Bond Township (part 1 of 2)

Lawrence Co

HIS township is bounded on the north by Crawford county, on the east by Russ'ell, south by Lawrence, %nd west by Petty townships, and comprises portions of Con- ; gressioual townships 4-11, 4-12, and 5-11, 5-12. The j surface in the northwest is somewhat elevated and broken, and was at the time of the first settlements covered with scattering trees, and occasional patches of timber. On both sides of Brushy Fork, near the centre of the township, lies Lackey's Prairie. On the west, along the Embarras river, there is a considerable amount of bottom land heavily covered with timber. Brushy Fork and the Embarras are the main sources of drainage.

The earliest settlement in the township was made in j the neighborhood of Pinkstaff station, about the year | 1815, by Tennesseans. Adam Lackey, Sr., a Revolutionary soldier, came to Lawrence county in 1813, and -went into Fort Allison. He had three children, Adam, Jr., Elizabeth and John, an infant of two years. At the return of peace and the cessation of Indian hostilities, he moved to the N. E. i of the S. E J of section 5, T. 4, R. 11, and there settled permanently and died. His j sons, Adam, Jr., and John, married and settled in the vicinity, and have a number of representatives in the county. About this time, three brothers, William,

John and David McCord, with families sought homes in the same vicinity. They first settled on the N. E. quarter of the N. W. quarter of section 5, T. 4, R. 11. John and David located at what is now Pinkstaff station. A negro settlement was begun in the township, sections 8 and 9, T. 4, R. 11, in the year 1815 or '16. Lion and John Morris settled respectively on the N. E. quarter and the S. E. quarter of section 8, which they entered in 1816. In 1817 Joshua Anderson settled on the If. E. quarter of section 9. Elihu Cole, Obed Goings, John Porter and Matthew Steward lived in the same settlement. The Morris' and the three brothers Anderson were in Fort Allison, and used to go scouting with the other occupants. The mother of the Morris', whose husband was killed by the Indians, expressed the revengeful and mirth-provoking desire, that a cannon be placed on Dubois Hill to exterminate the race who were the authors of her wrongs. The negro settlement has been pushed southward, and now lies mainly in Lawrence township. About the year 1819 a community of the sect known as Shakers, numbering about forty in all, was formed on the Embarras river, at what is now Charlotlesville, by immigrants from Shakertown, Knox county, Indiana, which, now extinct, was quite a village in 1821. The Shakers held their property in common, and transacted all business and financial matters through a board of trustees composed of three individuals. Daniel Rankin and A. Gallaher were members of the first board. William Douglas, George Legier and William Davis also occupied the position of trustees. On their arrival, in 1819, they built two houses, one for the men and another for the women, as the sexes lived apart from each other. The " Shaker Mill " soon followed, and was put in operation in the spring of 1820. It was a frame water-mill with one set of burrs, and was built on the west bank .of the river. The Shakers had operated it about two years, when the breaking of the milldam cast discouragement about them, and having leased \ the property to a man named Beecher, they abandoned their plan of founding a permanent settlement on the Embarras, and emigrated to Shakertown and other points.

The lessee operated the mill about two years, when, in 1824, it was purchased by Asahel Heath and his son Renick, who moved it across the river to the present site of Charlottesville, rebuilt it, added a set of burrs, | and operated it fifteen or eighteen years. It enjoyed an ! active existence till about ten years ago when it was abandoned. Some three or four years since it was washed away. At one time it was an important centre, and attracted custom from points fifty miles distant. Asahel Heath, formerly from Ohio, had lived two years in Indiana, prior to his arrival in the township in 1824.' He had a family of eight children, viz. : Renick, Randolph, Asahel, Jr., Felix, John, Catharine, Charlotte and Osborn. He was a soldier in the war of 1812, and held the commission of Major. He died in Crawford county. In 1827 Renick married Melinda Baker, with -whom he is still living in Russellville. She came to Indiana as a part of her father's family two days after the battle of Tippecauoe, and to Illinois in 1817. Mr. Heath was .a soldier in the Black Hawk war from Crawford county. One night while living at Shaker mill his slumbers were disturbed by ^he barking of a wolf which continued till day-break, when he took his gun and started on a tour of investigation. The wolf -wad jumping about and barking violently, and seemed not to notice a pursuer. Just then a panther leaped to the ground from a limb, and both animals made good their escape in opposite directions. Beneath the tree from which the panther leaped, was found the half devoured body of a coon, which was the probable " bone of | contention."

About the year 1818, William Childress from Tennes- | see, married Jane Howard, and settled in the N. E. | quarter of the N. W. quarter of section 5, T. 4, R. 11, where he settled permanently and died at the age of about seventy-five years. In this year Edward Mills married Prudence Howard and settled on the N. W. quarter of section 6, T. 4, R. 11. Near this time, John Dollahan, a Wesleyan Methodist minister, with a family | of some size, from Ohio, located permanently 011 the N. E. quarter of section 5, T. 4, R 11, where he planted an orchard and founded the earliest grave-yard in the | township. James Bryant, a Tennesseean, about 1819 or '20, married Mrs. Anderson, whose first husband's father was one of the earliest settlers in Allison Prairie, made his home in section 5, T. 4, R. 11. William Rankin, a carpenter, who first located near Lawrenceville, moved, with his wife and three children, David, James and Susan, and settled half a mile south of Charlottesville, about 1835. In 1826, Levi and John Lee, from Ohio, the former with two children, Sobrina and Abner, settled respectively on the N. W. quarter and the S. E. quarter of section 33, T. 5, R. 11. After a residence of five years the former moved to Jasper county. Samuel Pollard, in 1825, brought from Tennessee a family of children, Edward, William, Madison, Jackson and Susan, and settled on the Dollahan place. Madison was drowned on the Embarras at the Shaker mill. The other children married and settled in the county. In this year Aaron Bt ck, brother-in-law of John Dollahan, came from Ohio with a family of five or six children and settled on the N. E. quarter of section 25, T. 5, R. 11, where after a number of years he died. John Helvenstein settled in the Pinkstaff neighborhood, about 1825. He came from Kentucky with a family of two sons, Washington and Andrew, and several daughters. Wilson Price, a soldier of 1812, born in North Carolina, came to Bond township from Tennessee in 1827, and with his wife and four children, W. C , James A., Harriet A., and Mary J., settled on the S. E. quarter of section 2, T. 4, R. 12, where he resided permanently. He died in Lawrenceville in 1874 at the age of about ninetytwo years. The sons married and became permanent residents of the township and county. Silas Reed, with one daughter, Sarah, from Tennessee, in 1827, settled on theN. W. quarter of section 1, T. 4, R. 12. William Norris operated a cotton gin for some time from the year 1826 on the S. W. quarter of the S. W. quarter of section 4, tp. 4, range 11, to w):ich locality he had moved it from Allison prairie. Samuel Drake, an early settler with a family, made his home on the S. W. quarter of section 28, T. 5, R. 11. In 1828 came Edith Hunt, Allen G. McNece and Thomas Cook, from Tennessee. Mrs. Hunt had five children, Nancy, Sally, Perlina, George and Pollard. Her husband was shot for desertion in the war of 1812, and Wilson Price was one of the soldiers detailed for the execution. McNece and Cook were brothers-in-law and had families. William Mullen, also from Tennessee, with a family of six or seven children, settled in the township in 1830. The Mullens, Prices, Cooks and McNeces and Hunts were related, and formed a neighborhood in section 2, T. 4, R. 12 and section 35, T. 5, R. 12. In this neighborhood settled Edward and Jeremiah Taylor, young married men from Kentucky. Among the early settlers of the township were families named Prickey, Randolph and Nay.

The first house for school purposes was built of logs near the present Pinkstaff station about 1825, and remained in use some six years. Rev. John Dollahau

-was the first resident minister, and Asahel Heath the first justice of the paacs. The earliest land entries are as follows : February 5, 1816, Lion Morris entered the N. E. quarter of section 8, T. 1-11 ; February 22, 1816, John Morris the S. E. quarter of the same section ; September 30, 1816, A. Gallaher, the S. W. quarter of section 28, T. 5-11; October 31, 1818, Peter Price, the E. half of the S. E. quarter of section 33, T. 5-11 ; April 17, 1819, Robert A. Miller, the E. half of the If. W. quarter of section 28, township -5-11 ; June 10, 1819, Cornelius Vannarsdell, the southwest quarter of section 36, T. 5-11. The following is a list of supervisors with their terms of office: Robert Dollahan, 1857 ; Benjamin Rogers, resigned, and L. S. Highsmith for unexpired term, 18u8; Benjamin Rogers, Jr., 1858,1859; William M. Carlyle, 1861 ; Asahel Heath, resigned, and Robert Dollahan for unexpired term, 1862, 1863; j Aaron Clark, 1864 ; Asahel Heath, 1865 ; Aaron Clark, ! 1866, 1867 ; Robert J. Ford, 1868 to 1876 ; H. A. Waters, resigned, and W. H. Fritchey, for unexpired term, 1877, 1878 ; W. H. Miles, 1879; Robert J. Ford, 1880 ; William H. Miles, 1881 ; Robert J. Ford, chairman, 1882 ; John Bancroft, 1883. The oldest town is

Situated on the Embarras river. It was laid out by Asahel Heath, March 22, 1837, on the S. W. quarter of section 28, T. 5, R. 12 W., and surveyed and platted by Samuel Dunlap, county surveyor. Twenty-five years ago it contained two dry goods and two grocery stores, a blacksmith and a wagon shop, and a grist mill; which clothed it with the evidences of life and prosperity, while at present it is a mere waste.

Bird'S Station

Is a thrifty and thoroughly live town on the Wabash, St. Louis and Pacific Railroad, which extends north and south through the township. It was laid out on the N. W. quarter of the N. W. quarter of section 22, T. 5, R. 81, by John Bird, and on the southwest quarter of the j store and commenced selling groceries.

southwest quarter of section 29, same town and range by Felix Wampler, and surveyed and platted by J. B. Banefiel, county surveyor, and the plat was filed for record September 10, 1878. In this year Isaac W. Baldridge built the first house, a frame dwelling, at which he kept the post-office. W. H. Cochrane built a frame storehouse and sold the first goods in 1879. In 1881 Lindsay and Bristow put up a frame store and occupied it with a stock of drugs. The railroad company built a depot in 1882.

Present Business Pinkstaff Station

It was laid out by Owen Pinkstaff on the southwest quarter of section 8, T. 4, R. 11, and surveyed and platted by B. Benefiel, county surveyor February 23, 1877. T. J. Pinkstaff built a combined dwelling and store, and sold the first goods in 1878. He still continues in business, and is post-master. The post-office was established in 1877, and Alonzo Eaton was its first keeper.

Was laid out by George W. White on the S. W. quarter of section 8, T. 4, R. 11, in the spring of 1882. In that year Fernando Johnson built a combined dwelling and

Constitution Of Illinois

ADOPTED IN CONVENTION AT SPRINGFIELD, MAT 13, A. D. 1870; RATIFIED BY THE PEOPLE JULY 2, 1870; IN FORCE, AUGUST 8, 1870 ; AND AMENDMENTS THERETO, WITH THE DATES OF RATIFICATION.

Preamble

\Ve, the people of the State of Illinois - grateful to Almighty God for the civil, political and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations - in order to form a more perfect government, establish justice, insure domestic tranquillity, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity ; do ordain and establish this constitution for the State of Illinois.

Article

The boundaries and jurisdiction of the State shall be as follows, to wit: Beginning at the mouth of the Wabash river; thence up the same, and with the line of Indiana, to the northwest corner of said State; thence east, with the line of the same State, to the middle of Lake Michigan; thence north, along the middle of said lake, to north latitude 42 degrees and 30 minutes ; thence west to the middle of the Mississippi river, and thence down along the middle of that river to its confluence with the Ohio river, and thence up the latter river, along its northwestern shore, to the place of beginning : Provided, that this State shall exercise such jurisdiction upon the Ohio river as she is now entitled to, or such as may nereafter be agreed upon by this State and the State of Kentucky.

Article Ii Bill Of Eights

\ 1. All men are by nature free and independent, and have certain inherent and inalienable rights - among these are life, libertv, and the pursuit of happiness. To secure these rights and the protection of property, governments arc instituted among men, deriving their just powers from the consent of the governed.

\ 3. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed ; and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions ; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be given by law to any religious denomination or mode of worship.

? 4. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in nil trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.

1. Inherent and Inalienable Rights. 2. Due Process of Law. 3. Libertv of Con^eit-nc'C Guaranteed. -1. Freedom of tlio Press-Libel. 5. Right of Trial bv Jury. 0. Unreasonable Searches and Seiz-

10. Self-Crimination-Former Trial. 11. Penalties proportionate - Corruption - Forfeiture. 12. Imprisonment for Debt, 13. Compensation for Property taken. 14. Ex post facto laws-Irrevocable

15. Military Power Subordinate. 10. Quartering of Soldiers. 17. flight of Assembly nnd Petition. is. I-:k., ti .us t.i !><- Five :mcl Equal. 10. What Laws ought to bo. 20. Fundamental Principles.

| 5. The right of trial by jury as heretofore enjoyed shall remain inviolate; but the trial of civil cases before justices of the peace by a jury of less than twelve men, may be authorized by law.

§ 6. The right of the people to be secure in their persons, h»uses, papers and effects, against unreasonable searches and seizures, shall not be violated ; and no warrant shall issue without probable cause, supported by affidavit, particularly describing the place to be searched, and the person or things to be seized.

\ 7. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.

| 8. No person shall be held to answer for a criminal offense, unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, andrin cases arising in the army and navy, or in the militia when in actual service in time of war or public danger : Provided, that the grand jury may be abolished by law in all cases.

§ 9. In all criminal prosecutions, the accused shall have the right to appear and defend in person and by counsel ; to demand the nature and cause of the accusation, and to have a copy thereof; to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

\ 11. All penalties shall be proportioned to the nature of the offense ; and no conviction shall work corruption of blood of forfeiture of estate ; nor shall any person be transported out or the State for any offense committed within the same.

\ 12. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law; or in cases where there is strong presumption of fraud.

\ 13. Private property shall not betaken or damaged for public use without just compensation. Such compensation, when not made by the State, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. » fi 14. No ex post facio law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.

fl 16. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war except in the manner prescribed by law.

§ 17. The people have the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their representatives, and to apply for redress of grievances.

| 19. Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his person, property or reputation ; he ought to obtain, by law, right and justice freely, and without being obliged to purchase it, completely and without denial, promptly and without delay.

Article Iii Distribution Of Powers

The powers of the Government of this State arc divided into three distinct departments - the Legislative, Executive and Judicial , and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.

Article Iv Legislative

1. Gc-neral Assembly elective. 2. Time of Election - Vacancies. 3. Who arc Uimblo. 1. Disqualification by Crime. 5. O.ith t.iken by members. 0. Senatorial Apportionments. 7. 4 8. Minoritv Representation. 9. Time of me eting-General Rule. 10. Si crctnry- Adjournment - Journals, Protests. 11. Stvle of Laws. 1.'. Orizin and passage of Bills. I.T. R. a~dinS-Prmtmg-Title-Amend-

Department

5 IS. Ordinary Expenses - Casual Deficits-Appropriations limited. 19. Extra Compensation or Allowance. 211. Public Credit not loaned. JL I'm- itml mil' :rjr.> of member*. ->-J. Sp.'-oial LegittMion prohibited. [-:! A-ainst Iteleax.- from Liability. -/4. ProceedlngB on Impeachment. ix Fuol, St:itiom-rv, and Printing. -2fi. State not to be sued. 27. Lottery and Gift Enterprises. 28. Terms of Office not Extended. 21. Protection of ojMTutiv miners. 30. Concerning Roads - public and pri-

$ 1. The legislative power shall he vested in a General Assembly, which shall consist of a Senate and House of Representatives, both to be elected by the people.

Election

{ 2. An election for members of the General Assembly shall be held on the Tuesday next after the first Monday in November, in the year of our Lord one thousand eight hundred and seventy, and every two years thereafter, in each county, at such places therein as may be provided by law. When vacancies occur in cither house, the governor, or person exercising the powers of governor, shall issue writs of election to fill such vacancies.

Eligibility And Oath

J 3. No person shall be a senator who shall not have attained the age of twenty-five years, or a representative who shall not have attained the age of twenty-one years. No person shall be a senator or a representative who shall not be a citizen of the United States, and who shall not have been for five years a resident of this State, and for two years next preceding his election a resident within the territory forming the district from which he h elected. No judje or clerk of any court, secretary of state, attorney general, state's attoruev, recorder, sheriff, or collector of publis revenue, member of cither house of congress, or person holdinj any lucrative office under tho United States or this State, or any foreign government, shall have a seat in the general assembly : Provided, that appointments in the militia, and the offices of notary pnbiii and justice of the peace, shall not be considered lucrative. Nor shall any person, holding any office of honor or profit under any foreign government, or under the government of the United States, (except postmasters whose annual compensation does not exceed the sum of $300,) hold any office of hon~r or profit undor the authority of th's State.

2 4. No person who has been, or hereafter shall be, convicted of bribery, perjury or other infamous crime, nor any person who has been or may be a collector or holder of public moneys, who shall not have accounted for and paid over, according to law, all such moneys due from him, shall be eligible to the general assembly, or to any office of profit or tru«t in this State.

? 6. Members of the general assembly, before they enter upon their official duties, shall take and subscribe the following oath or affirmation : y. any money or other valuable thin;r, from any corporation, i son, lor nny vote or influence I may give or withhold on a: appropriat ion, or lor any other official act,'1 will support the constitution of the State of Il'iuois. and will faithfully ) according to iho best of my tionally, paid or contribntc<l bribe, to direotly

This oath shall be administered by a judge of the supreme or circuit court, in the hall of the house to which the member is elected, and the secretary of state shall record and file the oath subscribed by each member. Any member who shall refuse to to take the oath herein prescribed, shall forfeit his office, and every member who shall be convicted of having sworn falsely to, or of violating, his said oath, shall forfeit his office, and be disqualified thereafter from holding any office of profit or trust in this State.

J 6. The general assembly shall apportion the State every ten years, beginning with the year 1871, by dividing the population of the State, as ascertained by the federal census, by tne number 51, and the quotient shall be the ratio of representation in the senate. The State shall be divided into 51 senatorial districts, each of which shall elect one senator, whose term of office shall be four years. The senators elected in the year of our Lord 1872, in districts bearing odd numbers, shall vacate their offices at the end of two years, and those elected in districts bearing even numbers, at the end of four years; and vacancies occurring by the expiration of term, shall 'be filled by the election of senators for the full term. Senatorial districts shall be formed of contiguous and compact territory, bounded by county lines, and contain as nearly as practicable an equal number of inhabitants ; but no district shall contain less than four-fifths of the senatorial ratio. Counties containing not less than the ratio and three-fourths, may be divided into separate districts, and shall be entitled to two senators, and to one additional senator for each number of inhabitants equal to the ratio, contained by such counties in excess of twice the number of said ratio.

Minority Representation

?! 7 and 8. The house of representatives shall consist of three times the number of the members of the senate, and the term of office shall be two years. Three representatives shall be elected in each senatorial district at the general election in the year of our Lord, 1872, and every two years thereafter. In all elections of representatives aforesaid, each qualified voter may cast as many votes for one candidate as there are representatives to be elected, or may distribute the same, or equal parts thereof, among the candidates, as he shall see fit; and the candidates highest in votes shall be declared elected.

Time Of Meeting And General Rules

§ 9. The sessions of the general assembly shall commence at 12 o'clock, noon, on the Wednesday next after the first Monday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this constitution. A majority of the members elected to each house shall constitute a quorum. Each house shall determine the rules of its proceedings, and be the judge of the election returns and 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 E reside over it until a temporary presiding officer thereof shall ave 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 s-hall 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 disorderly or contemptuous behaviour in its presence. But nosuch imprisonment shall extend beyond two hours at one time, unless the person shall persist in such disorderly or contemptuous behaviour.

2 10. The doors of each house and of committees of the whole, shall be kept open, except in such cases as, in the opinion of the house, require secrecy. Neither house shall, without the consent of the other, adjourn for more than two days, or to any other place than that in which the two houses shall be sitting. Each house shall keep a journal of its proceedings, 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 cither house shall have liberty to dissent from and protest, in respectful language, against any actor resolution which they think injurious to the public or to any individual, and have the reasons of their dissent entered upon the journals.

Style Of Laws And Passage Of Bills

? 11. The style of the laws of this State shall be : He it enacted by the People of the State nf Illinois, represented in the General Assembly.

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

Erinted before the vote h taken on its final passage ; and every ill, 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 bocly 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

\ 11. Senators and representatives shall, in all cases, except trcassn, felony or breach of the peace, be privileged from arrest during the session of the general assembly, and in going to and returning from the same ; and for any speech or debate in either house, they shall not be questioned in any other place.

\ 15. No person elected to the general assembly shall receive any civil appointment within this State from the governor, the governor and senate, or from the general assembly, during the term for which he shall have been elected ; and all such appointments, and all votes given for any such members for any such offices or appointment, shall be void ; nor shall any member of the general assembly be interested, either directly or indirectly, in any contract with t'.ie 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

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

1j 17. No money shall be drawn from the treasury except in pursuance of an appropriation made by law, and on the presentation of a warrant issued by the auditor thereon ; and no money shall be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The auditor shall, within 60 days after the adjournment of each session of the 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.

2 18. Each general assembly shall provide for all appropriations necessary for the ordinary and contingent expenses of the government until the expiration of the first fiscal quarteraftcrthe adjournment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of the members elected to each house, nor exceed the amount of revenue authorized by law to be raised in such time ; and all appropriations, general or special, requiring money to be paid out of the State Treasury, from funds belon-ring to the State, shall end with such fiscal quarter : Provided, the State may, to meet casual deficits or failures in revenue, contract debts, never to exceed in the aggregate $250,000 ; and moneys thus borrowed shall be applied to the purpose for which they were obtained, or to pay the debt thus created, and to no other purpose : and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the State in war, (for payment or which the laith 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 matle, nt the time, for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources cf revenue; which law, providing tor the payment cf such interest by such tax, shall be irrepealable until such debt be paid: And provided further, that the law levying the tax shall be submitted to the 'people with the law authorizing the debt to be ccntractcd.

g 19. The general assembly shall never grant cr authorize extra compensation, fee or allowance to any public officer, agent, servant or contractor, after service has been rendered cr a contract made, nor authorize the payment of any claim, or pert thereof, hereafter created against the State under any agreement cr contract made without express authority of law: and all tuth unauthorized agreements or contracts shall be null end voiel : 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 cr extend its credit to, or in aid of any public or other corporation, association or individual.

Pay Of Members

2 21. The members of the general assembly shall receive for their services the sum of $8 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 C50 per session to each member, which shall be in full for postage, stationery, newspapers, and all other incidental expenses and perquisites; but no change fhall be made

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 cr individual the right to lay down railroad tracks, or amending existing charters for such purpose ; the copying, printing, binding and distributing the laws and journals, and all other printing ordered by the general assembly, " ">e let by contract to the lowest responsible bidder; but the g 23. The general assembly shall have no power to release or extinguish, in whole or in part, the indebtedness, liability, or obligation of any corporation or individual to this State or to any municipal corporation therein.

Impeachment

\ 24. The house of representatives shall have the. sole power of Impeachment ; but a majority of all the members elected must 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 nevertheless, be liable to prosecution, trial, judgment and punishment according to law.

Miscellaneous

shall be let by contract to the~lowest responsible bidder; but tli general assembly shall fix a maximum price; and no member thereof or other officer of the State, shall be interested, directly or indirectly, i a such contract. But all such contracts shall be subject to the approval of the governor, and if he disapproves the same there shall be a re-letting of the contract, in such manner as shall bo prescribed by law. c

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

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

2 30. The general assembly may provide for establishing and opening roads and cart-ways, connected with a public road, for private and public use.

1 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.

5 33. The general assembly shall not appropriate out of the State treasury, or expend on account of the new capitol grounds, and construction, completion and furnishing of the State-house, a sum exceeding in the aggregate, :?:!.;"IOII,<M>(>, 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

2 1. The executive department shall consist of a Governor, Lieutenant-Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, and Attorney-General, who shall each with the exception of the Treasurer, hold his office for the term of four years from the second Monday of January next after his election, and until his successor is elected and qualified. They shall, except the Lieutenant Governor, reside at the seat of Government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law.

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

\ 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 abcye mentioned, and every two years thereafter, at such plates and in such manner as may be prescribed by law.

| 4. The returns of every election for the above named officers shall be sealed up and transmitted, by the returning (fficers, 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 assembly, who shall, for that purpose, assemble in the hall of the house of representatives. The person having the highest number of votes for either of the faid < ffices 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 election^ 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

2 5. No person shall be eligible to the office of governor, or lieutenant-governor, who shall not have attained the age of 80 years, and been, for five years next preceding his election, a citizen of the United States and of this State. Neither the governor, lieutenant-governor, auditor of public accounts, secretary of State, superintendent of public instruction nor attorney general shall be eligible to any other office during the period for which he shall have been elected.

| 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 fhafl 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 l>y taxation for all purposes.

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

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

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

J 11. In case of a vacancy, during the recess of the senate, in any office which is not elective, the governor shall make a temporary appointment until the next meeting of the senate, when he shall nominate some person to fill such office ; and any person so nominated, who is confirmed by the senate (a majority of all the senators elected concurring by yeas and nays), 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 tho request of the senate, or be appointed to the same office during the recess of the general assembly.

g 12. The governor shall have power to remove any officer whom he may appoint, in case of incompetency. neglect of duty, or malfeasance in offbe ; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy.

g 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 the 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.

\ 16. Every bill passed by the general assembly shall, before it become > 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 thd house ia which it shall have originated, which house shall enter the objections at large upon ita'jourual, 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 hou ;e, 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 by the governor within ten days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the general assembly shall, by their adjournment, prevent its return; in which case it shall be filed, with his objections, in the office of the secretary of State, within ten days after such adjournment, or become a law.

? 20. If the oOce of ic'Jitor of public accounts, treasurer, secretary of State, attorney general, or superintendent of public instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected acd 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, several ly,from all sources, and for every service performed, and a semi-annual report thereof be made to the governor, under oath ; and any officer who makes a false reportshall be guilty of perjury, and punished accordingly. 2 21. The officers or the executive department, and of all the public institutions of the State, shall, at least ten days i receding 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

? 22. There shall be a seal of the State, which shall be called the "Great seal of the State of Illinois," which shall be kept by the secretary of State, and used by him, officially as directed by law.

Fees And Salaries

2 23. The officers named in this article shall receive for their services a salary, to be established by law, which shall not be increased or diminished during their official terms, and they shall not after the expiration of the terms of those in office at 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

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

? 25. All civil officers, except members of the 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 ease may be) that I will support the constitution of the United States, and the Constitution of the State nf Illinois,

Lieutenant-Governor

LIEUTENANT-GOVERNOR. ? 17. In case of death, conviction or impeachment, failure to qualiiV, 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. $ 18. The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. The senate shall choose a president, pro tempore, to preside in case of the absence or impeachment of the lieutenant-governor, or when he shall hold the office of governor, {j 19. If there be no lieutenant-governor, or if the lieutenantgovernor shall, for any of the causes specified in \ 17 of this article, become incapable of performing the duties of the office, the president of the senatcshall act as governor until the vacancy is filled or the disability removed; and if the president of the senate, for anv of the above named causes, shall become incapa-

3 1. Judicial Powers of Courts, g 2. Seven Supreme Judges - Four Decide, f 3. Qualifications of aSupreme Judge \ 4. Terms of the Supreme Court. \ 5. Three Grand Div.sions - Seven Districts. \ 6. F.lection nf Supreme Judges. 1 -. Salaries of th« Supreme Judges. \ 8. Appeals an 1 Writ* of Error. \ 0. Appointment of Reporter. \ 10. Clerk- nf the Supreme Court. \ 11. Appellate Coin-Is Authorized. ? 12 Jurisdiction of Circuit Courts. -( I:; Foiinatinn nf ludh'ial Circuit'. I 14. Timc.f holding Circuit Courts. M.->. circuit* containing Pour Judges. \ 1-;. S.l:i- es nfthu ( in'ilit Judges. '(, 17. qualifications of Judges or Com-

18. County Judges - County Clerks, la. Appeals from County Courts. 20- Probate Courts Authorized. ' 21. Justices of the Pi-ace and Constables. 22. State's Attorney in each County. 23. Cook Count v Courts of Record. 24. Chief Justice - Power of Judges. --.I. Salaries nf the Judges. 20. Crimim 1 Court of Co. k County. 27. Clerks of Cook County Court. 28. Justices in Chicago. 2:>. Uniformity in the Courts. :; i. Urinoval nf any Judre. :n. Judges to make Written Reports. 32. Terms of Office-Filling Vacanpies. 3 .13. Pneess - Prosecutions - P o p u 1 ation.

Supreme Court

2 2. The supreme court shall consist of seven judges, and shall have original jurisdiction in cases relating to the revenue, in mandamus, and habeas cnrpiis, and appellate jurisdiction in til 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 be shall be at least thirty years of age, and a citizen of the United States, n->r 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.

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

| 5. The present grand divisions shall be preserved, and be denominated Southern, Central and Northern, until 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, Jcffbrson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, Ilardin, Pope, Union, Johnson, Alexander, Pulaski and Maasac.

Second 'District. - The counties of Madison, Bond, Marion, Clay, Richlan;!, Lawrence, Crawford, Jasper, Effingham, Fayette, Montgomery, Macou-iin, Shelby, Cumberland, Clark, Greene, Jersey, Calhoim and Christian.

Third District - The counties of Sangamon, Macon, Logan, DC Witt, Piatt, Douglas, Champaign, Vermilion, McLean, Livingston, Ford, Iroquois, Coles, Edgar, Moultrie and Tazewcll.

fifth District. - The counties of Knox, Warren, Henderson, Mercer, Henry, Stark, Pcoria, Marshall, Putnam, Bureau, Lasalle, Grundv and Woodford.

Sixth District. - The counties of Whitesidc, Carroll, Jo Daviess, Stcphenson, Winncbago, Boone, McHenry, Kane, Kendall, Do Kalb, Lee, O.^lc 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 an 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 tbe 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 judre then elected, shall expire, and every nine years thereafter, thero 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 thi cy.piration of the term for which he was elected, after whii'h thj judges shall choose one of their number as chief jus-

$ 7. Fran an-1 after the adoption of this constitution, the j-i Ijei of the supreme court shall each receive a salary of $4,000 por annum, pava'jle quarterly, until otherwise provided by law. And after said salaries shall be fixed by law, the salaries of the i;'lg2< in office shnll not be increased or diminished during tha tenris for which said judges have been elected.

§ 8. Anpcals 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.

3 0. The sunremc court shall appoint one reporter of its decisions who shall hold his office for six years, subject to removal by the court.

terms of office of the present clerks of said court, one clerk of said court for each division shall be elected, whose term of ofiice shall be six years from said election, but who shall not enter upon the duties of his ofiice until the expiration of the term cf his predecessor, and every six years thereafter, one clerk of said court for each division shall be elected.

Appellate Courts

I 11. Afterthe year of our 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 tho supremo court, in all criminal cases, end 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, r.nd in such manner, as may be provided ly law; but no judge shall sit in review upon cases decided by him ; nor shall said judges receive any additional compensation for such services.

Circuit Courts

? 12. The circuit courts shall have original jurisdiction of all causes in law and equity, and such appellate jurisdiction as is or may be provided by law, and shall hold two or more terms each year in every county. The terms of office of judges of circuit courts shall be six years.

\ 13. The State, exclusive of the county of Cook and ether counties having a population of 1CO.COO, shall be divided into judicial circuits, prior to the expiration of terms of ofiice of the present judges of the circuit courts. Such circuitsshall 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 eath 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 affect the tenure of office of any judge. Whenever the business of the circuit court of any one, or of two or more contiguous counties, containing a population exceeding 50,COO, shall occupy nine months of the year, the general assembly may make of such county, or counties, a separate circuit. Whenever rdditional circuits are created, the foregoing limitations shall be ob- S3rved.

ji 14. The general assembly shall provide for the times cf 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 Fhall 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 (he 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 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 juelpes shall be, respectively, elected ; and from and after the adoption of this constitution, no judge of the supreme or circuit court shall receive any other compensation, perquisitcor benefit, in any form whatsoever, nor perform any other than judicial duties to which may belong any emolument'.

| 17. No person shall be eligible to the office of judge of the circuit or any inferior court, or to membership in the "board of county commissioners," unless he shall be at least 25 years of age, and a citizen of the United States, nor unless he shall have resided 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 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

Probate Courts

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

\ 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 attorney 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 the recorder's court of the city of Chicago, and the present judge of the circuit court of Cook county, shall be two of said judges, and shall remain in office for the terms for which they were respectively elected, and until their successors shall be elected and qualified. The superior court of Chicago shall be continued, and called the superior court of Cook county. The general assembly may increase the number of said judges by adding one to either of said courts for every additional 50,000 inhabitants in said county, over and above a 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,

Siate's attorney, iu said county, shall receive the same salaries, payable out of the State treasury, as is or may be paid from said treasury to the circuit judges and State's attorneys of the State, and such further compensation, to be paid by the county of Cook, as is or may be provided by law ; such compensation shall not be changed during their 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 sha'l have the jurisdiction of a circuit court, in all cases'of criminal and quasi criminal nature, arising in the county of Cook, or that may be brought before said court pursuant to law ; and all recognizances and appeals taken in said county, in criminal and quasi criminal cases shall be returnable and taken to said court. It shall have no jurisdiction in civil cases, except in those on behalf of the people, and incident to such criminal or quasi criminal matters, and to dispose of unfinished business. The terms and may hold the court of which he is a member. Each c may hold a different branch thereof at the same time. ? 2 >. The judges of the superior and circuit courts, ar 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 exoffieio judges of said court.

\ 27. The present clerk of the recorder's court of the city of Chicago, shall be the clerk of the criminal court of Cook county, during the term for which he was elected. The present clerks of the superior court of Chicago, and the present clerk of the circuit court of Cook county, shall continue in office during the terms for which they were respectively elected ; and thereafter there shall be but one clerk of the superior court, to be elected by the qualified electors of said county, who shall hold his office for the term of four years, and until his successor is elected and qualified.

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

General Provisions

\ 29. All judicial officers shall be commissioned by the governor. All laws relating to courts shall be general, and of uniform operation ; and the organization, jurisdiction, power, proceedings and practice of all courts, of the same class or grade, so far as regulated by law, and the force and effect of the process, judgments and decrees of such courts, severally shall be uniform.

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

\ 31. All judges of courts of record, inferior to the supreme court, shall, on or before the first day of June, of each year, report in writing to the judges of the supreme court, such defects and omissions in the 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 composiu|r their respective circuits, the preceding two vears.

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

I 33. All process shall run : In the name of the People of the State of Illinois: and all prosecutions shall' be carried on: In the name and by the authority of the People of the State tif Illinois,- and conclude- A<i<iin*t tlr i>i<,i,>i- <m<l diniiiti/ 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

county 93 days, and in the election district SO days next preceding any election therein, who was an elector in this State on the fir.it 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.

<j 3. Electors shall, in all cases except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and in going to and returning from the same. And no elector shall be obliged to do military duty on the days of election, except i:i 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 services 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.

J6. No person shall be elected or appointed to any office in i State, civil or military, who ia not a citizen of the United States, and who shall not have resided in this State one year next preceding the election or appointment.

Article Viii

I 1. The general assembly shall provide a thorough and efficient system of free schools, whereby all the children of this State may receive a good common school education.

| 2. All lands, moneys 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, tow:iship, school district, or other public corporation, shall ever make any appropriation or pay from any public fund whatever, anything in aid of any church of 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 any nt or donation of land, money, or other personal property ever made by the State or any such public corporation, to any church, or for any sectarian purpose.

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

| 5. There may be a county superintendent of schools in each county, whose qualifications, powers, duties, compensation and time and manner of election, and term of office, shall be prescribed by law.

Article Ix Revenue

\ 1. The general assembly shall provide such revenue as may be needful by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property - such value to be ascertained by some person or persons, to be elected or appointed in such manner as the general assembly shall direct, and not otherwise ; but the general assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, innkeepers grocery kcepersliquor dealers, toll bridges, ferries, insurance, telerraph 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 timetotime direct by general law, uniform as to the class upon which it operates.

\ 2. The specifications of the objects and subjects of taxation shall not deprive the general assembly of the power to require other subjects or objects to be taxed in such a manner as muy be consistent with the principles of taxation fixed in this constitution.

? 3. The properties of this 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 property.

\ 4. The general assembly shall provide, in all cases where it may be necessary to sell real estate for the non-payment of taxes or special assessments for State, county, municipal or other purposes, that a return of such unpaid taxes or assessments shall be to some general officer of the county having authority to receive State and county taxes; and there shall be no sale of sr.id 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 reler.se or discharge any county, city, township, town or district whr.tcvcr, or the inhabitants thereof or the properly 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 whatever.

§ 8. County authorities shall never assess taxes the aggregate of which shall exceed 75 cents per $100 valuation, except for the payment of indebtedness existing at the adoption of this constitution, unless authorized by a vote of the people of the county.

? 9. The general assembly may vest the corporate authorities of cities, towns, 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 imposing the same.

\ 10. The general assembly shall not impose taxes upon municipal corporations, or the inhabitants or property thereof, for corporate purposes, but shall require that all the taxable property within the limits of municipal corporations shall be taxed for the 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 betaken or sold for the payment of the corporate debts of a municipal corporation.

\ 11. No person who is in default, as a collector or custodian of money or property belonging to a municipal corporation, shall be eligible to any office in or under such .corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office, shall be increased or diminished during suth term.

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

\ 1. No new county shall be formed or established by the general assembly, which will reduce the county or counties, or either of them, from which" it shall be taken, to less contents than 400 square miles; nor shall any county be formed of less contents ; nor shall any lino thereof pass within less than ten miles of any county scat of the county, or counties proposed to be divided.

2 2. No county shall be divided, or have any part stricken therefrom, without submitting the question to a vote of the people of the county, nor unless a majority of all the legal voters of the county, voting on the question, shall vote for the same.

§ 3. There shall be no territory stricken from any county, unless a majority of the voters living in such territory shall petition for such division ; and no territory shall be added to any county without the consent of the majority of the voters of the county to which it is proposed to be added. But the portion so stricken off and added to another county, or formed in whole or in part into a new county, shall be holden for, and obliged to pay ita 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 t3 be removed shall be fixed in pursuance of law, and three-fifths of the voters of the county, to be ascertained in such manner as shall be provided by general law, shall have voted in favor of its removal to such point ; and no person shall vote on such question who has not resided in the county six months, and in the election precinct ninety days next preceding such election. The question of 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

? 5. The general assembly shall provide, by general law, for township organization, under which any county may organize -whenever a majority of the legal voters of such county, voting at any general election, shall so determine, and whenever any county shall adopt township organization, so much of this 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 may be transacted in such manner r.s 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 organizations, shall immediately take effect and be in force in such county. No two townships shall have the same name, and the day of holding the annual township meeting shall be uniform throughout the State. ,

| C. At the first election of county judges under this constitution, three shall be elected in each of the counties in this State. not under township organization, three officers, who shall be styled " The Board of County Commissioners," who shall hold sessions for the transaction of county business as shall be provided by law. One of said commissioners shall hold his office for one year, one for two years, and one for three years, to be determined by lot ; and every year thereafter one such officer shall be elected in each of said counties for the term of three years.

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

County Officers And Their Compensations

\ 8. In each county there shall be elected the following county officers: County judge, sheriff, county clerk, clerk of the circuit court, (who may be ex-officio recorder of deeds, except in counties having 60,000 and more inhabitants, in which counties a recorder of deeds shall be elected at the general election in the year of our Lord 1872,) treasurer, surveyor, and coroner, each of whom shall enter upon the duties of his office, respectively, on the first Monday of December after their election ; and they shall hold their respective offices for the term of four years, except the treasurer, sheriff and coroner, who shall hold their 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 a judge of the circuit court of said county, and shall be paid respectively, only out of the fees of the office actually collected. All fees, perquisites and emoluments (above the amount of said salaries) shall be paid into the county treasury. The number of the deputies and assistants of such officers shall be determined by rule of the circuit court, to be entered of record and their compensation shall be determined by the county board.

| 10. The county board, except as provided in I 9 of this article, shall fix the compensation of all county officers, with the amount of their necessary clerk hire, stationery, fuel and other expenses, and in all cases where fees are provided for, said compensation shall be paid only out of, and shall in no instance exceed, the fees actually collected ; they shall not allow either of them more per annum than $1,500, in counties not exceeding 23,000 inhabitants ; §2,000 in counties containing 20,000 and not exceeding 30,000 inhabitants ; $2,500 in counties containing 30,- 000 and not exceeding 50,000 inhabitants; £3,000 in counties containing 50,000 and not exceeding 70,000 inhabitants ; $3,500 in counties containing 70,000 and not exceeding 100,000 inhabitants; and $4,000 in rountics containing over 100,000 and not exceeding 250,000 inhabitants ; and not more than $1,000 additional compensation for each additional 100,000 inhabitants: Provided,^ that the compensation of no officer shall be increased or diminished during his term of office. All fees or allowances by them received, in excess of their said compensation, shall be paid into the county treasury.

? 11. The fees of township officers, and of each class of county officers, shall be uniform in the class of counties to which they respectively belong. The 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.

2 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. Th's article shall not be

2 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 bo 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

educational, penal or reformatory purposes, which are to be and remain under tlie patronage and control of the State, but the general assembly shall provide, by general law, for the organizations of all corporations hereafter created.

g 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 effect whatever.

\ 3. The general assembly shall provide, by law, that in all elections for directors or managers of corporated companies, every stockholder shall have the right to vote, in person orby 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 no such directors or managers shall 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.

I 5. No State bank shall hereafter be created, nor shall the State own or be liable for any stock in any corporation or joint stock company or association for banking purposes, now created, or to be hereafter created, No act of the general assembly authorizing or creating corporations or associations, with banking powers, whether of issue, deposit or discount, nor amendments thereto, shall go into effect or in any manner be in force unless the same shall be submitted to a vote of the people at the general election next succeeding the passage of the same, and be approved by a majority of all the votes cast at such election for or against such law.

$ 6. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held, for all its liabilities accruing while he or she remains such a stockholder.

$ 7. The suspension of specie payments by bankin ; 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 laws of this State, shall make and publish a full and accurate quarterly statement of its affairs, (which shall be certified to, under oath, by one or more of its officers,) as may be provided by law.

8 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 all stockholders in such corporations, the amount of stock held by each, the time of any transfer thereof, and to whom such transfer is made.

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

1 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 110 law exempting any such property from execution and sale.

| 11. No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line ; and in no case shall any consolidation take place except upon public notice given, of at least sixty days, to all stockholders, in such manner as may be provided by law. A 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. Hallways heretofore constructed, or that may hereafter be constructed in this State, are hereby declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law. And the general assembly shall, from time to time, pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this State.

\ 13. No railroad corporation shall issue any stock or bonds, except for money, labor or property actually received, and applied to the purposes for which such corporation was created ; and all stock dividends, and other fictitious increase of the capital stack 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 said right of eminent domain, any incorporated company shall be interested either for or against the exercise of said right.

§ 15. The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on 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

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

§ 2. The general assembly, in providing for the organization, equipment and discipline of the militia, shall conform as nearly aii practicable to the regulations for the government of the armies of the United States.

g 3. All militia officers shall be commissioned by the governor, and may hold their commissions for such time as the general assembly may provide.

| 4. The militia shall, in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at musters and elections, and in going to and returning from the same.

\ 5. The military records, banners and relics of the State, shall be preserved as an enduring memorial of the patriotism and valor of Illinois, and it shall be the duty of the general assembly to provide by law for the safe keeping of the same.

\ 6. No person having conscientious scruples against bearing arms, shall be compelled to do militia duty in time of peace : Provided, such parson shall pay an equivile'nt for such exemption.