SHALL THE PROPOSED NEW CONSTITUTION BE ADOPTED? PROPOSITION TO BE VOTED UPON AT A SPECIAL ELECTION DECEMBER 12, 1922 Vote YES STATEMENT PREPARED BY THE CHICAGO BUREAU OF PUBLIC EFFICIENCY NOVEMBER. 1922 Return this book on or before the Latest Date stamped below. A charge is made on all overdue books. Univers ity of Illinois Library ImUsioners I I ; MaterlalMt t of Print.) September, LI. (Out of Under Con- i the Voters ovember 7— Manry. De- <;nt Account- Print.) i December, i 19. 20. 21. 22. 23. lecember, 1911. d of the Office of /iember, 1911. /. (Out of Print.) •k GoTcrnnients of, J ictr Organization and arts: A Supplemental Inquiry 4uistralion. November, 1912. AdmlniBtrntlon of the Office of the Cleric of the County Court of Coolt County, Illinois. November, 1912. (Out of Print.) Office of SheriflT of Cook County, lUinolst A Supplemental Inquiry Into It« Ortennization an«l Methods of Administration. November, 1912. GrowluB Cost of Elections in Chlcagro and Coolc County. December 80, 1912. The VotiuK Machine Contract. A Protest Against Its RecoKnitlon In Any Form by the City Council of the City of Chicago. January 1, 1913. The Office of the County Treasurer of Cools County, Illinois. An Inquiry Into the Administration of Its Finances >vith Special Reference to the auestlon of Interest on Public Funds. November, 1913. The Nineteen Local Governments in Chicago. December, 1913. (Out of Print.) (Continued on Inside back cover) SHALL THE PROPOSED NEW CONSTITUTION B^.t^OPTED? PROPOSITION TO BE VOTED UPON AT A SPECIAL ELECTION DECEMBER 12, 1922 Vote YES STATEMENT PREPARED BY T H i:- CHICAGO BUREAU OF PUBLIC EFFICIENCY 315 PLYMOUTH COURT CHICAGO BUREAU OF PUBLIC EFFICIENCY ORGANIZED IN AUGUST 1910 TRUSTEES Julius Rosenwald, Chairman Alfred L. Baker, Treasurer Onward Bates F. B. Johnstone Victor Elting Allen B. Pond Walter L. Fisher George G. Tunell Harris S. Keeler, Director TABLE OF CONTENTS Page INTRODUCTION 4 SUMMARY AND CONCLUSIONS 5 TEXT OF STATEMENT 9 An Easier Amending Process Provided 10 Revenue 11 Changes in Court Procedure 15 Court Reorganization 17 Minority Representation Abolished 19 Legislative Apportionment 20 Reform of County Government 21 Home Rule For Chicago 22 The Traction Question 24 Consolidation of Local Governments 25 The Short Ballot 27 Other Provisions 27 Zoning and EJxcess Condemnation 27 Legislative Procedure 27 Juries 27 Pension Funds 27 Bible Reading in the Public Schools 28 No Color or Racial Discrimination 28 Farm Loans 28 Forestry 28 County Assessors 29 Waterways 29 Election Matters 29 Some Objections Answered 30 INTRODUCTION The Chicago Bureau of Public Efficiency functions pri- marily in matters relating to local government in Chi- cago and Cook county. It is especially interested in the provisions of the proposed new constitution bearing upon the governmental situation in this com- munity. However, the welfare of Chicago is concerned not only with local provisions but with all important provisions in which this city has a common interest with other parts of the state. In the accompanying statement, therefore, the Bureau reviews the new document as a whole, setting forth its reasons for concluding that the best interests of the state and of Chicago mil be advanced if the voters approve the proposed constitution. In another publication recently issued, entitled ''The Proposed Ncav Constitution for Illinois", the Bureau prints the text of the proposed new constitution, with extensive explanatory comments, and the text of the con- stitution of 1870, with cross references to the new instru- ment. It is designed especially to meet the needs of writers, speakers, and others who may wish thoroughly to familiarize themselves with the details of the changes made. Until the limited edition of that publication is exhausted, any citizen of Illinois may secure a copy free of cost by writing to the Chicago Bureau of Public Effi- ciency, 315 Plymouth Court, Chicago. Chicago Bureau of Public Efficiency, Harris S. Keeler, Director, November, 1922. SUMMARY AND CONCLUSIONS The Chicago Bureau of Public Efficiency believes that the proposed new constitution contains important fea- tures which will do much to advance the welfare of Illi- nois and of Chicago; and that its rejection will prevent social, economic and governmental progress and will re- sult in further governmental and political demoraliza- tion. The Bureau therefore urges all citizens to work and vote for the adoption of the proposed new constitu- tion, regardless of any disappointment or dissatisfaction ihej may feel over its minor shortcomings. Among the more important advantages to be gained through the adoption of the proposed document are the following : 1. The process of amendment is much easier under the proposed constitution. If it is adopted the people will receive at once the benefit of its many desirable new provisions and at the same time can proceed with greater ease and rapidity to secure further changes which may be needed. The choice of the voter lies only between the proposed and the present constitution. If the proposed is rejected the hope of much needed constitutional changes will be confined to the slower and more difficult process of amendment provided by the present document under which so many futile attempts have been made in the past. 2. The proposed revenue article is a great improve- ment over the present. No provision of value contained in the present is omitted from the proposed. The advan- tages of the new provision for an income tax on intangi- ble personal property, in place of the tax by valuation now required, should appeal to all persons. An income 6 Chicago Bureau of Public Efficiency tax provides the only practical way to reach this class of property and make it pay its share of the public expense. A general income tax is also permitted (but not required) by legislative action. Household furniture not exceeding $500 in value may be exempted from all taxes. This is new. A more equitable method of enforcing the collection of delinquent taxes is provided. 3. Important changes in court procedure are provided. They are designed to modernize the judicial system of the state so as to enable the courts to dispose promptly and efficiently of the business brought before them. The proposed changes should result in simplification and im- provement of procedure and the consequent more effec- tive, expeditious and economical administration of jus- tice. 4. The consolidation of the courts in Cook county will give this community a much more efficient organization for judicial purposes. 5. The representation in the Supreme Court from the seventh district (comprising the counties of Cook, Will, Lake, Kankakee and DuPage) is increased from one judge in a court of seven to three judges in a court of nine. 6. The present system of so-called minority represen- tation in the legislature and the abuses which have grown up under it will be abolished. This is a change long sought by progressive-minded citizens. 7. The compromise over the question of the limita- tion of Cook county's representation in the general as- sembly is the best that could be effected. It should be accepted. i Summary and Conclusions 7 8. Much needed reorganization of county government on progressive lines is made possible. 9. Chicago is given large home-rule powers, among them the power to frame and adopt its own charter, which may contain provisions for the initiative, referen- dum and recall in local matters if the people desire them. The home-rule provisions are exceedingly liberal and if adopted will operate to give this city a status and powers equaled by few large cities in the country. 10. Chicago is given additional borrowing power for acquiring and improving transportation and water sys- tems. This power is carefully safeguarded through pro- visions that will encourage efficient management and pre- vent the municipalization of traction properties becoming a menace to taxpayers. 11. Additional powers for the consolidation of local governments with the city of Chicago are provided. 12. The proposed constitution directly shortens the ballot to some extent, and provision is made by which the legislature may shorten it still more. 13'. The new provisions with respect to zoning and the power of excess condemnation are distinctly bene- ficial. 14. Many of the objections raised are based upon mis- information, prejudice or petty self-interest. Such as have merit are clearly outweighed by the many benficial provisions of the proposed document. SHALL THE PROPOSED NEW CONSTITUTION BE ADOPTED? Illinois lias great need of changes in its constitution. The present constitution was adopted in 1870. The pro- visions of its amending clause are exceedingly rigid and have made it impossible to secure changes adequate to the economic and governmental needs of a rapidly grow- ing industrial state. The Constitutional Convention, which has been in ses- sion intermittently for over two years, has completely revised and rewritten the present document and the pro- posed new constitution is to be submitted to the voters of the state for adoption or rejection at a special election to be held for that purpose on December 12, 1922. The choice of the voter does not lie between the pro- posed new document and the ideal constitution which he or she has in mind. It is between the adoption of the proposed new constitution and the retention of the pres- ent antiquated and inadequate constitution of 1870. A document like the proposed constitution is neces- sarily a series of compromises. It does not contain fea- tures earnestly desired by various groups. Some of the changes made are less sweeping than portions of the electorate think they ought to be. There are provisions that can be made the basis of appeals to prejudice or that arouse the antagonism of petty self-interest of one kind or another. However, the proposed new constitution omits nothing of real value contained in the present constitution and 10 Chicago Bureau of Puilic Efficiency it must be conceded by thinking citizens that the new contains important features that, if adopted, will do much to promote the progress of Illinois and of Chicago. If the proposed constitution is rejected by the voters, the state must continue to live under the present doc- ument, which has long since been outgrown. In the fu- ture, as in the past, it will be difficult, if not impossible, to amend it. And the probability of another constitu- tional convention during the lifetime of this generation is remote. Under these circumstances every voter should consider carefully the best interests of the state at large, and of Chicago, put aside his or her petty self-interest, and vote to accept the proposed new constitution with its bene- ficial and progressive features and its easier amending clause. It is essential to progress that citizens take a broad and public-spirited view of questions of general concern and that they subordinate their prejudices and the lesser matters with which they may be especially con- cerned, to the larger issues involving the common welfare. AN EASIER AMENDING PROCESS PROVIDED The recent Constitutional Convention was called largely because of the difficulty of amending the present constitution. The proposed document will make the amending process much easier. Under the present, but one article may be amended at a time ; under the new, the legislature at the same session may submit amendments to two articles. The present constitution provides that amendments shall not be proposed to the same article of tener than once in four years ; under the new, this re- striction will apply only to the same section. This is an important gain, since the four or five articllte involving contentious matters each contain many sections. If nee- Proposed New Constitution 11 essary or desirable, extensive and important changes in the proposed constitution could be made every two years. Under the present constitution an amendment to be adopted must receive a majority of all the votes cast at the election at which it is submitted. This means that anyone voting for even one official but not voting on the amendment in effect is counted against it. Under the proposed constitution only a majority of the votes cast for members of the house of representatives will be nec- essary to the adoption of an amendment. This change will make it substantially easier to secure the approval of amendments on referendum. Many persons are disappointed that the proposed amending clause is not more liberal in its terms. The Bureau would have preferred a more liberal one. How- ever, the proposed is a great improvement over the pres- ent. If the new constitution is adopted the people will receive at once the benefit of its many desirable new pro- visions, while at the same time they can proceed with greater ease and rapidity to secure further changes which may be needed. On the other hand, if the proposed con- stitution is rejected, the hope of much needed modifica- tions will be confined to the slower and more difficult process of amendment provided by the present consti- tution, under which so many futile attempts have been made in the past. REVENUE Of the various influences that led to calling a consti- tutional convention the need for changes in the present revenue article was one of the most important. But there is much disagreement upon questions of taxation and members of the Convention labored long and diligently to effect a solution of the problem. In several respects the proposed revenue article is a 12 Chicago Bureau of Public Efficiency distinct improvement. Its more important features are as follows : 1. The general tax by valuation on all classes of prop- erty, which is required under the present constitution, is also required by the proposed article, except as the legis- lature is authorized to provide a substitute income tax on intangible personal property, and except also as household furniture of the value of $500 may be exempted from any tax. All the provisions of the present consti- tution are therefore available under the proposed and may be utilized so far as they are of value. 2. The legislature is authorized to provide a flat rate income tax on incomes from intangible personal property in place of the tax by valuation at present required (but to a very limited extent levied or paid) on this class of property. The proceeds of this tax are to be distributed to the state and various local taxing authorities in the same proportions that general property taxes are dis- tributed among them. 3. The legislature is permitted (not required) to levy a general income tax on all net incomes. This tax, if levied, will be in addition to other taxes authorized, but in order to avoid double taxation, the general assembly may permit deductions to compensate for other taxes paid on the property (or income therefrom) from which the income taxed under the general income tax provision is derived. The general income tax (unlike the substi- tute income tax on intangibles) may be graduated and progressive but the highest rate may not exceed three times the lowest rate. In case a general income tax is levied all household furniture and the implements of agriculture and labor used as such may be exempted from all taxation. Exemptions from income derived from per- sonal services, amounting to $1,000, plus $200 for each dependent child under 16 years of age, to heads of fam- ilies and of $500 to other persons, are also authorized. Proposed New Constitution 13 The advantages of an income tax in substitution for the present general property tax on intangible personal property should appeal to all persons. This class of property (money, stocks, bonds, mortgages, etc.) has increased enormously since the constitution of 1870 was adopted. Because of the ease with which it is concealed the great bulk of it escapes taxation altogether. The re- sult is higher taxes on real estate and on personal prop- erty, both tangible and intangible, so far as the latter is taxed at all. In the case of intangibles, taxation frequently amounts to confiscation of the income. This situation in turn leads to greater efforts to escape on the part of all classes in the communty, and to obvious injus- tice to those who are either unwilling or unable to avoid the assessor. An income tax is the only practicable way to reach this class of property and make it pay its share of the public expense. Such a tax probably would not only provide more revenue, but indirectly would operate to reduce real estate taxes. The desirability and fairness of raising a portion of the public revenues through a general income tax is widely recognized. So far as the specific provisions of the proposed revenue article authorizing such a tax are objected to, they are criticized chiefly on the following grounds : 1. It is claimed that the limitation of the highest rate to three times the lowest rate, in case of a graduated tax, does not allow the legislature sufiicient latitude in taxing large incomes. It is conceded that the lowest rate appli- cable to the smaller incomes of the majority of taxpayers is never likely to be made burdensome and that, under the three-to-one limitation, this wiU operate unduly to re- strict the taxing of larger incomes. On the other hand, it is contended that an unlimited or excessive power to tax large incomes might be exercised in ways destructive 14 Chicago Bureau of Public Efficiency alike of the incomes and of the development and welfare of the community. The new proposal represents the com- promise of these conflicting views reached by the Conven- tion. 2. It is contended also that the legislature should have been given greater freedom in dealing with the question of exemptions, and that, in any event, the exemptions allowed are too low, either because it is thought that persons of small incomes should not be required to pay taxes directly, or because the cost of collection will be too high in proportion to the amounts collected from such persons. On the other side, it is argued that to allow a larger exemption in the case of smaller incomes would probably involve a corresponding increase in the exemp- tions from moderate incomes, resulting in a material loss of revenue from this latter source; and also that it is not only equitable but desirable that persons of small in- comes shall participate directly in the expenses of gov- ernment, to the end that their interest in governmental affairs may be stimulated. Here, again, the provisions adopted by the Convention are a compromise. 3. Objection is sometimes made that there is the pos- sibility of double taxation resulting. But in order to avoid this the legislature is authorized to permit deduc- tions from income taxes to compensate for other taxes paid. The danger of double taxation therefore seems remote. In passing judgment on these matters, it should be borne in mind that the provisions for a general income tax are permissive, not mandatory. If they do not meet with popular approval, the legislature, which is presumed to represent public opinion, is not required to pass any laws under them. Or, if they are tried, and are found unworkable or unsatisfactory in operation, they may be abandoned by legislative act. Proposed New Constitution 15 Among the changes of lesser importance contained in the new revenue proposal is that permitting the exemp- tion from taxation of household furniture not exceeding $500 in value, the assessment of which is an expensive nuisance often resulting in petty annoyances and abuses ; that permitting a more equitable and satisfactory method of enforcing the collection of delinquent taxes ; and that permitting municipalities to join in making public im- provements and to finance them by special assessments. CHANGES IN COURT PROCEDURE The administration of justice is one of the most impor- tant objects of government. Long delays in the trial of cases and cumbersome procedure always bear most heav- ily upon persons of small means and often result in what in effect is a complete denial of justice. Illinois for many years has been conspicuously back- ward in modernizing its judicial system so as to enable the courts to dispose promptly and efficiently of the busi- ness brought before them. The changes in court pro- cedure and organization proposed in the new constitution represent a serious attempt by the Convention to correct this situation. One of the most important of these changes is that au- thorizing the Supreme Court to prescribe rules of plead- ing, practice and procedure in all courts. This power has heretofore resided in the legislature. This has contrib- uted much to the inefficiency of our judicial system. In the nature of things a body like the legislature is not constituted to deal promptly and adequately with such questions. The proposed change will place all matters relating to the conduct of litigation within the jurisdic- tion of the courts, which presumptively are best qualified to deal with them. This should result in the simplifica- 16 Chicago Bureau of Public Efficiency tion and improvement of court procedure and the con- sequent more effective, expeditious, and economical ad- ministration of justice. Under the proposed change the Supreme Court will have an almost unlimited opportunity to improve the manner in which the business of the courts is conducted. It is to be hoped and expected that it will exercise its new powers wisely and fairly. If it does not do so the legis- lature may set aside any rule made by the court, although it may not substitute a new rule for one set aside. More- over, the rule making provisions are no more sacred than other parts of the proposed constitution and if occasion requires may be amended the same as others. Thus, if it is demonstrated that the legislative veto now pro- posed is inadequate and does not provide an effective check upon the action of the court, by constitutional amendment either the power of the legislature may be extended, or if necessary the control over matters of practice and procedure may be withdrawn from the court. Sections 7 and 8 of the Bill of Rights contain important changes relating to the subject of bail and to the man- ner of instituting criminal proceedings. The present constitution guarantees the right of bail, "except for capital offenses where the proof is evident or the presumption great." The proposed constitution (Sec. 7), like the constitution of the United States, pro- vides merely that "excessive bail shall not be required." The address of the Convention says that this leaves the question of bail "mthin the sound discretion of the judge." The new language does not expressly destroy the power of the legislature to regulate bail and the gen- eral rule is that the legislature has powers not denied. The Bureau believes that the weight of legal authority is to the effect that the proposed change will leave the entire subject of bail within the control of the legislature, Proposed New Constitution 17 just as under like language in the Federal constitution it is within the control of congress. Under this construc- tion, the legislature may continue the existing rules for the protection of accused persons, or it may prescribe other terms and conditions for the protection of the ac- cused and of the community. For instance, it might pro- vide that first offenders should be bailable but that habit- ual criminals could be denied bail. Such a distinction can- not be made under the present constitution. Questions as to whether a specific case came within one or another of the legislative regulations and as to the amount of bail in any case would, as at present, be within the juris- diction and discretion of the court. Section 8 of the Bill of Eights permits the prosecu- tion of all criminal cases, except capital offenses, either by indictment or on information filed by the attorney gen- eral of the state or the state 's attorney. The provisions for informations in felony cases are new. They are in the interest of the prompt and effective handling of such cases. Under the present constitution, injustice often results to innocent persons who are accused of crime but cannot be brought promptly to trial because they must await indictment by a grand jury which is convened only at infrequent intervals. This applies particularly in the rural parts of the state. Meanwhile the accused must remain in jail unless he is in a position to give bail. The injustice in such cases is always to persons of small means who have no facilities for furnishing bail. Objection is made in some quarters to the provision authorizing the attorney general to file informations mthout leave of court. COURT REORGANIZATION The proposed new constitution also makes important changes in court organization. At present the Supreme Court consists of seven judges, of whom only one is 18 Chicago Bureau of Public Efficiency elected from the seventh district, comprising the conn- ties of Cook, Will, Lake, Kankakee and DnPage. Under the new plan the court will consist of nine judges, three of whom will be elected from this district, although only two of the three may be nominated from Cook county. However, the voters of Cook county will participate in the election of all three. Thus the community of which Chicago is the center will be given much larger represen- tation than at present on the Supreme Court. Appellate court judges are now designated by the Su- preme Court from among the elective circuit court and superior court judges. The new plan provides for their appointment by the Supreme Court and appointments may be made either from among elective judges or from among qualified members of the bar. Another very important provision of the proposed judiciary article is that for the unification of the courts of Cook county. The circuit, superior, criminal, probate and county courts, the municipal court of Chicago and the city court of Chicago Heights are to be consolidated into one court — the circuit court of Cook county — ^with two divisions, civil and criminal. Each division will have a chief justice, with such administrative powers as the Supreme Court may prescribe. The Supreme Court will also have the power to assign judges to service in their respective divisions. This arrangement should provide the community with a much more effective or- ganization for judicial purposes than it possesses in its present multiplicity of separate courts, in which ade- quate administrative organization and power are lack- ing. The provisions for the appointment of appellate court judges, and of the chief justices of the circuit court of Cook county by the Supreme Court, and for the assign- ment of judges to service in the two divisions of that Proposed New Constitution 19 court, meet with some opposition on the ground that they will unduly enlarge the political power of the Su- preme Court. Even those who make this objection ought to support the new plan in view of its other advantages. The consohdation of the courts carries with it the consolidation of their respective clerk's offices and the abolition of all but one of the five existing elective clerk- ships. This has aroused the opposition of certain pol- iticians. No clerk now serving mil have his term short- ened. But that does not satisfy the persons interested in these jobs. They want them continued in order that factions may fight for them as political spoils in the fu- ture, although their continuation means waste of tax- payers' money and impaired efficiency. Opposition of this sort should stimulate the disinterested citizen to vote for the proposed new constitution. MINORITY REPRESENTATION ABOLISHED One of the most important changes proposed is that relative to the election of members of the Illinois house of representatives. The present constitution provides for 51 districts from each of which three members are elected. Cumulative voting is permitted. This system was designed to permit voters of a minority party by plumping their votes to elect at least one member in each district. However, in practice the party organizations fix the number of nominees and in many cases limit to three the total number to be nominated in a district by the major parties. This not only deprives the voter of any opportunity to choose his representatives but in- evitably tends to lower the standard of representation. Under the proposed plan one member will be elected from each of 153 districts. This change, which is op- posed by many politicians because it may affect their 20 Chicago Bureau of Public Efficiency control of the situation, has long been demanded by pro- gressive-minded citizens. It should do much to improve the membership of the law-making body of the state. The opportunity to secure its adoption should not be lost. LEGISLATIVE APPORTIONMENT The question of legislative apportiomnent and the lim- itation of Cook county's representation was one of the most bitterly contested matters before the Convention. Down-state members proposed that Cook county be lim- ited in both houses. This plan Avas opposed vigorously and successfully by the Cook county delegation. The outcome was a compromise, under which Cook county is given full representation in the lower house in propor- tion to its voting strength, but is limited in the senate to one-third the total membership. The senate is to consist of 57 members, of which 19 will be elected from Cook county. There will be some limitation too in future constitu- tional conventions, which will be composed of two dele- gates from each senatorial district, plus seven to be elected at large from Cook county. This will give a total membership of 121, of whom 45 will be from Cook coun- ty and 76 from the rest of the state. The recent conven- tion consisted of 102 members — ^38 from Cook county, and 64 from down-state. The Bureau believes that any limitation is unsound in principle. However, the state is confronted with a prac- tical situation in which mutual concessions are necessary. Chicago and Cook county are in fact now limited in both houses of the general assembly. Down-state has a sub- stantial majority and for more than ten years has per- sistently refused to obey the mandate of the present con- stitution and to reapportion so as to give Chicago the Proposed New Constitution 21 representation to which it is now entitled. Future legis- latures may and apparently will refuse to reapportion and there is no provision by which they can be compelled to act. Existing districts are grossly unequal in popula- tion and areas throughout the state which have devel- oped rapidly since the last apportionment in 1901 are under-represented. This whole situation is unjust and results in bad feeling which is detrimental both to Chi- cago and to the state at large. The proposed arrange- ment should do much to correct this to the mutual advan- tage of all concerned. The proposed constitution also contains a provision designed to prevent future deadlocks on reapportion- ments, by authorizing three elective state officials to make them if the legislature fails to act. Compromise is called for. The Bureau believes that the one in the proposed constitution is the best that could be effected and that it should be accepted. REFORM OF COUNTY GOVERNMENT County government in Illinois is sorely in need of re- form but changes are practically impossible because of the restrictions in the present constitution. The new constitution, it is true, retains in form practically all the present restrictions. But there is a new section (166) which gives the legislature sweeping powers to reorgan- ize and simplify county government, regardless of such restrictions. These powers are subject to the condition that no plan of reorganization shall become effective in any county until approved by the people of the county on a referendum vote. Under this section, the legisla- ture must act by laws uniform as to classes of counties. Cook county could be treated as a class by itself and a plan of government could be framed for this county as 22 Chicago Bureau of Public Efficiency well as for other counties, suited to its or their special needs. The possibilities for improvement of county gov- ernment under section 166 are much greater than is gen- erally realized. HOME RULE FOR CHICAGO The proposed constitution contains provisions spe- cially applicable to Chicago of very great importance to this community. Whatever tends to improve govern- mental conditions in Chicago must redound indirectly to the benefit of the state at large. Chicago has struggled for years for larger home-rule powers and for full grant of authority to handle its local transportation problems in its own way. The provisions of the new constitution with respect to these matters are exceedingly liberal. If adopted they will operate to give Chicago a status and powers equaled by very few other large cities in the country. In the nature of things, a city cannot be made abso- lutely independent of the state. The line of demarca- tion between powers properly local and those of state- wide concern is not clear and it is not stable. Changing conditions alter situations. A power properly local to- day may affect matters that rightly will be considered of state-wide concern, to-morrow, and vice versa. The leg- islature, of course, must be left free to deal mth matters of general concern. Subject to the stipulation that the city may impose taxes and borrow money only as author- ized by the legislature or by the constitution, and ex- cept as expressly prohibited by law, the city of Chicago is given directly by the constitution ''for all municipal purposes full and complete power of local self-govern- ment and corporate action." The legislature may enact local or special laws for Chi- cago but no such law will take effect until the city con- Proposed New Constitution 23 sents. Legislative denial of power to the city must be by general law. And any law applicable to the municipal affairs of no other city than Chicago is to be deemed lo- cal or special and not a general law. It may be said that powers given to Chicago by the new constitution may be taken away by the legislature by general law. But the change of initiative and of pre- sumption is very important. At present the city of Chi- cago possesses no powers of local self-government ex- cept those expressly given it hy the legislature. When- ever the cit}^ desires to do something not already spe- cifically authorized, it must go to the legislature for an enabling act. The experience of Chicago in seeking much needed enabling legislation of various sorts has been a sorry one. Under the home-rule provisions of the new constitution the situation will be completely reversed. Except as to taxing and borrowing powers, the city of Chicago will have full authority ^\'ith respect to munici- pal aifairs to take such action as it sees fit unless the leg- islature checks it hy general law. It will be an entirely different thing for the legislature by affirmative action, in the face of public opinion, improperly to take power away from Chicago, than it is now to deny needed power by the easy process of blocking the passage of a bill. Then, too, the new constitution gives to Chicago the right to frame and adopt its own charter. The work of framing the document in the first instance must be per- formed by an elective charter convention. The charter so framed w^ll become effective when approved by the people of the city on a referendum vote. As to structure or form of government, as distinguished from powers, the charter of the city is to prevail over state laws. The form of government for municipal purposes cannot he modified hy the legislature. Future amendments to the charter are to be made in such manner as the charter it- 24 Chicago Bureau of Puhlic Efficiency self may prescribe. The charter may provide for the initiative, referendum and recall in municipal affairs if the people of Chicago favor such measures. THE TRACTION QUESTION The city of Chicago is given directly by the new con- stitution, subject to regulation by general law, power to ''own, acquire, construct, operate, sell, pledge, lease or let public utilities or buy or sell the service thereof." This is merely a constitutional recognition of the power now possessed under the acts of the legislature. With reference to transporta.tion and water, the city of Chi- cago also is given directly by the new constitution suf- ficient borrowing power to finance any project upon which it may care to embark. This power may be exer- cised only upon a referendum of the people of the city. The right to issue city bonds for transportation and water is in addition to the ordinary limit of borromng power otherwise fixed in the constitution. A publicly owned transportation system must pay taxes like pri- vately owned property. ^Tiere the city makes use of the additional borrowing power in excess of the ordinary limit it must maintain rates of fare high enough to make the property self-supporting. This carefully safeguarded provision of the new con- stitution ^sn^\ make possible municipalization of the trac- tion system of Chicago under conditions that will encour- age efficient management and not be a menace to the tax- payers. Heretofore what has seemed to be the popular desire for direct municipal ownership could not be re- alized because of lack of financial power. Political con- fusion and demoralization have been the consequence. The progress and development of the community re- quire that the city be given adequate power to deal with the traction question in such manner as public opinion Proposed New Constitution 25 may deem wise. This power is given by the new consti- tntion. Failure to secure this power by rejecting the new constitution is likely to continue the traction issue as a demoralizing factor in politics and to leave the city a victim of poor transportation service. The Bureau is strongly of the opinion, therefore, that all public-spirited citizens — conservatives and progressives alike — should unite in voting for the new constitution. An increasing number of citizens, even those who have seriously doubted the wisdom of municipal ownership and particularly of municipal operation, are becoming convinced that service improvements and additional fa- cilities are practically and politically possible only through the use of public credit. Public ownership and public operation are not necessarily linlved together. In case the new constitution shall be adopted, and the city shall buy the existing local transportation lines and pro- vide money for additional facilities, three plans of oper- ation will be available. (1) The city could operate the system itself. (2) It could lease the system for operat- ing purposes to a non-profit-making trustee corporation. Or (3), it could lease the system to a profit-making pri- vate corporation. CONSOLIDATION OF LOCAL GOVERNMENTS The proposed new constitution provides that the char- ter of the city of Chicago may provide for the consolida- tion of all local governments (except the county) exer- cising powers within the city. The present constitution authorizes the legislature to provide for the consolida- tion of local governments entirely within the city. This does not include the Sanitary District of Chicago or the Forest Preserve District of Cook County. Acting under this authority, the general assembly has passed the park consolidation act which may become effective if approved 26 Chicago Bureau of Public Efficiency by the voters. The new constitution will transfer the ini- tiative in consolidation matters from the legislature to the charter making power of the city and will enable the city to take over the functions of the Sanitary Dis- trict and of the Forest Preserve District if it desires to do so and the voters of the respective districts approve. In case of consolidation of these two latter bodies the city assumes entire responsibility for the operation and maintenance of their functions and properties, and is obligated to provide without charge sewage disposal service in the territory of the Sanitary District outside the city to the extent that it is then being furnished. Ad- ditional service may be required at cost. Property out- side the city will be relieved of taxation for sanitary district and forest preserve purposes. As an alternative to the provisions for consolidation through the charter making power, the legislature is au- thorized to provide additional methods for consolidating local governments "with the city of Chicago. The availability and value of these additional consoli- dation provisions will depend upon the willingness of the people to accept the conditions imposed and the lib- erality with which the courts construe the powers which the Convention intended to confer upon the legislature. The legislature is also authorized to provide for city- county consolidation, subject to separate approval by the voters of the city and of the voters of the county outside the city. This last limitation makes it possible for the minority outside the city to veto any attempt to consoli- date the city and county and renders the provision prac- tically worthless. Proposed New Constitution 27 THE SHORT BALLOT The Convention rejected the proposal to reduce the number of elective state officers. The judiciary article will shorten the ballot somewhat. The clerk of the Su- preme Court, and clerks of appellate courts, now elective, will be appointive by the respective courts. Court uniti- cation in Cook county will operate ultimately to reduce from five to one the number of elective court clerks in this community. As the result of making appellate court judges appointive, and of court unification in Cook coun- ty, the number of elective judges will be lessened. The legislature is authorized to make the county superinten- dent of schools appointive. Under section 166, intended to authorize reorganization and reform of county govern- ment, it will be possible to reduce very greatly the num- ber of elective county officers. OTHER PROVISIONS Among the provisions of lesser importance contained in the proposed new constitution, some of which are en- listing widespread public interest, are the following : 1. Zoning- and Excess Condemnation. There are de- sirable provisions of importance relating to zoning and excess condemnation. 2. Legislative Procedure. There are provisions de- signed to improve legislative procedure. 3. Juries. The general assembly is authorized to pro- vide that women may be eligible to serve as jurors. It also may provide for juries of less than twelve in all civil cases. The right of trial by jury may be waived ex- cept in capital cases. 4. Pension Funds. There is a provision authorizing 28 Chicago Bureau of Public Efficiency tlie general assembly to give a vested interest in the ac- cumulated portion of any pension fund to which an officer or employe is required to contribute. 5. Bible Reading in the Public Schools. Until about twelve years ago, the present constitution had not been construed to prevent Bible reading in the public schools. In communities where it was desired, such reading pre- vailed; in others it did not. In 1910, however, the Illi- nois Supreme Court held that Bible reading even without comment in the public schools was unlawful under the present constitution. The proposed constitution contains a provision designed to overcome the effect of that de- cision and to permit the general assembly or local school authorities to provide for Bible reading without com- ment. The new provision will permit, but will not require, such reading. 6. No Color or Racial Discrimination. It is stipulated that laws shall be applicable to all citizens without regard to race or color. 7. Farm Loans. The legislature is authorized to provide for lending money of the state on farm lands. Any act providing therefor must be approved on a refer- endum vote. 8. Forestry. The legislature is directed to pass laws to encourage forestry, and to that end it is author- ized to classify for purposes of taxation, or to exempt from taxation, areas devoted to forests or forest culture. Some objection is raised to these provisions on the ground that real estate speculators may take advantage of them to escape taxation. They were inserted at the instance of farming groups who believe in the encour- agement of re-f orestration and who sincerely argued that even low priced lands could not be devoted to this pur- pose if subjected to full taxation. It may be assumed Proposed New Constitution 29 that the legislature will so act as to prevent the abuses feared. 9. County Assessors. It is provided that in all coun- ties, except Cook, there shall be a county assessor to be selected as provided by law. 10. Waterways. The legislature, without further re- ferendum vote on that specific matter, is authorized to appropriate $10,000,000 for waterway construction, in addition to the $20,000,000 bond issue for that purpose approved on a referendum in 1908. On account of ad- vanced prices, it is said the waterway cannot be com- pleted for the original estimate of $20,000,000. 11. Election Matters. The new document includes a provision limiting elections to one each year, and fixing the date at the first Tuesday after the first Monday in November, in all counties other than Cook, which was excepted as a result of protests from Chicago. In Cook county, the judge of the county court at the time of the adoption of the new constitution will continue dur- ing his term or until otherwise provided by law to exer- cise control and supervision over election matters in Chi- cago. The general assembly prior to July 1, 1925, is to pro^^de that the control over elections now vested in the county judge shall devolve upon some elective county of- ficer or officers. Under the new court plan the county judge becomes one of the judges of the circuit court and the position of county judge in Cook county is abolished. 30 Chicago Bureau of Public Efficiency SOME OBJECTIONS ANSWERED In view of the many advantages of the proposed con- stitution it is frequently asked, what are the objections to it and what weight should be attached to them? What are the arguments that lead some citizens to oppose it? Many of the objections raised are due to misinforma- tion, prejudice or petty self-interest. Others possess merit and are honestly regarded as serious matters by some persons. The Bureau believes, however, that even objections of this type are clearly outweighed by the beneficial provisions of the proposed document. The objections most frequently urged in connection with the provisions relating to the amending clause, rev- enue, the courts, minority representation, limitation of representation, prosecutions by information, bail and forestry have been referred to in the preceding parts of this statement. Two other questions also justify specific consideration. It is objected that the proposed constitution contains no provision for the initiative, referendum and recall. Neither does the present constitution. Nothing will be gained, therefore, by rejecting the proposed. On the contrary, if the proposed constitution is adopted, and there is still public demand for such provisions, it will be easier to secure them in the future under the more liberal provisions of the new amending clause. Objection is also raised to section 21, which provides that "the republican form of government of this state shall never be abandoned, modified or impaired." It is said to be aimed at the initiative, referendum and recall. This section applies only to the government '*of this state." Under any reasonable interpretation it will have no application to the affairs of local governments, in Proposed New Constitution 31 which the use of the initiative, referendum and recall may be provided for if the people so desire. It would not prevent such features in the home rule charter for Chicago. So far as the state government is concerned the initiative, referendum and recall are largely prohib- ited by other specific provisions of both the present and proposed constitutions, and can be secured only through constitutional amendment. The effect of the new sec- tion therefore is negligible whatever may have been its purpose. The Bureau believes that this section is tactless and unwise but that otherwise it is of no practical conse- quence. It wiU be ignored in voting on the new consti- tution by those who care more for the substance of prog- ress than they do for mere phrases. For the various reasons set forth in tliis statement the Chicago Bureau of Public Efficiency urges voters to vote *'Yes" on the proposition ''Shall the Proposed New Constitution Be Adopted?" Additional copies of this statement may be had free of cost upon application to the Chicag^o Bureau of Public Efficiency, 315 Plymouth Court. 137 PRIOR PUBLICATIONS. (Continued from Iniiide front cover) ae Bond laaaea to B« Toted Upon April 7, lBt4. Marcli 84, 1014. Second Pl«a tor Publicity In the Office of County Treasurer. July 0, 1914. The Nineteen liocal Govemmenta In Chlcaso. (Second Edition.) March. 191S. (Out of Print.) fiZT. Unlflcatlon of Local GoTcmmenta In Chicago. January, 1817. 28. The City Sfanagrer Plan for Chicago. October, 1917. 28. The County Bond laanea to Be Voted Upon November 0, 1017. October 30, 1917. 30. Primary Daya and Election Daya aa Holldaya. An Inatance of Governmental Abaurdlty and Waste. November 5, 1817. (Out of Print.) 31. Chicaero'a Financial Dilemma. Reply to a Letter from City Oflldala Asking' Ci^'ic Organlcatlona to Co-operate in Urging a Special Seaaloa of the Legla- lature to Provide Financial Relief for the City. December, 1017. 32. The Water l^'^orka Syatem of the City of Chicago. December, 1817. 33. Universal Metering of Chicago's Water Supply. The Need for It—What It W^ould Accompllah. July, 1818. 31. Excess Condemnation. Why the City of Chicago Should Have the Power, in Making Public Improvements, to Take Property In Excess of Actual Require- ments. September, 1818. (Out of Print.) 35. Chicago's Special Need for a Constltutional^Conventlon. October 21, 1818. 36. Proposed Tax Increaaes for the City of Chicago, the Board of Education, nnd Cook County. June, 1818. (Out of Print.) 37. Shall the City of Chicago Employ Permanently 1,000 Additional Policeman f September 5, 1818. 38. Consolidation of Local Governnieuts in Chicago. Droft of a Proposed Article cf the Constitution of the Stnte of Illinois Providing for the Consolidation of Local Govemmenta Having Jurisdiction Wholly or Partly Within the City of Chicago. Together vrlth Explanatory Statement. January, 1020. 39. The City Bond Issues To Be Voted Upon April 13, 1920. April 6, 1020. 40. The High Cost of Elections in Chicago and Cook County. January, 1021. 41. The City Bond lasne To Be Voted Upon February 22, 1821. February 15, 1821. 42. The Jail Bond Issue To Be Voted Upon Monday, June 6, 1821. May 31, 1821. 43. Propoaed Increases in Revenue for the Chicago SchcMtla. June 0, 1821. 44. A Proteat Agalnat the Propoaed Nevr County Road Tax. April 1, 1822. 45. Suggeationa For Avoiding an Unnecessary Increase In School Taxea. April 4, 1922. 4C. A Second Proteat Agalnat the Propoaed Nevr County Rond Tax. AprU 22, 1022. 47. The City Bond laauea To Be Voted Upou June 5, 1822. June 1, 1822. 48. The Proposed New Constitution for Illinois io be Voted Upon December 12, 1822. Text of Proposed Constitution with Kxplnnatory Comments. Also text of Constitution of 1870 with Cross Refereneett. October, 1022.