eniployment is an agency, for a temporary purpose, which ceases when that purpose is accomplished.

J 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 maybe) that I will support the constitution of the Unted Statei, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office (rf ~ - ^-~- according to the best of my ability.

Article Vi Judicial Department

Judic'al Powers of Courts. Seven Supreme Judges - Four Decide. Qualifications of a Supreme Judj^e. Terms of the Supreme Court, Three Grand Divisions - ^Seven Districts. Election of Supreme Judges. Salaries of the Supreme Judges. Appeals and Writs of Error. Appointment of Reporter. " Clert* 5 of the Supreme Court. Appellate Courts Authorized, Jurisdiction of Circuit Courts. Formation of Judicial Circuits, Time of holding Circuit Courts. Circuitsxontaining Four Judges. Salaries of the Circuit Judges, Qualification of Judges or Commissioners.

County Judges - County Clerks. Appeals from County Courts, Probate Courts Authorized, Justices of the Peace and Constables. State's Attorney in each County. Cook County Courts of Record. Chief Justice - Power of Judges. Salaries of the Judges, Criminal Court of Cook County. Clerks of Cook County Court. Justices in Chicago, Uniformity in the Courts. Removal of any Judge. Judges to make Written Reports. Terms of Office - Filling Vacancies. Proce ss - Prosecutions - Population.

I I. The judicial powers, except as in this article is otherwise provided, shall be vested in one supreme court, circuit courts, county courts, justices of the peace, police magistrates, and in such courts as may be created by law in and for cities and incorporated towns.

Supreme Court

? 2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in mandamus, and habeas corpus, and appellate jurisdiction in all other cases. One of said judges shall be chief justice ; four shall constitute a quorum, and the concurrence of four shall be necessary to every decision.

\ 3. No person shall be eligible to the office of judge of the supreme court unless he shall, be at least 30 years of age, and a citizen of the United States, nor unless he shall have resided in the State five years next preceding his election, and be a resident of the district in which he shall be elected.

\ 4. Terms of the supreme court shall continue to be held in the present grand divisions at the several places now provided for holding the same ; and until otherwise provided by law, one or mure terms of said court shall be held, for the northern division, in the city of Chicago, each year, at such times as said court may appoint, whenever said city or the county of Cook shall provide appropriate rooms therefor, and the use of a suitable library, without expense to the State. The judicial divisions may be altered, increased or diminished in number, and the times and places of holding said court may be changed by law.

\ 5. TThe present grand divisions shall be preserved, and be denominated Sauthern, Centr.-il and Northern, until otherwise provided by law. The State shall be divided into seven districts for the election of judges, and until otherwise provided by law, they shall be as follows :

First District. - The counties of St. Clair, Clinton, Washington, Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac.

Second District. - The counties of Madison, Bond, Marion, Clay, Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoun and Christian.

Third District. - The counties of Sangamon, Macon, Logan, De Witte, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie, and Tazewell.

Fifth District. - The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, J^asalle, Grundy and Woodford.

Sixth District. - The counties of Whiteside, Carroll, Jo Daviess, Stephenson, Winnebago, Boone, MeHenry, Kane, Kendall, De Ka!b, Lee, Ogle and Rock Island.

The boundaries of the districts may be changed at the session of the general assembly next preceding the election for judges herein, 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 will be composed of contiguous counties, in as nearly compact form as circumstances will permit. The alteration of the districts shall not affect the tenure of office of any judge.

^ 6. At the time of voting on the adoption of this constitution, one judge of the supreme court shall be elected by the electors thereof, in each of said districts numbered two, three, six, and seven, who shall hold his office for the term of nine years from the first Monday of June, in the year of our Lord 1870. The term of office of judges of the supreme court, elected after the adoption of this constitution, shall be nine years ; and on the first Monday of June of the year in which the term of any of the judges in office at the adoption of this constitution, or of the judges then elected, shall expire, and every nine years thereafter, there shall be an election for the successor or successors of such judges, in the respective districts wherein the term of such judges shall expire. The chief justice shall continue to act as such until the expiration of the term for which he was elected, after which the judges shall choose one of their number chief justice.

J 7. From and after the adoption of this constitution, the judges of the supreme court shall each receive a salary of ;?4,ooo per annum, payable quarterly, until otherwise provided by law. And aft?r said salaries shall be fixed by law, the salaries of the judges in office shall not be increased or diminished during the terms for which said judges have been elected.

^ 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.

J 9. The supreme court shall appoint one reporter of its decisions, who shall hold his office for six years, subject to removal by the court.

^ 10. At the time of the election for representatives in the general a.ssembly, happening next preceding the expiration of the terms of office of the present clerks of said cou t, 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

§ II. After the year of onr Lord 1874, 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 a franchise, or freehold, or the validity of a statute is involved, and in such other cases as may be provided by law. Such appellate courts shall be held by such 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 casej decided by him; nor shall ='"''^ ii./4(i« m^oiye any additional compensation for such services.

Circuit Courts

§ 12. The circuit courts shall have ori'jinal jurisdiction of .lU causes in law and equity, and such appellate jurisdiction as is or miy be provided by law, and shall hold two oi* more terms each year in every county. The terms of office of judges of circuit courts shall be six years.

?'I3- The State, exclusive of the county of Cook and other countie; having a population of 100,000, shjvll hi divided into judicial circuits, prior to the expiration of the terms of office of the present judges of the circuit courts. Such circuits shall be formed of contiguous counties, in as nearly compact form and as nearly equal as circumstances will permit, having due regard to business, territory and population, and shall not exceed in number one circuit for every 100,000 of population in the State. One judge shall be elected for each of said circuits by the electors thereof. New circuits may be formed and the boundaries of circuits changed by the general assembly, at its session next preceding the election for circuit judges, but at no other time : Provided, that the circuits may be equalized or changed at the first session of the general assembly, after the adoption of this constitution. The creation alteration or change of any circuit shall not affiict the tenure of office of any judge. Whenever the - business of the circuit court of any one, or of two or more contiguous counties containing a population exceeding 50,000, shall occupy nine months of the year, the general assembly may make of such county, or counties, a separate circuit. Whenever additional circuits ere created, the foregoing limitations shall be observed.

\ 14. The general assembly shall provide for the times of holding courts in each county - which shall not be changed, except by the general assembly next preceding the general election for judges of said courts; but additional terms may be provided for in any county. The election for judges of the circuit courts shall be -held on the first Monday of June, in the year of our Lord 1873, and every six years thereafter.

\ 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 13 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 manner as may be provided by law.

\ 16 From and after the adoption of this constitution, judges of the circuit courts shall receive a salary of ^3,000 per annum, payable quarterly, until otherwise provided by law. And after their salaries shall be fixed by law, they shall not be increased or diminished during the terms for which said judges shall be, respectively, electea; and from aud 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 othei than judicial duties to which may belong any emoluments.

I 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 leist 25 years of age, and a citizen of the United States, nor unless he shall have resided in this State five years next preceding his election, and be a resident of the circuit, county, city, cities, or incorporated town in which he shall be elected.

County Courts

\ 18. There shall be elected in and for each county, one county judge and one clerk of the county court, whose terms of office shall be four years. But the general assembly may create districts of two or more contiguous counties, in each of which shall be elected one judge, who shall take the place of, and exercise the powers and jurisdiction of county judges in such districts. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate; settlement of estates of deceased persons; appointment of guardians and conservators, and settlements of their accounts ; in all matters relating to apprentices ; and in proceedings for the collection of taxes and assessments, and such other jurisdiction as may be provided for by general law.

\ 20. The general assembly may provide for the establishment of- a probate court in each county having a population of over 50,000, and for the election of a judge thereof, whose term of office shall be the same as that of the county judge, and who shall be elected at the same time and in the same manner. Said courts, when established, shall have original jurisdiction of all probate matters, the settlement of estates of deceased persons, the appointment of guardians and conservators, and settlement of their accounts ; in all matters relating to apprentices, and in cases of the sales of real estate of deceased persons for the payment of debts.

Justices Of The Peace And Constables

^21. Justices of the peace, police magistrates, and constables shall be elected in and for such districts as are, or may be, provided by law, and the jurisdiction of such justices of the peace and police magistrates shall be uniform.

State'S Attorneys

\ 22. At the election for members of the general assembly in the year of our Lord 1872. and every four years thereafter, there shall be elected a State's attorney in and for each county, in lieu of the State's attorneys now provided by law, whose term of office shall be four years.

\ 23. The county of Cook shall be one judicial circuit. The circuit court of Cook county shall consist of five judges, until their number shall be increased, as herein provided. The present judge of tbe recorder's court of the city of Chicago, and the present judge of the circuit court of Cook county^ shall be two of said judges, and shall remain in office for the terms for which they were respectively elected, and until their successors shall be elected and qualified. The superior court of Chicago shall be continued, and called the superior court of Cook county. The general assembly may increase the number of said judges by adding one to either of said courts for every additional 50,000 inhabitans in said county, over and above a population of 400,000. The terms of office of the judges of said courts hereafter elected, shall be six years.

\ 24. The judge having the shortest unexpired term shall be chief justice, of the court of which he is judge. In case there are two or more whose terms expire at the same time, it may be determined by lot which shall be chief justice. Any judge of either of said courts shall have all the powers of a circuit judge, and may hold the court of which he is a member. Each of them may hold a different branch thereof at the same time.

i 25. The judges of the superior and circuit courts, and the State's attorney, in said county, shall receive the same salaries, payable 'out of the State treasury, as is or may be paid from said treasury to the circuit judges and State's attorneys of the State, and such further compensation, to be paid by the county of Cook, as is or may be provided bv la w ; such compensation shall not be changed during their continuance in office. ^

\ 26. The recorder's court of the city of Chicago shall be continued, and shall be called the ''criminal court of Cook county." It shall have the jurisdiction of a circuit court, in all cases of criminal and quasi criminal nature, arising in the county of Cook, or that may be brought before said court pursuant to law ; and all recognizances and appeals taken in f-aid county, in criminal and quasi criminal cases shall be returnable and taken to said court. It shall have no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or quasi criminal matters, and to di-^pose of unfinished business. The terms of said criminal court of Cook county shall be held by one or more of the judges of the circuit or superior court of Cook county, as nearly as may be in alternation, as may be determined by said judges, or provided by law. Said judges shall be exroffioio judges of said court.

\ 2"]: The present clerk of the recorder's court of the city of Chicago, shall be the clerk of the "Criminal court of Cook county, during the term for which he was elected. The present cleiks 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 cUrk of the superior court, to be elected by the qua'ified electors of said county, who shall hold his office for the term of four years, and un'.il hij successor is elected and qualified.

§ 28. AU justices of the peace in the city of Chicago shall be appointed by the governor, by and with the advice and consent of the senate, (but only upon the recommendation of a mijority of the judges of the circuit, superior and county courts,) and for such districti as are novf or shall hereafter be provided by law. They shall hold their offices for four years, and until their successors have been commissioned and qualified, but they may be removed by summary proceedings in the circuit or superior court, for extortion or other malfeasance. Exisiing justices of the peace and police magistrates may hold their offices until the expiration of their respective terms,

General Provisions

? 29. All judicial officers shall be commissioned by the governor. All laws relating to cour s 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 utiiform.

§ 30. The general assembly may, for cause entered on the journals, upon due notice and opportunity of defense, remove from office any judge, upon concurrence of three-fourths of all the members elected, of each house. All other officers in this article nientioned, shall be removed from office on prosecution and final conviction, for misdemeanor in ofSje.

§ 31. All judges of courts of record, inferior to the supreme court, shall, on or before the first day ol June, of each year, report in writing to the judges of the supreme court, such defects and omissions in the laws as their experience may suggest ; and the judges of the supreme court shall, on or before the first day of January of each year, report in writing to the governor such defects and omissions in the constitution and laws as they may find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws. And the judges of the several circuit courts shall report to the next general assembly the number of days they have held court in the several counties composing their respective circuits, the preceding two years.

J 32. All officers provided for in this article shall hold their offices until their successors shall be qualified, and they shall, respeciively, 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. AU officers, where not otherwise provided for in this article, shall perform such duties and receive such compensation as is or may be provided by law. Vacancies in such elective offices shall be filled by election ; but where the unexpired term does not exceed one year, the vacancy shall be filled by appointment, as follows: Of judges, by the governor; of clerks of courts, by the court to which the office appertains, or by the judge or judges thereof; and of all such other officers, by the board of supervisors or board of county commissioners in the county where the vacancy occurs.

§ 33. All jrocess shall run : In the name of the People of the State of Illinois : and all prosecutions shall be cirried 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. "Population," wherever used in this article, shall be determined by the next preceding census of this State, or of the United States.

Article Vii Suffrage

\ I. Every person having resided in this State one year, in the county 90 days, and in the election district 30 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 1848, or obtained a certificate of naturalization before any court of record in this State prior to the first day of January, in the year of our Lord 1870, or who shall be a male citizen of the United States, above the age of 21 years, shall be entitled to vote at such election.

\ 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attenSance at elections, and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of election, except in time of war or public danger.

\ 4. No elector shall be deemed to have lost his residence in this State by reason of his absence on business of the United States, or of this State, or in the military or naval service of the United States.

\ 5. No soldier, seaman or marine in the army or navy of the United States shall be deemed a resident of this State in consequence of being stationed therein.

g 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 Stales, and who shall not have resided in this State one year next preceding the election or appointment.

Education

\ I. The general assembly shall provide a thorough, and efficient system of free schools, whereby all childr«i of this State may receive a good common school education.

\ 2, All lands, nioneys, or other properties, donated, granted or received for school, college, seminary or university purposes, and the proceeds thereof, shall be faithfully applied to the objects for which such gifts or grants were made.

\ 3. Neither the general assembly nor any county, city, town, township, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church or sectarian purpose, or to help support or sustain any school, academy, seminary, college, university, or other literary or scientific institution,

% controlled by any church or sectarian denomination whatever ; nor shall ajjy grant or donation of land, money, or other personal property ever be made by the State or any suck public corporation, to any church, or for any sectarian purpose.

\ 4. No teacher. State, county, township, or district school officer shall be interested in the sale, proceeds or prifits of any bjol;, apparatus or furniture, used or to be used, in any school in this State, with which such officer or teacher may be connected, under such penalties as may be provided by the general assembly.

\ 5. 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 of office shall be prescribed by law.

Article Ix Revenue

\ I . The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property - such value to be ascertained by some person at 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, commis'-ion 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 gener.al law, uniform as to the class upon which it operates.

\ 2. The specification of the objects and subjects of taxation shall not deprive the general of the power to require other subjects or objects to be taxed in such a manner as may lite consistent wi'h the principles of taxation fixed in this constitution.

\ 3. The properties of the State, counties and other municipal corporations, both real and personal, and such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation ; but such exemption shall be only by general law. In the assessment of real estate encumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such properly.

\ 4. The general assembly shall provide, in all cases where it may be necessary to sell real estate for the non-payment of taxes or special assessments for State, county, municipal or other purposes, that a return of such unpaid taxes or assessments shall be to some general officer of the county having authority to receive State and county taxes ; and there shall be no sale of said property for any of said taxes or assessments but by said officer, upon the order or judgment of some court of record.

\ 5. The right of redemption from all sales of real estate for the non-payment of taxes or special assessments of any character whatever, shall exist in favor of owners and persons interested in such real estate, for a period of not less than two years from such sales thereof. And the general assembly shall provide by law for reasonable notice to be given to the owners or parties interested, by publication or otherwise, of the fact of the sale of the property for such taxes or assessments, and when the time of redemption shall expire ; Provided, that occupants shall in all cases be served with personal notice before the time of redemption expires.

\ 6. The general assembly shall have no power to release or discharge any county, city, township, town pr district whatever, or the inh.-ibitanls 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.

I 8. County authorities shall never assess taxes the aggregate of which shall exceed 75 cents per ;?ioo valuation, except for the payment of indebtedness existing at the adoption of this constitution, unless authorized by a vote of the people of the county,

\ 9. The general assembly may vest the corporate authorities of cities, towns, villages, with power to make local improvements by special assessment or by special taxation of contiguous property or otherwise. For all other corporate purposes, 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, with the jurisdiction of the body i/nposing the same.

^10. The general assembly sh.ill 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 limite of municipal corporations shall be taxed for the payment of debts contracted under authority of law, such taxes to be uniform in respect to persons and property, within the jurisdiction of the body imposing the same. Private property shall not be liable to be trken or sold for the payment of the corporate debts of a municipal corporation.

§ 1 1 . No person who is in default, as a collector or custodian of money or property belongin; 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.

g 12. No county, city, township, school district, or other municipal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding five per centum on the value of the taxable property therein, to be ascertained by the la-t assessment for State and county taxes, previous to the incurring of such indebtedness. Any county, city, school district, or other municipal corporation, incurring any indebtedness as aforesaid, shall before, or at the time of doing so, provide for the collection of a direct annual tax sufficient to pay the interest on such debt as it flails due, and also to pay and discharge the principal thereof within twenty years from the time of contracting the same. This section shall not be construed to prevent any county, city, township, school district^ or other municipal corporation from issuing theii bonds in compliance with any vote of the people which may have been had prior to thv adopdon of this constitution in pursuance of any U>v providing therefor.

Formation of New Counties. Division of any County. Territ ry stricken from a County, Removal of a County Seat. Method of County Government. Board of Co nty Commissioners. County affairs in Cu.jk County.

I I. No new county shall be formed or established by the general assembly, which will reduce the county or counties, or either of them, from which it shall be taken, to less contents than 400 square miles;' nor shall any county be formed of less contents ; nor shall any line thereof pass within less than ten miles of any county seat of the county, or counties proposed to be divided.

§ 2. No couiiw shall be divided, or have any part stricjcen therefrom, vpithout submitting the question to"a vote of the people of the county, nor unless a majority of all the legal voters of the county, voting on the question, shall vote for the same.

? 3. There shall be no territory stricken from any county, unless a majority of the voters living in such territory shall petition for such division; and no territory shall be added to any county without the consent of the majority of the voters of the county to which it is proposed to be added. But the portion so stricken off and added to another county, or formed in whole or in part into a new county, shall be holden for, and ob.iged to pay its proportion of indebtedness of the county from which it has been taken.

County Seats

? 4. No county seat shall be removed until the point to which it is proposed to be removed shall be fixed in pursuance uf law, and three-fifths of the voters of the county, to be ascertained in such-manner as shall be provided by general law, shall have voted in favor of its removal to such point ; and no person shall vote on such question who has not resided in the county six months, and in the election precinct ninety days next preceding such election. The question of ttie removal of a county seat shall not be oftener submitted than once in ten years, to a vote of the people. But when an attempt is made to remove the county seat to a point nearer to the centre of a county, then a majority vote only shall be necessary.

County Government

I 5. The gesieral assembly shall provide, by general law, for township organization, under which any codhty may organize whenever a majority ol the legal voters of such county, voting at any4|eneral election, shall so determine, and whenever any county shall adopt township organization, so much of this constitution as provides for the management of the fiscal concerns<(of the said county by the board of county commissioners, may be dispensed with, and the affairs of said county miy be transacted in such raannef as the general assembly may provide.. And in any county that shall have adopted a township organization, the question of continuing the same may be submitted to a vote of the electors of such county, at a general election, in the manner that now is or may be provided by law ; and if a majority of all the votes cast upon that question shall be against township organization, then such organization shall cease in said county; and all laws in force in relation to counties not having township organization, shall immedi itely 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.

J 6. At the first election of county judges under this constitution, there shall be elected in each of the counties in this State, not under township organization, three officers, who shall be styled ' The board of county commissioners," who shall hold sessions for the transaction of county busiiiess 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 terra of three years.

^ 7. The county affairs of Cook county shall be managed by a board of commissioners of fifteen persons, ten of whom shall be elected from the city ot Chicago, and five from towns outside of said city, in such manner as may be provided by law.

§ 8. In each county there shall be elected the following county officers : County judge, shi.riff, county clerk, clerk of the circuit court, (who may be ex-officio recorder of deeds, except in counties having 60,000 and more inhabitants, in which counties a recorder of deeds shall be electfed at the general election in the year of our Lord 1872,) treasurer, surveyor, and coroner, each of whom shall enter upon the duties of his office, respectively, on the first Monday of December after their election; and they shall hold their respective offices for the term of four years, except the treasurer, sheriff and coroner, who shall hold their office for two years, and until their successors shall be elected and qualified.

§ 9. The clerks of all the courts of record, the treasurer, sheriff, coroner and recorder of deeds of Cook county, shall receive as their only compensation for their services, salaries to be fixed by law, which shall in no case be as much as the lawful compensation of ajudge of the circuit courc of said county, and shall be paid, respectively, only out of the fees of the office actually collected. All fees, perquisites and emolflments (above the amount of said salaries) shall be paid into the coimty 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.

I 10. The county board, except as provided in ^9 of this article, shall fix the compensation of all county officers, with the amount of their necessary clerk hire, stationery, fuel and other expenses, and in all cases where fees are provided for, said compensation shall be ])aid only out of, and shall in no instance exceed, the fees actually collected ; they shall not allow either of them more per annum than ^1,500, in counties not exceeding 20,000 inhabitants ; JS2,ooo in counties containing 20,000 and not exceeding 30,000 inhabitants ; $2,500 in countie-i containing 30,000 and not exceeding 50,000 inhabitants; $3,000 in counties containing 50,000 and not exceeding 70,000 inhabitants; £3,500 in counties containing 70,000 and not exceeding 100,000 inhabitants ; and $4 000 in counties containing over 100,000 and not exceeding 250.000 inhabitants ; and not more than $i,ooo additional compensation for each additional 100,000 inhabitants : Provided, that the compensation of no officer shall be increased or diminished during his term of office. All fees or allowances by them received, in excess of their said -compensation, shall be paid into the county treasury.

I II. The fees of township officers,*and of each class of county officers, shall be uniform in the class of counties to which they respectively belong. The compensation herein provided for shall apply only to officers hereafter elected, but all fees established by special laws shall cease at the adoption of this constitution, and such officers shall receive only such fees as are provided by general law.

§ 12. All laws fixing the fees of State, county and township officers, shall terminate with the terms, respectively, of those who may be in office at the meeting of the first general assembly after the adoption of this constitution; and the general assembly shall, by general law, uniform in its operation, provide for and regulate the fees of said officers and their successors, so as to reduce the same to a reasonable compensation for services actually rendered. But the general assembly may, by general law, classify the counties by population into not more than three classes, and regulate the fees according to class. This article shall not be construed as depriving the general assembly of the power to reduce the fees of existing officers.

^ 13. Every person who is elected or -appointed to any office in this State, who shall be paid in whole or in part by fees, shall be required by law to make a semi-annual report, under oath to some officer to be designated by law, of all his fees and emoluments.

Article Xi

rstablisheH cnlyby General Laws. Existing Charters - How Forteited.' 3. Klectiou of Di<ectors or Manag rs. ' 4. Construction of S. res. t Railroads.

5. State Bank For lidden - Gent ral Law. I 6. Liability of Banlc -tockho der. ' 7. S spensio 1 ot Specie Payment. " Ox a General Backing Law.

§ I. No corporation shall be created by special laws, or its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purpose'*, which are to be and rem tin under the patronage and control of the State, but the general assembly shall provide, by general law, for the organization of all corp jrations hereafter to be created.

I 2. All existing charters or grants of special or exclusive privileges, under which organization .shall not have taken place, or which shall not have been in operation within ten days from the time this constitution takes effect, shall thereafter have no validity or effjct wh itever.

^ 3. The general assembly shall provide, by law, that in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock, shall equal, or to distribute them on the same principle among as many candidates as he shall think fit; and such directors or managers shall not be elected in any other manner.

§ 4. No laws shall be passed by the general assembly, granting the right to construct and operate a street railroad within any city, town, or incorporated village, without requiring the consent of the local authorities having the control of the street or highway proposed to be occupied by such street railroad.

§ 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, i.ow created, or to be hereafter created. No act of the general assembly authorizing or creating corporations or asssociations, with banking powers, whether of issue, deposit or discount, nor amendments thereto, shall go into effect or in any manner be in force unless the same shall be submitted to a vote of the people at the general election next succeeding the passage of the same, and be approved by a majority of all the votes cast at such election for or against such law.

J 5. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such a stockholder.

§ 7. The suspension of specie paym^.l^'ts by banking .institutions, or their circulation, created by the laws of this State, shall never be permitted or sanctioned. Every banking association now, or which may hereafter be, organized under the the laws of this State, shall make and publish a full and accurate quarterly statement of its affairs, (which shall be certified to, under oath, by one or more of its officers,) as may be provided by law.

I 8. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of state, of all bills or paper credit, designed to circulate as money, and require security, to the full amount thereof, to be deposited with the State treasurer, in United States or Illinois State stocks, to be rated at ten per cent, below their par value; and in case of a depreciation of said stocks to the amount of ten per cent, below par, the bank or banks owning said stocks shall be required to make up said deficiency, by depositing additional stocks. And said law shall also provide for the recording of the names of alt stockholders in such corporations, the amount of stock held by each, the time of any transfer thereof, and to whom such transfer is made.

I 9. Every railroad corporation organized or doing business in this State, under the laws or authority thereof, shall have and maintain a public office or place in this State frr the transaction of its business, where transfers of stock shall be made, and in which shall be kept for public inspection, books, in which shall be recorded the amount of capital stock subscribed, and by whom ; the names of the owners of stock and amount by them respectively, the amount of stock paid in and by whom, the transfers of said stock ; the amount of its assets and liabilities, and the names and place of 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.

g 10. The rolling stock, and all other movable property belonging to any railroad company or corporation in this State, shall be considered personal property, and shall be liable to execution and sale in the same manner as the personal property of individuals, and the general assembly shall pass no law exempting any such property^from execution and sale.

g 1 1 . No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line ; and in no case shall any consolidation take place except upon public notice given, of at least sixty days, to all stockholders, in such manner as may be provided by law. A majority of the directors of any railroad corporation, now incorporated or hereafter to be incorporated by the laws of the State, shall be citizens and residents of this State.

§ 12. Railways heretofore ccnstructed, or that may hereafter be constructed in this State, are hereby declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law. And the general assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State.

g 13. No railroad corporation shall issue any stock or bonds, except for money, labor or property, actually received, Dnd applied 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 shall be increased for any purpose, except upon giving sixty days' public notice, in such manner as may be provided by law.

§ 14. The exercise of the power, and the right of eminent domain shall never be so construed or abridged as to prevent the taking, by the' general assembly, of the property and franchises of incorporated companies already organized, and subjecting them to the public 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.

I 1$. The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on different railroads in this State, and enforce such laws, by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises.

Article Xii Militia

i I. The militia of the State of Illinois shall consist of all able-bodied male persons, resident in the State between the ages of eighteen and forty-five, except such persons as now are or hereafter may be, exempted by the laws of the United States, or of ihts State.

Constitution Of The United States

We, the people of the United States, in order to form a more perfect Union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty lo ourselves and bur posterily, do Ordain and establish this Constitution for the United States of America.

Section, i. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Section 2. The House of Representatives shall be composed of members chosen every second year by the people of the several States, and the electors in each State shall have the qualifications requisite forelectors of the most numerous branch of the State Legislature.

No person shall be a Representative who shall not have attained to the age qf twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen.

Itepresentatives and direct taxes sbaU be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United btates, and within every subsequent term often years, in such manner as they shall by law direct. The nuraberof Representatives shall not exceed one for every thirty thousand, but each State shall have at least one Representative ; and until such enumeration shall be made, the State of New Hamphsire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providi nee Plantations one, Connecticut five. New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia, ten. North Carolina five, and .Georgia three.

, When vacancies happen in the representation from any State, the Executive authority thereof shall issue writs of election to fill such vacancies.

Section 3. The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six years ; and each Senator shall have one vote.

Immediately after they shall be assembled in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the Senators of the first class shsill be vacated at the expiration of the second year, of the second class at the expiratioii of the fourth year, and of the third class at the expiration of the sixth year, so that onethird may be chosen every second year; and if vacancies happen by resignation, or otherwise, during the recess of the Legislature of any State, the Executive thereof may make temporary appointments until the next meetmg of the Legislature, which shall then fill such vacancies. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen.

The Senate shall choose their other officers, and also a President pro tempore, in the absence of the Vice President, or when he shall exercise the office of President of the United States.

The Senate shall have the sole power to try all impeachments. When sitting for that purpose they shall he on oath or affirmation. When the President of the United States is tried, the Chief Justice shall preside. And no person shall be convicted without the concurrence of two-thirds of the members present.

Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any ofiice of honor, trust or profit under the United States : but the party convicted shall nevertheless be liable and subject to indictment, trial, judgment and punishment according to law.

Section 4. The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by law, make or alter such regulations, except as to the places of choosing Senators.

The Congress shall assemble at least once in every year, and such meeting shall be on the- first Monday in-December, unless they shall by law appoint a different day.

Section 5. Each house shall be the judge of the election, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business ; but a smaller nilmber may adjoirn from day to day, and may be authorized to compel the attendance of absent members in such manner, and under such penalties as each house may provide.

Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, and, with the concurrence of two-thirds, expel a member.

Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal. - _

Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be silting.

Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the Treasuiy of the United States. 'I'hey shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective bouses, and in going lo and returning from the same ; and for any speech or debate in either house they shall not be questioned in any other- place. ' -

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, 'which shall have been created, or the emoluments whereof shall have beec increased during such time ; and no person

Section 7. All bills for raising revenue shall originate in the House of Represewtalives ; but the Senate may propose or concur with amendments as on other bills.. ^-

Every bill which shall have passed the House of Representatives antfth'e SenSe, shall,, before it becomes a law, be presented lo the President of the United States; if.hfe approve he shall sign it, but if not he shall return it with his objections to that house in '*R6ich it shall have originated, who shall enter the objections at large on their journal, and /proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by wlifch it sliall likewise be reconsidered, and if approved by two-thirds of that House, iflihyil become a law. But in all such cases the votes of both houses shall be determined bj^^eas and nays, and the names of the persons voting for and against the bill shall be entereiiTon the journal of each house respectively. If any bill shall not be returned by the President iMhin ten days - (Sundays excepted), after it shall have been presented to him, the same shaJKbe a law, in like manner as if he had signed it, unless the Congress by Iheir adjoummrot prevent its return, in which case it shall not be a law. »-

Every order, resolution or vote to which the concurrence of the Senate and Housfeof Rep- ^ resentatives may be necessary (except on a question of adjournment), shall be presented to the President of the United States ; and before the same shall take effect, shall be approved by him, or being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to ttie rules and limitations prescribed iti the case of a bill.

To lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States ;

To promote the progress of science and useful arts, by securing for limited limes to authors and inventors the exclusive right to their respective writings and discoveries -

To provide for organizing, arming and disciplining themilitia, and for governing such part of them as may be etnployed in the service of the United States, reserving to the States, respectively the appointment of the officers, and the authority of training the milita-according to the discipline prescribed by Congress. .

To exercise legislation in all cases whatsoever, over such district (not exceeding ten miles square), as may by the cession of particular States and the acceptance of Congre«, become the seat of the government of the United States, and to exercise like authority overall places / purchased by the consent of the Legislature of the State in which the same shall be, lor the erection of forts, magazines, arsenals, dock-yards and other needful buildings; - and'

To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. '* ' ,

Section 9. The migration or importation of such persons as any of the Slates now exist- ': ing shall think proper to admit, shall not be prohibited by the Congress prior to the yearV" one thousand eight hundred and eight, but a tax or duty may be imposed on such importa-' tion, not exceedmg ten dollars for each persons. '

The privileges of the writ of habeas corpus shall not be suspended, unless when in casi of rebellion or invasion the public safety may require it.

No capitation or other direct tax shall be laid unless in proportion to the census, or enu-'^;.^ meration herein before directed to be taken. i -'J

^ No preference shall be given by any regulation of commerce or revenue to the ports of ofee- State over those of another; nor shall vessels bound to, or from one State, be obliged; to i 1 enter, clear, or pay duties in another.

No money shall be drawn from the Treasury, but in consequence of appropiiaiions made by law; and a regular statdnent and account of the receipts and expenditujes of all publici money shall be published from time to time. ' ;i

No title of nobility shall be granted by the United States; and no person holding anj; office of profit or trust under them, shall without the consent of the Congress, accgBtb? any present, emolument, ofiice, or title, of any kind whatever, -from aiiy king princ^p forei^R Slate. ^i ' "

Section 10. No Slate shall enter into any treaty, alliance, or confederation; J^tWfeiR' of marque or reprisal ; coin money : emit bil!s of credit ; make anything but go^HjjptT* coin a tender in payment of debts ; pass any bill of attainder,ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.

No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws, and the net produce of all duties and imposts laid by any State on imports or exports, shall be for the use of the Trea'sury of the United States ; and all such laws shall be subject to the revision and control of the Congress.

No State shall, without the consent of Congress, lay any duty on tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another State, or with a foreign power,, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delay.

Section i. The Executive power shall be vested in a President of the_ United States of America. He shall hoM his office during the term of four years, and, together with the "Vice President chosen for the same term, be elected as follows :

Each State shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress ; but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

[*The electors shall m eet in their respective States and vote by ballot for two persons, of whom one at' least shall not be an inhabitant of the same State with themselves. And they shall make a list of all persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit, sealed to the seat of the government of the United States directed to the President of the Senate. The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed ; and if there be more than one who haVe such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President ; and \f no person have a majority, then from the five highest on the list the said House shall in like manner choose the President. But in choosing the President, the vote shall be taken by States, the representation from each State having one vote ; a quorum for this purpose, shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary ^to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President. But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President.]

The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which day shall be the same throughout the United States.

No pesron except a natural born citizen, or a citizen of the United States at the time of the adoption of this Constitution, shall be eligible to the office of President ; neither shall any person be eligible to that office who shall not have attained the age of thirty-five years, and been fourteen years a resident within the United States.

In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation, or inability, both of the President and Vice President, declaring what officer shall then act as President, and. such officer shall act accordingly, until the disability be removed, or a President shall be elected.

The President shall, at stated times, receive for his services a compensation which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

" I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will, to the best of ray ability, preserve, protect, and defend the Constitution of the United States."

Section 2. The President shall be commander-in-chief of the army and navy of- the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the Executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offences against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two-thirds of the Senators present concur ; and he shall nominate, and by and with the advice of the Senate, shall -appoint ambassadors, ohter public ministers and consuls, judges of the Supreme Court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law ; but the Congress may by law vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting comniissions which shall expire at the end of their next sessions.

Section 3. He shall from time to time give to the Congress information of the state of the Union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper ; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

S'ECTioN 4. The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors.

Section f.. The judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as the Congress may from time to time o'dain and establish. The judges, both of the Supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their Services a compensation, which shall not be diminished during their continuance in office.

Section 2. The judicial power shall extend to all cases, in law and equity, arising under this Consritution, the laws of the United States, and treaties made, or which shall be made, under their authority ; - to all cases affecting ambassadors, other public ministers, and ConSuli; - to all cases of admiralty and maritime jurisdiction; - to controversies to which itie United States shall be a party; - to controversies between two or more States; - between a State and citizens of another State ; - between citizens of different States ; - ^between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign States, citizens or subjects'.

In all cases affecting ambassadors, other public ministers and ccnsuls, and those in which a State shall be a party, the Supreme Court shall have original jurisdiction.

In all the other cases before mentioned, the Supreme Court shall have appellate jurisi=Xhis clause within brackets has been superceded and annulled by the xzth amendment.

The trial of all crimes, except in cases of impe£{chment, shall be by jury; and such trial shall be held in the State where the said crimes shall have been committed; but when not committed within any State, the trial shall be at such place or places as the Congress may by law have directed.

Section 3. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court. '

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. ' '

Article Iv

Section i. Full faith and credit shall be given in each State to the public acts, records and judicial proceedings of every other State. And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved and the effect thereof.

A person charged in any State with treason, felony or other crime, who shall flee from justice, and be found in another State, shall on demand of the Executive authority of the State from which he fled, be dehvered up', to be removed to the State having jurisdiction of the crime.

No person held to service or labor in one State, under the laws thereof, escaping into aiiOther, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on the claim of the party to whom such service or labor may be due.

Section 3. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State : nor any State be formed by the junction of two or more States, or parts of States, without the consent of the Legislatures of the States concerned, as well as of the Congress.

The Congress shall have power to dispose of and make all needfnl rules and regulations respecting the territory or othei property belonging to the United States ; and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State.

Section 4. The United States shall guarantee to every State in this Union a Republican form of government, and shall protect each of them against invasion, and on application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic violence.

The Congress, whenever two-thirds of both Houses shall deem it necessary, shall propose amendments to this Constitution, or, on the application of the Legislatures of two-thirds of the several States, shall call a convention for proposing amendments, which, in either case, shall be valid to all intents and purposes, as part of this Constitution, when ratified by the Legislatures of three-fourths of the several States, or by conventions in three-fourths thereof as the one or the other mode of ratification may be proposed by the Cotigress. Provided that no amendment which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no State, without its consent, shall be deprived of its equal suffrage in the Senate.

All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.

This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made, under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all Executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation, to support this Constitution ; but no religious test shall ever be required as a qualification to any office or public trust under the United States.

The ratification of the Conventions of nine States shall be sufficient for the establishment of this Constitution between the States so ratifying the same.

Done in Conventiou by the unanimous consent of the States present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the Independence of the United States of America, the twelfth. In Witness Whereof, We have hereunto subscribed our names.