■LIBRAR1 3j~?.a ? ?j> C/7 Univ.of ill. Library 54 H3C 'L l B R.A FLY OF THE U N IVLR.5 ITY Of ILLINOIS C. E. WHITE, Mayor, Elected in 1905. rainanaes ■OF THE 'a,pi§ndal@, Illinois : )$uMtshrb h\t ^utJmrit^ nf thr Cit\i Cmtitril llrtuscfr, Citmptlrfr aith JVniurtateh b*t (Ehiunas B. If. ;S*mith f JVttimt^ at ^Cato aith (fit^ ,Attimtr^ Carbondale, Illinois: Herald Print, Digitized by the Internet Archive in 2016 with funding from University of Illinois Urbana-Champaign Alternates https://archive.org/details/revisedordinance00carb_0 /S ' 3 TABLE OF CONTENTS. >0 *o Preface 4 List of City Officers 6 Order of Business 17 Preamble and Ordaining Clause 18 Chapter I — Animals 19 Chapter II— Auctioneers and Auctions 34 Chapter III— Amusements 36 Chapter IV— Billiard Tables and Other Games 39 Chapter V — Boundaries — Wards— City Property — Corporate Seal 42 Article I. Boundaries 42 Article II. Division into Wards 42 Article III. City Property 43 Article IV. Corporate Seal 44 Chapter VI— Cemeteries 45 Chapter VII— City Council 50 Chapter VIII— City Officers— Their Duties and Official Bonds 54 Chapter IX— City Contracts 70 Chapter X — Census — Fiscal and Municipal Years 75 Chapter XI — Draymen, Hackmen and Hotel Runners 76 Chapter XII— Elections 78 Article I. Elections in General 78 Article II. Contesting Elections 83 Chapter XIII— Fees and Salaries 86 Chapter XIV— Franchises 89 Chapter XV— Fire Department 90 Article I. Fire Limits and Buildings 90 Article II. Fires and Fire Company 94 Chapter XVI— Health 96 Chapter XVII— City Jail and Jailer 99 Chapter XVIII— Licenses 104 Article I. Licenses in General 104 Article II. Application for — How Issued, Payment. Etc 108 Chapter XIX— Nuisances 113 Chapter XX— Ordinances 117 Chapter XXI— Peddlers 122 Chapter XXII— Plats 124 Chapter XXIII— Penal Code and Practice 123 Article I. Offenses Against the Peace of the City 125 Article II. Offenses Against the Peace and Morals of the City — 130 Article III. Miscellaneous Offenses 138 Article IV. Practice 146 Chapter XXIV — Railroads 157 Chapter XXV — Reports of Officers 159 Chapter XXVI— Scales, Lumber Yards, and Livery Stables 164 Chapter XXVII — Streets, Street Labor, and Sidewalks 165 Article I. What Are Public Highways 165 Article II. Streets 166 Article III. Street Labor 169 Article IV. Sidewalks 171 Chapter XXVIII— Taxes 172 Chapter XXIX — Miscellaneous Ordinances 174 Certificate of the City Clerk 178 Ordinance Authorizing Publication 179 Certificate of the City Clerk 180 Chapter XXX— Speeial Ordinances 181 Ordinance 148. Granting Electric Light Franchise to R. D. Bradberry 181 Ordinance 253. Authorizing Contract for Street Lighting 184 Ordinance 206. Permit to Standard Oil Company 186 Ordinance 199. Granting Telephone Franchise to C. L. Downey 187 Ordinance 301. Authorizing and Regulating Saloons 190 Ordinance 311. Prohibiting Sale of intoxicating Liquors on Sunday — 193 Ordinance 273. Water Works Franchise 19S Ordinance 290. Relating to Sewers, Plumbing, and Drain Laying 198 Ordinance 229. Relating to Loitering on Streets at Late Hour of Night 208 Ordinance 293. Weights and Measures 209 Ordinance 298. Sputum Ordinance 212 Ordinance 295. Granting Telephone Franchise to Elkville Company 212 Ordinance 296. Granting Telephone Franchise to Carbondale Company 215 Ordinance 220. Regulating the Construction of Privies 219 Ordinance 247. Granting Franchise to H. C. Curtis and Others 220 Ordinance 303. Authorizing the Issue of Bonds 221 Ordinance 312. Regulating the Distribution and Sale of theRevised Ordinances.. 226 Certificate of City Clerk 227 PREFACE. The reviser and compiler of this work believes that a careful examination of the same will convince anyone that the plan of revision and compilation is simple and convenient. Neither time nor labor has been spared in making it so. All the revised ordinances are arranged and grouped into one ordinance, with proper ordaining clause, as the statute requires. The whole is divided into chapters, alphabetically arranged, with appropriate titles, headnotes, parts and sections. This revision and compilation contains thirty (30) chapters, and each of them contains new provisions which the reviser and compiler believes to be a decided improvement over all former revisions and compilations. Such a work has long been needed in our city, for the laws and ordi- nances have reached a very chaotic condition which made it impossible, in many instances, to know just what the law was. Our city has grown very rapidly in the past few years, and when this is the case the new conditions must be met by corresponding changes in the laws and ordinances. Many changes will be found in this book, particularly in the Penal Code and Prac- tice, which will, I think, prove to be very complete and comprehensive. The whole has been prepared in T. B. F. SMITH, City Attorney. Elected in 1905. 5 thorough conformity with the Revised Statutes of the State of Illinois, so that nothing may be feared in that regard. Throughout, the reader will find references to the Illinois Statutes, Illinois Supreme and Appellate Court Reports, and to other authorities of known standing. These will assist the reader in the proper study of the ordinances. Following the revised ordinances, are printed all special acts and ordinances which were not subject to revision. They are designated “Special Ordinances of the City of Carbondale.” The reviser hopes that this little work will be read and studied by our citizens; that its provisions will be followed and respected and enforced, not only by all officers, but by all our people. Let our sentiment be, “It is the law, and the law must be obeyed.” In this way, even our worst citizens will learn to respect the law and our officers can more effectively enforce the law. THOMAS B. F. SMITH, Reviser and Compiler. Carbondale, Illinois, October, 1905. 6 LIST OF OFFICERS OF CITY. The first name in each list, up to and including the list for the year 1868, were presiding officers of the boards of trustees. 1856. James M. Morgan, James M. Campbell, Gabriel Sanders, Asgil Conner, Alfred Singleton. 1857. James M. Morgan, James M. Campbell, R. R. Blackman, Asgil Conner, Samuel C. Atkins. 1858. Robert H. Marron, James M. Campbell, Claiborn Barrow, Asgil Conner, Henry Sanders. 1859. Robert H. Marron, James M. Campbell, Claiborn Barrow, Asgil Conner, Henry Sanders. 1860. Robert H. Marron, James M. Campbell, Claiborn Barrow, Asgil Conner, Henry Sanders. 7 1 86 1 . James M. Campbell, James M. Reynolds, Levi B. Clements, Asgil Conner, Henry Sanders. 1862. James M. Campbell, Isaac M. Kelly, Claiborn Bar- row, Levi B. Clements, Asgil Conner, Henry Sanders. 1863. Isaac M. Kelly, James M. Campbell, Claiborn Bar- row, Levi B. Clements, Silas G. Hindman. 1864. Silas G. Hindman, Richard Dudding, William Scur- lock, Levi B. Clements, James M. Richart. 1865. Asgil Conner, John W. Lawrence, William Hooker, Willis A. Spiller, Joseph Ennisson. 1866. William Hadley, Joseph M. Hamilton, Samuel C. Atkins, Isaac Rapp, William D. Harris. 1867. William Sykes, Stephen Blair, William H. Hord, George W. Feltes, Joseph Ennisson. 1868. Stephen Blair, S. G. Hindman, Willis A. Spiller, William Sykes, George W. Feltes. i86q. James B. Richart, mayor; Peter A. Smith, Samuel A. Flagler, S. A. Walker, Stephen Blair. 8 1870. James B. Richart, mayor; James M. Scurlock, S. A. Flagler, James D. Gage. 1871. Samuel A. Flagler, mayor (resigned, and James H. Crandall elected mayor in his stead) ; James H. Cran- dall, Daniel J. White, Samuel C. Atkins, James D. Gage. 1872. James H. Crandall, mayor; Andrew C. Bryden, James W. Darling, H. F. Goe, James M. Richart. 1873- A. J. Backus, mayor (died, and William A. Lemma elected in his stead) ; Samuel Michaelis, Eli D. Cannon, Thomas C. Atkins, Charles Burton. 1874. William A. Lemma, mayor; William H. Wood- ward, clerk; David N. Hamilton, attorney; E. S. Rob- ertson, treasurer; E. M. Norbury, marshal; James M. Prickett, police magistrate; aldermen — hirst ward, James Hill, William Mellor; Second ward, John W. Spiller, Eli D. Cannon; Third ward, James M. Bolling, James Moore. ^ 75 - William A. Lemma, mayor; W. H. Woodward, clerk; A. D. Norman, attorney; E. S. Robertson, treas- urer; William H. Baird, marshal; James M. Prickett, po- lice magistrate; aldermen — First ward, O. T. Prickett; James Hill; Second ward, D. W. McFaden, John Spiller; Third ward, James Moore, James M. Bolling. 9 1876. William A. Lemma, mayor; W. H. Woodward, clerk; A. D. Norman, attorney; E. S. Robertson, treas- urer; O. P. Hightower, marshal; James M. Prickett, po- lice magistrate; aldermen — First ward, Sam T. Brush, O. T. Prickett; Second ward, Robert Bryden, D. W. McFaden; Third ward, John Hayden, James Moore. 1877. F. A. Prickett, mayor; O. H. Abel, clerk; S. H. Haynes, attorney; J. M. Scurlock, treasurer; O. P. Hightower, marshal; James M. Prickett, police magis- trate; aldermen — First ward, L. H. Carlton, Sam T. Brush; Second ward, D. W. McFaden; Third ward, L. W. Martin, John Hayden. 1878. F\ A. Prickett, mayor; O. H. Abel, clerk; S. H. Haynes, attorney; J. M. Scurlock, treasurer; W. D. Thomas, marshal; Sam. E. North, police magistrate; aldermen — First ward, Sam T. Brush, L. H. Carlton; Second ward, D. W. McFaden, L. W. Martin; Third ward, John Hayden, C. C. Thomas. 1879. E. J. Ingersoll, mayor; O. H. Abel, clerk; John W. Burton, attorney; J. M. Scurlock, treasurer; J. M. Bar- low, marshal; Sam. E. North, police magistrate; aider- men — First ward, W. H. Hudson, Sam T. Brush; Second ward, Ed. Brown, C. C. Thomas; Third ward, John H. Burket, John Hayden. 1880. E. J. Ingersoll, mayor; O. H. Abel, clerk; John W. Burton, attorney; J. M. Scurlock, treasurer; W. W. IO Colvin, marshal; Sam. E. North, police magistrate; al- dermen — First ward, Sam T. Brush, W. H. Hudson; Second ward, Ed. Brown, C. C. Thomas; Third ward, John Hayden, John H. Burket. 1881. E. J. Ingersoll, mayor; O. H. Abel, clerk; W. P. Lightfoot, attorney; F. A. Prickett, treasurer; W. W. Colvin, marshal; Sam. E. North, police magistrate; al- dermen — hirst ward, Isaac Rapp, James H. Harvey; Second ward, Ed. Brown, C. C. Thomas; Third ward, W. H. Brewster, John Hayden. 1882. E. J. Ingersoll, mayor; O. H. Abel, clerk; W. P. Lightfoot, attorney; E. A. Prickett, treasurer; A. D. Hindman, marshal; Sam. E. North, police magistrate; aldermen — First ward, M. R. Embree, James H. Har- vey; Second ward, Ed. H. Elliott, Ed. Brown; Third ward, Patrick Leary, L. H. Carlton. 1883. E. J. Ingersoll, mayor; J. G. Sims, clerk; W. P. Lightfoot, attorney; S. S. Kimmel, treasurer; W. W. Colvin, marshal; Sam. E. North, police magistrate; al- dermen — First ward, Sam. Hewitt, M. R. Embree; Sec- ond ward, G. W. Graham, Ed. H. Elliott; Third ward, Thomas Brown, Patrick Leary. 1884. E. J. Ingersoll, mayor; J. G. Sims, clerk; W. P. Lightfoot, attorney; S. S. Kimmel, treasurer; W. R. Wooten, marshal; Sam. E. North, police magis- trate; aldermen — First ward, Charles Gager, Sam. I Hewitt; Second ward, J. J. Robertson, G. W. Graham; Third ward, Patrick Leary, Thomas Brown. 1885. E. J. Ingersoll, mayor; O. H. Abel, clerk; B. W. Moore, attorney; P. A. Prickett, treasurer; W. R. Wooten, marshal; Sam. E. North, police magis- trate; aldermen — First ward, E. P. Purdy, Charles Gager; Second ward, R. D. Owen, J. J. Robertson; Third ward, William Mellor, L. H. Carlton. 1886. E. J. Ingersoll, mayor; O. H. Abel, clerk; E. L. Abel, attorney; F. A. Pricket, treasurer; W. R. Wooten, marshal; A. B. Parmelee, police magistrate; aldermen — First ward, W. L. Durkee, A. F. Bridges; Second ward, J. J. Robertson, R. D. Owen; Third ward, William Mellor, L. H. Carlton. 1887. J. H. Burket, mayor; W. H. Hudson, jr., clerk; R. T. Lightfoot, attorney; C. F. Prickett, treasurer; W. R. Wooten, marshal; A. B. Parmelee, police magistrate; aldermen — P'irst ward, W. L. Durkee, A. F. Bridges; Second ward, J. C. Salter, J. J. Robertson; Third ward, Simeon Walker, L. H. Carlton. 1888. J. H. Burket, mayor; W. H. Hudson, jr., clerk; R. T. Lightfoot, attorney; C. F. Prickett, treasurer; W. J. Parish, marshal; L. W. Throgmorton, police magis- trate; aldermen — First ward, A. F. Bridges, W. L. Durkee; Second ward, Charles Deason, J. C. Salter; Third ward, Hugh Lauder, Simeon Walker. i88q. Hugh Lauder, mayor; W. H. Hudson, jr., clerk; M. M. Thompson, attorney; R. G. Sylvester, treasurer; W. H. Brewster, F. M. Taylor, marshals; L. YV. Throg- morton, police magistrate; aldermen- — First ward, J. M. Johnson, A. F. Bridges; Second ward, L. L. Watson, Charles Deason; Third ward E. B. Putnam, G. W. Entsminger. 1890. Hugh Lauder, mayor; W. H. Hudson, jr., clerk; M. M. Thompson, attorney; R. G. Sylvester, treasurer; F. M. Taylor marshal; J. W. Grammer, police magis- trate; alderman — P'irst ward, F. Phoenix, J. M. Johnson; Second ward, James Anderson, L. L. Watson; Third ward, G. W. Entsminger, E. B. Putnam. 1891. J. H. Searing, mayor; W. E. Robertson, clerk; T. S. Thompson, attorney; F. A. Prickett, treasurer; Alex. Crowell, R. W. Morton, Joshua Winchester, Charles Crowell, E. H. Grammer, marshals; J. W. Grammer. police magistrate; aldermen — P'irst ward, J. M. John- son, C. W. Purdy; Second ward, L. L. Watson, James Anderson, (both resigned and J. M. Richart and J. M. Evans elected in their places) ; Third ward, C. C. Law- rence, G. W. Entsminger. 1892. J. H. Searing, mayor (resigned and A. M. Lee elected by the council) ; W. E. Robertson, clerk; T. S. Thompson, attorney; P'. A. Prickett, treasurer ; James M. Johnson, A. D. Grant, Wm. D. Rider, marshals; J. W. Grammer, police magistrate; aldermen — First ward, J. 13 M. Johnson, J. F. Duff; Second ward, J. M. Dillinger, J. M. Richart; Third ward, A. M. Lee, C. C. Lawrence. 1893. J. M. Johnson, mayor; Simeon Walker, clerk; J. H. B. Renfro, attorney; A. F\ Bridges, treasurer; Wm. D. Rider, marshal; J. W. Grammer, police magistrate; aldermen — First ward, J. F. Duff, James C. Brush; Second ward, L. L. Watson, J. M. Dillinger; Third ward, A. M. Lee, C. C. Lawrence. 1894. J. M. Johnson, mayor; Simeon Walker, clerk; J. H. B. Renfro, attorney; A. F. Bridges treasurer (died in office, succeeded by M. M. -Thompson) ; Wm. D. Rider, J. J. Robertson, marshals; I. C. Batson, police magis- trate; aldermen — Fdrst ward, O. Barbour, E. H. Brush; Second ward, J. H. Cole, L. L. Watson; Third ward, Henry Crawshaw, A. M. Lee. (License Board.) 1895. Thomas F. Hord, mayor; Ben Wharton, clerk; J. F. Taylor, attorney; H. R. Searing, treasurer; John W. Toler, marshal; A. S. Caldwell, police magistrate; alder- men — First ward, FI. C. Mitchell, T. K. Mackey; Sec- ond ward, L. L. Watson, John FI. Cole; Third ward, A. M. Lee, W. H. Brewster. 1896. Thomas F\ Hord, mayor (moved out of town and L. L. Watson elected by council in his place) ; F. M. Caldwell, clerk; J. F. Taylor, attorney; H. R. Searing, treasurer; John W. Toler, marshal; A. S. Caldwell, po- lice magistrate; aldermen — First ward, H. C. Mitchell, 14 L. L. Prickett; Second ward, J. M. Evans, L. L. Wat- son; Third ward, Henry Crawshaw, W. H. Brewster. 1 8Q7- Hugh Lauder, mayor; F. M. Caldwell, clerk; J. H. Burket, attorney; W. H. Ashley, treasurer; J. J. Rob- ertson, A. H. North, marshals; A. S. Caldwell, police magistrate; aldermen — First ward, J. T. McAnally, L. L. Prickett; Second ward, H. A. Ingersoll, J. M. Evans; Third ward, Isaac Ledbetter, Henry Crawshaw (moved out and Horace Wickham elected to fill the vacancy). 1898. Hugh Lauder, mayor; F. M. Caldwell, clerk; J. H. Burket, attorney; W. H. Ashley, treasurer; J. J. Rob- ertson, J. W. Toler, marshals; W. P. Lightfoot, police magistrate; aldermen— First ward, L. L. Prickett, J. T. McAnally; Second ward, E. W. Barth, H. A. Ingersoll; Third ward, E. D. Travelstead, Horace Wickham. 1899. J. M. Dillinger, mayor; F. M. Caldwell, clerk; J. F. Taylor, attorney; H. R. Searing, treasurer; G. J. Walker (served two months and J. J. Robertson appointed) and J. D. Etherton, marshals; W. P. Lightfoot, police magistrate; aldermen — First ward, J. T. McAnally, L. L. Prickett; Second ward, M. R. Fakes, E. W. Barth; Third ward, E. D. Travelstead, H. E. Lightfoot. 1900. J. M. Dillinger, mayor; F. M. Caldwell, clerk; J. H. Burket, attorney; H. R. Searing, treasurer; J. ]. Rob- ertson, J. D. Etherton (latter served one month and i5 D. C. Brown appointed), marshals; W. P. Lightfoot, police magistrate; aldermen — First ward, J. T. Mc- Anally, H. C. Mitchell; Second ward, M. R. Fakes, H. A. Ingersoll; Third ward, H. E. Lightfoot, G. W. Ents- minger. 1901. J. T. McAnally, mayor; F. M. Caldwell, clerk; A. L. Spiller, attorney; W. H. Ashley, treasurer; J. J. Rob- ertson, D. C. Brown, marshals; W. P. Lightfoot, police magistrate; aldermen — First ward, John Keesee, H. C. Mitchell; Second ward, C. E. White, H. A. Ingersoll; Third ward, J. N. Howell, W. E. Bush; Fourth ward, J. W. Hanford, G. W. Entsminger. 1902. J. T. McAnally, mayor; F\ M. Caldwell, clerk; A. L. Spiller, attorney; W. H. Ashley, treasurer; J. J. Rob- ertson, D. C. Brown, marshals; J. H. B. Renfro, police magistrate; aldermen — First ward, John Keesee, FTank Clements; Second ward, C. E. White, H. A. Ingersoll; Third ward, J. N. Howell, W. E. Bush; F'ourth ward, J. W. Hanford, J. M. Etherton. 1903. E. E. Mitchell, mayor; F. M. Caldwell, clerk; D. V. Youngblood, attorney; H. R. Searing, treasurer; J. J. Robertson, D. C. Brown, marshals; J. H. B. Renfro, police magistrate; aldermen — First ward, Frank Clem- ents, H. C. Curtis; Second ward, C. E. White, H. A. Ingersoll (died in office) ; Third ward, W. E. Bush, John Hayden; F'ourth ward, E. D. Travelstead, J. M. Eth- erton. i6 1904. E. E. Mitchell, mayor; F. M. Caldwell, clerk; D. V. Youngblood, attorney; H. R. Searing, treasurer; J. J. Robertson, D. C. Brown, marshals; J. H. B. Renfro, po- lice magistrate; aldermen — First ward, E. S. Patten, H. C. Curtis; Second ward, J. M. Anderson, C. E. White; Third ward, John Hayden, Henry Young; Fourth ward, E. D. Travelstead, J. M. Etherton. 1905. C. E. White, mayor; F. M. Caldwell, clerk; T. B. F. Smith, attorney; A. G. Purdy, treasurer; J. J. Rob- ertson, F. A. Strohink, marshals; J. H. B. Renfro, police magistrate; aldermen — Phrst ward, E. S. Patten, J. M. Dillinger; Second ward, J. M. Anderson, W. H. Inger- soll; Third ward, Henry Young, W. G. Spiller; P'ourth ward, J. M. Etherton, George A. Campbell. 17 ORDER OF BUSINESS. 1. Calling the roll of Aldermen and noting ab- sentees. 2. Reading minutes of previous meeting, amend- ing, correcting, and disposing of the same. . Reports of city officers — (a) The Mayor. (b) The City Clerk. (c) The City Attorney, Police Magistrate, and Marshals. (d) The City Treasurer. (e) The Street Commissioner. 4. Reports of Special Committees in the order of priority of appointment, unless otherwise specially ordered. 5. Reports of Standing Committees — (a) Street Committee. (b) Finance Committee. (c) Ordinance Committee. (d) Police and Jail Committee. (e) Cemetery, 6. Receiving and referring petitions. 7. Reading and disposing of communications. 8. Consideration of claims, bills, and other de- mands. 9. Unfinished business and business lying over. 10. New and miscellaneous business. 11. Adjournment. i8 ORDINANCES OF THE ORDINANCES. An Ordinance In Revision and Consolidation of the General and Revised Ordinances of the City of Carbondale, Illinois. Whereas, It is necessary that the general and re- vised ordinances of the City of Carbondale, Jackson County, Illinois, should be revised and compiled; and Whereas, It is expedient and desirable that they should be consolidated and arranged in appropriate chapters, articles and sections, and that the whole should be made as concise, clear and intelligible as pos- sible; therefore Be it ordained by the City Council of the City of Carbondale, as follows; that is to say: CITY OF CARBONDALE 19 CHAPTER I. ANIMALS. Article I. Their running at large. Article II. Leaving teams un- hitched, obstructing streets, hitching to shade trees. Article III. Article IV. Article V. Article VI. Dead animals. Dogs. Cruelty. Butchering. ARTICLE I. THEIR RUNNING AT LARGE. i Kinds Not to Run at Large — Conditions. Sec- tion 1. It shall be unlawful for any animal of the kind or species of horse, ass, mule, cattle, sheep, goat, swine, or geese to run at large or go unrestrained within the corporate limits of this city; and the running at large, as aforesaid, of any or all of the aforesaid animals is hereby declared a nuisance, which the city marshal or pound master shall instantly abate upon view by taking up and confining any such animal in some certain pen, stable, or inclosure, to be known and designated as the pound of said city: Provided , however , that the passage of such animal or animals through or over the streets and avenues of said city while being driven from one inclosure to another, or while going to or returning from grounds lying beyond the city limits, and the herding and grazing of such animal or animals upon such grounds in such manner, and under such care, re- straint and control of drivers or herders as during such passage, herding, feeding and grazing, shall effectually restrain and govern the movements of, and prevent, 20 ORDINANCES OF THE such animal or animals from passing upon sidewalks, or feeding, grazing or trespassing upon any private or city property without permission of the owner, shall not be considered a violation of this section. [All references in the annotations to the Revised Statutes are to Hurd’s Revision of 1903, and the abbreviation R. S. is uniformly used for Revised Statutes. — The Reviser.] General Statute in regard to animals running at large, R. S. Chap- ter 8, Sections 1-14. Authority of city council to prohibit animals running at large, R. S. Chapter 24, Article V, Section 1, clause 80. Where animals escape from their owner and are immediately pur- sued, they are not liable to be impounded. Neglect of proper care to restrain, or wrongful intent to suffer them to run at large, is neces- sary to charge the owner under the ordinance. Kinder vs. Gillespie, 63 111. 88. The Legislature has conferred upon cities power to declare what shall constitutte a nuisance and to provide for abating the same. Roberts vs. Ogle, 30 111 . 459; Westgate vs. Carr, 43 111 . 450. 2 Penalty. Sec. 2. Whoever, being the owner or having control of any domestic animal of the species mentioned in section t of this chapter, shall turn, or cause the same to be turned, loose in any street, alley, common or public place, or suffer the same to run at large or go unrestrained within the limits of the city, shall, upon conviction, be fined not less than two nor more than ten dollars for each offense, and in like sum for every day that such animal or animals shall be suf- fered to run at large after conviction under the provi- sions of this ordinance. R. S. Chapter 8, Section 2. 3 Pound. Master — Appointment of — Compensation. Sec. 3. The office of pound master is hereby created, and the mayor shall nominate and, by and with the ad- vice of the city council, appoint some discreet and suit- able person, who is a resident of the city, as pound master, who shall be subject to removal by the mayor and council at any regular meeting, or by the mayor during the intervals between the regular meetings of the council. He shall receive no salary or compensation other than the fees and charges hereinafter fixed and CITY OF CARBONDALE 21 prescribed, none of which shall, in any event, become a charge against, ora liability of, the city, or payable out of its treasury. He shall take the same oath as other city officers, and give bond in the sum of five hundred dollars. R. S. Chapter 24, Section 2, clause 80. 4 City Pound — Pound Master to Establish. .Sec. 4. It is hereby made the duty of the pound master, at his own expense, to establish and maintain, at some suita- ble and convenient place within the limits of the city, a suitable and sufficient lot, pen, or other inclosure as a city pound; and the said pound shall, at all hours of the day time, be open and accessible, freely and without hindrance, to all persons for the examination and in- spection of animals impounded therein. 5 Animals to Be Impounded. Sec. 5. Whenever any such animal or animals as are mentioned in section 1 of this chapter shall be found running at large or unrestrained within the limits of the city, the pound master shall forthwith arrest, take up and restrain and confine the same in the city pound, and there keep and properly care for the same until redeemed and removed, or sold, as hereinafter provided. By-law or ordinance may authorize animals to be impounded. Poppen vs. Holmes, 44 111 . 360. But the pound master can not be authorized to sell the impounded animal without a judicial proceed- ing to determine whether a penalty has been incurred. Willis vs. Segris, 45 111 . 289. Animals found within city limits, but belonging to parties living outside, may be impounded. Friday vs. Floyd, 63 111. 50. 6 Notice op Impounding — When Given. Sec. 6. Whenever the pound master shall have impounded any animal or animals, he shall, within twenty-four hours after such impounding, notify the owner, keeper, or cus- todian thereof, if he, she or they be to him known, or by diligent inquiry by him ascertained, of the fact of such impounding by delivering a notice containing a description of such animal or animals to such owner, keeper, or custodian, or leaving a copy thereof at his, 22 ORDINANCES OF THE her or their place of business with some person over the age of twelve years. Such notice shall be in writ- ing, signed by such officer, and be served by copy. 7 How Impounded Animal Redeemed, Etc, Sec. 7. Any animal or animals impounded under the provisions of this chapter may be redeemed and reclaimed by the owner, keeper or custodian upon payment to the pound master of a restraining fee of two dollars for every animal of the species of horse, mule, ass, or cattle, and fifty cents for every animal of the species of sheep, swine or goat, together with the further sum in all cases of twenty-five cents per day for maintaining the same for every day such animal or animals shall be allowed to remain impounded after service of the no- tice of impounding and the fee for the service of said notice. 8 Proceeding to Sell. Sec. 8. When any animal or animals impounded under the provisions of this chap- ter shall have remained in the pound unredeemed for a period of three days, the pound master shall file with the police magistrate, or some justice of the peace of the county, a statement, in writing, showing the num- ber and character of such animals, the date when im- pounded, the name of the owner, keeper, or custodian, if known, and the date when the notice of impounding was served, with manner of serving the same. Where- upon the police magistrate or justice of the peace shall forthwith issue a summons against such owner, keeper, or custodian, which summons shall be returnable and be served as other summonses in civil actions, and shall require the person or persons against whom the same is issued to appear and show cause, if any, why such animal so impounded should not be sold according to the provisions of this chapter. 9 Unknown Owner — Proceeding — When. Sec. 9. If the owner, keeper or custodian of such animal or ani- mals be unknown to the pound master, and upon dili- gent inquiry by him can not be ascertained, the state- ment filed by him with the magistrate or justice shall CITY OF CARBONDALE show that fact and shall be verified by his affidavit, and thereupon the magistrate or justice shall docket the proceedings as “The City of Carbondale vs. The Un- known Owners of Impounded Animals,” and shall cause notices, signed by him, to be posted in three of the most public places in the city describing the animal or animals, giving the date of impounding, the amount of cost and charges for impounding and maintaining, and requiring the owner, keeper or custodian to appear be- fore such magistrate or justice, at a place and on a day and at an hour named in said notices, which shall not be less than five nor more than fifteen days from the date thereof, then and there to show cause, if any, why such animal or animals so impounded should not be sold according to the provisions of this chapter. Where owner is unknown, notice by posting is authorized. Pop- pen vs. Holmes, 44 111 . 360. 10 Duty of Officer to Post Notice, Etc. Sec. 10. The officer to whom such notice shall be delivered for post- ing shall post the same within twenty-four hours after being by him received, and shall make return upon a copy thereof showing the date and places of posting, and the owner, keeper or custodian of such animal or animals may appear and be made a party defendant in such proceeding at any time before final judgment therein. 11 Hearing Before Magistrate. Sec. 11. In all pro- ceedings under the provisions of this chapter the mag- istrate or justice before whom the same is had shall, when the hour for trial arrives, hear the evidence and render judgment thereon, and if the owner, keeper or custodian of the animal or animals impounded shall have been personally served with summons, or shall appear in person or by attorney without having been person- ally served, such magistrate or justice shall ascertain and find whether or not the defendant has violated any of the provisions of this ordinance, and, if he find the defendant guilty, shall assess the proper penalty for such violation, and shall also find the amount of costs and charges that have accrued in and about the U ORDINANCES OF THE impounding and maintaining of such animal or ani- mals, and he shall render judgment for such penalty and for such costs and charges; but if he find the de- fendant not guilty, he shall order the proceedings dis- missed and the animal or animals surrendered; but if there has been no personal service, and the defendant does not appear, he shall render judgment only for the costs and charges of impounding and maintaining as aforesaid. 12 Personal Judgment — When — Special Execution. Sec. 12. In all cases under the provisions of this chap- ter where the owner, keeper or custodian of the im- pounded animal or animals shall have been personally served with summons, or shall appear without such service, the judgment, if against the defendant, shall be a personal judgment, and execution shall issue thereon as in other civil cases; but the impounded animals shall be first sold to satisfy the same. But in cases where no personal service is had, and no appearance entered by any person interested, the judgment shall be for the sale of the impounded animal or animals to satisfy the amount of costs and charges, including the costs of trial aud sale, and a special execution shall issue to the pound master, city marshal, or any constable, directing him to advertise and sell said animal or animals to sat- isfy said judgment and costs of advertising and sale. 1 3 Sale— Return of Execution — Surplus of Sale. Sec. 13. All sales under the provisions of this chapter shall be made upon like notice and in like manner as sales upon execution from justices’ courts in civil cases, and the execution, together with the proceeds of the sale, shall be returned by the officer making the sale to the magistrate or justice by whom the same was is- sued, who, after deducting the amount of the judgment and costs and subsequent sustenance of each animal to day of sale and costs of sale, shall pay to the owner, keeper, o’r custodian of such animal or animals, if known, any surplus of said sale; if unknown, such sur- plus to be paid within thirty days to the city treasurer, who shall keep an account of such moneys, and the CITY OF CARBONDALE 25 owner of the animal or animals sold may obtain the same from the city by the direction of the city council at any time within one year after the sale from which the same was realized upon satisfactory evidence of his ownership of the animal or animals sold. 14 Fees — Proviso. Sec. 14. The fees for services under the provisions of this chapter, except as herein- before mentioned, shall be as follows: For serving on owner notice of impounding, twenty-hve cents; for is- suing and filing notices to show cause against order of sale, seventy-five cents; for posting and returning said notices, seventy-five cents; and for all other services herein required the same fees as are or may be allowed by law to justices and constables in civil cases; but it is hereby expressly provided that the city shall not be liable for any fees, costs or charges in any proceedings under this chapter, nor shall any fees, costs or charges in any event be made a charge against or be paid out of the treasury of the city. 15 Breaking Pound — Rescuing Animal — Penalty. Sec. 15. Any person who shall break open the city pound, or any inclosure where any animal or animals may be impounded, or in any manner release the same, shall, upon conviction, be fined not less than three nor more than twenty-five dollars for each offense. 16 Obstructing Officer — Penalty. Sec. 16. Whoever shall hinder, delay or resist any officer, or any person acting under the direction of an officer, in the discharge of any duty prescribed by this chapter, or whoever shall aid, abet or encourage such hindrance, delay, ob- struction, or resistance, shall, upon conviction, be fined not less than three nor more than twenty-five dollars for each offense. 17 Using Animals — Penalty. Sec. 17. The pound master shall not use, nor suffer any other person or persons to use, any animal or animals restrained by him or in his custody under the provisions of this chapter, and any persons using any such animal or animals with- out the knowledge or consent of the pound master 26 ORDINANCES OF THE shall, upon conviction, be fined not less than three nor more than twenty-five dollars. 1 8 Using or Abusing Impounded A nimals — Penalty. Sec. 18. If the pound master shall use, or suffer to be used, any animal or animals in his custody under the provisions of this chapter, or shall wilfully fail, neg- lect or refuse to give notice of impounding, as herein required, or shall wilfully fail, neglect or refuse to prop- erly feed, care for or maintain the same, or shall abuse or cruelly treat the same while in his custody, shall, upon conviction, be fined not less than ten nor more than fifty dollars. ARTICLE II. LEAVING TEAMS UNHITCHED — OBSTRUCTING STREETS — HITCHING TO SHADE TREES, ETC. 19 Teams or Animals to be Made Fast. Section 19. It shall be unlawful for any person or persons, being the owner or owners, or having possession or control, of any animal, animals or team of animals, of the kind or species of horse, mule, ass, cattle, or any other com- monly known and used as animals of burden or labor, harnessed, saddled or yoked, or attached to any wagon, cart, buggy, carriage, dray or other vehicle or convey- ance, or to any kind of machine, instrument or thing usually drawn by such animals, to leave the same standing, remaining or being in, any street, alley or other public place, within the limits of the city, without first hitching or making the same fast by a good, stout and substantial rope, chain or halter, to some stake, post, rack or railing or other thing prepared or permit- ted to be used for hitching purposes. CITY OF CARBONDALE 27 20 Obstructing Sidewalks or Streets with . Sec. 20. It shall be unlawful for any person or persons having possession or control of any horse, mare, mule, jackass, jenny, bull, ox or cow, or any other like animal, to lead, drive or ride the same upon or over any sidewalk ad- jacent to any street or alley, within the limits of the city, or to hitch or leave the same standing or remain- ing upon any sidewalk, crosswalk or crossing, or in any manner to obstruct any sidewalk, crosswalk or crossing with, or by means of, any such animal or ani- mals, or team, or teams of the same, or any wagon, cart, buggy, carriage or other vehicle or conveyance to which any such animal or team may be attached. 21 Tethering Out — Penalty. Sec. 21. It shall not be lawful for any person or persons, being the owner or owners, or having charge of the same, to tie or tether any animal of the kind or species of horse, mule, cow, or other animal, within the limits of the city, so that such animal or animals, and the rope, chain or halter to which same may be attached, or either of them, shall obstruct any street, alley, sidewalk, cross- walk or crossing; and every person violating this sec- tion shall be fined not less than three nor more than twenty-five dollars for each offense. 22 Hitching to Shade Trees. Sec. 22. It shall be unlawful to hitch or fasten any horse, mare, mule, ass, ox or other animal, or team of animals, to any tree planted, standing, growing or being within the limits of the city, or to hitch or fasten the same, or any of them, to any lamp post of any street lamp, water foun- tain or hydrant, within the city limits. See Baker vs. Town of Normal, 81 111 . 108. 23 Penalty. Sec. 23. Whoever shall violate the provisions of the foregoing sections nineteen, twenty, twenty-one and twenty-two, or any of the same, shall, on conviction, be fined in any sum not less than three nor more than twenty-five dollars for each and every offense. 28 ORDINANCES OF THE 24 Officers Charged With Enforcement. Sec. 24. The city marshal and street commissioner and all other police officers shall severally and jointly see that the provisions of sections nineteen, twenty, twenty-one and twenty-two of this chapter are enforced, and when they, or either of them, find any animal or team left, remain- ing or being in any manner, or under any circum- stances therein declared to be unlawful, they or he shall, if said animal or team be left unhitched in the street, forthwith hitch or fasten the same; if left teth- ered out or standing so as to be and remain upon or over any sidewalk, crosswalk or crossing, forthwith to remove or cause same to be removed, and if left un- hitched or fastened to any shade tree, lamp post, water fountain or hydrant, forthwith to remove and fasten the same securely in some proper place; and in all cases where the owner, keeper or those having control of any animal or team of animals so left in an unlawful manner is or are known to the said marshal or other officers, they or he shall forthwith institute proceedings and cause process to be issued to prosecute such of- fender for such offense. ARTICLE III. DEAD ANIMALS. 25 Who to Remove — Penalty. Section 25. When- ever any animal or animals of the kind or species of horse, mule, ass, cattle, sheep, swine, goat or dog, or other animal, shall die, within the limits of the city, the owner or owners, person or persons having possession or control thereof shall forthwith remove or cause the same to be removed out of the city limits, and at least four hundred yards from any dwelling, and there bu- ried, and for a failure so to do shall, on conviction, be fined not less than one nor more than ten dollars for CITY OF CARBONDALE 2Q each and every animal so left unremoved for the space of twenty-four hours after receiving knowledge, notice or information that the same lies or remains dead within the city limits. R. S. Chapter 24, Section 62, clauses 75, 78. 26 Duty of Street Commissioner. Sec. 26. When- ever any such animal or animals as are mentioned in section twenty-four of this chapter shall be found by the street commissioner lying dead, or whenever he shall receive information that any such animal or ani- mals are dead, within the limits of the city, and the owner or keeper thereof is to him known, he shall forthwith give notice of the fact to such owner or keeper, and if the same be not removed by such owner or keeper within twenty-four hours from such notice, or if no owner or keeper be found, then the said super- intendent of streets shall cause the same to be re- moved. He shall also forthwith make complaint to the police magistrate or some justice of the peace and have process issued to prosecute such owner or keeper (if the same be to him known,) so failing or refusing to remove such animal or animals for the penalty pro- vided in section twenty-five of this chapter. ARTICLE IV. DOGS. 27 Tax 071 — When a 7 id to Whom Paid. Section 27. An annual tax of one dollar on each dog, and two dollars on each bitch, within the corporate limits of said city, is hereby declared payable for each munici- pal year, on or before the 1st day of June of each cal- endar year, by the owner or keeper of said dog or bitch to said city. Any owner or keeper of such dog or bitch who shall fail to pay such tax, or kill or perma- 30 ORDINANCES OF THE nently remove such dog or bitch from the corporate limits of said city on or before the time fixed for the payment of such tax, or who shall thereafter refuse to surrender to the city marshal, on demand, such dog or bitch for the purpose of being destroyed, shall, on con- viction, be fined not less than three nor more than ten dollars. But said penalty may be avoided before trial by payment of said tax and costs to date of payment. Power to tax dogs. R. S. Chapter 24, Aiticle V, Section 1, ciause 80. And that muzzle may be required, and unmuzzled dogs declared a nuisance. See Pritchaid vs. Keeper, 53 111 . 1 1 7 ; Leach vs. Elwood, 3 111 . App. 453. 28 City Marshal to Make List , Etc. Sec. 28. Up- on the 1st of May in each year it shall be the duty of the city marshal to make a list of all dogs owned in the city, and by whom owned so far as the same may 1 e known to him, and he shall give public notice in the city newspaper to all persons owning, having or keep- ing any dog or bitch in the city of Carbondale to pay their dog tax on or before the 1st day of June in such year. 29 City Marshal to Provide Collar. Sec. 29. All persons owning, having or keeping any dog or bitch within the corporate limits of the city of Carbondale shall pay the tax mentioned in section one of this chap- ter to the city marshal, who in lieu of a receipt there- for shall deliver to such person paying said tax a me- tallic plate having the letters “D. T. P.” and the calen- dar year in figures thereon, which characters shall sig- nify that said tax is paid for the following year from June 1 in the calendar year indicated. The owner or keeper of any dog or bitch upon which the said tax has been paid as aforesaid shall affix in a permanent manner to his or her dog or bitch the metallic plate aforesaid so that the same can readily be seen by the city officers. 30 City Clerk to Purchase. Sec. 30. The city clerk shall purchase a supply of the metallic plates mentioned in section three of this chapter in such num- CITY OF CARBONDALE 31 bers as the council may direct, and shall furnish the same to the city marshal, taking his receipt therefor for the number of plates so delivered, and the city marshal shall account to the city clerk the manner of disposing of the same whenever requested by said city clerk. 3 1 Dogs to Be Muzzled — Penalty. Sec. 3 1 . No dog or bitch shall be suffered to run at large within the cor- porate limits of said city unless securely muzzled when danger of hydrophobia shall be declared to exist by proclamation of the mayor of said city, and any owner or keeper of such dog or bitch who shall wilfully vio- late the provisions of this section shall be subject to a fine of five dollars. See Note, Section 1. 32 Bitch jVot to Run at Large When in Heat — Pen- alty. Sec. 32. Any bitch running at large while in heat is hereby declared a nuisance, and the owner or keeper of such bitch permitting the same to run at large while in heat shall be subject to a fine of not less than five nor more than fifty dollars, and the city marshal shall, and any other person may, slay or cause to be slain any bitch running at large in the city while in heat, and its body to be buried. Power to declare what is a nuisance. R. S. Chapter 24, Article V, Section 1, clause 75. 33 Dangerous Dog — Prohibited — Penalty. Sec. 33. The owner of a fierce and dangerous dog or bitch who shall permit the same to go at large, to the danger, damage or annoyance of any of the inhabitants, shall be subject to a fine of not less than five nor more than fifty dollars, and upon a second conviction for the same offense the city marshal shall immediately cause the dog on account of which the conviction takes place to be slain and its body to be buried. 34 When Tax Paid — Duty of Marshal. Sec. 34. Every dog or bitch upon which the tax shall not be paid as provided by the provisions of this chapter shall be 32 ORDINANCES OF THE liable to summary destruction, and the city marshal shall proceed annually, on the second day of June, to destroy, remove and bury every such dog and bitch, and shall continue the work of destruction until none remains; or he may seize and impound the same, and keep them so impounded five days, during which time the ownet or keeper may redeem by paying the amount of the tax on every dog or bitch and costs to time of payment. If, at the end of five days, such dogs or bitches be not reclaimed the city marshal shall destroy them as hereinbefore provided. 35 What Dogs Exempt . Sec. 35. The provisions of this chapter shall not apply to any dog or bitch under the age of three months, nor to any dog or bitch brought into the city by the owner thereof, the onwer being a non-resident, until such dog or bitch shall have been in the city three days. 36 Fees for Collecting and Killing . Sec. 36. The following fees shall be allowed for services rendered under the provisions of this chapter out of the city treasury: To the city clerk., five per cent, of the dog tax collected; to the city marshal, twenty per cent, of the dox tax collected, and also fifty cents for each dog or bitch killed and buried by him; and he shall verify his claim against said city for the last-named fee by affi- davit, stating the time when such dog or bitch was killed and where the same was buried. 37 Marshal to Pay Money Over— When. Sec. 37. The city marshal shall pay to the city treasurer, on or before the first day of July in each year, the amount of money by him received on account of dog tax, less his charges and allowances. 38 Fee for Impounding. Sec. 38. For the impound- ing of each dog or bitch, when the same shall be re- deemed, the city marshal shall collect a fee of fifty cents for each dog or bitch so impounded, together with cost of maintenance while so impounded. CITY OF CARBONDALE 33 ARTICLE V. CRUELTY TO ANIMALS. 39 Manner — Penalty — Prosecution. Section 39. Whoever shall be guilty of cruelty to any animal, with- in the limits of the city, in any of the ways or by any of the means mentioned in this section, shall, on convic- tion, be fined not less than three nor more than one hundred dollars, and the city marshal is hereby charged with the enforcement of the provisions hereof and shall make complaint against and have process issued to prosecute any, every and all persons offending against the same. 40 First. By overloading, overdriving, overwork- ing, cruelly beating or mutilating any animal, or caus- ing or knowingly allowing the same to be done. 41 Second. By cruelly working any old, maimed, sick, infirm or disabled animal, or causing or knowingly permitting the same to be done. 42 Third. By wilfully failing, neglecting or refus- ing to properly feed, provide or care for any animal in his, her or their custody, charge or control. 43 Fourth. By abandoning any old, infirm, sick or disabled animal. Power to prohibit and punish cruelty to animals. R. S. Chap- ter 24, Article V, Section 1, clause 73. 44 Animals Found Standing After 12 O'clock at Night — Duty of Police. Sec. 40. Any police officer who may find any horse or mule, or any team, upon any street or alley in said city after 12 o’clock at night, with- out any owner or other person being in charge thereof, shall be authorized to take such animal or team to the city pound or other safe place, to be there kept and supplied with necessary sustenance until the owner or person entitled to the possession of the same shall appear and prove his ownership, and pay the proper charges thereon. 34 ORDINANCES OF THE ARTICLE VI. BUTCHERING. 45 No Butchering — Penalty. Sec. 41. Any butcher or other person engaged in the business of butchering or slaughtering animals as a business or occupation who shall kill, slaughter or butcher any cattle, sheep, goat or swine, or other animals the flesh of which is used or eaten for food, within the limits of the city, shall, on conviction, be fined not less than three dollars nor more than ten dollars for each and every such ani- mal so killed or slaughtered. 46 Not to Keep Butchering Pen, Etc. — Penalty. Sec. 42. Any and every house, building, pen or place kept or used, within the limits of the city, for slaughtering purposes shall be deemed and held to be a nuisance and abated by the city marshal accordingly. And the person or persons so keeping or using any such house, building, pen or place shall, on conviction thereof, be fined not less than three nor more than one hundred dollars: Provided. . that nothing in this or the preceding section shall prevent the city council from granting any butcher or other person permission to slaughter or es- tablish a slaughtering pen or house within the limits of the city. CHAPTER II. AUCTIONEERS AND AUCTIONS. 47 License Required. Section 1. It shall be unlaw- ful for any person to engage in, use, exercise or follow the business of auctioneering or hawking as an occu- pation or for a livelihood, or for money or other valu- able thing, within the limits of the city, or for any CITY OF CARBONDALE 35 transient or traveling person temporarily within the city to sell or dispose of goods, wares, merchandise or other valuable thing for money, at or by auction or hawking, within the limits of the city, without first pro- curing a license so to do in the manner provided by law or the ordinances of the city. Authority of cities to require license. R. S. Chapter 24, Article V, Section 1, clause 41. Illinois State Const. Article IX, Section 1. Wiggins vs. Chicago, 68 111 . 372. Who is an auctioneer. Bouv. Diet, under Auctioneer. Who deemed hawker. Section. 48 Taxes On — Classification. Sec. 2. To obtain a license as provided in section one of this chapter, the person applying therefor shall pay the amount required of the class to which his business may belong accord- ing to the following classification: 49 First. For a license to exercise or follow the business of auctioneer as an occupation or continued calling, when applied for by a citizen or permanent resi- dent of the city, ten dollars per annum, or a propor- tionately less amount when such license is issued for a shorter period. 50 Second. For a like license as above, when ap- plied for by any person not a citizen or permanent resi- dent of the city, fifteen dollars per annum, or a propor- tionately less amount when such license is issued for a shorter period; provided , however , no license to exercise or follow the business of an auctioneer as an occupation or continued calling shall be issued for a longer period than one year nor for a shorter period than three months. 51 T hird. For a license to hawk or sell goods, wares, merchandise or other valuable thing, except drugs, medicines and recipes, by auction, when applied for by a transient or traveling person temporarily within the city, not less than two dollars nor more eight dol- lars per day; provided , no such license shall be issued for anv part or fraction of a day; and provided further , ORDINANCES OF THE 36 that the provisions of this subdivision of this section shall apply to any person not a bona fide resident of the city who shall bring within the limits of the city and have sold at auction any goods, wares, merchandise or other valuable thing, whether brought in stock lots or otherwise, and whether such person conduct such auc- tion himself or employ a resident auctioneer, or any other person, to conduct the same; and it shall also apply to any resident auctioneer conducting such auc- tion; and 'provided further, that every traveling vender of drugs, medicines or recipes shall be deemed a hawker within the meaning of this section, and to obtain a license to carry on such business within this city shall pay not less than fifteen dollars for each and every day he may be engaged in said business within the city. Power to license itinerant merchants. R. S. Chapter 24, Section 62a. 52 Hawkers — Who Are. Sec. 3. The word hawk as used in this chapter shall, except as hereinafter pro- vided, be deemed to mean and apply to one who sells goods, wares, merchandise or other valuable thing at and by public outcry, himself remaining stationed at a certain place or point. 53 Penalty. Sec. 4. Whoever shall offend against any of the provisions of this chapter shall, on convic- tion, be fined not less than three nor more than twenty- five dollars. CHAPTER III. AMUSEMENTS. 54 License Required — For What. Section i. It shall be unlawful for any person, company, corporation or firm to grant or give any entertainment or exhibition CITY OF CARBONDALE 37 by any theatrical troupe or company, except the same be given by citizens or residents of the city; or any performance, exhibition or entertainment of, or by, any circus, menagerie, hippodrome, side show, pony, dog, monkey or bird show, or artificial curiosities, or of paintings or statuary, fortune telling, feats of jugglery, sleight of hand, necromancy and the like, or to set up, keep or maintain any pin or ball alley, skating rink, shooting gallery, steam swing or merry-go-’round, ex- hibition of rope or wire walking or dancing, puppets, wax figures, or any other similar public exhibition, en- tertainment, show or amusement whatever, given for gain, within the limits of the city, without first procur- ing a license so to do in the manner provided by law or ordinances of the city for obtaining license. Power to regulate shows, etc. R. S. Chapter 24, Article V, clause 41. Use of streets not allowed for. R. S. Chapter 24, Article V, clause 20. Purpose of streets. Dillon on Munic. Corp., Sections 683, 730; Quincy vs. Jones, 76 111 . 231 ; Caldwell vs. Alton, 33 111 . 416. Persons accepting license do so subject to provisions of the ordi- nance relating thereto, and acceptance of license is acknowledgment of the validity of the ordinance. Lander vs. Chicago, in 111 . 296. 55 Penalty. Sec. 2. Whoever shall violate the provisions of section one of this chapter shall, on con- viction, be fined not less than three nor more than one hundred dollars. 56 Tax , Amount— Classification. Sec. 3. To ob- tain a license under the provisions of this chapter the person, company, corporation or firm applying for the same shall pay in advance a tax, as follows: 57 First. For a license for an exhibition or enter- tainment by a theatrical, concert or other like troupe or company, not less than three nor more than ten dol- lars for every two or less exhibitions on the same day; provided , that license may be granted to the owners of the opera house upon payment of twelve dollars per ORDINANCES OF THE annum, and no theatrical, concert or other like troupe showing or exhibiting in the opera house shall be charged any license. 58 Second. For a license for a performance, exhi- bition or entertainment of, or by, any circus, menagerie, hippodrome, aquarium or other like exhibition, not less than ten nor more than fifty dollars for every two or less number of exhibitions or performances on one and the same day, not including side shows or other similar exhibitions attending or connected with the same, which shall pay an additional tax of not less than five nor more than fifteen dollars per day. 59 Third. For a pin or ball alley, skating rink or shooting gallery, five dollars per month, or for any less time than one month, one dollar per day. 60 Fourth. For a steam swing or merry-go-’round, twenty-five dollars per month, or for any less time than one month, one dollar per day. 61 Fifth. For any other entertainment, exhibi- tion or amusement, one to five dollars per day, and no license shall be issued for any part of a day. 62 Order Preserved — Special Police. Sec. 4. Any person, company, corporation or firm giving any exhi- bition or entertainment provided for in this chapter shall maintain order thereat, and to this end the mayor is hereby authorized, when necessary, or upon the ap- plication of any such person, company, corporation or firm, to appoint a sufficient number of special police to attend upon such exhibition or entertainment and pre- serve order, the compensation of such special police, and all costs thereby occasioned, to be first advanced and paid for by the person, company, corporation or firm giving such exhibition or entertainment. 63 Disorderly Co?iduct — Penalty — Forfeiture — Pen- alty. Sec. 5. Whoever shall conduct himself at any exhibition or entertainment provided for in this chap- ter in a riotous and disorderly manner shall, on con- CITY OF CARBONDALE ‘ 39 viction, be fined not less than three nor more than one hundred dollars. And if the person, company, corpo- ration or firm giving any such entertainment shall fail to preserve order thereat, or if any agent, servant or employe . thereof shall conduct himself in a riotous or disorderly manner, the mayor may, in his discretion, revoke the license to him, it or them granted, and he, it or they shall, on conviction, be fined the same as if no license had been granted. CHAPTER IV. BILLIARD TABLES AND OTHER GAMES. 64 License Required — Penalty . Section t. It shall be unlawful for any person or persons, within the cor- porate limits of said city, to exercise the business, trade or avocation of keeper of a billiard table, pool table, bagatelle table, pigeon table or shuffle board, without first procuring a license so to do as hereinafterward provided, under penalty for exercising such business, trade or avocation without license of not less than twenty-five nor more than two hundred dollars. R. S. Chapter 24, Article V, Section 1, clause 44. 65 Application — To Whom — Hozv. Sec. 2. Any person or persons desiring such license shall file with the city clerk an application therefor in writing, set- ting forth the location of the building or room to be occupied and the length of time the same is wanted. 66 Bond Required. Sec. 3. Before any license under the provisions of this chapter is granted the applicant or applicants therefor shall execute a bond 40 ORDINANCES OF THE payable to the city of Carbondale in the penal sum of one thousand dollars, with good and sufficient surety, conditioned that the person or persons to whom such license is granted shall observe all laws and ordinances of said city that may be in force regulating or rela- tive to such business so licensed; which bond shall be approved by the city council and filed with the city clerk before the issuance of such license. 67 What License Shall State , Etc. Sec. 4. License issued under the pi ovisions of this chapter shall state the nature of the employment thereunder licensed, the time for which it is granted, the name of the person or persons to whom it is granted, the house or place in- tended to be occupied; that such license shall be used and the privileges granted thereunder exercised at such place only, and that such license shall not be transfer- able nor assignable; provided , however , that no license shall be issued under the provisions of this chapter for the exercise of either of the business, trades or avoca- tions enumerated in section one of this chapter in any saloon or other place where intoxicating liquors may be sold. 68 How Conducted — Penalty. Sec. 5. No person or persons holding license under the provisions of this chapter shall suffer or permit any minor under the age of eighteen years to frequent or loiter about the premises so occupied by him, nor shall sell, barter or exchange or give away, in connection with such busi- ness, any intoxicating liquors, nor shall suffer or permit any betting, gaming, riotous or disorderly conduct upon the premises occupied by him or them. Any person or persons, violating the provisions of this section shall, on conviction, be fined not less than twenty nor more than one hundred dollars. 69 When to Open and Close — Penalty. Sec. 6. Any person or persons taking out license under the pro- visions of this chapter shall close his place of business at twelve o’clock every night and keep the same so CITY OF CARBONDALE 41 closed until five o’clock the next morning; nor shall he permit to be kept open his place of business on Sunday; nor shall he permit any kind of gambling in his place of business, either by means of cards, dice or other devices. Any person or persons violating the provisions of this section shall, on conviction, be fined no,t less than twenty nor more than two hundred dollars. 70 Amount of License. Sec. 7. To obtain a license as required by section one of this chapter the person or persons applying therefor shall pay in advance the sum of twenty-five dollars per annum, or a proportionably less amount for any shorter period, for each table or shuffle board used therein. No license shall be issued under the provisions of this chapter for a shorter period of time than three months. 71 Mayor May Revoke License — When. Sec. 8. The mayor of the city of Carbondale shall have power, whenever he is satisfied that the laws of the State of Illinois or the ordinances of said city are being violated by any keeper of billiard tables or other games licensed under this ordinance, to immediately revoke the license granted to such keeper of billiard tables or other games, and such keeper aforesaid shall forfeit any amount due him for the unexpired portion of his license; provided , that said mayor shall report his action thereunder to the next regular meeting thereafter of the city council, which may approve or disapprove the same; and, in case of disapproval, said revocation shall have no effect; and provided further , that the city council may, at any regular or special meeting, revoke the license of any keeper of billiard tables or other games licensed under the provisions of this chapter for any violation of any of the provisions thereof. 42 ORDINANCES OF THE CHAPTER V. BOUNDARIES, WARDS, CITY PROPERTY, CORPORATE SEAL. Article I. Boundaries. Article III. City Property. Article II. Division into Wards Article IV. Corporate Seal. ARTICLE I. BOUNDARIES. 72 Boundaries of City — What Are. Section 1. That the corporate limits of this city, unless the same be ex- tended or changed in such manner as may be by law provided, are hereby declared to be as follows, to-wit: The west half of the southwest quarter of section fif- teen (15), the south half of section sixteen (16), the east half of the southeast quarter of section seventeen (17), the east half of the northeast quarter of section twenty (20), the east half of the southeast quarter of section twenty (20), all of section twenty-one (21), the west half of the southwest quarter of section twenty- two (22), all in township nine (9) south, range one (1) west of the third principal meridian, in Jackson County, and State of Illinois. ARTICLE II. DIVISION INTO WARDS. 73 Number and Boundaries of. Section 2. That the corporate limits of this city are hereby divided into four wards, as follows: That portion lying west of a CITY OF CARBONDALE 43 line commencing at the center of the right-of-way of the Illinois Central railroad company and Main street, and running north through the center of the right-of- way of the Illinois Central railroad company to the city limits, and all that portion lying north of a line com- mencing at the center of Main street and the right- of-way of the Illinois Central railroad company and running west through the center of Main street to the city limits, shall constitute the First ward. That por- tion lying east of a line commencing at the center of the right-of-way of the Illinois Central railroad com- pany and Main street and running north through the center of the right-of-way of the Illinois Central rail- road company to the city limits, and all that portion lying north of a line commencing at the center of the right-of-way of the Illinois Central railroad company and Main street and running east through the center of Main street to the city limits, shall constitute the Second ward. That portion lying east of a line commencing at the center of Main street and West street and run- ning south through the center of West street to the city limits, and all that portion lying south of a line commencing at the center of Main street and West street and running east through the center of Main street to the city limits, shall constitute the Third ward. That portion lying west of a line commencing at the center of Main street and West street and running south through the center of West street to the city lim- its, and all that portion lying south of a line commenc- ing at the center of Main street and West street and running west through the center of Main street, shall constitute the Fourth ward. ARTICLE III. CITY PROPERTY. 74 City Property — What. Section 3. All property now owned, or which for city purposes may hereafter 44 ORDINANCES OF THE be acquired, by this city, together with the lands ac- quired and now owned or which may, in accordance with any law or ordinance, hereafter be acquired and owned by the city for cemetery purposes, shall, unless and until disposed of in such manner as may be by law or ordinance provided, remain the property of the city. R. S. Chapter 24, Article I, Section 10. Only the State can question the right of the city to hold property. Dillon on Munic. Corp., Section 5, clause 74. Dillon on Munic. Corp., Sections 562-565. Property donated or acquired for a particular public use can not be diverted to another use. Jacksonville vs. Jacksonville R. W. Co., 67 111. 540. 75 Co 7 iveyance By City — By Whom Executed. Sec. 4. Whenever any real property of the city shall have been or shall be sold or disposed of pursuant to law or any city ordinance, the deed of conveyance of the same from the city to the purchaser thereof shall be exe- cuted and acknowledged on behalf of the city by the mayor and the city clerk, and the corporate seal at- tached thereto by the clerk: Provided , that no city property as mentioned above shall be conveyed until such conveyance shall have been approved by a major- ity vote of the city council at one of its regular or spe- cial meetings, which vote shall be by yea and nay, and recorded by the city clerk. R. S. Chapter 24, paragraph 380. ARTICLE IV. CORPORATE SEAL. 76 Corporate Seal — Design Of. Section 5. The corporate seal of this city shall be and remain the same as that heretofore provided and now used, being circu- lar in form, one and one-half inches in diameter, with CITY OF CARBONDALE 45 the device of an eagle engraved thereon, surrounded with a scroll, with the words “Carbondale Corporation, Jackson County, Illinois, ” in Roman capitals, inscribed thereon. City may have seal, and change same at pleasure. R. S. Chap- ter 24, Article I, Section 10. 77 Where Kept — To What Attached. Sec. 6. The corporate seal shall be kept and remain in the custody of the city clerk, and an impression thereof attached to all instruments, documents and other corporate acts which now are or hereafter may be required to be au- thenticated by the corporate seal. Corporate act requiring seal is void without. Kinzie vs. Trus- tees, 2 Scam. 187. CHAPTER VI. CEMETERIES. 78 Cemetery Established — Boundaries. Section i. The land now owned by this city, being that part south of the Grand Tower and Carbondale Railroad of the northeast quarter of the southeast quarter of the north- east quarter of section number seventeen (17), township number nine (9) south of range number one (1) west of the third principal meridian, in Jackson county, Illi- nois, now known as Oakland cemetery, together with that certain piece of land within the city limits known as the old (Woodlawn) cemetery, are and shall remain dedicated to burial purposes, and no other cemetery shall hereafter be established within the city limits or within one mile thereof. Power to establish and regulate cemeteries. R. S. Chapter 24, Article V, Section 1, clause 79. Cemeteries. R. S. Chapter 21. 46 ORDINANCES OF THE 79 Plat Recorded — How Changed. Sec. 2. That the plat of Oakland cemetery heretofore made, divid- ing said cemetery into blocks and lots as designated and numbered therein, having been approved by the city council and ordered recorded in the recorder’s office in Jackson county, Illinois, shall be and remain the lawful plat of said Oakland cemetery, and shall not be changed except by order of the city council. 80 Committee to Manage. Sec. 3. The committee on cemeteries of the city council shall consist of four aldermen, one from each ward, and shall have charge, management and control of the said cemeteries and of all affairs connected therewith, and the said committee shall see to it that the grounds belonging to the same are properly cared for and protected, and that all pro- visions of the law and ordinances relating to cemeteries and all rules for the government thereof are enforced, and they shall supervise and direct the ornamenting, adorning, embellishing and improving of the grounds thereof and the avenues, walks and squares therein. 81 Sexton — Appointment Of — Duties. Sec. 4. The mayor, by and with the advice of the city council, shall appoint some suitable person who shall be a resident of the city to act as sexton of cemeteries, who shall hold his office during the remainder of the municipal year in which he was appointed, unless sooner removed by the mayor and city council. The sexton shall, under the direction of the committee on cemeteries, have charge of the cemeteries and shall keep and preserve in good order and repair the grounds, buildings, avenues, walks and fences thereof, and shall also see that all ordi- nances relating to and all rules and regulations for the government of said cemeteries are enforced. Before assuming the duties of his office as city sexton he shall take the same oath as is required of other city officers and shall give bond conditioned for the faithful dis- charge of the duties of his office, payable to the city of Carbondale, with surety, to be approved by the city council, in the sum of five hundred dollars. CITY OF CARBONDALE 47 82 Application for Lots — Hovo Sold. Sec. 5. All applications for the purchase of cemetery lot or block shall be made to the city clerk, who shall give to the person applying an order to the city treasurer to receive the price of the lot or block, describing the same, and such applicant shall thereupon present such order to the treasurer and pay him the amount therein specified, and upon receipt of such amount the city treasurer shall endorse upon such order a memorandum of his receipt of the same, whereupon such applicant shall return the order with such endorsement to the city clerk, and upon such return the mayor and city clerk shall execute and deliver to such applicant a deed under the corporate seal of the city for such lot or block. 83 Cemetery Fund — How Expended , Etc. Sec. 6. A cemetery fund is hereby created and established, and the city treasurer is required to keep a separate account thereof and enter to the credit of the same, from time to time, as required by him, all moneys received from the sale of cemetery lots and blocks, all donations and all appropriations from the city treasury for cemetery purposes or otherwise, and such moneys shall be appro- priated and used only for the care of and for improv- ing, ornamenting and beautifying the cemetery grounds: Provided , the cemetery committee shall not expend the cemetery fund in advance of the receipts thereof, nor incur any debts on account of said cemetery without the consent of the city council. 84 City Clerk to Keep Record , Etc. Sec. 7. I he city clerk shall keep and preserve in his office the plats of the cemeteries, and also a record in numerical order of the lots and blocks in said cemeteries, with the price at which each is for sale, and when any lot or block is sold the city clerk shall make an entry opposite the number of the lot or block on the record of the name of the purchaser, the amount sold for and the date of the sale, and shall also designate the lot or block sold by coloring the same on the plat. 48 ORDINANCES OF THE 85 Burial Permit Required — How Issued — Contents. Sec. 8. Any person desiring to make an interment in any cemetery within the city shall apply to the city clerk for permission so to do, and upon payment of the sex- ton’s fees and the sum charged the city clerk shall deli\er to the applicant a certificate to the sexton stat- ing the name of the deceased and the number of the lot or block in which the deceased is to be interred, and shall make an entry in a suitable book of the name of the deceased, the date of death, the disease, cause or manner of death, and sex and color of deceased, and if the deceased shall be a stranger or pauper without means and no person chargeable with the interment or liable therefor, the clerk’s certificate shall so state. 86 Sexton to Require Permit — Penalty — Certificates Returned. Sec. 9. The sexton shall make no inter- ment without the delivery of the certificate of the clerk to him nor in any other lot than is named therein, under a penalty for so doing of five dollars for each offense. The sexton shall, on the first Monday of each month, return to the city clerk all the certificates received by him during the preceding month, and they shall be com- pared with the entries on the clerk’s books to see if they correspond thereto. 87 Sexton s and Clerks Fees. Sec. 10. The city clerk shall receive for each burial certificate the sum of fifty cents, and the city sexton shall receive for digging each grave and attending to the interment of the body therein of the age of fifteen years or over, three dol- lars; under the age of fifteen, two dollars; to be paid when the burial certificate is issued. 88 Fee for Single Grave — When and to Whom Paid. Sec. 11. The price established by the cemetery com- mittee to be paid for a single grave in that part of the cemetery set apart for the burial of the inhabitants of the city not having private lots shall be paid to the sex- ton in the same manner as in case of other graves, and the fees shall be the same as above given. CITY OF CARBONDALE 49 89 Interments Prohibited Where — Proviso — Penalty . Sec. 1 2. It shall be unlawful to make any interment, or bury the dead body of any person, at any place within the city limits, or within one-half mile thereof, except in said Oakland cemetery: Provided , that the owners of lots in said old (Woodland) cemetery not already occu- pied may make interments, or bury the dead bodies of the members of their own families in such lots; and whoever shall violate any provision of this section shall, on conviction, be fined not less than twenty-five nor more than two hundred dollars for each and every offense. 90 Injury to Monument , Etc — Penalty. Sec. 13. Whoever shall remove or carry away, or wilfully, ma- liciously or negligently break, deface, destroy or other- wise injure any monument, tombstone, tree, shrub, plant, vase, paling, fence, gate, or any other property, article or thing belonging to, or placed or erected in, any cemetery within, or under the control of, the city council of this city, or shall pluck any flowers therein, or trespass upon or maltreat any grave therein, or shall violate any of the established rules or regulations for the government thereof, shall, on conviction, be fined not less than five nor more than two hundred dollars for each and every offense; and shall also be liable, in a separate suit, for the costs and expenses of repairing the injury so done. 91 Hunting, Etc., in Cemeteries Prohibited — Penalty. Sec. 14. Whoever shall hunt, discharge firearms, set off or explode fireworks, except as a part of any burial or other service, or shall otherwise trespass upon any cemetery or burying ground, within this city, or within or under the jurisdiction of the city council thereof, shall, on conviction, be fined not less than ten nor more than one hundred dollars for each and every offense. ORDINANCES OF THE 5 ° CHAPTER VII. CITY COUNCIL. 92. Regular Meeting — Time Of . Section i. The regular meeting of the city council shall be held on the first Tuesday of each month at 7:30 p. m. Time and place of meeting must be fixed by ordinance. R. S. Chapter 24, Section 9. Powers of city council. R. S. Chapter 24, Article V, Section 1. City council — how composed. R. S. Chapter 24, Article III, Section 1. Number aldermen, qualifications, length of term, vacancies, etc. R. S. Chapter 24, Article III, Sections 2, 3, 4, 5. When mayor may give casting vote. R. S. Chapter 24, Article II, Section 6. Carrolton vs. Clark, 21 111 . App. 74. 93 Special Meetings — Where Held— Time Of . Sec. 2. Special meetings of the city council shall be held at the same place as may be fixed for the holding of reg- ular meetings, and on such day and at such hour as may be designated in the notice hereinafter provided for calling the same: Provided , if no hour be named in such notice, then such special meeting shall be held at the hour fixed for the holding of regular meetings. 94 Special Meetings — Order For — Notices. Sec. 3. When special meetings of the city council are called by the mayor, an order therefor, signed by him, shall be filed with the city clerk, and when special meetings of the city council are called by four or other number of aldermen, as may be by law provided, an order there- for, in writing, signed by such aldermen, shall be filed with the city clerk, which order shall, in either case, state the time when such special meeting shall convene and the purpose for which it was called. When an CITY OF CARBONDALE 51 order calling a special meeting as above provided has been filed with the city clerk he shall immediately send to all the members of the city council notices, in writ- ing, signed by him, which notices shall state the time fixed for the convening of such special meeting and the purpose for which it is called. Who may call special meeting. R. S. Chapter 24, Article III, Section 17. Council may prescribe manner of calling the same. R. S. Chap- ter 24, Article III, Section 9. Reconsidering or rescinding vote at special meeting. R. S. Chap- ter 24, Article III, Section 14. 85 . Quorum — Failing to A ttend, Etc . — Penalty . Sec . 4. A majority of the aldermen-elect shall constitute a quorum to do business, but a smaller number may ad- journ from time to time and compel absentees to attend any regular or special meeting by a written citation to that effect, stating the day and hour of said meeting, such citation to be signed by the mayor or aldermen issuing the same, and may be served by the day mar- shal or any officer authorized to serve process within the city, by reading the same to such absentees. Any alderman wilfully refusing to obey such citation shall forfeit five dollars, to be deducted out of his salary, and upon repeated refusal to obey such citation such alderman may be expelled and his office declared va- cant. Concerning quorum and compelling attendance. R. S. Chapter 24, Article III, Section 8. q6 Votes by "Yeas' and “ Nays' — Call of Roll. Sec. 5. All votes in the city council upon which the yeas and nays are required by law or the ordinances of the city to be recorded shall be taken upon a call of the roll of aldermen by the city clerk, each alderman answer- ing yea or nay, as he may vote. When yeas and nays must be called. R. S. Chapter 24, Article III, Section 13. What is sufficient record of yeas and nays. Barr vs. Village of Auburn, 89 111 . 361. LIBRARY UNIVERSITY OF ILLINOIS \mkM 52 ORDINANCES OF THE 97 Report Laid Over — What to Be Done. Sec. 6. When any report of any committee is deferred or laid over from one meeting of the city council to another upon the written request of any two aldermen, such re- quest shall be entered on the journal of the city coun- cil, with the names of the aldermen making the same. When report must be laid over. R. S. Chapter 24, Article III, Section 15. 98 Committees — What , and How Composed — Duties Of. Sec. 7. The standing committees of the city coun- cil shall be: A street committee, a finance committee, an ordinance committee, a police and jail committee, a cemetery committee. Each committee shall consist of four members, one from each ward. (1.) The street committee shall have charge of the streets, alleys, avenues and public grounds of the city, of sidewalks and crossings, and see to it that the ordinances of the city council relating thereto are faith- fully executed and carried out. It shall have charge of all sewers, electric lights and water works of the city, and all works for draining the city; shall carefully observe the situation and operation of the same, and shall discharge such other duties as maybe imposed on it by the city council. (2.) The finance committee shall have the general charge of the finances of the city, shall examine all bills and claims against the city referred to it, and shall report upon the correctness of the same, and no bill or claim, except salaries of officers fixed by ordinance, shall be paid without such reference and report there- on; and when the committee shall think proper, shall recommend such measures as shall tend to relieve the city from financial embarrassment and keep its financial affairs in a healthful and sound condition, and shall perform such other duties as may be required by the city council. (3.) The ordinance committee shall examine into and report upon all questions touching the enactment, amendment and repeal of ordinances. CITY OF CARBONDALE 53 (4.) The police and jail committee shall have charge of all police matters and of the city jail build- ing; shall, from time to time, visit and examine into the condition of the city jail and the prisoners therein, and report the same to the city council; shall also con- stitute a committee on miscellaneous affairs, to whom all matters not referred to some standing or special committee shall be referred. (5.) For duties of committee on cemeteries, see chapter of this ordinance on cemeteries. 99 Standing Committees — Appointment Of \ Etc . Sec. 8. All standing committees shall be appointed by the mayor, subject to the approval of the city council, at the first meeting of the new council after each and every annual election: Provided , nothing in this chap- ter contained shall prevent the creation or appointment of such other standing or special committees as the city council may from time to time deem expedient or nec- essary. 100 Offering Bribe to Councztmen — Penalty. Sec. 9. Any person who shall give, promise or offer to give, or furnish to be given, offered or promised, any money or valuable thing, or any favor or promise thereof, to any member of the city council as a consideration or induce- ment to vote for or against, or as compensation for having voted for or against, any question, proposition, ordinance, resolution, order, appointment or motion pending in or to be determined by, or to be brought for determination before, the city council, upon which a vote may be or may have been required, shall, on con- viction, be fined not less than fifty nor more than two hundred dollars. R. S. Chapter 24, Article VI, Section 79. R. S. Chapter 38, Sections 31-35. 1 01 Councilmen Accepting — Penalty. Sec. 10. Any member of the city council who shall accept or receive any money or other valuable thing, or any promise 54 ORDINANCES OF THE thereof, or any favor or any promise of favor, as a con- sideration or inducement to vote for or against any question, proposition, ordinance, resolution, order, ap- pointment or motion pending in and to be determined by, or having been determined by, or to be brought for determination before, the city council, upon which a vote may be or may have been required, shall, on con- viction, be fined not less than fifty nor more than two hundred dollars. R. S. Chapter 24, Article VI, Section 79. R. S. Chapter 38, Sections 31-35. CHAPTER VIII. CITY OFFICERS— THEIR DUTIES AND OFFICIAL BONDS. 102 What Officers Provided For. Section 1. That the officers of this city (in addition to the mayor and aldermen) shall be a city clerk, city treasurer, city attor- ney and one police magistrate. A day marshal, a night marshal, street commissioner, city jailer, sexton and other officers may be appointed by the mayor, by and with the advice and consent of a majority vote of all the aldermen authorized by law to be elected; such vote to be taken by the yeas and nays and entered of record. What officers council may provide for. R. S. Chapter 24, Article VI, Section 2. Concerning police magistrate. See R. S. Chapter 24, Article XI; 111 . Const. Article II, Section 21. Appointment and removal of officers. See R. S. Chapter 24, Section 192, clause 240, mayor’s bill. CITY OF CARBONDALE 55 103 To Take Oath and Give Bond — Form Of. Sec. 2. Every officer of said city shall, before entering upon the duties of his office, take and subscribe the oath pre- scribed by law, and when so required by law or ordi- nance shall execute a bond, with security to be approved by the city council, payable to the city of Carbondale, and conditioned for the faithful discharge of the duties of his office, and that he will, at the expiration of his term of office, or upon his resignation or removal from office, account for, pay over and deliver to his successor in office, or to the person legally appointed to receive, all money, books, papers and everything pertaining to his office, which bond shall be substantially in the fol- lowing form: Know All Men by these Presents , That we as principal, and and as sureties, are held and firmly bound unto the city of Carbondale in the penal sum of dollars lawful money of the United States, for the payment of which we bind our- selves, our heirs, executors and administrators, jointly, severally and firmly by these presents. Sealed with our seals and dated this day of A. D. 19. . The condition of the above obligation is such that, whereas, the above bounden was, on the day of A. D. 19.. duly elected (or appointed, as the case may be), to the office of of the city of Carbondale. Now, if the said shall well, truly and faithfully discharge and perform the duties of the said office, and shall, at the expiration of his term of office, surrender the said office and pay over all money in his hands by him held by virtue of said office, and deliver all books, papers, furniture and appurtenances of said office to his legally qualified suc- cessor, or in case of his removal from said office or res- ignation thereof before the expiration of his term of office, shall surrender the same and all the appurte- nances thereof to the person appointed to receive the same, then this obligation shall be void; otherwise to remain in full force and effect. 56 ORDINANCES OF THE Signed, sealed and delivered the day and year above written. SEAL. SEAL. SEAL. And, unless otherwise provided by law or ordinance, the amount of the official bond of the respective officers of the city shall be as follows: Of the mayor $3,000 oo Of the city clerk 1,000 00 Of the city treasurer at not less than the amount of the estimated tax and special assessments for the current year. Of the city attorney $1,000 00 Of day marshal 2,000 00 Of night marshal 2,000 00 Of street commissioner .... 1,000 00 Of city jailer 500 00 Of city sexton 500 00 Authorized by statute. R. S. Chapter 24, Article VI, Section 4. 1 04 Oath of Office — Where Filed. Sec. 3. The oath of office shall, in all cases, be administered by the city clerk, except his own oath, which shall be administered by the mayor. Such oaths of office shall be in writing and filed in the office of the city clerk. See note last section. 105 Who Eligible to Office. Sec. 4. No person shall be eligible to any office who is not a qualified elector of the city and who shall not have resided therein at least one year next preceding his election or appointment, nor shall any person be eligible to any office who is a defaulter to the corporation. R. S. Chapter 24, Article VI, Section 6. 106 Officer Not to Be Interested in Contract. Sec. 5. No officer shall be, directly or indirectly, interested in any contract, work or business of said city, or the sale of any article the expense, price or consideration of CITY OF CARBONDALE 57 which is paid from the treasury or by any assessment levied by any act or ordinance, nor in the purchase of any real estate or other property belonging to the cor- poration or which may be sold for taxes or assessments, or by virtue of legal process at the suit of said corpora- tion. R. S. Chapter 24, Article VI, Section 7. 107 Other Office , Officers Not to Hold. Sec. 6 . No mayor, alderman, city clerk or treasurer shall hold any other office under the city government during his term of office. R. S. Chapter 24, Article VI, Section 9. 108 Officers to Be Conservators of Peace. Sec. 7. The mayor, aldermen, city marshal and all policemen and watchmen of said city shall be conservators of the peace, and as such shall exercise the power conferred on them under section 83, chapter 24, R. S. 1874. 109 Constable and Sheriff— Jurisdiction. Sec. 8. Any constable or sheriff of Jackson county, Illinois, may serve any process or make any arrest authorized to be made by any city officer. R. S. Chapter 24, Article V, Section 9. no Officers to Be Commissioned — What Form Of. Sec. 9. All city officers, except the mayor, aldermen and city clerk, shall be commissioned by warrant under the corporate seal, which commissions shall be signed by the mayor and city clerk and issued by the city clerk, and may be in the following form: STATE OF ILLINOIS, ) County of Jackson, > ss. City of Carbondale. ) To All to Whom These Presents Shall Come , Greeting: Ynow ye, that, having been duly elected (or appointed, as the case may be,) to the office of of the City of Carbondale, I, Mayor of 58 ORDINANCES OF THE said city, for and in behalf of the people thereof, do hereby commission him in and for said said city, to have and possess said office, with all the rights, powers and emoluments incident thereto, and with authority to execute all the duties thereof, ac- cording to law and ordinance, until his successor shall be duly chosen and qualified. In testimony whereof, I have hereunto set my hand and caused the corporate seal [seal] of said city to be affixed, this ... day of , A. D. nineteen hundred and By the Mayor. Mayor. City Clerk. The mayor shall issue a certificate of election to the city clerk, under the seal of the corporation, and the city clerk shall so issue certificates of election to the mayor and each alderman. Authority to commission. R. S. Chapter 24, Article VI, Section 5. 1 1 1 Oath of Office — Form Of. Sec. 10. Every officer, whether elected or appointed, shall, before entering upon the duties of office, take and subscribe an oath or affirmation, which may be substantially in the following form, viz: “I do solemnly swear (or affirm) that I will support the Constitution of the United States, the Constitution of the State of Illinois, and will faithfully discharge the duties of the office of of the City of Carbondale, Illinois, according to the best of my ability.” 1 12 Officers Not to Be Sureties for Each Other. Sec. 1 1. No member of the city council, and no person hold- ing any office in this city, shall become surety on the official bond of any other officer of this city. 1 13 Appointive Officer — WJmi Absent. Sec. 12. No appointive officer shall be absent from the city without asking consent, which may be given by the mayor. CITY OF CARBONDALE 59 1 14 Account of Moneys Received . Sec. 13. All officers collecting any moneys belonging to the city shall immediately pay over the same to the treasurer, and shall at the first regular meeting in each month pre- sent a full, itemized and true statement of all amounts received during the preceding calendar month, attach- ing thereto a duplicate receipt of the treasurer. Any officer failing to so turn over any funds collected by him, or failing to make an account as above required, unless prevented through sickness or some other good reason, shall be subject to a fine of not less than ten dollars nor more than one hundred dollars. 1 15 Records . Sec. 14. All records, books, papers and files pertaining to any city office shall at all rea- sonable times be subject to inspection by other city offi- cers, and by all persons interested therein, and all officers shall, when requested, give all information in their power to the mayor, council, attorney, or any officer or department of the city government. And any city officer refusing to allow inspection of his rec- ords under the provisions of this section shall be fined not less than ten dollars nor more than one hundred dollars. 1 16 Resignations — Where Filed. Sec. 15. When any officer shall desire to resign his office, his resigna- tion shall be in writing, addressed to the city council, and filed with the city clerk at least twenty days before its taking effect. 1 17 Officers Exempt From Street Labor. Sec. 16. The mayor, aldermen, city clerk, city attorney, city treasurer, city marshal, members of the fire depart- ment and all other city officers shall be exempt from labor on the streets and alleys of the city. R. S. Chapter 24, Article V, Section 10. 1 18 Elective Officers — When to Assume Office. Sec. 17. All elective officers of this city shall assume and enter upon the discharge of the duties of their respect- ive offices at the first regular council meeting on the 6o ORDINANCES OF THE first Tuesday of May next after their election, except in case of officers elected to fill vacancies, who shall assume and enter upon the discharge of the duties of their offices as soon as qualified; and all officers appointed by the mayor and city council shall assume and enter upon the discharge of the duties of their offices at such time, not exceeding ten days from the date of their appointment, as may be fixed by the order of appoint- ment. i iq Misconduct — Failure to Deliver Books — Penalty. Sec. 18. Any officer of the city who shall wilfully fail, neglect or refuse to surrender his office or deliver to his successor any money, books, papers, stationery or furniture pertaining to the office for more than five days after demand made by a legally qualified successor, or, in case of his removal or resignation before the expira- tion of his term, to the person legally appointed to receive the same, shall forfeit and pay not less than twenty-five nor more than two hundred dollars, to be recovered in an action, in the name of the city, directly against him or on his official bond; and every person holding an office in and by the authority of the city shall be liable on his official bond for the value of any- thing pertaining to the office lost while he shall hold or have charge of the same. R. S. Chapter 24, Article II, Section 14. 120 Vacancy in Office of Police Magistrate — How Filled. Sec. 19. Whenever any vacancy shall occur in the office of police magistrate in the city, by the death, removal or inability to serve of the person elected to that office, the city council shall forthwith order an election to fill such vacancy: Provided , the unexpired portion of the term during which such vacancy occurred shall equal or exceed one year, but if such unexpired portion of such term be less than one year, then the mayor, by and with the advice and consent of the city council, shall fill such vacancy by appointment. R. S. Chapter 24, Article VI, Section 3. State Const. Article VI, Section 32. CITY OF CARBONDALE 6l 1 2 1 Falsely Pretending to Be Officer , Etc. — Penalty. Sec. 20. VVhover shall, in this city, falsely represent himself to be an officer of the city, or shall, without be- ing duly authorized by the city, exercise or attempt to exercise any of the duties, functions or powers of a city officer, or shall hinder, obstruct, resist or otherwise interfere with any city officer in the discharge of the duties of his office, or shall attempt to prevent any such officer from arresting any person, either by force or by giving notice to such person, or shall attempt to rescue from such officer any person in his custody, shall, on conviction, be fined not less than twenty-five nor more than two hundred dollars. Criminal Code, R. S. 38, Section 102. 122 Refusing to Join Posse — Penalty. Sec. 21. Every male person in the city above the age of eighteen years who shall refuse to join the posse of any city mar- shal, or any other officer or person constituted by law a peace officer, or conservator of the peace of the city, to assist in arresting any person against whom there may have been issued any civil or criminal process for the arrest of such person, or to assist in arresting any per- son who may have escaped after having been arrested, or by neglecting or refusing to aid and assist in prevent- ing any breach of the peace, or the commission of any criminal offense, or in preventing or suppressing any riot, rout, affray or disturbance of the peace, after hav- ing been lawfully requested by such peace officer or con- servator of the peace to join in such posse , or to assist in any such arrest, or in preventing or suppressing any such riot, rout, affray or disturbance of the peace, shall, on conviction, be fined not less than three nor more than twenty-five dollars. Criminal Code, R. S. Chapter 38, Section 341. MAYOR. 123 Qualifications Of. Sec. 22. The mayor shall be a citizen of the United States, a qualified elector, 62 ORDINANCES OF THE reside within the city limits, hold his office for two years, and until his successor is elected and qualified. R. S. Chapter 24, Article II, Section 1. 124 Vacancy — How Filled. Sec. 23. Whenever a vacancy shall occur in the office of mayor, when the unexpired term is more than one year from the date when vacancy occurs, such vacancy shall be filled by an election. If the vacancy is less than one year, the city council shall elect one of its number to act as mayor, who shall possess all the lights and powers of mayor until the next annual election and until his successor is elected and qualified. If the mayor at any time during the term of his office removes from the city his office shall thereby become vacant. R. S. Chapter 24, Article II, Sections 3-5. 125 Mayor Pro Tern . — - When and How Provided For. Sec. 24. During a temporary absence or disability of the mayor the city council shall elect one of its number to act as mayor pro tern., who, during such absence or disability, shall possess the powers of mayor. R. S. Chapter 24, Article II, Section 4. 126 Mayor to Preside — When to Vote. Sec. 25. The mayor shall preside at all meetings of the city council, but shall not vote except in case of a tie, when he shall give the deciding vote. R. S. Chapter 24, Article II, Section 6. 127 Mayor to Remove Appointive Officer — When. Sec. 26. The mayor shall have power to remove any officer appointed by him on any formal charge when- ever he shall be of the opinion that the interests of the city demand such removal, but he shall report the rea- sons for such removal to the city council at its next reg- ular meeting. R. S. Chapter 24, Article II, Section 7. 128 May Release Prisoner — Reasons. Sec. 27. He may release any person imprisoned for violation of any CITY OF CARBONDALE 63 ordinance, and shall report such release, together with the reason therefor, to the city council at its first session thereafter. R. S. Chapter 24, Article II, Section 9. 1 29 Other Duties. Sec. 28. He shall perform all such duties as are or may be prescribed by law or by the city ordinances, and shall take care that the laws and ordinances are faithfully executed. R. S. Chapter 24, Article II, Section 10. CITY CLERK. 130 Clerk — Duties Of. Sec. 29. The city clerk shall attend at every meeting of the city council, and shall keep a correct record of all proceedings of the same; he shall keep the corporate seal, and use it in all cases where necessary whenever applied to for that pur- pose; he shall notify all committees appointed by the city council of their appointment and of the business referred to them; he shall notify all judges and clerks of election of their appointment; shall issue all license; shall keep all papers pertaining to his office; shall record in a well bound book all ordinances of said city, and have all ordinances published as required by law; he shall not suffer any record, paper or other instrument in writing in his possession as such clerk to be taken from his office by any other person than himself or some city officer entitled thereto; and, if through his carelessness or negligence any paper, record or other city property entrusted to his care be lost or damaged, he shall, on conviction, be fined not less than three nor more than one hundred dollars, and shall be liable on his bond for all loss or damage resulting to the city therefrom; he shall attest all deeds and leases and con- tracts made by the council, and, together with the mayor, sign all ordinances, bonds, license and orders on the city treasurer, and affix the seal of the city thereto, and perform such other duties as may be re- quired by the city council. R. S. Chapter 24, Article VI, Sections 10-n. 64 ORDINANCES OF THE CITY TREASURER. 13 1 Treasurer — Duties Of . Sec. 30. The city treas- urer shall receive all moneys belonging to said city, and shall keep his books and accounts in such shape as to exhibit at all times the true financial condition of the corporation, and such books and accounts shall always be subject to inspection of any member of the city coun- cil; he shall keep a separate account of each fund or appropriation and the debits and credits belonging thereto, and he shall give every person paying money into the treasury duplicate receipts therefor. R. S. Chapter 24, Article VII, Sections 5-6-7. 132 Report Of— What to Show , Etc . Sec. 31. The city treasurer shall at each regular monthly meeting render an account, under oath, showing the state of the treasury at the date of such account and the balance of money in the treasury unexpended belonging to the sev- eral approbations; he shall accompany such account with a statement of all moneys received into the treas- ury and on what account, together with all warrants redeemed and paid by him, which said warrants, with any and all vouchers held by him, shall be delivered to the city clerk and filed with his said account in the city clerk’s office; all warrants paid by him shall be stamped or marked “paid;” he shall keep a register of all war- rants paid and redeemed, which shall describe such war- rants and show the date, amount, number, the fund from which paid and the name of the person to whom and when paid. R. S. Chapter 24, Article VII, Section 8. 133 Annual Report — What to Show. Sec. 32. The city treasurer shall report to the city council as often as required a full and detailed account of all receipts and expenditures of the corporation as shown by his books up to the time of making said report, and he shall an- nuallv, between the first and tenth of April, make out and file with the clerk a full and detailed account of all such receipts and expenditures, and of all his trans- CITY OF CARBONDALE 65 actions as such treasurer during the preceding fiscal year, and shall show in such account the state of the treasury at the close of the fiscal year, which account the clerk shall immediately cause to be published in a newspaper printed in said city. R. S. Chapter 24. Article VII, Section 10. 134 Warrants — By Whom Signed and Issued. Sec. 33. All warrants drawn upon the city treasury shall be stamped with the seal of the city, be signed by the mayor and countersigned by the clerk, and shall state upon their face the date, when allowed, for what, and to what particular fund or appropriation they are chargeable, and to whom payable. R. S. Chapter 24, Article VII, Section 11. 135 Penalty. Sec. 34. For any failure of the city treasurer to comply with the provisions of sections 17, 18 and iq of this chapter he shall, on conviction, be fined not less than ten nor more than two hundred dol- lars. CITY ATTORNEY. 136 Duties — Qualifications and Authority Of . Sec. 35. The city attorney shall be a regularly licensed at- torney in the courts of the State, and shall prosecute or defend, in behalf of the city, all suits and actions originating and pending in any court of this State to which the city is a party, whether for violation of the ordinances or otherwise, or in which the interests of the city are in anywise affected, or in which the official acts of any of the officers, agents or servants of the city are involved: Provided , it is the duty of the police magistrate and every justice of the peace to see that the city attorney is notified of every case before them in which the city, or any officer thereof in his official capacity, is a party or in any manner interested. 137 To Advise City Council. Sec. 36. The city at- torney shall advise the city council, or its committees 66 ORDINANCES OF THE or any city officers, on such legal questions as may arise in relation to the business of the city, and it shall be his duty to draw all ordinances, bonds, contracts, or other papers which may come up for passage or action upon by the city or its officers or committees; he shall report to the city council all cases in which he shall deem it expedient to take an appeal or writ of error on behalf of the city; he shall keep an account book showing all claims placed in his hands for collection, all moneys received by him on account of the city, and all payments to the city treasurer; also to see that all judgments in favor of the city are properly and promptly enforced by execution or other proper final process; he shall personally attend any meeting of the city council when required by the . mayor, city council or any of its committees so to do. The city clerk shall deliver to him any bond or necessary paper to be used in any suit or proceeding, taking his receipt for the same. 138 Absence — What to Do. Sec. 37. The city attor- ney may, in case of temporary absence or otherwise being unable to attend to the duties of his office, with approval of the mayor, appoint some competent attor- ney to act in his place, who, when acting, shall be enti- tled to all the emoluments and fees. 139 May Dismiss Suits — When. Sec. 38. He may dismiss any suit instituted by or in behalf of the city whenever he shall be of opinion that the evidence is not sufficient to sustain the same; and it shall be his duty in all cases where he is engaged to see, so far as may be in his power, that justice be done to the city. CITY MARSHAL. 140 Day Marshal — Duties Of. Sec. 39. It is the duty of the day marshal to patrol the streets of the city from 6 o’clock a. m. till 6 o’clock p. m. of each day; preserve order while on duty; arrest all persons by him found committing any crime or violating any ordinance of CITY OF CARBONDALE 67 the city; exercise proper care for the preservation of property and the prevention of fires and conflagra- tions; promptly give the alarm of fire when necessary, and perform such other duties as may, by law or ordi- nance, be required of him. He shall be the general police officer of the city; shall attend to the service and execution of all writs and papers issued by the po- lice magistrate or any justice of the peace in suits aris- ing under the ordinances for violations of the same while he is on duty; except in cases where he may be of kin to the party charged, or prejudiced against the complaining witness, or for other good cause, the exe- cution of such writs and papers shall be given to some other officer. Under the direction of the city council and its committee on streets, he shall have charge of the improvement, construction and repair, and also general superintendence and care, of all streets, alleys, public ways, sidewalks, crosswalks and crossings within the limits of the city, and it is his duty to see that all such streets, alleys, public ways, sidewalks, crosswalks and crossings are kept in good repair, except when there is a regularly appointed and commissioned street commissioner serving. The day marshal shall perform such other and further duties as may from time to time be by law or ordinance required of him; he shall at all times while on duty wear some badge to indicate his official character; he shall keep all sidewalks in the city clear and free from obstruction, and shall remove, or cause to be removed or abated, all nuisances from within the city limits; and for the purpose of execut- ing the duties of his office he shall possess the power and authority of a constable at common law and under the statutes of Illinois. Duties and power of marshal. R. S. Chapter 24, Article VI, Sec- tion 2. NIGHT MARSHAL. 1 4 1 . Night Marshal — Duties Of. Sec, 40. It is the duty of the night policeman to patrol the streets of the city from 6 o’clock p. m. till 6 o’clock a. m. of each day; 68 ORDINANCES OF THE preserve order while on duty; arrest all persons by him found committing an) r crime or violating any ordinance of the city; see that all business houses, shops, offices and other business places are closed and fastened after business hours; exercise proper care for the preserva- tion of property and the prevention of fires and confla- grations; promptly give the alarm of fire when neces- sary, and perform such other duties as may by law or ordinance be required of him. He shall be a general police officer of the city; shall attend to the service and execution of all writs and papers issued by the police magistrate or any justice of the peace in suits arising under the ordinances for violations of the same while he is on duty, except in cases where he may be of kin to the party charged or prejudiced against the com- plaining witness, or for other good cause, the execution of such writs and papers shall be given to some other officer. He shall keep a careful account of all street lights that are out of repair or fail to burn and report the same, in detail, to the city council monthly. He shall perform such other and further duties as may from time to time be by law or ordinance required of him; he shall at all times while on duty wear some badge to indicate his official character; he shall while on duty keep all sidewalks in the city clear and free from obstruction, and shall remove, or cause to be re- moved or abated, all nuisances within the city limits; and for the purpose of executing the duties of his office he shall possess the power and authority of a constable at common law and under the statutes of Illinois. See note to Sec. 40 above. STREET COMMISSIONER. 142. Street Commissioner — Duties Of. Sec. 41. The street commissioner shall, under direction of the city council and its committee on streets, have charge of the improvement, construction and repair, and also general superintendence and care, of all streets, alleys, public ways, sidewalks, crosswalks and crossings within the limits of the city, and it is his duty to see that all such CITY OF CARBONDALE 6q streets, alleys, public ways, sidewalks, crosswalks and crossings are kept in good repair; and for any neglect, failure or refusal so to do he, and the sureties upon his official bond, shall be liable and be required to reim- burse and make good to the city any sum or sums of money recovered against or from the city in any suit or action for damages for injuries in consequence of such failure, neglect or refusal, together with all costs of ac- tion and for all sums paid by the city as attorneys’ fees in and about the defense of such action or actions. When officer provided for only by law council has full control over him. Dillon on Munic. Corp., Section 212. R. S. Chapter 24, Article V, Section 1, Clause 71. R. S. Chapter 24, Article VI, Section 3. 143 Same — Further Duties — Power Of. Sec. 42. He shall superintend, oversee and direct all prisoners while laboring upon the streets and alleys of the city in satisfaction of any fines or costs, or either, and is re- sponsible for the custody of all prisoners while on the streets; he shall see to it that all prisoners as are re- quired to work out fines and costs, or either, perform work as may be required by ordinance; and if he refuse or fail so to do, or shall negligently or wilfully suffer the escape of any prisoner while in his custody, he, and the sureties on his official bond, shall be liable for the amount of the fine and costs adjudged against any such prisoner; he shall perform such other duties as may by law or ordinance be required of him. To enable him effectually to discharge the duties herein imposed upon him he is authorized, whenever necessary, to restrain and enforce obedience from any refractory, unruly or vicious prisoner in his custody by attaching to such prisoner a ball or chain or other suitable contrivance, instrument or thing. Dillon on Munic. Corp., Section 212. R. S. Chap. 24, Article V, Section 1, Clause 71. R. S. Chap. 24, Article VI, Section 3. 70 ORDINANCES OF THE SEXTON. 144 Sexton— Duties Of. Sec. 43. The sexton shall, under the direction of the committee on cemeteries, have charge of the cemeteries, and keep and preserve in good order and repair the grounds, buildings, ave- nues, walks and fences thereof, and shall also see that all ordinances relating to, and all rules and regulations for the government of, said cemeteries are enforced. CHAPTER IX. CITY CONTRACTS. 145 To be Let to the Lowest Responsible Bidder — When. Section 1. All contracts for the making of any public improvement or public work of any kind whatso- ever in the city of Carbondale, to be paid for in whole or in part by special assessment, special taxation or otherwise, shall be let to the lowest responsible bidder therefor in the manner hereinafter prescribed, and be approved by the mayor: Provided , that any such con- tract may be entered into by the city clerk, or other proper officer, without advertising for bids, when au- thorized by a vote of three-fourths of all the aldermen elected to the city council. In general, city contracts by ordinance or resolution. Alton vs. Mulledy, 21 111 ., 76; Athens vs. Thomas, 82 111 ., 259. 146 How to Let — Advertisement — Contents Of. Sec. 2. Whenever any public improvement or public work of any kind whatsoever shall become necessary within the city, and is ordered by the city council to be done, which by law or ordinances of the city is required to be let by contract to the lowest responsible bidder, CITY OF CARBONDALE 7 the city clerk shall, under the direction of the city coun- cil, unless the city council dispense with the necessity of advertising in such manner as may by law or ordi- nance be provided, advertise in some newspaper printed in the city, or if there be no such newspaper, then by at least five written or printed notices posted up in public places in different parts of the city, not less than ten nor more than thirty days, for sealed proposals, or bids, for the doing of such work, which advertisements or notices shall contain a description of the character and quantity of the work to be done, with specifications as to the manner of doing the same, a statement of what will be required of bidders, and the time for and during which bids will be received, which time must, in all cases, expire with the day preceding a meeting of the city council, together with such other matters as the city council may deem proper, and the right to reject any and all bids must be reserved in all cases. Contracts not authorized by law are void. Miller vs. Goodwin, 75 111 ., 659; People vs. Dupuyt, 71 111 ., 65. 147 Special Committee o?i Printing — Duties Of . Sec. 3. The mayor shall appoint a special committee of four aldermen, to be designated and known as the printing committee, whose duty it shall be: To have supervision of all printing done for the city; to audit, and approve or reject, bills for same; to designate some newspaper or newspapers in which all advertising for the city shall be done, and make contracts for same; to supervise orders for the furnishing of all stationery, blanks, records, election supplies, and all other printed matter of like character. All bills for printing, supplies, advertising, etc., shall be duly examined by the city clerk, and if found to be correct shall be so endorsed by him and immediately placed in the hands of t fie printing committee for its consideration. No bills for printing for the city contracted in any other than the foregoing manner shall be allowed by the city council. The said printing committee, when so appointed by the mayor, shall perform the duties above designated until the first regular meeting of the city council in May, ORDINANCES OF THE 1907; and annually thereafter, at the first regular meet- ing of the city council in the month of May the mayor shall appoint a new printing committee. Any vacancy or vacancies occurring in the printing committee shall be filled by the mayor at the first regular or special meeting of the city council after any such vacancy or vacancies shall have occurred. Contract or expenditure not legal without appropriation. R. S. Chapter 24, Article VII, Sections 1, 2, 3. Officer not to be interested in contract. R. S. Chapter 24, Arti- cle VI, Section 7 ; R. S. Chapter 38, Section 208. Penalty for an officer exceeding appropriation. R. S. Chapter 38, Section 208. City council nay provide by ordinance for all printing, fuel, sup- plies, etc., for use of city, to be let by contract to lowest bidder. R. S. Chapter 24, Article V, Section 1, Clause 94. An ordinance passed and accepted by a city to be affected there- by creates a contract which the city council can not change. People vs. C. W. D. Ry. Co., 18 111 . App., 127. 148 Bids — Bond zuith — Conditions. Sec. 4. The city council shall not receive nor consider any bids for any such work unless accompanied by a bond executed by the bidder, with security to the satisfaction of the city coun- cil, in at least double the amount of the bid, as liqui- dated damages, payable to the city of Carbondale, con- ditioned that if such bid is accepted the bidder will, within ten days after the award is made, enter into con- tract with the city, as specified in the advertisement or notices soliciting bids, and will execute a bond condi- tioned for the faithful performance of such contract on his part in such sum as may be required by the ordi- nance providing for the making of the improvement or doing of the work. 149 Opening Bids — Contract — Bond. Sec. 5. At the time appointed for the opening of the proposals or bids the city comptroller or clerk, as the case may be, shall, in the presence of the city council, publicly open the proposals or bids, and the contract shall be award- ed to the bidder who is the lowest responsible bidder, CITY OF CARBONDALE 73 and the officer having advertised shall proceed at once, on behalf of the city, under the direction of the city council, to enter into contract with such bidder for the doing of such work, and shall take bond, with security to the satisfaction of the city council, from such bidder in such sum as may be required, not less than double the amount of the estimated cost of such work, conditioned for the faithful performance thereof, and such contract and bond shall thereafter remain in the custody of the city clerk. 150 Failing to Comply with Bid— Suit — Readvertise- ment . Sec. 6. If any bidder to whom a contract is awarded shall fail to enter into contract as herein re- quired, the officer having advertised shall report the fact to the city attorney, who shall institute suit in the name of the city upon his bond, in some court having jurisdiction, to recover the damage therein specified; and the officer having advertised for bids shall, unless otherwise ordered by the city council, forthwith proceed to readvertise for bids in the same manner as before. 15 1 Cancelling Contract — Further Proceedings. Sec. 7. If any contractor for city work shall fail to fulfill his contract, the city council may cancel such contract; and having done so, the city clerk shall notify such con- tractor thereof in writing, specifying the reasons there- for, and upon such cancelling, or if for any reason the contract for any such work is not awarded or completed, the officer having advertised shall readvertise for bids for the completion of such work, or for another award thereof, as the case may be, in the same manner as hereinbefore provided. 152 Contracts Without Advertising. Sec. 8. Incase the city council authorize the letting of any city con- tract without advertising for proposals, or bids, the city clerk or such officer or committee as the city coun- cil may designate shall have charge and superintend the letting thereof, and the contract in such case shall be accompanied with the like bond for its faithful per- formance and be subject to the approval of the city 74 ORDINANCES OF THE council and the like authority to cancel, as herein pro- vided concerning contracts in other cases. 153 Officer not Interested. Sec. 9. No contract for work for the city shall be let to any officer of the city, nor shall any officer of the city become interested, di- rectly or indirectly, in any such contract, under a pen- alty of not less than fifty nor more than two hundred dollars. R. S. Chapter 24, Article VI, Section 7. R. S. Chapter 38, Section 208. R. S. Chapter 102, Section 4. What a violation is under this section. City of Anna vs. O’Cal- lahan, 3 111 . App., 176. 154 Preventing Bidding — Penalty. Sec. 10. Who- ever shall give, offer, or promise to give, or furnish to be given, offered, or promised, any money, goods or other valuable thing to any person or persons as a con- sideration or inducement not to bid, or withhold any bid, or as compensation or reward for not having bid. or having withheld a bid, for a contract for city work, shall be deemed guilty of a misdemeanor, and, on con- viction, shall be fined not less than fifty nor more than two hundred dollars for each and every offense. And whoever shall accept, receive, demand, or request any- thing by this section forbidden to be given, offered or promised shall, on conviction, suffer a like penalty as is herein prescribed for giving, offering or promising any such thing, and may be removed from office. 155 Bribing Councilmen to Award — Councilmen Ac- cepting — Penalty. Sec. ii. Whoever shall give, offer, or promise to give, or furnish to be given, offered or promised, any money, goods or other valuable thing, to any member of the city council as a consideration or in- ducement to vote to award, or not to award, any city contract to any particular person, corporation, company or firm, shall be deemed guilty of a misdemeanor, and, on conviction, shall be fined not less than fifty nor more than two hundred dollars. And if any member of the CITY OF CARBONDALE 75 city council shall accept, receive, demand or request anything by this section forbidden to be given, offered, or promised, he shall, on conviction, forfeit and pay not less than fifty nor more than two hundred dollars, to be recovered in an action in the name of the city against him, and may be removed from office. CHAPTER X. CENSUS AND FISCAL YEAR. 156 Census — When Taken — What Shown By. Sec- tion 1. In the year A. D. 1905, and every tenth year thereafter, there shall be taken, at the time of, and in connection with, the taking of the census or enumera- tion of the persons of school age and for school pur- poses within and of the city, a census or enumeration of the adult population thereof; and the same shall be so taken as to show the number of persons of each sex, and of every color, nationality and occupation, the number in each ward of the city, and such other facts and statistics, including death rate and mortality statis- tics, as may be deemed useful or necessary. Power to provide for taking census. R. S. Chapter 24, Article V, Section 1, Clause 85. R. S. Chapter 24, Article X, Section 7. 157 Fiscal Year — When Begins. Sec. 2. The fiscal year of the city of Carbondale shall commence upon the first day of April of each year. Fiscal year. R. S. Chapter 24, Article VII, Section 1. Municipal year. R. S. Chapter 24, Article X, Section 8. 76 ORDINANCES OF THE 158 Municipal Year — When Begins. Sec. 3. The municipal year of the city of Carbondale shall com- mence upon the third Tuesday of April of each year and shall be construed to include the period elapsing between the regular annual city elections. Annual elections. R. S. Chapter 24, Article IV, Section 1. Municipal year. R. S. Chapter 24, Article X, Section 8. CHAPTER XI. DRAYMEN, HACKMEN AND HOTEL RUNNERS. 159 Draymen and Others to Have License — Amount Required. Section i. Every person who shall desire to follow or carry on the business of drayman, hack- man, omnibus driver, cabman, carter, freighter, team- ster or expressman, within the limits of the city, shall, before doing so, obtain a license therefor; and if such license be for the carrying on of such business with any two or more horse wagon, dray, cab, hack or carriage, for the transportation of freight or passengers within the city, he or they shall pay therefor at the rate of $6.00 per annum, or $3.00 for six months; and if such license shall be for the carrying on of such business with any one-horse wagon, cart, cab, dray or other vehicle, for the carriage of freight or passengers within the city, he or they shall pay therefor at the rate of $3.00 per annum, or $1.50 for six months: Provided , that this section shall not apply to any person who shall transport, for hire or otherwise, any passenger or article of merchandise from any place within the city to any place without the same, or from any place with- CITY OF CARBONDALE 77 out the city to any place within the same; and provided , further , that license may be granted under this section for carrying on such business with a one-horse hack for any one or more days upon payment at the rate of $1.00 per day, and for a two-horse hack upon payment at the rate of $2.00 per day. Authority to license draymen, etc. R. S. Chapter 54, Article V, Section 1, Clause 42. 160 Hotel Runners — License. Sec. 2. Any person who shall desire to carry on the business of runner for any hotel, eating house or restaurant shall, before do- ing so, procure a license therefor, and for such license there shall be charged and collected the sum of $3.00 per annum: Provided , said license shall be taken out by the proprietor of such hotel, eating house or restaurant, and they shall have the privilege of being represented by as many runners as they shall pay license for; pro- vided, further , that all such agents or runners shall wear a badge showing what hotel, eating house or restaurant they are representing. Power to regulate. R. S. Chapter 24, Article V, Section 1, Clause 43. 16 1 To Display Number of License on Vehicle , Etc. Sec. 3. Every person to whom a license is issued pur- suant to the provisions of this chapter shall keep con- stantly displa}/ed upon the vehicle used by him, or upon a badge to be constantly worn by him, the number of his license. 162 Penalty. Sec. 4. Whoever shall offend against, or shall fail, neglect or refuse to comply with, the pro- visions of this chapter shall, on conviction, be fined not less than three nor more than one hundred dollars. ORDINANCES OF THE 78 CHAPTER XII. ELECTIONS. Article I. Elections in Gen- eral. Article II. Contesting Elec- tions. ARTICLE I. ELECTIONS IN GENERAL. 163 Time Of. Section 1. An election shall be held in each ward in this city on the third Tuesday of April in each and every year, unless otherwise provided for by law. R. S. Chapter 24, Article II, Sections 1—2. 164 Who May Vote — Where. Sec. 2. Any person entitled to vote at any general election for State officers in the city is entitled to vote at any city election, and every voter is entitled to cast his vote in the ward where he has his bona fide residence at the time of such election, whether he has resided in the ward thirty days preceding such election or not, provided he has resided in the city such thirty days. Who entitled to vote. R. S. Chapter 24, Article IV, Section 3. 165 Places for Holding — Judges and Clerks — When Appointed. Sec. 3. The city council shall designate the places for holding all city elections, and shall ap- point three judges and two clerks of election for each voting place so designated by the city council. They CITY OF CARBONDALE 79 shall be qualified voters in their respective wards and have resided in the city at least one year next preced- ing such appointment. Qualifications of judges, etc. R. S. Chapter 46, paragraph 31. 166 Notice of Appointment — Cterk to Give — Mar shat to Serve. Sec. 4. Within five days after the appoint- ment of judges and clerks of election the city clerk shall prepare notices thereof, in writing, which notices shall be signed and sealed with the corporate seal by the city clerk, and be delivered by him to one of the city marshals, who shall, as soon as practicable, deliver them to the persons appointed. If the city clerk or marshal, or both, shall wilfully fail, neglect or refuse to perform the duties imposed by this section, they shall, each or both, as the case may be, on conviction, be fined not less than three nor more than fifty dollars: Provided , however , such failure, neglect or refusal of the city clerk or marshal shall not affect the validity of the appointment. 167 Election Notice — Clerk to Give — Contents Op — Ballot Boxes. Sec. 5. At least twenty days prior to any election in the city the clerk shall give notice thereof in some newspaper printed in the city, and by at least three notices posted up in each ward; (if election be not general throughout the city, then notices shall be required only in the ward or wards where such election is to be held), which notices shall state what officers are to be voted for, or what subject is to be voted upon, at such election, and the time and place in each ward when and where such election is to be held. \ he city clerk shall also procure, at the expense of the city, suitable ballot boxes for each ward and deliver the same to the judges of election previous to any election, and the judges shall return the same, with the election returns, after each election, to the city clerk. City elections conform to general laws. R. S. Chapter 24, Arti- cle IV, Section 10. 8o ORDINANCES OF THE 168 Duties of Judges and Clerks . Sec. 6. At the time appointed for holding an election the judges and clerks of election in each ward shall assemble at the appointed place and proceed without delay, in the man- ner provided by law, to hold such election. They shall take the same oath as is, or may be, required of judges and clerks of State and county elections, and shall con- duct the said election in all respects, as near as may be, in the manner provided by law for conducting State and county elections. But if, for any reason, any judge or clerk of election shall fail to attend, the judges at- tending may appoint some competent person or per- sons to act in his or their stead. 169 Poll Books — Tally List — Canvass . Sec. 7. The poll books and tally lists at city elections shall, as near as may be, in all respects be the same as those of State and county elections, and the judges and clerks shall, at the close of the election, canvass the votes cast as is, or may be, required at State and county elections, and shall, within twenty-four hours, return to the city clerk the poll books, tally lists, ballots and ballot boxes, together with a certified statement of the number of votes received by each person for any office. 170 Fees of Judges and Clerks. Sec. 8. Judges and clerks of city elections shall receive $3.00 each for their services in holding such elections. 1 71 Misconduct of Judges and Clerks — Penalty. Sec. 9. If the judges and clerks of city elections shall wil- fully fail, neglect or refuse to make return of any elec- tion, as required in the preceding section, or shall wil- fully make a false, untrue or incorrect return thereof with intent to change the result, or produce a result different from the true result, of such election, they shall, on conviction, be fined not less than fifty nor more than two hundred dollars for each offense. 172. Election Returns — Clerk to Preserve — Abstract — Result — Notice. Sec. 10. The city clerk shall carefully CITY OF CARBONDALE 8l preserve and keep the election returns until the city council shall meet to canvass the same and declare the result, (which meeting of the city council shall be with- in five days after the election), when he shall publicly open and make an abstract of such returns in the pres- ence of the city council; and when such abstract is made and the result ascertained, the city council shall declare the result of such election, which shall be en- * tered on the journal of the city council, and the city clerk shall, within five days therefrom, give notice to all persons elected to office of their election. See R. S. Chapter 24, Article IV, Section 12. 173 Tie — Notice — Determining — Mode Of. Sec. ii. In case of a tie in the election of any city officer it shall be the duty of the city council to cause to be placed in a box or some convenient place as many ballots as there are persons having an even number of votes, and on only one of the ballots shall be written the name and style of the office voted for; such persons having an equal number of votes shall each draw one ballot, and the person drawing the ballot on which the name and style of the office is written shall be declared elected. In case any such person or persons are ab- sent or refuse to draw a ballot as aforesaid, the mayor shall draw for such person or persons. See R. S. Chapter 24, Article IV, Section 11. 174 No Liquor Sold — Nor Saloon Open. Sec. 12. No spirituous or other intoxicating liquor shall be sold or given away at retail, nor shall any saloon, barromm or place where such liquors are sold, given away or kept, be open upon on any general or special election day, within the limits of the city, and whoever violates the provisions of this section shall, on conviction, be fined not less than fifty nor more than two hundred dollars. 175 Illegal Voting , Etc. — Penalty. Sec. 13. Who- ever unlawfully votes, or attempts to vote, more than once at any city election, or knowing that he is not a 82 ORDINANCES OF THE qualified voter wilfully votes at any city election, shall, on conviction, be fined not less than fifty nor more than two hundred dollars. 176 Bribery — Attempting to Bribe , Etc . Sec. 14. Whoever wilfully aids or abets any person to vote at any city election who is not a qualified voter, knowing him to be such, or whoever by threats, violence, intimi- dation, money, promise of money, favor or promise of favor, endeavors to procure or influence any legally qualified voter in a particular manner, or for any partic- ular person, contrary'to the wishes and intents of such voter, or whoever by giving or offering to give a bribe, by threats, violence or intimidation endeavors to influence a legally qualified voter contrary to the wishes and in- tent of such voter, or whoever gives or offers to give to any judge of any city election any valuable thing as a consideration or inducement to do or omit to do some particular thing, or as compensation for having done or omitted to do anything in violation of his offi- cial duty, shall, on conviction, be fined not less than fifty nor more than two hundred dollars for each of- fense. 1 77 Accepting Bribe — Penalty . Sec. 15. Whoever accepts, receives, requests or demands anything forbid- den by the foregoing sections to be given or offered shall, on conviction, be fined not less than fifty nor more than two hundred dollars. 178. Contesting Elections — Election Void. Sec. 16. The election of any person declared elected to any office of the city, except persons elected members of the city council, may be contested by any elector of the city in the manner provided in the general laws of the State of Illinois for conducting contested elections in the matter of county officers. Whenever, as the re- sult of any contested election, or from any other cause, an election is declared void, the city council shall im- mediately order a new election. CITY OF CARBONDALE 179 Betting on Result — Penalty. Sec. 17. Who- ever bets or wagers any money or other valuable on the result of any city election; on the number of votes any particular person or candidate will receive; or that any person or candidate will be elected, or receive more votes than any other, shall, on conviction, be fined not less than twenty-five nor more than two hundred dol- lars in each and every such case. ARTICLE II. CONTESTING ELECTIONS. t8o Who May Contest — Where Heard. Sec. 1. The election of any alderman may be contested by any elector of the city, and the proceedings shall be in the manner hereinafter provided, as nearly as may be. All such contests shall be had before, and be heard and determined by, the city council, and its decision thereof is final. City council judge of its own members. R. S. Chapter 24, Ar- ticle VI, Section 6. Contesting elections of other than aldermen. R. S. Chapter 46, Section 1 12. R. S. Chapter 24, Article IV, Section 10. Brush vs. Lemma, 77 111 ., 496 ; Linegar vs. Rittenhouse, 94 111 ., 208; Young vs. Adam, 74 111 ., 480. 18 1 Statement of Contest to be Filed — Points Stated. Sec. 2 . When any person shall desire to contest the right of another to hold the office of alderman of the city, he shall, within fifteen days after the person whose election is contested is declared elected, file with the city clerk a statement in writing, briefly setting forth 84 ORDINANCES OF THE the points on which he will contest such election, which statement shall be verified by the affidavit of the con- testant or his agent or attorney. 182 Statement to be Served — How. Sec. 3. Upon filing such statement such contestant shall also serve a copy thereof upon the person whose election he intends to contest within five days after such filing, by deliver- ing the same to such person, or causing it to be so de- livered, and in case such person is absent from the city, or can not be found therein, then by leaving such copy at his usual place of residence or business with some person above the age of twelve years; and in all cases proof of the service of such copy shall be made by the affidavit of the person serving the same. 183 Council to Fix Time for Taking Testimony — Testimony How Taken. Sec. 4. Within five days after the proper affidavit of the service of the copy of peti- tion shall have been filed with the city clerk the city council shall meet and fix the time and place for the taking of depositions in all cases where the testimony of witnesses may be required, or for the hearing of the contest in cases where such testimony is not required. At the time and place appointed for the taking of dep- ositions either party may proceed to take the deposi- tions of all such witnesses as he may desire, the same to be taken in the manner provided by law for the tak- ing of depositions in cases in chancery, and the taking of depositions may be continued from day to day, if necessary, until all the testimony required shall have been taken; provided , the taking of all the testimony shall be concluded within fifteen days after the com- mencement of the taking thereof, and shall be confined to the points specified in the petition as the grounds of contest, and that the contestant shall conclude the tak- ing of his testimony in chief within the first six days, and the contestee shall conclude the taking of his tes- timony within the second six days, and the contestant shall have the remaining three days within which to take such rebuttal testimony as he shall deem neces- CITY OF CARBONDALE 85 sary. But the parties may agree upon any other order for the taking of testimony as they shall see fit. Deposition in chancery cases. R. S. Chapter 51, Sections 24, 30, et seq. 184 Within What Time Testimony Filed — Hearing by Coiincil. Sec. 5. All testimony taken in the case shall be filed in the office of the city clerk within three days after the conclusion of the taking of the same, and the city clerk shall, at the next regular meeting of the council thereafter, lay the same before the council, and the council may refer the same to a committee for ex- amination and report thereon, or proceed, without such reference, to hear the case, but shall determine the same without delay, and by a majority vote, upon call of the “yeas” and “nays,” declare as elected the person who shall, from the evidence, appear to have been elected; and the city clerk shall enter such decision upon the journal of the council. 185 Rights of Parties to the Contest. Sec. 6. In all cases of contested elections the parties to the contest shall have the right to have the package or packages of returns, which have been returned to the city clerk in pursuance of law, opened in the presence of the city council, or a committee thereof, and of the officer hav- ing the custody of such returns, and to have said re- turns examined. 186 Returns of Elections , htc.. Preserved. Sec. 7. The city clerk shall carefully preserve all returns of elections, including the ballots cast at such election, for a period of at least six months after having been re- ceived by him, and shall not allow the packages con- taining the returns to be opened or examined by any person, except in pursuance of the preceding section, or of some law of this State; and in cases of contested elections he shall also carefully preserve all depositions and all documents returned to and filed with him, and shall not allow the same to be. taken from his office by any person whomsoever, or to be examined or handled by any person except in his presence. 86 ORDINANCES OF THE CHAPTER XIII. FEES AND SALARIES. ARTICLE I. 187 Salary of Mayor — Payment. Section i. The mayor of this city shall receive a salary of two hundred dollars per annum out of the city treasury, payable quarterly. 188 Aldermen. Sec. 2. Every alderman shall re- ceive the sum of three dollars out of the city treasury for each regular, and two dollars for any other, meeting of the city council actually and bona fide attended by him. The compensation of aldermen shall be payable at the same time as the salary of the mayor. Authority for paying aldermen. R. S. Chapter 24, Article VI, Section 14. 189 City Clerk. Sec. 3. The city clerk shall receive a salary of four hundred dollars per annum, payable monthly, the city furnishing office, fuel, lights, station- ery and postage for the use of the office; in addition thereto he shall receive the fees now allowed him by existing ordinances. 190 City Attorney. Sec. 4. The city attorney shall be allowed in every case before the police magistrate CITY OF CARBONDALE 87 or any justice of the peace for the recovery of a penalty for the violation of any ordinance or ordi- nances of the city, and where judgment is rendered in favor of the city on a plea of guilty or otherwise, an attorney’s fee of three dollars, to be allowed, taxed and collected as part of the costs. And in case any suit be taken by appeal to the county or circuit court and there tried by him and judgment rendered in favor of the city, he shall be allowed a conviction fee of ten dollars, which fee shall, in all cases, be allowed, taxed and collected as part of the costs. For written opinions furnished the city council, ordinances drawn by him, written reports in matters referred to him and other legal services required of him by the city council or any of its committees, and for all suits and proceedings in which he shall appear to which the city may be a party, other than hereinbefore specified, and for all other legal services performed by him he shall be allowed fair and reasonable fees. Compensation of other officers. R. S. Chapter 24, Article VI, Section 15. Payment of fees and costs. R. S. Chapter 53, Section 40, last clause. 191 Day Marshal. Sec. 5. The day marshal shall teceive a salary of fifty dollars per month, payable monthly, and in addition he shall receive the fees now allowed him by existing ordinances. Compensation of other officers. R. S. Chapter 24, Article VI, Section 15. 192 Street Commissioner. Sec. 6. The street com- missioner shall receive a salary of fifty dollars per month for each month of actual service rendered. Compensation of other officers. R. S. Chapter 24, Article VI, Section 15. ORDINANCES OF THE 88 1 93 City Treasurer. Sec. 7. The city treasurer shall receive a compensation not to exceed two per cent, upon all moneys received and held by him in his official capacity. See note to preceding section. 194 City Jailer. Sec. 8. The city jailer shall be allowed to demand and receive forty-five cents per day as board for each and every day he furnishes a prisoner or prisoners with good but plain and wholesome food and drink; all of which fees shall be paid by the pris- oner; but if such person committed is unable to pay for necessaries in the way of food, drink, clothing, etc., the fee thereof shall be paid to the city jailer by the city, but in no event shall other than absolutely necessary supplies be paid for by the city. And the city jailer shall receive any further fees, compensation, allowances or salary as may be provided by law or ordinance. 195 Night Marshal. Sec. 9. The night marshal shall receive a salary of fifty dollars per month, and in addition he shall receive the fees now allowed him by existing ordinances. Compensation of other officers. R. S. Chapter 24, Article VI, Section 15. 196 Sexton. Sec. 10. The sexton shall receive for his services such sums and in such manner as may from time to time be, by resolution or order of the council, fixed and determined; but such compensation shall not be increased or diminished during the term for which he may be, or have been, appointed. 197 How Salaries Paid. Sec. it. All salaries of officers of this city, and all fees payable out of the city treasury, shall be paid by warrant or order drawn upon the city treasury. CITY OF CARBONDALE 89 CHAPTER XIV. FRANCHISES. 198 Conditions of Application For — Notice , Etc. Section i. No application to the city council for any franchise or special privilege to use the streets, alleys, public ways or other public property of the city for the purpose of maintaining therein or thereupon any horse, dummy, electric, cable, or other railroad, or any tele- graph, telephone, electric light or other wire, or to lay any gas pipe, water pipe or other conduit, or any appli- cation for a franchise or privilege for any other purpose for which the city council has or may have power or authority to grant a franchise, or privilege, shall here- after be entertained by the city council, nor shall any such, or any other, franchise or privilege be granted by the city council, unless or until the applicant or appli- cants for such franchise or privilege shall have given at least twenty days’ notice of such application, particu- larly specifying therein the nature or character of the franchise or privilege to be applied for, the names of every person, company, corporation or firm interested therein, and the date when the application will be made; and such notice must be regularly published in every issue and edition of some newspaper from the date of its first insertion until the date of the application; and the city council shall not grant any such franchise or privilege without requiring the payment by the grantee or beneficiary thereof of a fair and reasonable license, tax or compensation to the city for the exercise of such franchise or privilege. Franchise defined. Bouv. Law Die. under “Franchise.” Ry. Co. vs. People, 73 111 ., 541. Legislature can not grant. Constitution, Article IV, Section 22. go ORDINANCES OF THE CHAPTER XV. FIRE DEPARTMENT. Article I. Fire Limits and Build- ings. Article II. Fires and Fire Com- pany. ARTICLE I. FIRE LIMITS AND BUILDINGS. 199 Fire Limits. Section i. All the territory within the limits of this city embraced and included within the following boundaries shall constitute and be known as the fire limits, to-wit: That territory bounded on the north by Oak street, on the east by Marion street, on the south by Walnut street, on the West by Normal avenue. Power to prescribe fire limits, R. S. Chapter 24, Article V, Sec- tion I, clause 62. 200 Fire Limits — What Inducted In. Sec. 2. On lots numbers 25 and 26; numbers 30 to 37, inclusive; numbers 40 and 41; numbers 131 to 136, inclusive; num- bers 146 to 130, inclusive; numbers 153 to 160, inclusive; numbers 162 to 168, inclusive; numbers 138, 5 and 6 of the territory mentioned in section 1, no structure or building of any kind or description shall be erected or constructed unless the outside and party walls thereof shall be composed of brick, stone, iron or other incom- bustible material; and all buildings which shall or may be erected or constructed within said limits shall have outside walls not less than one foot in thickness, and if CITY OF CARBONDALE 91 any building shall be more than two stories high above the basement the outside walls of the first story and basement shall not be less than sixteen inches in thick- ness, and the walls above the first story shall not be less than twelve inches in thickness, and, with the ex- ception of the rear, shall extend at least eighteen inches above the roof; and in the remainder of the territory included within the fire limits, exclusive of the lots enumerated in this section, no building or structure of any kind or description shall be erected or constructed unless the outside and party walls thereof shall be com- posed of brick, stone, iron or other incombustible ma- terial, unless permission so to do shall be given by the city council.- Provided , that any wooden structure or building not exceeding eight feet square and twelve feet high may be erected within the fire limits. 201 Repair of Buildings Within. Sec. 3. No wooden building or part of any wooden building within said fire limits shall be raised or enlarged, nor shall any wooden building or part of any wooden building within the fire limits be removed to any other place within said limits, nor shall any such building be re- moved into the fire limits, nor shall any wooden build- ing within the fire limits which may become damaged to the extent of fifty per cent, of the value thereof by fire or other casualty be repaired or rebuilt; nor shall any such building, when the damage thereto is less than fifty per cent, of its value, be so repaired-so as to be in better condition or state of repair than before such damage, or to occupy greater space than before the in- jury thereto; and the extent of the damage that may be done to any such building by fire or other casualty shall be determined by three uninterested citizens of the city, one of whom shall be selected by the owner of the building or his agent, one by the mayor, and the two chosen shall select a third, and the decision of the persons so chosen shall be final and conclusive. The fees of each referee shall be one dollar, to be paid by the owner of the building. R. S. Chapter 24, Article V, Section 1, Clause 62. 92 ORDINANCES OF THE 202 Penalty. Sec. 4. Whoever shall violate the provisions of sections 2 and 3 of this chapter, or any of the same, shall, on conviction, be fined not less than ten nor more than one hundred dollars. 203 Nuisance — Proceeding, Etc. Sec. 5. Any wooden building or part of any wooden building which may be erected, enlarged, removed or repaired con- trary to the provisions of this chapter shall be deemed a nuisance, and upon information of such violation the mayor shall give due and reasonable notice to the owner or builder thereof to remedy, abate or remove the same, or such part thereof as may be necessary, and upon his failure to comply with said notice the mayor shall, by an order in writing, require the city marshal to remove or tear down such building, or such part thereof as may be necessary, and any one of the city marshals shall execute the order of the mayor, and shall report the costs and expenses of such removal, upon oath, to the city council for allowance, and such costs and expenses may be collected of the owner or builder of any such building liable therefor by suit in the name of the city before any court having juris- diction. R. S. Chapter 24, Article V, Section 1, Clause 75. Ordinance directing city marshal to remove prohibited structure sustained. — King vs. Davenport, 98 111 ., 305. 204 Combustible Material Prohibited. Sec. 6. No person shall, without the consent in writing of the mayor, throw, place, pile or deposit within the fire lim- its of said city any wood, lumber, timber, hay, straw or other combustible material so as to endanger any building by the burning thereof, and any person so offending shall, on conviction, be fined not less than five nor more than twenty-five dollars for each offense, and a further fine of ten dollars for every twenty-four hours he allows the same to remain after notice from the mayor or any of the city marshals to remove the same. R. S. Chapter 24, Article V, Section 1, Clause 93. CITY OF CARBONDALE 93 205 Combustibles on Own Premises — Penalty. Sec. 7. No person shall, without the fire limits of said city, place, pile or throw any wood, lumber, timber, hay, straw or other combustible material into any lot, street or alley, or on his own premises contiguous to and so as to endanger the buildings or property of other per- sons, and any person so offending shall, on conviction, be fined not less than three nor more than twenty-five dollars, and a further fine of five dollars per day for each day he shall allow the same to remain after notice by the mayor or any one of the city marshals to remove or abate the same. 206 Chimneys — Openings in Walls for Stovepipes — - How Arranged. Sec. 8. All fines or chimneys shall be built of brick or stone, well laid in lime mortar and smoothly plastered on the inside. The holes for the insertion of stovepipe shall be made of an iron, stone or earthenware thimble inserted into the flue; and when not in use and the chimney is being used, such holes shall be stopped with a tin or zinc stopper with a flange of at least one inch outside of the flue or chimney. 207 Stove — Not At ear Woodwork, Etc. Sec. 9. No person shall set up or use an}/ stove, the top or any side of which shall be within eighteen inches of any wood- work of any wall or partition without protecting such woodwork by a good, substantial covering of zinc, tin or iron, and in no case shall any such stove be within ten inches of any woodwork. R. S. Chapter 24, Article V, Section 1, Clause 63. 208 Stovepipe , Etc. — How Arranged. Sec. 10. All stovepipes shall be securely put up, and in all cases where any pipe passes or projects through the wood- work or roof of any building the pipe shall be separated from such woodwork or roof at least three inches by a double circle of tin or zinc, connected with like metal, with airholes through the connecting metal to allow the free circulation of air, and when any pipe passes through the roof it shall project at least four feet. 94 ORDINANCES OF THE 209 Penalty. Sec. ii. Whoever shall offend against the provisions or requirements of the foregoing sec- tions 6, 7, 8, 9 and 10, or any of the same, or shall, in this city, wilfully give or make an)* false alarm of fire, shall, on conviction, be fined not less than five nor more than one hundred dollars for each and every offense. ARTICLE II. FIRES AND FIRE COMPANY. 210. Section i. The Carbondale hose company is hereby authorized to take charge of, man, equip and control the fire apparatus of the city, subject to the or- ders of the mayor of the city, and to properly house any and all fire apparatus of this city; and, in addition, said company is to supply fire engine with any and all chemicals or other things that may be necessary to use in extinguishing any fire. As compensation for such service, the Carbondale hose company shall receive the sum of two hundred dollars annually, payable quar- terly, which payment shall be made to said company, however, on the following conditions: That the mem- bership of said Carbondale hose company shall not be less than fifteen active members; that they shall also keep the fire engine and any and all other fire appara- tus of said city in perfect working order at all times; they shall also keep the fire hose, hose cart and other fire apparatus in safe and perfect order and well pro- tected at all times. They shall also meet and practice at least once a month. 2 11. Sec. 2. All members, residents within the limits of the city, of any fire company, not exceeding twenty in number, bona fide organized and existing CITY OF CARBONDALE 95 within the city, whether voluntary or otherwise, shall be exempt from all street labor and from serving on all juries before the police magistrate or any justice of the peace in city cases; provided , a roll or list of the actual members of such fire company, residents within the city limits, be filed in the office of the city clerk, and the proper officers of such company notify the city clerk from time to time of changes in the membership there- of; and provided , further , that such exemption shall not extend to any person who wilfully fails, neglects or refuses to respond to any call for assistance in case of fire, or who wilfully fails, refuses or neglects to meet and discharge any legal and reasonable assessment or requirement imposed by the company. 212. Sec. 3. Whoever, within the limits of the city, shall wilfully or carelessly break or otherwise in- jure, or shall carry away, or misplace, any fire engine, ladder, hose, bucket or other implement or thing be- longing to the city, or to any fire engine of the city, or of any recognized fire company existing in the city, shall, on conviction, be fined in any sum not less than three nor more than two hundred dollars. 213 Sec. 4. Whoever, within the limits of the city, shall wilfully, maliciously or heedlessly drive, pull or push any wagon, cart or other vehicle or thing against, upon or over any hose, engine or other apparatus be- longing to any enginq, hose cart, hook and ladder, or other implement being used for the extinguishment of fire, or shall wilfully hinder, disturb or obstruct the free locomotion or progress of any engine, hose cart, hook and ladder, or other implement for the extinguishing of fire, while going to or actively engaged in the sup- pression of, or returning from, any fire, shall, on con- viction, be fined not less than five nor more than two hundred dollars; and for a second violation of the pro- visions of this section the offender shall, on conviction, be fined not less than twenty-five nor more than two hundred dollars. 96 ORDINANCES OF THE CHAPTER XVI. HEALTH. 214 Board of — Who Constitute— Powers* Section i. The mayor, city clerk and eight citizens who are legal voters of this city, two of whom shall be physicians who are residents of said city, to be appointed by the mayor, by and with the advice and consent of the city council, shall constitute a board of health; the mayor shall be chairman and the city clerk shall perform the duties of clerk of said board. The board of health shall have power at all times to make and enforce all necessary rules, orders and regulations to prevent the introduc- tion, or check the progress of, contagious, infectious, pestilential or malignant diseases within the limits of city and area of territory contiguous to and surround- ing the city, as the city authorities may, for the purpose of health, be given by law supervision or control over; and for this purpose said board shall have charge of all matters pertaining to quarantine, and power to shut up any house or place where any infected person may be, and cause notices of warning to be put and kept thereon for and during such time as may in the judgment of the board be expedient or necessary for the public health of said city; or they may cause any such person to be re- moved to any pest house within, or not exceeding five miles without, the limits of the city, at the expense of such person, if of sufficient ability to pay, and if not, at the expense of the city. Extent of Jurisdiction. R. S. Chapter 24, Article III, Section 16. Power to appoint board of health. R. S. Chapter 24, Article V, Section 1, Clauses 76, 78. CITY OF CARBONDALE 97 215 Further Powers — Hospitals — Costs. Sec. 2. The board of health shall also have power, when in their judgment the safety and preservation of the health of the city demand it, to establish and maintain suitable places as hospitals, to employ necessary medical attend- ants and nurses for such hospitals and make necessary rules and regulations in relation thereto and for the government thereof, the expense thus incurred to be paid out of the city treasury. Power to establish hospitals, etc. R. S. Chapter 24, Article V, Section 1, Clause 77. 216 Further Powers — Cleansing of Premises. Sec. 3. The board of health shall also have power to visit and inspect, in day time, all houses and premises within the limits of the city, or such territory without the limits of the city as the city authorities may, for the purpose of health, have control over, and make and enforce neces- sary orders for the cleansing and purifying the same. 217 City Marshals — Duties — Clerk to Record , Etc. Sec. 4. The city marshals, all constables and other peace officers within the city shall execute all rules and orders made by the board of health when directed by the board so to do; and the city clerk shall attend all meetings of, and keep a complete record of all doings of, the board of health, which record shall be by him submitted to the city council whenever the city council so require. 218 Penalty. Sec. 5. Whoever shall wilfully fail, neglect or refuse to obey or execute any reasonable order, rule or regulation made by the city board of health shall, on conviction, be fined not less than three nor more than one hundred dollars. 219 Diseased Person Abroad — Penalty. Sec. 6 . Any person having, or having had, any contagious or infec- tious disease who shall go about the city or any public place therein before he or she shall be so far recovered as that, in the judgment of a competent physician the ORDINANCES OF THE 98 health of other persons or of the public will not be en- dangered by such going about, shall, on conviction, be fined not less than five nor more than fifty dollars. 220 Dress Changed, — Penalty — Physician to Report What — Penalty . Sec. 7. Any person attending as nurse or physician upon any patient sick of the small pox, cholera or other like infectious disease who shall go about the city or any public place therein without first having changed his or her apparel and used proper dis- infectants after leaving such patients, shall, on convic- tion, be fined not less than five nor more than fifty dollars. And every physician called to attend any such patient shall forthwith report the fact that such patient is so sick to the city board of health under penalty for a failure to do so of not less than three nor more than fifty dollars. 221 Wearing Apparel , Etc . — What Destroyed — Ap- praisement — Compensation. Sec. 8. The city board of health may order that any wearing apparel, bedding or other articles deemed to be infected with any contagious or infectious disease, or liable to induce the spreading of such disease, shall be destroyed or buried, first making an appraisement thereof for the purpose of making just compensation therefor. 222 Further Powers of Board— Cleansing of Streets. Sec. 9. The board of health may at any time obtain the advice of, or when in their judgment the sanitary condition of the city or the preservation of the public health demands it, employ a competent physician and may make and enforce all necessary rules, orders and regulations concerning the cleansing and purification of streets, alleys, public buildings and places within the limits of the city. 223 Unwholesome Articles Prohibited — Penalty. Sec. 10. The board of health may also, when the safety or preservation of the public health demands it, prohibit the bringing into the city, or sale or giving away or use CITY OF CARBONDALE 99 within the limits of the city, of any articles of food or other articles or things deemed noxious to or liable to endanger health, or to induce the introduction or spread of disease; and any person who shall wilfully violate or fail, neglect or refuse to obey any such order shall, on conviction, be fined not less than five nor more than one hundred dollars. CHAPTER XVII. CITY JAIL AND JAILER. 224. City Jail — Location Of. Section i. The buildings and inclosure which now are or may be here- after erected, situated upon regular lot number seven hundred and twenty-four (724) in the city of Carbon- dale, Illinois, are hereby constituted and established as a city jail, for the confinement and safe keeping of all persons who may be legally committed thereto by any police magistrate or justice of the peace, or other proper officer, for any violation of the laws or ordinances of the city, or for the non-payment of any fine or penalty legally adjudged against such persons by any magis- trate or other competent court. And the city jailer shall have the use and occupation for his own family, during his continuance in office, of the buildings and rooms comprising the jailer’s apartments of the said jail premises, and shall not be required to pay any rent therefor. And the city shall also furnish him with all necessary fuel for use, both in the city jail and the jail- er’s apartments, free of charge. IOO ORDINANCES OF THE 225 Office Created — Term of Office. Sec. 2. There is hereby created the office of city jailer, or keeper of the city prison and workhouse. He shall hold his office for a term of one year and until his successor shall be duly appointed and qualified. 226 How and When Appointed — Oath — Bond. Sec. 3. The city jailer shall be appointed by the mayor, by and with the advice and consent of the city council, at the first regular meeting of the city council in May of each year. Before entering upon the duties of his office he shall take the oath prescribed by law, and shall execute a bond to the corporation in the penal sum of one thousand dollars, with such sureties as the city council shall approve, conditioned for the faithful discharge of the duties of his office. 227 Shall Be Ex-Officio Policeman — Other Duties. Sec. 4. The city jailer shall be, ex officio , a city marshal, and shall possess the same powers as other city mar- shals. He shall reside in the portion of the city set apart for the city jailer and shall have the charge, cus- tody and keeping of the jail and of the grounds and appurtenances belonging thereto and of all persons legally committed thereto or confined therein, under the direction and supervision of the mayor and city council. He shall attend at the jail regularly, and, when required, shall receive into his custody and safe keeping and confine therein all persons who may be legally committed to his custody or charge by any proper officer, police magistrate or justice of the peace, until they shall be legally taken or discharged there- from. He shall furnish to all persons who may be con- fined or kept in the prison under his charge (when the person himself shall not do so), at proper times, suit- able, necessary and plain, wholesome food and drink, and comfortable bedding. 228 Shall Receive Prisoners , Etc. — Rate Per Day to Discharge. Sec. 5. When any person shall be com- mitted by order of any police magistrate, justice of the CITY OF CARBONDALE OI peace or other competent court for the non-payment of any fine, penalty or forfeiture adjudged against him, and has no goods or chattels out of which .the judg- ment and execution against him can be collected, the police officer having charge of the execution shall de- liver such person, with a copy of the execution, and with the amount of the fine or penalty and costs ad- judged against him, into the custody of the city jailer, who shall receive such person and receipt for him to the officer upon the execution retained by him, and shall enter in the book kept for that purpose the date and amount of the fine and costs and the number of days which the person will be required to be confined in order to discharge the same at the rate of fifty cents per day. 229 May Cause Prisoners to Labor — Refusal Of — Penalty. Sec. 6 . The city jailer may require any per- son lawfully committed to his custody for any violation of the laws or ordinances of the city to perform such manual labor as his or her strength will permit, within or without the prison, for not exceeding ten hours each working day, and in such manner as the city jailer or street commissioner may direct; and it such person shall refuse to labor when required, or refuse the law- ful commands of the city jailer or other officer, or shall resist or attempt to escape, he shall not be entitled to any credit on his fine or judgment until he shall consent to labor, and if he shall escape he shall forfeit the whole amount credited or paid on his fine by imprisonment, and if retaken shall serve out the entire amount of the fine and costs for which he was originally committed. 230 Shall Keep Record oj Prisoners. Sec. 7. The city jailer shall keep a record, in which he shall register the name of each person committed to or confined therein, the offense for which such person was com- mitted, the time when and by what officer committed, the date and manner of discharge, and by what author- ity discharged; and he shall carefully preserve the orig- inal (if left with him) or a copy of each execution, mit- timus or warrant of commitment. 102 ORDINANCES OF THE 231 No Authority to Discharge Prisoners — Liability and Penalty. Sec. 8. The city jailer shall not release or discharge any person committed to his custody, ex- cept according to law, and if he shall release or dis- charge any person committed into his custody without proper warrant of law, or shall wilfully suffer or permit such person to escape, he shall be liable for the full amount of the fine and costs due from such person at the time of his escape and to an additional penalty 7 of not less than three nor more than one hundred dollars, and may be removed from office. 232 Sanitary Condition of Jail and Prisoners. Sec. 9. The city jailer shall keep the jail, with appurtenances, cells, furniture and bedding thereof, clean and in good order and free from vermin and other things prejudi- cial to health and comfort of persons confined therein; and he shall, if necessary 7 , compel such persons to keep themselves and their wearing apparel in a cleanly and decent condition, and to cleanse their apartments or other parts of the jail when they shall wilfully or un- necessarily defile the same. 233 City Council May Establish Rides. Sec. 10. The city 7 council may make and establish such reasonable rules and regulations for the maintainance of good order and discipline in the city jail as they' may 7 find ex- pedient or necessary; and the city jailer, upon receiving any 7 person into his custody, shall read over said rules and regulations in the hearing of such person, and shall at all times strictly 7 enforce the same. 234 Physician — When May Employ . Sec.it. When- ever the city physician (if there be one) shall be unable to attend to any 7 prisoner requiring medical aid, the city jailer shall be authorized to emply, with the consent of the may'or, such other medical assistance as he may deem necessary 7 . 235 Committee to Visit Jail and Report to Council. Sec. 12. It shall be the duty of the committee on police CITY OF CARBONDALE io 3 and jail to visit the city jail as often as once a month, and to inquire into the treatment of persons confined therein, and see that the jail is kept in good order and condition, and that the provisions of this chapter and the rules and regulations of the jail are strictly observed and enforced; and they shall report to the city council any neglect of duty or inefficiency on the part of the keeper thereof. 236 Manner of 1 reciting Pi is oners — Penalty for Vio- lation. Sec. 13. The city jailer shall treat all persons committed to his charge humanely; and if he shall un- necessarily assault, beat, abuse, or otherwise maltreat, any person in his custody, or knowingly suffer or per- mit the same to be done; or shall supply any such person with any intoxicating liquor as a beverage, or knowingly suffer or permit the same to be done; or shall be guilty of any lascivious behavior, or other improper conduct, toward any female in his custody, or knowingly suffer or permit others to be guilty of such conduct; or shall fail to supply each and every person in his custody with a sufficient quantity of wholesome food or drink at reasonable and proper intervals, or with the necessary bedding, he shall, in each and every case, be subject to a penalty of not less than five nor more than fifty dol- lars; and a conviction under any of the "provisions of this section shall be deemed cause for his removal from office. 104 ORDINANCES OF THE CHAPTER XVIII. LICENSES. Article I. Licenses in General. Article II. Application for ; How Issued; Payment, Etc. ARTICLE I. LICENSES IN GENERAL. 237 License Required. Section i. It shall be un- lawful for any person to be engaged in or carry on any business, occupation or pursuit hereinafter mentioned in this article, within the jurisdiction of the city of Car- bondale, without first having obtained a license there- for in the manner provided by this ordinance. 238 Applicant Must Register Name , Etc. Sec. 2. Every person engaged in any business, occupation or pursuit required to be licensed under the provisions of this ordinance shall register with the city clerk his name, residence, occupation or business, and the place where the latter is, or is to be, carried on; and in the case of a company or firm, the names of the persons composing the same shall also be registered. 239 Tax — Amount Op. Classification. Sec. 3. There shall be taxed and collected of and from the per- sons engaged in or carrying on the different branches of business, occupation or pursuits in this section men- tioned, respectively, license and permit fees for each CITY OF CARBONDALE 105 year, or as otherwise mentioned, at the rates following, to-wit : 240 First. Keeper or keepers of skating rinks shall pay thirty dollars per year, or for any time less than one month fifty cents per day. See Amusements. Section 3, Clause 3. 241 Second. Proprietors or owners of opera houses or halls used for theatrical purposes shall pay a license fee of twelve dollars per year, in lieu of all separate license fees for shows or amusements given in such opera house, hall or theater during the period of such license, and such license may be taken out for any period not less than three nor more than twelve months at that rate or proportionate part of unexpired munic- ipal year. See Amusements. Section 3, Clause 1. 242 Third. Proprietors or managers of any shoot- ing gallery, exhibition of any rope or wire walking, puppets or wax figures, doll, knife or cane rack, gal- vanic battery, lung tester, steam swings or merry-go- rounds, or lifting apparatus, shall pay a license fee of one dollar per day. 243 Fourth . Pawnbrokers shall pay a license fee at the rate of twenty-five dollars per year; and no license shall be issued for less than three months at that rate. 244 Fifth. Auctioneers shall pay according to rates laid down in Chapter II. on auctioneers and auc- tions. 245 Sixth. Bill posters at the rate of six dollars per annum, or, if taken for a less period, at the rate of one dollar per day. 246 Seventh. Draymen, etc., at the rates prescribed in the chapter on that subject. ORDINANCES OF THE I 06 247 Eighth. Hawkers and peddlers. See chapter on that subject. 248 Ninth. Keepers of public scales at the rate of three dollars per annum. 249 Tenth. All other license fees required will be found tabulated under their appropriate heads and chapters. 250 Bond. Sec. 4. All persons following the oc- cupation of pawnbroker aforesaid shall give bond in the penal sum of five hundred dollars, with at least one good and sufficient surety, a resident of this city, to be approved by the mayor or city council, or both, con- ditioned for the observance of the ordinances of the city and for the prompt payment of all moneys due to any person or persons and the delivery of all goods to the persons entitled thereto. 251 Record — Daily Report to Day Marshal. Sec. 5. Every pawnbroker shall keep a well bound book, in which shall be legibly written in ink, at the time of each purchase or loan, a full and accurate account in the English language of the transaction, specifying dates, names and residence of persons, description of articles, amount paid or loaned, rate of interest, and when due. No entry shall be erased or obliterated. Such record and such articles shall at all reasonable hours be open to inspection by the mayor and all police officers or any committee appointed by the mayor. And it shall be the duty of every licensed person aforesaid to make out and deliver to the day marshal, every day before the hour of 12:00 m., a legible and correct copy from the book required by this section, of all personal prop- erty and all other valuable things received on deposit or purchased during the day preceding, together with the time, meaning the hour, when received or purchased, and a true description of the person or persons by whom left in pledge or from whom the same were purchased. Any person failing to keep such record, or wilfully CITY OF CARBONDALE 107 erasing or obliterating the same, or any or part of any entry thereon, or refusing or failing at any reasonable hour to allow such record or such articles to be in- spected as aforesaid, or shall fail or refuse to make report as aforesaid, shall be fined not less than five nor more than one hundred dollars. 252 Front Whom Property Shall Not Be Received. Sec. 6. No pawnbroker or keeper of a loan office, whether licensed or not, shall take or receive in pawn or pledge for money loaned any property, article or thing of value from any intoxicated person, nor from any person known to him to be a thief or to have been convicted of burglary or larceny, nor from any minor without the written consent of the parent or guardian of such minor, under a penalty of not less than five nor exceeding one hundred dollars for each offense. 253 Police to Report Violations. Sec. 7. It shall be the duty of the city marshals and other police officers to report to the mayor any failure on the part of any person licensed as aforesaid to comply with any of the provisions of this article, and the mayor may revoke the license of such person or persons on satisfactory cause appearing to him for so doing. 254 Revocation. Sec. 8. All licenses granted under this chapter, and all other licenses granted, are subject to revocation for any willful failure to observe any ordi- nance relative to the conduct of such business, and in case of revocation no part of the fee shall be refunded. 255 License to Expire With Municipal Year. Sec. 9. All licenses shall expire with the municipal year, viz: at first regular meeting of the city council in May after the issue of the license, and no license shall issue for a less fee than is above prescribed, except that where the license is an annual one and over half of the fiscal year has expired, it may issue for the re- mainder of the fiscal year for the sum of one-half the annual rate but no less. io8 ORDINANCES OF THE 256 Penalty. Sec. 10. Any person carrying on any such business or occupation, as aforesaid, without having first obtained a license, shall be fined not less than three nor more than one hundred dollars for each offense. ARTICLE II. APPLICATION FOR — HOW ISSUED — PAYMENT, ETC. 257 Order For— Mayor to Issue. Sec. 11. When- ever any person shall desire a license for any purpose for which within the city limits a license is by law or ordinance required, such person shall apply to the mayor, who, if he approves the application, shall give the applicant an order in writing to the city clerk, signed by him, stating the license for which permission is granted, directing the clerk, upon payment to him of the fees by law or ordinance required, to issue to the applicant the proper license. License can not legally issue without ordinance. People vs. Crotty, 93 111 ., 180; Bull vs. Quincy, 9 111 . App., 127. Where applicant for license is suitable person and has complied with requirements of ordinance the city authorities can not arbitra- rily refuse to grant license. Zanson vs. Mound City, 103 111 ., 552. License money not a tax and not required to be applied solely to corporate purposes. E. St. Louis vs. School Trustees, 102 111 ., 489. 258 Approval of Bonds Before Order Is sited. Sec. 12 If a bond be required of such applicant before a license is granted, such applicant shall, when applying to the mayor or city council, present to him or them for approval a bond executed by such applicant, with se- curity to the satisfaction of the mayor or council, in such sum as may be by law or ordinance required; and CITY OF CARBONDALE 1 09 if the mayor or council approve such bond, such ap- proval shall be endorsed thereon, and no order for a license shall be given until the bond of such applicant has been approved. 259 Order not Transferable — Affidavit. Sec. 13. No order for a license shall be transferable, and the city clerk may require proof by affidavit that the person presenting an order for a license is the same person to whom it was issued. 260 Clerk to Issue — License Receipt Book , Etc. Sec. 14. The city clerk is hereby authorized to issue all licenses herein provided for and to collect all sums of money chargeable therefor. He shall furnish his office with a blank license receipt book, the license receipt of which shall be numbered, and he shall issue all licenses from said blank license receipt book, and he shall enter on the stub of said license receipt book to whom issued, when issued and the amount thereof, and when for billiard table or other like table or tables, or for the selling of intoxicating liquors, the house where they are to be kept. 261 Fees Paid Treasurer — Receipt Indorsed. Sec. 15. Upon receiving an order for a license the applicant shall, before presenting the same to the city clerk, apply to the city treasurer and pay to him the fees required thereon, who shall indorse on the back of such order a receipt, signed by him, for such fees, and the city clerk shall, upon the presentation of such order so indorsed and satisfactory proof that such order was bona fide issued to the person presenting it, issue to such person the proper license. If city receive and retain money for license, it can not prosecute person paying it for conducting business without license, though none was issued. Martel vs. East St. Louis, 94 111 ., 67. 262 License Not Transferable — Include But One. Sec. 16. No license issued by authority of this city shall be 1 IO ORDINANCES OF THE transferable nor confer any authority, privilege or right upon any person other than to whom the same is issued; provided , saioon and other licenses, except auctioneers, hawkers and peddlers, may be granted to firms com- posed of two or more members, but shall be good only while the firm remains composed of the same persons as at the time of granting the license. See Munsell vs. Temple, 3 Gilman, 93. 263 Subject to Revocation — Mode Of Sec. 17. All licenses granted by the authority of the city shall be subject to the power of the mayor to revoke them for such cause as may by law or ordinance be declared a forfeiture thereof, l he power of revocation shall be exercised as follows: The mayor shall deliver to any one of the city marshals an order in writing, signed by him, declaring the license forfeited and revoked and stating the reason therefor, and requesting the holder of such license to deliver the same to the marshal, which order the marshal shall forthwith proceed to serve upon the party to whom it is directed by reading and deliver- ing a copy thereof to said party, and demanding a sur- render of said license, and shall make return thereof to the mayor with an endorsement on the back of said order stating the time and manner of serving the same, and shall also return the license to the mayor if the same be surrendered to him: Provided , that in all cases where surrender of license is demanded as above, the mayor shall tender the amount of money due for the unexpired portion of term for which the license was issued. The mayor shall report to the city council, at its next regular meeting, the fact of such revocation, with the order therefor and the return of the city mar- shal thereon and the license, if in his custody. If the city council approve such revocation, the city clerk shall indorse their approval on said order and file the same in his office; but if the city council does not indorse such revocation, it shall be held of no effect, and the license, if it shall have been surrendered by the holder, shall be returned to him and continue in force for a length of time thereafter equal to the unexpired time CITY OF CARBONDALE I I I at the time of revocation. In no case shall the holder be entitled to a return of any portion of the fees paid for the granting of such license. 264 From What Time Void — Penalty. Sec. 18. In case an order of revocation of license be issued and served as provided for in section 7 of this chapter, such license shall be deemed to be at an end and void and of no effect from the time such order is served, whether such license be delivered to the city marshal or not, and if the holder shall proceed to act thereafter under such license and contrary to the order of revocation he shall, on conviction, be fined as though no license had ever been issued. 265 Bond Submitted to Council — Proceedings. Sec. 19. Whenever a bond is required before the granting of any license the mayor, after having approved such bond and issued an order to grant the license, shall re- tain the custody of the bond until the next regular meeting of the city council, when he shall submit such bond to the city council, and the said council may ap- prove or reject such bond or require additional security thereon, and if the holder of the license fails or refuses to give security to the satisfaction of the city council within the time he may be required, or if the bond be wholly rejected, the license shall be deemed to be for- feited and at an end, and the holder shall have refunded to him such portion of the sum paid for the granting of such license as the unexpired time such license has to run bears to the whole time for which it was issued. 266 What Not Authorized by License— Penalty . Sec. 20. Nothing in this chapter, or in any ordinance of the city, shall be deemed, held or construed, nor shall any license granted or issued in pursuance of any ordinance of this city be deemed, held or construed, to authorize the holder of any license granted by authority of law or city ordinance to exercise, follow, engage in or carry on the vocation, calling or privilege as is in such license mentioned, upon or in any sidewalk, crosswalk, pave- I 12 ORDINANCES OF THE ment, street, alley, public way or other public place within the city. Whoever shall violate the provisions of this section shall, on conviction, be fined not less than three nor more than one hundred dollars: Provided , this section shall not be construed to prevent peddlers or scavengers from the necessary and reasonable use of streets, alleys and public ways to carry on their business. Primary purpose of streets is for passage and travel, and obstruc- tions to its free use for such purposes is unauthorized and illegal and may be declared a nuisance. Dillon on Municipal Corporation, Sec- tions 683, 730; Quincy vs. Jones, 76 111 ., 231, 244; Caldwell vs. Alton, 33 111 ., 416. Person accepting a license takes it subject to provisions of ordi- nances relating thereto, and acceptance of license is acknowledgement of the validity of the ordinance. Launder vs. Chicago, m 111 ., 296. Authority of city council. R. S. Chaper 24, Article V, Section 1, Clause 20. 267 Bribing Mayor — Penalty — Mayor Accepting — Penalty . Sec. 21. Whoever shall give or promise to give to the mayor any money or other valuable thing, or any favor or promise thereof, as a consideration or inducement to approve any bond for license, or grant any order for a license, or as reward or compensation for having approved any such bond or granted any such order, shall, on conviction, be fined not less than fifty nor more than two hundred dollars. And if the mayor shall accept or receive anything contrary to the provis- ions of this section, he shall forfeit not less than fifty nor more than two hundred dollars, to be recovered in an action in the name of the city directly against him or upon his official bond as for malfeasance in office. CITY OF CARBONDALE I I CHAPTER XIX. NUISANCES. 268 What Is Nuisance — Classification. Section i. It is hereby declared to be a nuisance for any person or persons, firm, company or corporation within the cor- porate limits of this city: Power to declare a nuisance, etc. R. S. Chapter 24, Article V, Section 1, Clause 75. First. To so negligently conduct any business or use any premises as to create an offensive smell or taint the air and render it unwholesome or disagreeable to any person or persons. Power to prohibit unwholesome business. R. S. Chapter 24, Article V, Section 1, Clause 83. Second. To cause or suffer the carcass of any animal or any offal, filth or noisome substance to be collected, deposited or remain in any place to the prejudice of any person or persons. Power to promote health, etc. R. S. Chapter 24, Article V, Section 1, Clause 78. Third. To throw, deposit or discharge into, or suffer to be collected, deposited or remain in, any street, alley or other public place, or in any house, building, prem- ises, sewer, gutter, spring, well or cistern, any ashes, filth, garbage, offal, excrement, manure or other nox- ious substance, or any rotten or decaying animal or vegetable matter, or any waste paper, rag or old gar- u ORDINANCES OF THE ment, soot or other contents of any stovepipe, chimney or flue, or any rubbish of any kind. See Ellis vs. K. C., etc., R. R. Co., 63 Mo., 131. R. S. Chap- ter 24. Article V, Section 1, Clause 15. Fourth. To allow, suffer or permit any lot or prem- ises, common or place of any kind whatever to become neglected so as to be offensive to other persons by weeds growing thereon or by the depositing of rubbish of any kind to the prejudice of any person or persons living in the vicinity of the same. Fifth. To corrupt or render unwholesome or im- pure the water of any spring, stream, pond or well to the prejudice or injury of any person or persons. R. S. Chapter 24, Article V, Section 1, Clause 40. Sixth. To obstruct or impede, without legal author- ity, the passage of any gutter, conduit, sewer or the natural drainage of any public or private property. R. S. Chapter 24, Article V, Section 1, Clause 29. Seventh. To obstruct or encroach upon public high- ways, private ways, streets, alleys or commons, or any part thereof, by any article or thing whatever. R. S. Chapter 24, Article V, Section 1, Clause to. Eighth. To establish, maintain and carry on any offensive or unwholesome business within the limits of said city or within one mile of the limits thereof. R. S. Chapter 24, Article V, Section 1, clause 83. Ninth. To permit or suffer any offal, filth, refuse, animal or vegetable matter which is liable to become putrid or offensive, or injurious to health, to remain on any premises used or occupied by him, her or them for a longer time than five hours at any one time. R. S. Chapter 24, Article V, Section 1, Clause 78. CITY OF CARBONDALE I 15 Tenth. To keep, or suffer to be kept, in a foul, offensive, nauseous or filthy condition any railroad car, building, yard, cellar, barn, sewer, pigsty or privy. R. S. Chapter 24, Article V, Section 1, Clause 84. Eleventh. To own, keep or use any railroad car, yard, pen, place or premises in or upon which cattle or swine shall be confined or kept so as to be offensive to persons residing in the vicinity of the same. See I. C. R. R. Co. vs. Grabell, 50 111 ., 241. Twelfth. To erect, continue or use any building or other place for the exercise of any trade, employment or manufacture which, by occasioning noxious exhala- tions, offensive smells, or otherwise is offensive or dangerous to the health of any individual or of the public. R. S. Chapter 24, Article V, Section 1. Thirteenth. To locate and use, without first having obtained permission of the city council to do so, any packing house, rendery, tallow chandlery, bone factory, soap factory, tannery, brewery, distillery, livery stable, blacksmith shop or foundry. R. S. Chapter 24, Article V, Section 1, Clauses 81, 82. Fozirteenth. For the owner or keeper of any lot or premises to suffer to stand or remain thereon water which is or which may become stagnant, foul and offen- sive, as well as detrimental, to the health and comfort of any person or persons residing in the neighborhood thereof. R. S. Chapter 24, Article V, Section 1, Clause 40. Fifteenth. To erect or use habitually any house or lot for the purpose of butchering or slaughtering cattle, calves, sheep or swine without permission granted by the city council. R. S. Chapter 24, Article V, Section 1, Clause 83. i6 ORDINANCES OF THE Sixteenth. To boil or render tainted lard or other animal substance so as to taint the air or render it un- wholesome or offensive. R. S. Chapter 24, Article V, Section 1, Clause 81. Seventeenth. To suffer or permit any bitch to run at large, within the limits of the city, while proud or in heat, and every bitch found so running at large shall be summarily killed and destroyed. Eighteenth. To obstruct, occupy or use, in or about the erection, construction or repair of any house or other building, any part of any sidewalk, crosswalk, crossing or pavement, or any portion of any street in excess of half the width thereof, with any brick, stone, lumber, lime or other builders’ material. Nineteenth. To set up, or cause to be set up, over any street, alley or sidewalk any awning less than eight feet high, or suspend any awning or any sign, signbox or fixture over any street or sidewalk lower than eight feet above the same, or suspend any merchandise or other article in front of any building and more than two feet from the wall thereof so that any part of the same shall be less than eight feet above the sidewalk or ground: Provided , that this clause shall not apply to awnings, etc., already erected and in place, but shall apply to any of the aforesaid which shall hereafter be erected. Twentieth. For horse traders or transient persons of any kind or character to congregate upon the streets or alleys of this city for the purpose of trading horses or exhibiting their horses, or for any other purpose, or in any other way to obstruct the streets and thus hinder, delay or disturb any person or persons: And it is further provided , that such persons above mentioned shall immediately disperse upon verbal notice by the proper officer, and upon failure so to do shall be fined under the penalty for nuisances or provided for in this chapter. CITY OF CARBONDALE 1 17 269 Penalty — Order to Abate — Proviso. Sec. 2. Who- ever violates any clause, section or provision of this chapter shall, on conviction, be fined not less than three nor more than two hundred dollars; and if any such person or persons, firm, company or corporation shall continue a nuisance after being fined for the same, a new cause of action shall immediately accrue against such person or persons, firm, company or corporation, subjecting the offender to a like penalty as aforesaid; and so on, after the rendition of each fine, the continu- ance of such nuisance shall be deemed a new cause of action as aforesaid: Provided , that the offender shall, in every case under the provisions of this chapter, be noti- fied by the mayor or marshals of said city to remove or abate any such nuisance and be allowed a reasonable time, to be fixed by such officer in such notice accord- ing to the nature of such nuisance, to so remove and abate the same, which notice shall be in writing and be signed and returned by the officer serving the same, and upon removing or abating such nuisance within the time fixed by such officer the offender shall not be sub- ject to the fine aforesaid unless the commission of such nuisance was willful or resulted in actual damage to the person or property of some person or corporation. CHAPTER XX. ORDINANCES. 270 Manner of Recording and Publishing. Section 1. The revised ordinances of this city, when the same are completed, shall be recorded in the manner that they are adopted and shall be published as adopted in 1 18 ORDINANCES OF THE book form. Mayor may give casting vote in case of a tie on the passage of an ordinance. Carrollton vs. Clark, 21 111 . App., 74. See R. S. Chapter 24, Article V, Section 1, Clause 96; Ibid, Sections 2-9, Article III, Sections 13, j8, 19. Barr vs. Village of Auburn, 89 111 ., 361; Harmon vs. Chicago, no 111 ., 400; Lindsey vs. Chicago, 115 111 ., 120; Village of Bethalto vs. Conley, 9 111 . App., 339; Mason vs. City of Shawneetovvn, 77 111 ., 533; Law vs. People, 87 111 ., 385; Moss vs. Oakland, 88 111 ., 109; Baker vs. Village of Maquon, 9 111 . App., 155. 271 When to Take Effect, Etc. Sec. 2. That said revised ordinances shall take effect on and be in force from and after the expiration of ten days from the date of publication thereof, and on the taking effect thereof all prior ordinances shall be repealed thereby only to the extent of the conflict between such former ordi- nances and the present revised ordinances, so that all former ordinances not repealed directly or indirectly by these or other ordinances are hereby kept in full force and effect. The following ordinances, to-wit: Ordinance No. 192, relating to sidewalk on both sides of Oak street, between Missouri street and Poplar street, approved January 2, 1895; Ordinance No. 205, relating to the improvement of the streets and gutters on the north and south sides of Main street from Marion street to Springer street, ap- proved October 18, 1895; Ordinance No. 207, relating to sidewalk on both sides of Normal avenue from Oak street to grounds of Southern Illinois Normal University, approved May 8, 1896; Ordinance No. 208, relating to sidewalk on the west side of West street from Oak street to the grounds of the Southern Illinois Normal University, approved May 20, 1896; CITY OF CARBONDALE 19 Ordinance No. 209, relating to sidewalk on the east side of West street from Oak street to College street, approved May 20, 1896; Ordinance No. 210, relating to sidewalk on both sides of North street from Normal avenue to Gum street, approved May 20, 1896; Ordinance No. 21 1, relating to sidewalk on the north side of North street from Gum street to Wall street, approved May 20, 1896; Ordinance No. 212, relating to sidewalk on both sides of South street from Normal avenue to Marion street, approved May 20, 1896; Ordinance No. 184, relating to sidewalks on the streets of the public square, approved September 4. 1894; Ordinance No. 215, relating to sidewalk on south side of Main street from East street to Marion street, approved September 1, 1896; Ordinances Nos. 218, 227, 230 to 234, inclusive; 244, 246, 283, 287, 294, 297, 302, 305 to 310, inclusive, and all other special ordinances not repealed to date are also deemed as continued in force in all their provisions. Effect of repeal without saving clause. Day vs. City of Clinton, 6 111 . App., 476. 272 Rules of Construction. Sec. 3. In the con- struction of all ordinances now in force or which may be hereafter enacted, the following rules shall be ob- served, unless such construction would be inconsistent with the manifest intention of the city council in adopt- ing the ordinance, or repugnant to the context of such ordinance, or violative of some principle of law, viz: ORDINANCES OF THE 120 Fisrt. All general provisions, terms, phrases and expressions shall be liberally construed in order that the intent of the city council may be fully carried out. Second. Words in the present tense include the future. Third. Words importing the singular number may extend and be applied to several persons and things, and words importing the plural number may include the singular. Fourth. Words importing the masculine gender may be applied to females. Fifth. The word “person” or “persons,” as well as all words referring to or importing persons, may extend and be applied to bodies politic and corporate as well as individuals. Sixth. The word “month” shall mean a calendar month. Seventh. The term “council” shall be held to mean the city council; “clerk” shall be held to mean the city clerk; “treasurer” to mean the city treasurer; “attorney” to mean the city attorney, and “marshal” or “city mar- shal” to mean either the day marshal or the night marshal. 273 How Passed , Approved , Etc. Sec. 4. All ordi- nances passed by the city council shall, before they take effect, be deposited in the office of the city clerk; if the mayor approves thereof he shall sign the same, and such as he shall not approve he shall return to the council, with his objection thereto in writing, at the next regular meeting of the city council, occurring not less than five days after the passage thereof. R. S. Chapter 24, Article III, Section 18; Ibid, Article VI, Section 11. Eubanks vs. Town of Ashley, 36 111 ., 177; Barr vs. Auburn, 89 111 ., 161. CITY OF CARBONDALE I 2 I Requirements of ordinances, 67 111 ., 102; 56 111 . App., 191. Ordinance book; evidence of adoption, 89 111 ., 361. Repeal of ordinances by implication, 67 IU., 103. Proof of ordinances by a printed book purporting to be pub- lished by authority of the city council, 48 111 . App., 202 5115 111 ., 1 20. Publication of ordinances, 87 111 ., 385 ; 9 111 . App., 155. Ordinances, book form; prima facie of adoption, Barr vs. Auburn, 89 111 ., 361; 39 111 . App., 592; 139 111 ., 306; 48 111 . App., 202, 208. 274 Fines Not Released. Sec. 5. No fine, forfeit- ure, penalty, right of action, suit, debt or other liability incurred, instituted or accrued before the date that these ordinances take effect shall be released or dis- charged by the passage of these ordinances, but the same are hereby expressly reserved and excepted. 275 City Attorney to Draw, Etc. Sec. 6. All or- dinances shall be drawn by the city attorney, for which he may charge a reasonable fee. And this applies equally to ordinances written in behalf of and for the city and to those in behalf of or for any person, firm, company or corporation. It is the duty of the city attorney to write such ordinances and see that they are regular and legally all right and constitutional ; provided , that if any ordinance shall be drawn up by any person other than the city attorney, such ordinance shall be presented to the city attorney for his examination and approval before being presented to the city council for passage. 276 General Penalty. Sec. 7. In ail cases where any act is prohibited by any ordinance of this city, and whenever any provision of any ordinance is violated, where no other fine or penalty is provided, a breach thereof shall subject the offender to a penalty of not less than three dollars nor more than one hundred dol- lars for each offense. I 22 ORDINANCES OF THE CHAPTER XXI. PEDDLERS. 277 License Required — Exception. Section i. It shall be unlawful for any person or persons, corpora- tion, company or firm to exercise the business of a ped- dler, or to peddle, within the city limits, goods, wares, merchandise or other articles, except farm, orchard or garden products when sold by the bona fide producers thereof, without a license so to do, obtained in the man- ner prescribed by law or the ordinance of the city for the granting of licenses. Authority to require license. R. S. Chapter 24, Article V, Sec- tion 1, Clause 41. See also, Constitution, Article IX, Section 1. Wiggins vs. Chi- cago, 68 111., 372. Who is a peddler. Bouvier’s Law Dictionary, title “Peddlers.” 278 Fees For — Classification. Sec. 2. To obtain the license provided for in section 1 of this chapter, the person, corporation, company or firm desiring the same shall pay into the city treasury the amount required of the class to which his, its or their business may belong according to the following classification: 279 First. For a foot peddler, or one going about on foot with goods, wares, merchandise or other articles for sale, two dollars for each and every day he may be CITY OF CARBONDALE 23 so engaged within the city limits, or six dollars per week. 280 Second. For one going about in a horse wagon, cart, dray or other vehicle, four dollars for each and every day, or tvvelve dollars per week. 281 License to Company — Restriction. Sec. 3. A license to peddle may be granted to a corporation, company or firm composed of two or more individuals or persons, but shall not be construed to authorize more than one person to be engaged in peddling for such cor- poration, company or firm at one and the same time. 282 Peddling Without License — Restriction. Sec. 4. Whoever shall engage, within the limits of the city, in the business of peddling without license so to do, as re- quired in this chapter, shall, on conviction, be fined not less than three nor more than twenty-five dollars for each and every day he shall be so engaged. 283 Violation — Forfeiture — Penalty. Sec. 5. Any person who, having obtained a license to peddle under one class as provided in this chapter, shall engage in another of the classes herein mentioned, or who shall sell or dispose of stolen goods under such license, or shall conduct himself during the continuance of such license in a riotous or disorderly manner; or any cor- poration, company or firm which, having obtained a license of one class, shall engage in another class, or shall employ more than one person to peddle under the same license at the same time, or shall sell or dispose of stolen goods under such license, or shall keep in its or their employ, under such license, a person who con- ducts himself in a riotous or disorderly manner, shall be deemed to have forfeited such license, and, on con- viction, shall be fined as if no license had been issued. 124 ORDINANCES OF THE CHAPTER XXII. PLATS. 284 Official Map of the City — What Declared. Sec- tion 1. The plat or map of the survey of this city made by Edmund Newsome and brought down to date by YV. F. Hughes, county surveyor, under contract with the city and approved by the city council of said city, is hereby declared to be, and unless changed by law or ordinance, shall remain, the official map of the city as to all matters thereby shown. 285 Plats to be Approved by the City Council — Con- form to Existing Streets , Etc. Sec. 2. Every plat or map to any addition to or subdivision of any land, block or lot, or part thereof, within the limits of this city, or to be annexed thereto, which shall be hereafter made, shall, as near as practicable, conform to and correspond with existing blocks, lots, streets, alleys and public ways; and every such plat or map shall, to entitle the same to be recorded in the office of the recorder of this county, be first submitted to and approved by a majority vote of all the members of the city council, such approval to be entered by yeas and nays upon the journal of the council’s proceedings, and no such plat or map shall have any validity or be of any force until it is approved and a certificate of such approval signed by the city clerk, with the corporate seal thereto attached, shall have been endorsed thereon. Approval of maps, etc. R. S. Chapter 24, Article X, Section 5. CITY OF CARBONDALE 25 CHAPTER XXIII. PENAL CODE AND PRACTICE. Article I. Offenses Against the Peace of the City. Article II. Offenses Against the Police and Morals of the City. Article III. Miscellaneous Of fenses. Article IV. Practices. ARTICLE I. OFFENSES AGAINST THE PEACE OF THE CITY. 286 Assault — -Assault and Battery — Penalty. Sec- tion 1. Whoever shall commit an assault, or an assault and battery, within the limits of the city, shall, on con- viction, be fined not less than three nor more than one hundred dollars. Power to prevent. R. S. Chapter 24, Article V, Section 1, Clause 59. Ibid, Chapter 38, Sections 20-22. Hoyer vs. Mascoutah, 59 111 ., 137. 287 Affrays — Penalty. Sec. 2. If two or more per- sons fight by agreement, in any place within the limits of the city, they shall, on conviction, be fined not less than three nor more than one hundred dollars. Power to suppress. R. S. Chapter 24, Article V, Section 1, Clause 72. Ibid, Chapter 38, Section 20. 126 ORDINANCES OF THE 288 Assembly — Unlawful — Penalty. Sec. 3. If two or more persons assemble to do an unlawful act, within the limits of the city, or being assembled together within the limits of the city shall conduct themselves in a riotous or disorderly manner, they shall be deemed guilty of an unlawful assembly and, on conviction, shall severally be fined not less than three nor more than one hundred dollars. Power to prevent. R. S. Chapter 24, Article V, Section 1, Clause 72. 289 Provoking a Breach of the Peace — Penalty. Sec. 4. Whoever, within the limits of the city, shall provoke a breach of the peace by publicly challenging another to fight, or by fighting, or shall use any violent, threat- ening, profane or indecent language, to the disturbance of any person, or shall use any threatening, tumultuous, offensive, unseemly, reproaching or abusive language, to the annoyance, disturbance or vexation of any other person, or shall be guilty of conduct tending to provoke a breach of the peace, shall, on conviction, be fined not less than three nor more than one hundred dollars. Power to prevent. R. S. Chapter 24, Article V, Section 1, Clause 59. 290 Disturbing the Peace — Penalty. Sec. 5. Who- ever shall disturb the peace and quiet of the city, or any neighborhood, family or person, by loud and un- usual noise, shouting, blowing horns, yelling, singing, whistling, or by tumultuous and offensive carriage, or other boisterous and unseemly conduct, shall, on con- viction, be fined not less than three dollars nor more than one hundred dollars. Power to prevent. R. S. Chapter 24, Article V, Section 1, Clause 59. 291 Disturbing Religious or Other Assembly — Pen- alty. Sec. 6. Whoever shall, within the limits of the city, by any menace, profane language, vulgar language, or any disorderly or unusual conduct, interrupt or dis- CITY OF CARBONDALE 127 turb any congregation of persons while at religious worship, or any other lawful assembly of persons, or the peace and quiet of any private family, within the limits of the city, shall, on conviction, be fined not less than three dollars nor more than one hundred dollars. Power to prevent, etc. R. S. Chapter 24, Article V, Section 1, Clauses 59, 72. 292 Disturbing Funeral. Sec. 7. Whoever shall wilfully interrupt or disturb any funeral assembly or funeral procession, or any school or other assemblage of persons met for a lawful purpose, shall, on convic- tion, be fined not less than three dollars nor more than two hundred dollars. Power to prevent, etc. R. S. Chapter 24, Article V, Section r, Clause 59. 293 Going About Armed — Flourishing — Penalty. Sec. 8 . Whoever shall go about the city armed with a gun, sword, pistol or other dangerous or deadly weapon, or shall in any place in the city flourish or display any such weapon in a threatening or dangerous manner, shall, on conviction, be fined not less than twenty-five dollars nor more than two hundred dollars. Power of city to prevent. R. S. Chapter 24, Article V, Section 1, Clause 66. 294 Carrying Concealed Weapons — Penalty. Sec. 9. Whoever, except peace officers, shall, within the limits of the city, carry or wear under his clothing, or con- cealed about his person, any pistol, slung-shot, or cross- knuckles or knuckles of lead, brass or other metal, or any bowie-knife, or dirk-knife, or dirk, or dagger, or any other dangerous or deadly weapon, shall, on con- viction, be fined not less than twenty-five dollars nor more than two hundred dollars. Power to prevent. R. S. Chapter 24, Article V, Section 1, Clauses 59, 66. 295 I mmoderate Driving and Racing — Penalty. Sec. 10. Whoever shall be guilty of driving at a rapid or 128 ORDINANCES OF THE immoderate rate, or of racing, within the limits of the city, or of otherwise driving or riding therein in such a manner as to endanger the life, limbs or property of other persons, shall, on conviction, be fined not less than three dollars nor more than one hundred dollars. Power to regulate, etc. R. S. Chapter 24, Article V, Section 1, Clause 2 1 . 296 Routs and Riots — Penalty . Sec. ii. If two or more persons meet to do an unlawful act upon a com- mon cause of quarrel, within the limits of the city, and make advances toward such act, they shall be deemed guilty of rout, and on conviction shall severally be fined not less than three dollars nor more than one hundred dollars. But if two or more persons actually do an unlawful act with force or violence against the property of another, with or without a common cause of quarrel, they shall be deemed guilty of a riot, and, on conviction, shall severally be fined not less than three nor more than one hundred dollars. Power to regulate, etc. R. S. Chapter 24, Article V, Section 1, Clause 72. 297 Not Permitted to Lounge on Streets — Penalty. Sec. 12. Whoever shall obstruct or encumber any street or street corner, or any public place of the city, by lounging in or about the same, and after being ordered to move on by any police officer, the person so offending shall be subject to a penalty of not less than three dollars nor more than fifty dollars for each offense. 298 Vicious or Mischievous Animals not A lloiued — Penalty. Sec. 13. Whoever shall knowingly permit or allow any vicious, unruly or mischievous animal, owned or kept by him, to escape from his custody or control within the city limits, or shall exhibit such animal or animals in the streets, alleys or other place within said city to the annoyance or danger of any person, or the injury or damage of any property, shall be subject to a CITY OF CARBONDALE I 29 fine of not less than five dollars nor exceeding fifty dollars. 299 Disorderly House for Idleness , Gaming, Etc . — Penalty. Sec. 14. W hoever shall keep a common, ill- governed and disorderly house, to the encouragement of idleness, gaming, drinking, fornication or other mis- behavior, shall be fined not less than ten dollars and not exceeding two hundred dollars. 300 Throwing Stones , Etc., in Public Places — Pen- alty. Sec. 15. No boy or other person shall purposely or heedlessly cast or throw any stone, brickbat, clod or other missile from or into any public place, or at any house or person, within the city, under a penalty, in each case, of not less than one dollar nor exceeding five dollars. 301 Climbing on Vehicles While in Motion. Penalty. Sec. 16. No boy or other person shall climb upon or into any wagon, carriage, sleigh or other vehicle, while the same may be in motion, or attach his sled or cart to any such vehicle, without the consent of the driver thereof, or shall otherwise wilfully molest or annoy any person in said city, under a penalty of not less than one dollar nor more than five dollars in each case. 302 Playing or Pitching Ball , Etc., Prohibited — Penalty. Sec. 17. It shall be unlawful for any person or persons to play baseball or to throw, pitch or toss any baseball, catch ball, yarn ball, rubber ball, yarn and rubber ball, snow ball, or other ball, or fly or raise any kite, on any of the streets, avenues, sidewalks or alleys, or engage in any sport or exercise likely to frighten horses, injure passengers, embarrass the passage of vehicles or obstruct the business of other people within the limits of the city. Every person who shall violate the provisions of this section shall, on conviction, be fined not less than one nor more than ten dollars. ORDINANCES OF THE 130 ARTICLE II. OFFENSES AGAINST THE POLICE AND MORALS OF THE CITY. 303 Drunkenness — Penalty. Section i. Whoever shall be found in any street, alley or other public place, or in any private house or place, to the annoyance of any person, within the limits of the city, exposed to public view therein in a state of intoxication or drunk- enness, shall, on conviction, be fined not less than three nor more than fifty dollars; provided, a trial of such per- son shall not be had for such offense until he or she shall have become sufficiently sobered as to have reasonable control of his or her mental faculties, but he or she may be confined or kept from public view until in a fit condition for trial. Power to prevent, etc. Chapter 24, Article V, Section 1 , Clause 59. 304 Firearms Fireworks , Etc., Prohibited. — Penalty. Sec. 19. Whoever, within the limits of the city, shall * fire or discharge any gun, cannon, fowling piece, pistol or firearms of any description, or fire, explode or set off any squib, cracker or anything containing powder or other explosive substance shall, on conviction, be fined not less than three nor more than fifty dollars; provided , this section shall not apply to the burning of powder upon national holidays or to the celebration of general and public events; and provided, further, that it shall be unlawful for any person or persons to fire or discharge any giant firecracker or dynamite stick at any and all times whatsoever national holidays and the celebration of general and public events not excepted, under a penalty of not less than three dollars nor more than fifty dollars. Power to control, etc. Chapter 24, Article V, Section 1, Clause 65. CITY OF CARBONDALE 13 305 Obscene Literature , Pictures , Etc., Prohibited — Penalty. Sec. 20. Whoever, upon any building, bul- letin board, post, pole, fence or other structure or thing, or in any public place, within the limits of the city, shall write, mark, cut, draw, paint or otherwise make, or shall leave, put up or expose to view any obscene, lewd or indecent word, line, sentence, picture, painting, drawing or other character or caricature, and whoever shall, within the limits of the city, sell, expose or offer for sale, circulate, distribute or expose, or offer for circulation or distribution, whether for gain, fee or reward, or gratuitously, any obscene, lewd or indecent book, pamphlet, circular, periodical, paper, picture, drawing, painting or other character or caricature shall, on conviction, be fined not less than three nor more than two hundred dollars. Power to prevent, etc. R. S. Chapter 24, Article V, Section 1, Clauses 18, 66. 306 Disorderly House — Penalty. Sec. 21. Whoever, within the limits of the city, or within three miles of the outer boundaries thereof, shall keep or maintain, or in any house or place owned, possessed, occupied or con- trolled by him, his agents or servants, shall suffer or permit to be kept or maintained, an ill-governed or dis- orderly house, bawdy house, house of illfame, or assig- nation house, shall, on conviction, be fined not less than three nor more than one hundred dollars. Power to prohibit. R. S. Chapter 24, Article V, Section 1, Clause 45. Ibid, Sections 245, 246. Disorderly house — what deemed. R. S. Chapter 38, Section 57. See Bouv. Die. under “House of Illfame” and the authorities there cited. 307 Fornicatio 7 t — Keeping House or Women for Prac- tice Of — Penalty. Sec. 22. Whoever, within the limits of the city, or within three miles of the outer bound- aries thereof, shall live in a state of open adultery or fornication, or shall keep or maintain any house or place for the practice of adultery or fornication, or other ORDINANCES OF THE 1 32 act or acts tending to debauch the morals of the city; or shall, in any house or place owned, kept or occupied by himself, his agents or servants, procure or permit any person to practice adultery, fornication or other act of lewdness or indecency; or shall keep or maintain, or procure, or suffer to be kept or maintained, in any house or place, any whore, common strumpet, or other lewd or abandoned woman or women for the practice or to the encouragement of adultery or fornication or other lewd or lascivious act or acts tending to debauch the morals of the city, shall, on conviction, in either or any such case, be fined not less than three nor more than one hundred dollars. Fornication defined. Bouv. Dictionary, title “Fornication. 308 Frequenting House of I Ilf ante, Etc . — Penalty — Sec. 23. Whoever, within the limits of the city, or within three miles of the outer boundaries thereof, shall frequent, live in, loiter about, or in any manner encour- age or contribute to the support of, or be maintained or supported by the earnings of, or shall permit or en- tice any minor to visit or frequent any ill-governed or disorderly house, bawdy house, house of illfame or assignation house, or whoever shall live, or be main- tained upon or by the earnings of any whore, common strumpet, or other lewd woman, shall, on conviction, be fined not less than ten nor more than two hundred dollars. 309 Prostitutes — Street Walkers — Penalty. Sec. 24. Whoever, being a female, within the limits of the city, shall procure, solicit or suffer the prostitution of her person with acts of fornication or other lewdness shall, on conviction, be fined not less than three nor more than one hundred dollars. And any female of lewd or abandoned character who shall be found loitering in or about any street, alley or other public place at late and unusual hours of the night time, unaccompanied by any other person, and under such circumstances as are wholly inconsistent with prudent and virtuous inten- CITY OF CARBONDALE tions, shall, on conviction, be fined not less than three nor more than one hundred dollars. Power to restrain and punish. R. S. Chapter 24, Article V, Section 1, Clause 74. 310 Indecent Exposure of Any Animal — Penalty. Sec. 25. Whoever, being the owner or keeper of any stallion, jackass, or bull above the age of two years, shall expose the same to public view, within the limits of the city, by hitching or leaving the same standing or remaining in any public place, or in any other manner shall instigate, cause or procure, or in any manner, assist in any indecent exhibition of any animal, or shall exhibit or perform any indecent, immoral or lewd play or show or representation of any kind, shall, on convic- tion, be fined not less than five nor more than one hun- dred dollars. 31 1 Cock Fighting, Etc. — Prohibited — Penalty. Sec. 26. Whoever, within the limits of the city, shall insti- gate, cause or procure any dog fight, prize fight, cock fight, or any public or private fighting, shall, on convic- tion, be fined not less than five nor more than fifty dollars. 312 Gaming — Penalty. Sec. 27. Whoever, within the limits of the city, shall play for money or other val- uable thing at any game with cards, dice, checks or with any other article, instrument or thing whatever which may be used for the purpose of playing or bet- ting upon, or winning or losing money or anything of value, or shall bet on any game others may be playing, shall, on conviction, be fined not less than ten nor more than one hundred dollars. Power to prevent. R. S. Chapter 24, Article V, Section 1, Clause 45. 313 Keeping Gaming House, Etc. — -Prohibited — Pen- alty. Sec. 28. Whoever, within the limits of the city, shall keep a common gaming house, or in any building, booth, yard or other place by him or his agent used or occupied, procure or permit any persons to frequent or 134 ORDINANCES OF THE come together to play for money or other valuable thing at any game, or shall keep or suffer to be kept any tables or other apparatus for the purpose of play- ing at any game or sport for money or any valuable thing, or shall keep or rent any such place for any such purpose, shall, on conviction, be fined not less than twenty-five nor more than two hundred dollars. Power to prevent, etc. R. S. Chapter 24, Article V, Section 1. Clause 45. 314 AdiLlterating Foods , Etc. — Penalty . Sec 29. Whoever, within the limits of the city, adulterates or renders unwholesome any bread or other substance in- tended for food, or any candy or confectionery, or any liquor used or intended for drink, or any milk, or who- ever knowingly sells, keeps or offers for sale any adul- terated or unwholesome food, candy, confectionery, liquor or milk, shall, on conviction, be fined not less than ten nor exceeding one hundred dollars. City has power to regulate, etc. R. S. Chapter 24, Article V, Section 1, Clauses 50, 51, 52, 53, 54, 55. Criminal code. R. S. Chapter 38, Division I, Sections 7, 8, et. seq. 315 Cheating' by False Weights and Measures — Pen- alty. Sec. 30. Whoever, within the limits of the city, cheats another by the use of false weights or measures in the sale and purchase of articles of food or merchan- dise, or whoever knowingly uses or keeps for use in the sale of articles of food or merchandise any false or incorrect weights or measures, or any improperly bal- anced scales or steelyards, with intent to cheat there- with in the sale or purchase of articles of food or merchandise, shall, on conviction, be fined not less than ten dollars nor more than one hundred dollars. Power to regulate, etc. R. S. Chapter 24, Article V, Section 1, Clauses 52, 53, 54, 55. 316 Amusement — Keeping Open on Sunday — Penalty. Sec. 31. Whoever, within the limits of the city, keeps, or knowingly procures or suffers to be kept, open on the CITY OF CARBONDALE 135 Sabbath day any ball room, dance house, billiard room, pin or ball alley, show or other similar exhibition, or any other place of amusement, shall, on conviction, be fined not less than three nor exceeding one hundred dollars. Power to regulate places of amusement. R. S. Chapter 24, Article V, Section 1, Clause 58. 317 Appearing in Strange Dress — Penalty. Sec. 32. Whoever, within the limits of the city, shall appear or go about clad in, or clothed or covered with, a dress or costume, or wearing apparel or habiliments not belong- ing to or worn by his or her sex, shall, on conviction, be fined not less than one dollar nor exceeding ten dol- lars: Provided , this section shall not apply to the cele- bration of Hallow’en, national holidays, or of general and public events. See note to section 33. 318 Indecent Exposure of Person — Penalty. Sec. 33. Whoever, in any street, alley or other place, within the limits of the city, shall make any obscene or indecent exposure of his or her person, or any part or portion thereof, shall, on conviction, be fined not less than five dollars nor exceeding two hundred dollars. See note to section 66. 3 iq Confidence Game — Cappers — Enticing Persons to Enter Gaming House — Penalty. Sec. 34. Whoever shall practice any confidence game within the city limits, or shall be guilty of decoying, enticing, or in any manner inducing another to engage in any game of chance with cards, dice, or by any other device by which money or other valuable thing may be won or lost, or shall act in the capacity of a “capper,” “booster” or confidence man, and by use of intoxicating liquors or through the aid of lewd women or otherwise entice or allure any person to enter any apartment, room or gaming house with intent to deprive or defraud such person of money or other valuable thing, shall, on conviction, be fined 136 ORDINANCES OF THE not less than ten dollars and not more than two hun- dred dollars. 320 Women Frequenting Wine Rooms or Saloons Prohibited. Sec. 35. It shall not be lawful for any owner of any saloon, or other place where vinous, spir- itous, malt or fermented liquors are sold or given away, to employ any female having the reputation of being lewd as waiters or as carriers of beer or any other thing, or to permit or suffer such female or females to frequent his or her place where any such liquors are sold or given away, nor shall it be lawful for any such person to have, permit, or suffer any dance, ball or other amusement in his premises where such liquors are sold or given away or place occupied by him or under his control, or permit or suffer any female having the reputation of being lewd to attend any such dance, ball or amusement; nor shall it be lawful for any female having the reputation of being lewd to frequent or enter any wine room or other place where intoxicating liquors are sold or given away. Whoever shall be guilty of any of the offences herein mentioned shall, on conviction, be fined not less than three dollars nor exceeding twenty-five dollars. 32 t Idling About Depots. Sec. 36. Any person who shall, within the limits of the city, idle, loaf or loiter in or around the depot of any railway, or upon the plat- form or grounds adjoining used in connection there- with, and any person who shall idle, loaf or loiter upon any fence upon said grounds in such a way as to im- pede or obstruct or annoy or be offensive to persons passing to and from said depot or waiting there, or shall jump upon or from any locomotive engine, car or train of cars while the same are in motion, shall be fined not less than three dollars nor more than fifty dollars. 322 Loitering of Females on Streets — Penalty. Sec. 37. Any person, being a female, who shall in any man- CITY OF CARBONDALE I 37 ner ply her vocation upon the streets, alleys, public places or parks of said city by loitering therein, or in any manner soliciting to acts of lewdness, or who shall be found loitering on the streets at any time, shall, on conviction, be fined not less than three dollars nor more than one hundred dollars for each offense. 323 Collecting Crowd on Sidewalk , Etc. — Refusing to Disperse — Penalty. Sec. 38. Whoever, by any outcry, harangue, loud talk or other loud or unusual noise, shall assemble, gather or collect together, or cause to assemble, gather or collect together, upon or in any sidewalk, crosswalk, crossing or pavement, or in front of any postoffice or other like public place, or in front of any private residence, within the limits of the city, any crowd, assembly or congregation of persons ex- ceeding five in number; and whoever, being one of or in or among any crowd, assembly or congregation of persons exceeding five in number, at, upon or in any such place, shall refuse, fail or neglect to disperse, leave or separate from any such crowd, assembly or congre- gation when ordered by any officer so to do, shall, on conviction, be fined not less than three nor more than one hundred dollars; and it is the duty of the day mar- shal, night marshal and ail police officers to see that this section is rigidly enforced; provided , that nothing herein, or any other section of this ordinance contained, is intended to apply to the case of any sale in pursu- ance of any law or the judgment of any court. Power of city, etc. R. S. Chapter 24, Article V, Section 1, Clauses 66, 72. 324 Dog , Whelp or Other Animal Not to Be Left Tied , Etc. — Penalty. Sec. 39. Whoever, within the limits of the city, shall keep any dog, whelp, calf or any other animal shut up or tied up in any yard, house, pen or other place, which by barking, howling or by other noises, shall disturb the peace and quiet of any family, individual or neighborhood, shall, on conviction, be fined not less than three nor more than fifty dollars. See note to section 43. ORDINANCES OF THE n8 ARTICLE III. MISCELLANEOUS OFFENSES. 325 Loafers , Beggars, Etc., Prohibited — Penalty. Sec. 40. Whoever, being able to labor and maintain himself or herself in some legitimate manner, shall be found within the limits of the city without any known or vis- ible means of sustaining himself or herself, going about begging, pilfering or using any juggling or any other unlawful games or plays, or who wilfully neglects all lawful employment, or who wilfully fails, neglects or re- fuses to provide for himself or herself, or habitually misspends his or her time frequenting houses or places of illfame, or houses or places where liquor is sold or drank, or who habitually indulges to excess in intoxi- cating liquors or, otherwise habitually leads an idle, dis- solute or immoral course of life, or who shall habitually sleep in the open air, sheds, box cars, stables or out- houses without being able to give a good account of himself or herself, shall be deemed a vagrant, and, on conviction, shall be fined not less than five nor more than two hundred dollars. Power to prohibit, etc. R. S. Chapter 24, Article V, Section 1, Clause 74. 326 Aiding Prisoner to Escape. Sec. 41. Whoever, within the limits of the city, shall abet, aid or encourage the rescue or escape from prison of any person legally committed thereto, or shall supply or attempt to supply any such person with any weapon or with any imple- ment or means of escape while in prison or in the custody of any officer of said city, shall, on conviction, be fined not less than ten nor more than two hundred dollars. Power of city council. R. S. Chapter 24, Article V, Section 1, Clause 69. CITY OF CARBONDALE 139 327 Bicycles , Etc., on Sidewalk Prohibited — Penalty. Sec. 42. Whoever, within the limits of the city, shall ride any bicycle, tricycle or other vehicle upon any side- walk shall, on conviction, be fined not less than three nor more than twenty-five dollars. To prevent encroachments on sidewalks, etc. R. S. Chapter 24, Article V, Section 1, Clause 10. 328 Tormenting Children — Penalty. Sec. 43. Who- ever, within the limits of the city, shall maliciously or wilfully tease, torment or worry any child under sixteen years of age by indecently exposing the person of such child, or in any other wanton manner, shall, on convic- tion, be fined not less than three nor more than fifty dollars. 329 Hitching on Sidewalk , Etc., Prohibited — Penalty. Sec. 44. Whoever, within the limits of the city, shall fasten or leave standing any horse or other animal on any paved or improved sidewalk, or shall leave stand- ing unfastened therein any horse or other animal, or team of horses or other animals in harness or attached to any wagon or other vehicle so that the same may be liable to run away, or cause, suffer or allow any of the same to pass through any street, alley or public place without a suitable driver, or ride or drive any of the same violently through or along any street, alley or public place, or stop any team at the regular crossing of streets so as to prevent free passage for foot passen- gers, or fasten any such anima*l aforesaid in such a way that the animal or vehicle, reins or lines attached to said animal shall obstruct the free use of the sidewalk, shall, on conviction, be fined not less than three nor more than fifty dollars. Power of city to regulate. R. S. Chapter 24, Article 5, Section 1, Clauses 10, 14, 21. 330 Hitching — What Prohibited — Penalty. Sec. 45. Whoever shall, within the limits of the city, fasten any horse or other animal to any fence, railing or tree or boxing around any tree without consent of the owner thereof, or to any shade or ornamental tree or the box- 140 ORDINANCES OF THE ing or railing around the same, which may be standing or growing upon any street of the city, or shall cut, in- jure, bend or climb upon any shade or ornamental tree or boxing around the same standing upon any street of the city, shall, on conviction, be fined not less than three nor more than fifty dollars. Power to regulate. R. S. Chapter 24, Article V, Section 1, Clause 9. See Baker vs. Town of Normal, 81—108. 331 Not to Obstruct Streets — Penalty. Sec. 46. No person shall, within the limits of the city, encumber or obstruct any street, alley or sidewalk or any part thereof, with building materials, wagons, buggies, im- plements, boxes or any article or thing whatever with- out first having obtained the written permission of the mayor; nor shall any person, except in case of urgent necessity, obstruct more than one-third of any street and no part of any sidewalk; provided , the above shall not apply to hitched wagons and teams and the use of the streets for travel, traffic, etc. Any person violating any of the provisions of this section shall, on convic- tion, be fined not less than five nor more than fifty dollars. Power to regulate. R. S. Chapter 24, Article V, Section 1, Clause 17. See Nelson vs. Godfrey, 12 111 ., 20. 332 Injury to Sidewjxlks and Crosszvalks. Sec. 47 Whoever shall, within the limits of the city, injure or tear up any pavement, side or crosswalk, or any part thereof, or dig any hole, ditch or drain in, or dig or re- move any sod, stone, earth, sand or gravel from, any street, alley or public ground of said city, without first having obtained the written permission of the mayor so to do, shall, on conviction, be fined not less than five nor more than fifty dollars. Power to prevent. R. S. Chapter 24, Article V, Section 1, Clause 15. See Seneca Falls vs. Zalniski, 15 N. Y., 571. City of Chicago vs. Hay, 75 111 ., 530. CITY OF CARBONDALE HI 333 Sale of Diseased Meats Prohibited — Penalty . Sec. 48. Whoever shall, within the limits of the city, know- ingly sell, or expose or offer for sale, any sick or dis- eased animal, poultry or fish, to be used or eaten as food, or the flesh of any diseased, sick or otherwise un- wholesome dead animal, poultry or fish, or the flesh of any animal, fowl or fish not used or deemed wholesome for food, or any other unsound or unwholesome or adulterated provisions or articles of food, or any per- nicious or adulterated milk, drink or liquors, shall, on conviction, be fined not less than five nor more than one hundred dollars. Power of city to regulate. R. S. Chapter 24, Article V, Section 1, Clause 50. 334 Defacing Posters , Etc., Proh ibited — Penalty . Sec. 49. Whoever shall, within the limits of the city, wil- fully and maliciously tear down, mutilate and deface, or render illegible, any notice, hand-bill or poster law- fully posted upon any street, alley or other place in said city, shall, on conviction, be fined not less than five nor more than fifty dollars. Power of city to regulate. R. S. Chapter 24, Article V, Section 1, Clause 17. 335 Encroaching on Sidewalk Prohibited — Penalty. Sec. 50. Whoever shall, within the limits of the city, make or cause to be made any structure, enclosure, fence, cellar door, stairway or building encroaching in whole or in part upon any street, alley or sidewalk naf said city, shall, on conviction, be fined not less than, five nor more than two hundred dollars. A municipal cor- poration has no power to authorize the owner of a.-lojt to erect a stairway extending into a public street or alley; such a structure is in itself a nuisance. i; , Pettis vs. Johnson, Supreme Court of Indiana. Reported f in Monthly Jurist, 1877, p. 368. ! V j J i y n : io To prevent encroachments. R. S. Chapter 24, Article Vj.'Sre^op 1 , Clause 10. ' no nx; J ORDINANCES OF THE 142 336 Turning Water From Hose on Person or Prem- ises — Penalty . Sec. 51. Whoever, within the limits of the city, shall wilfully turn any stream of water from any fire hose or hydrant upon.any other person, or the property or premises of any other person, shall, on con- viction, be fined not less than three dollars nor exceed- ing twenty-five dollars. 337 Posting Bills , Etc., Prohibited — Penalty. Sec. 52. Whoever shall paste, put up, paint, nail, stick or in any other manner fasten to any lamp, lamp post, tele- graph, telephone or electric light pole or mast or street guide post, or to any ornamental or shade tree, or to or against any city or other public building, within the limits of the city, or shall, without the consent of the owner or occupant, paste, put up, paint, nail, stick or in any manner fasten to or upon any private wall, door, gate, building, fence or other structure any hand bill, show bill, placard, notice, announcement or other ad- vertisement, shall, on conviction, be fined not less than one dollar nor more than twenty-five dollars. To prevent use of streets for, etc. R. S. Chapter 24, Article V, Section 1, Clauses 17, 18. 338 Malicious Mischief . Sec. 53. W hoever, within the limits of the city, shall wilfully and maliciously tear up, injure, deface or destroy any sidewalk, curbing street paving or crossing upon any street, alley or public ground; or any fire alarm, or sewer, drain or any other municipal improvement; or any building or bridge or any other property, real or personal, belonging to the city r or belonging to any private person within or with- out the city; or any property used in any 7 business im- pressed with a public interest and usually designated as a public service corporation, viz: water works, gas, elec- tric light, telegraph, telephone, street railway or steam heating companies; or who shall maliciously and wil- fully interfere or meddle in any 7 way with the operation of any such business or property as before enumerated, shall, in either case, be fined not less than five nor more than one hundred dollars. CITY OF CARBONDALE M3 339 Trespass — Penalty. Sec. 54. Whoever shall be found trespassing upon the premises of another within the limits of the city, or whoever shall trespass upon any private premises or public grounds and injure, de- stroy or carry away any flower, fruit, vegetable, plant, shrub, tree or other thing which may be there for orna- ment or otherwise shall be subject to a penalty of not less than three dollars and not exceeding one hundred dollars. 340 Sling Shots , Etc . Sec. 55. The use of sling shots or similar instruments or devices for the projec- tion or throwing of stones, bullets or any hard sub- stance is prohibited, and likewise it is prohibited for any person to have the same in possession, under a pen- alty in either case of not less than one dollar nor more than twenty dollars, and it is hereby made the duty of every police officer to take possession of and destroy every such sling shot or other instrument. 341 Possession of Burglar Tools— Penalty . Sec. 56. Whoever shall have in his possession any nippers of the description known as burglars’ nippers, or any pick- lock, skeleton key, key to be used with a bit or bits, jimmy or other burglars’ tool or instrument of whatever kind or description, unless it be shown that such posses- sion is innocent or for a lawful purpose, shall be fined not less than twenty-five dollars nor more than two hundred dollars. 342 Loitering of Boys About Churches — Penalty. Sec. 57. It shall be unlawful for boys to loiter or congregate upon the streets, sidewalks or alleys of this city in the vicinity of any church, school, theater, hotel, railroad depot, store, factory or other public place to the annoy- ance or disturbance of any person or persons. Any two or more boys who shall be loitering or strolling about the streets or alleys, or who shall congregate upon the streets, sidewalks or alleys of the city in the vicinity of any such church, school, theater, hotel, railroad depot, store, factory or other public place, and who shall re- 144 ORDINANCES OF THE fuse to disperse and go to their respective homes when requested to do so by any member of the police force or by an} 7 person annoyed thereby, shall, on conviction, be fined not less than one dollar nor more than ten dol- lars for each offense. 343 Lotteries — Penalty. Sec. 58. W hoever shall maintain or run or be in any way connected with any lottery, or in any other enterprise or business by what- ever name the same may be known, wherein any prop- erty is sold or disposed of by chance, or whoever shall sell or dispose of any lottery ticket or share or any chance, or any article or thing entitling or purporting to entitle the purchaser thereof to any chance, or who- ever shall sell or dispose of any package or article pur- porting to contain a prize, or where as an inducement it is held out that such article or package may contain a prize or may entitle the purchaser to some article or thing of value not directly contemplated and known in the purchase, shall, on conviction, be fined not less than five dollars nor more than one hundred dollars. 344 Vagrants — Penalty. Sec. 59. Any person who is a vagrant or vagabond, or whoever is guilty of vagrancy as defined by the statutes of this State, shall be fined not less than ten dollars nor more than one hundred dollars. 345 Burning Papers , Shavings, Etc. in Public Place — Penalty. Sec. 60. No person, unless it may be raining at the time, or the air be still, shall set fire to or burn any papers, shavings, straw or other combustible mate- rials in any open or public place within the city; nor shall any person, at any time, set fire to or burn any such combustible materials within thirty feet of any building or other property likely to be endangered or damaged thereby, under a penalty, in each case, of not less than three dollars nor more than twenty dollars. 346 Straw or Shavings Not to be Strewn Near Any Building —Penalty. Sec. 61. No person shall strew, CITY OF CARBONDALE 145 trail or leave any shavings, straw or other like com- bustible materials in, around or near any building or other property so as to endanger or be likely to en- danger or damage the same in case of hre, under a penalty of not less than one dollar nor more than five dollars for each offense. 347 Accessories — Penalty. Sec. 62. Whoever aids, abets, assists, advises or encourages the commission of any act prohibited by ordinance, or by any direct means procures any such offense to be committed, or whoever commits an offense through the intervention of an agent, servant, employe or person under his control, shall be deemed guilty to the same extent, and may be proceeded against in the same manner, as though said offense had been committed by him directly and with his own hand; and any such agent, servant or other person doing any prohibited act for and on behalf of another shall be deemed guilty of such act equally with his employer or principal, and be subject to the same penalty, except in such cases where a different or other penalty is provided by ordinance for such agent or employe. 348 Attempt — Penalty. Sec. 63. Whoever attempts to commit any offense prohibited by ordinance, and does any act toward it but fails, or is intercepted or prevented in its execution, where no express provision is made by ordinance for the punishment of such at- tempt, shall, on conviction of such attempt, be subject to the same penalty as by ordinance prescribed for the actual commission of the offense. 349 Assault With Deadly Weapon — Penalty. Sec. 64. Whoever, within the limits of the city, shall com- mit an assault with a deadly weapon shall, upon con- viction, be fined not less than twenty-five dollars nor to exceed two hundred dollars for each offense. Forbidden by statute. R. S. Chapter 38, Criminal Code, Sec- tion 25. 146 ORDINANCES OF THE Deadly weapons. Chapter 38, R. S., Criminal Code, Sections 54 a- 54 g. What is a deadly weapon. Greshia vs. People, 53 111 ., 299; Silgar vs. People, 107 111 ., 573; Hamilton vs. People, 113 111 ., 38; McNary vs. People, 32 111 . App., 62. A deadly weapon is a weapon likely to produce death or great bodily harm by the use made of it. McNary vs. People, 32 111 . App., 62. ARTICLE IV. PRACTICE. 350 Process — Summons— Warrant — Complaint. Sec. 65. The first process in all actions to recover any fine or penalty for a violation of any ordinance shall be a summons; provided , however , that a warrant for the arrest of any offender may issue in the first instance upon the affidavit of any person that any ordinance has been violated and that the person making the com- plaint has reasonable grounds to believe the party charged with such violation is guilty. Such complaint may be in the following form: STATE OE ILLINOIS,/ County of Jackson, - ss. City of Carbondale, \ being duly sworn, on oath states that section of chapter of the revised ordinances (or section of ordinance number , as the case may be,) of the city of Carbondale has been violated; that he has reasonable grounds to believe, and does believe, that did, on the day of A. D. 19 .... y at and within the limits of said city, in the county and State aforesaid, commit the said violation and was and is CITY OF CARBONDALE 147 guilty thereof in this: (Here state the offense and the manner of committing the same.) Wherefore, he prays that a warrant may issue for the arrest of the said Subscribed and sworn to before me, this of A. D. 19 ... . Police Magistrate. Provisions of statutes. Chapter 24. Article V, Sections 5, 7. An action to recover for violating ordinances is a civil action. Hoyer vs. Mascoutah, 59 111 ., 137; but defendant can not be compelled to testify against himself. Day vs. City of Clinton, 6 111 . App., 476. Several fines for violations may be recovered in one action if the whole sum does not exceed two hundred dollars. Hensoldt vs. Petersburg, 63 111 ., in. Imprisonment may properly follow the non-payment of the fine. Ex parte Bolling, 31 111 ., 88. Section 12 of Article II of the constitution of 1870, in relation to imprisonment for debt, has no reference to suits for torts or pen- alties. People vs. Cotton, 14 111 ., 414; 28 111 ., 343; 43 111 ., 213. 351 When Warrant to Issue — Duty of Marshal. Sec. 66. Upon the making and filing of such complaint with the police magistrate a warrant shall immediately issue directed to one of the city marshals, the sheriff or any constable of the county, commanding him to arrest the person charged and bring him, her or them, with- out unnecessary delay, before the police magistrate or some justice of the peace of the city for trial. And it is also made the duty of the city marshals, and every police officer, without warrant, to arrest any person whom he may find in the act of committing any crime or violating any ordinance, and in like manner take him or her before the police magistrate or some justice of the peace to be there tried. Arrests without warrant. R. S. Chapter 38, Sections 340-346. Kindred vs. Stitt, 51 111 ., 401 ; Shanley vs. Wells, 71 111 ., 78. 352 Trial — Time to Procure Evidence — Recognizance. Sec. 67. When such offender or offenders are brought 1 48 ORDINANCES OF THE before the police magistrate or justice of the peace, he shall, unless a jury be demanded as hereinafter pro- vided, proceed, without unreasonable delay, in a sum- mary manner, to hear the evidence in the cause and render judgment thereon; provided , the said magistrate or justice shall allow a reasonable time for procuring the attendance of witnesses, both for the city and for the defense, and during such time may, in his discre- tion, order the officer having the prisoner in charge, or other officer, to retain the defendant or defendants in custody, or he may take recognizance from such de- fendant or defendants in a sum and with security to the satisfaction of the magistrate or justice for his or her or their appearance for further proceedings in the case; provided , however , no such delay for procuring the at- tendance of witnesses shall exceed twenty-four hours unless the case be regularly continued as hereinafter provided. 353 Recognizance — Form Of. Sec. 68. The re- cognizance provided for in the preceding section shall be for the appearance of the defendant or defendants on the day and hour set for trial, and shall obligate the sureties or surety to pay whatever penalty in said recognizance is mentioned, and maybe in the following form: STATE OF ILLINOIS,/ County of Jackson, '> ss. City of Carbondale, \ Know All Men By These Presents: That we ... . all of said county, are held and firmly bound unto the city of Carbondale in the sum of dollars, to be levied of our respective goods and chattels, lands and tenements, if default be made in the premises and conditions following, to-wit: Whereas, the above bounden was on this day of , A. D. 19 .... , arrested and brought before one police magistrate in and for the said city, county and CITY OF CARBONDALE I4Q State aforesaid, for examination touching and concern- ing a charge preferred against him by one to-wit: A charge of and the said examination is continued by the said police magistrate until the day of ... A. D. 19 . . . . , at ... o’clock . . . m. The condition of the above obligation is such, that if the above bounden shall be and appear before the said police magistrate on the day and date last above mentioned, at the hour afore- said, to answer and be examined concerning the charge aforesaid, and not depart the said court without leave, and obey its orders, then this obligation to be void, otherwise to remain in full force and effect. (Seal.) (Seal.) (Seal.) Approved : Police Magistrate. 354 Default — Scire Facias — Trial. Sec. 69. If de- fault be made on the recognizance provided for in the preceding section, the magistrate shall record the fact on his docket, and shall proceed to the trial of the com- plaint on its merits as the law directs, and shall render judgment for or against the defendant or defendants, as the justice of the case requires, and shall then issue a scire facias against the parties to said recognizance to show cause why they should not be made parties de- fendant to said judgment, which scire facias shall be served and returned in like manner, and all proceedings thereon be the same as in like proceedings before jus- tices of the peace; provided , that no judgment shall be rendered on the recognizance for a larger amount than the total of the fine so imposed against the defendant or defendants and costs in the original complaint and the costs of the scire facias. ORDINANCES OP' THE 150 355 Continuance — Affidavit — Recognizance. Sec. 70. The magistrate or justice may, for good cause shown, continue any cause, not exceeding ten days at any one time, upon the application of any party, either for the city or the defense, but such application shall be sup- ported by affidavit setting forth the grounds thereof in like manner as is, or may be, required by law for con- tinuances of other causes before justices of the peace; and upon the granting of such continuance the magis- trate shall require the defendant or defendants to enter recognizance in a sum and with security to the satisfac- tion of the magistrate or justice for his, her or their ap- pearance at the time to which the cause is continued, and in default of such recognizance may order him. her or them to be retained in custody by the marshal. In case recognizance is taken and default be made on such recognizance, the like proceedings shall be had as in case of default on other recognizances. 356 Change of Venue. Sec. 71 . Changes of venue shall be allowed in city cases in the same manner as in other cases before justices of the peace. 357 J ur y Trial — Ve7'dict. Sec. 72. When any party charged with a violation of the ordinances of the city shall be brought before the police magistrate or any justice of the peace for trial, or at the time to which any cause may have been continued, if the parties be ready for trial and the defendant or defendants shall demand a jury and pay or tender the fees required by law there- for, the magistrate or justice shall immediately issue and deliver to one of the city marshals or other officer attending the necessary writ to summon jurors, which shall be by such officer executed without necessary de- lay, and when a jury shall have been selected the trial shall proceed before the magistrate or justice and jury in like manner as other jury trials before justices of the peace, and the jury shall render a verdict according to the evidence. If they find the defendant or defendants guilty they shall assess the fine or penalty; and if there be more than one defendant and the jury find one or CITY OF CARBONDALE 151 part of the defendants guilty and the remainder not guilty, they shall so return in their verdict, stating whom they find not guilty and whom guilty, with the fine or penalty assessed by them. The magistrate or justice shall forthwith record the verdict of the jury and render judgment thereon. 358 Judgment — Costs. Sec. 73. In all cases where the defendant or defendants are found not guilty on trial, either by the magistrate, justice, or a jury, he, she or they shall be immediately discharged, and in case there are more than one defendant and part be found not guilty, those shall be discharged. But if the de- fendants, or a part of them, where more than one are tried, be found guilty, then judgment shall be rendered against him or them so found guilty for the fine or penalty assessed and the costs of suit, which shall in- clude the same fees to and for the magistrate and mar- shals as are allowed by law to justices of the peace and constables in similar cases, and an attorney’s fee of three dollars. 359 What Persons Not Released. Sec. 74. No per- son arrested for the violation of any ordinance of this city shall be released at any time from the custody of said city or other lawful authority so long as the con- duct, language and personal appearance of such offender are calculated to lead a prudent and reason- able person to suspect that such person is an idiot or lunatic or so far under the sway of passion or influence of intoxicating liquors that the public peace or security of any person would be jeopardized by the release of such offender. Any officers violating the provisions of this section shall, on conviction, be fined not less than ten nor more than fifty dollars. 360 Persons Kept Over Sunday , Etc. — Recognizance. Sec. 75. Any person arrested for any offense under any ordinance of this city may be retained in custody in the city prison or other safe place during Sunday, a national holiday, and over night and for a reasonable 152 ORDINANCES OF THE time on all other occasions until such offender can be brought for trial before the police magistrate or proper justice; provided , that any such offender so arrested without warrant, except for cause stated in section 74 of this chapter, may, during any time so detained, re- lease his or her body from custody by entering into recognizance as provided for in sections 67 and 68 of this chapter, to appear within three days thereafter before the police magistrate or some certain justice of said city at a day and hour to be fixed, and with security to be approved by the officer making the arrest. A recognizance entered into on Sunday is valid. Johnson vs. The People, 31 111 ., 460. 361 When Defendant Is Corporation — Procedure. Sec. 76. Where the offender against any ordinance of the city is a corporation, and upon trial a verdict shall be rendered against such corporation, an ordinary judg- ment shall be entered and execution issued, and subse- quent proceedings of levy and sale be had as are provided for in the statutes of this State in civil cases before justices of the peace. 362 P'ines to Be Paid to City Treasurer. Sec. 77. All fines, when collected, shall be paid into the city’ treasury. 363 Vexatious Suits — Duty of City Attorney In. Sec. 78. The city attorney shall not be compelled to bring or prosecute any suit where he may be satisfied that the complaint is instituted vexatiously, maliciously or without probable cause, and that the interests of the public or of the city will not be advanced thereby, un- less the costs be advanced or a bond be given for the costs. 364 Mittimus — How Long Continued — Labor on Streets — Form of Mittimus. Sec. 79. If any fine and costs be not paid upon the rendition of judgment, the magistrate or justice rendering such judgment shall, CITY OF CARBONDALE 15 3 unless an appeal be prayed for and perfected, order the marshal to take the defendant or defendants into his custody and keep him, her or them ’confined in the city jail until such fine and costs be paid; provided , however , that imprisonment for any fine or penalty and costs shall not exceed, in any event, six months; and provided , further , that all male persons of sufficient physical ability shall be compelled to work on the streets, or on a rock pile to be provided by the city council, under the direction of the city street commissioner, in satisfaction of any fine and costs recovered against such persons at the rate of one dollar per day exclusive of board; and provided , further, also , that any person or persons against whom any fine and costs may be adjudged or recovered may replevy the same and avoid imprisonment or labor therefor by entering into recognizance before the mag- istrate or justice before whom such fine and costs are recovered in double the amount of such fine and costs, with security to the satisfaction of such magistrate or justice for the payment thereof within thirty days. The city mittimus may be in the following form: STATE OF ILLINOIS, j Jackson County, > ss. City of Carbondale, ) The people of the Staet of Illinois, to the city mar- shals and keeper of the city jail of the city of Carbon- dale, Illinois, or any constable of said city, or of said county, or any member of the police force of the city of Carbondale, Illinois, — Greeting: Whereas, on the day of A. D. iQ. . the city of Carbondale, Illinois, recovered before me a judgment for the sum of dollars penalty and dollars and cents as costs against one for the violation of section of chapter of the revised ordinances of said city, ordinance numbered of said city, by Now, this is to command you, in the name and by the authority of said people, to demand of said 154 ORDINANCES OF THE the immediate pay- ment, in lawful money, of said judgment for penalty and costs, and upon his failure or refusal to pay the same, on such demand, that you arrest and take the body of the said and him deliver, with this writ, to the keeper of the city jail of said city, and we command you, the said keeper, to receive the body of him, the said and him safely keep in the city jail, or other safe place of custody provided by the authority of said city, and that you credit him with the sum of dollar. . for each day actually worked by him under your direc- tion, until said judgment for penalty and costs be fully paid and a proportionate period of time thereafter for any part of said judgment for penalty and costs, less than dollar. .; but not for a period of time in excess of six months; unless such judgment for penalty and costs be sooner satisfied or the said be otherwise lawfully discharged; and, upon such discharge, you, the said keeper, are hereby directed to make due return to me of this writ, with your endorsement thereon, showing the period of im- prisonment and the manner of discharge. Given under my hand and seal this day of A. I). 19.. (Seal.) Police Magistrate of said City The above mittimus shall be endorsed on the back in the following form: MITTIMUS. City of Carbondale, vs. Executed the within writ by demanding of the within named defendant the payment of the said judgment, which he then and there paid, or refused to pay, where- upon I arrested the body of the said defendant and de- CITY OF CARBONDALE 55 livered him into the custody of the keeper of the city jail, as I am herein commanded, this day of 19. . ■ • Marshal. Defendant received into custody this day of A. D. 19.... Defendant was imprisoned under this writ days. Defendant worked under my direction upon the streets and other places in said city days. Defendant discharged from custody by order of the mayor on the day of 19. . Defendant discharged by paying balance of fine and costs, amounting to the sum of dollars, this day of 19. . Defendant discharged upon repaying balance of fine and costs. Defendant was discharged in the following manner: Street Commissioner. City Jailer. Labor on streets. R. S. Chapter 24, Sections 289, 290, page 338. 365 Disposition of Fine— City Not Pay Costs. Sec. 80. All fines shall be paid, when collected, into the city treasury; but the city shall not, in any case, or under any circumstances, be made liable for any part of the costs of any action for the recovery of a penalty for a violation of any ordinance, nor shall any of such costs ever be paid out of the city treasury. When costs may be paid by the city. R. S. Chapter 53, Section 40, proviso at end of section. Also R. S. Chapter 24, Article V, Section 6. 366 When Prosecutor to Pay Costs. Sec. 81. When- ever any defendant or defendants shall have been arrested upon complaint by any private person and shall be acquitted on the trial, if it shall appear to the •56 ORDINANCES OF THE court or magistrate before whom such trial shall take place that there was no reasonable ground for such proceeding, or that it was instituted vexatiously and maliciously, without probable cause, such court or jus- tice may render judgment against the person who made such complaint for the costs of such proceeding and issue execution thereon as in other cases. When complaint not sustained, etc. R. S. Chapter 38, Division V, Section 5. 367 Appeals. Sec. 82. Appeals shall be allowed in all cases from judgments of the police magistrate or any justice of the peace in city cases when the same are applied for in the manner prescribed by law. See Hoyer vs. Mascoutah, 59 111 ., 137. 368 Mayor Not to Remit Fine or Costs. Sec. 83. The mayor may, when in his discretion he shall deem it proper so to do, release or order the release from custody any person imprisoned for a failure to pay any fine and costs, or either, but such release shall not operate as a satisfaction or discharge of the judgment for such fine and costs, or either, and the mayor has no power or authority to remit any fine or costs imposed for a violation of any city ordinance. Power of mayor. R. S. Chapter 24, Article II, Section 9. 369 Process Other Than by Ordinance — Fees , Etc. Sec. 84. Like process may issue and legal proceedings be had to enforce the ordinances of said city of Car- bondale in addition to the remedies in said ordinance prescribed, and like practice rules of evidence and pleading be observed, as now or may hereafter obtain in civil cases before justices of the peace; and the city marshals, city attorney and police magistrate rendering services to said city by virtue of any ordinance of said city or law of said State of Illinois shall, unless other- wise directed by ordinance, charge and be allowed the same fees as are allowed by the statutes of said State for similar services. CITY OF CARBONDALE 57 CHAPTER XXIV. RAILROADS. 370 Rate of Speed Allowed — Obstructing Streets — - Limit. Section i. It shall be unlawful for any railroad company or conductor or engineer, agent or other employe of any railroad company, or other person managing or controlling any locomotive engine, car or train upon any railroad track, to drive, run or propel, within the limits of this city, any passenger train or car at a greater rate of speed than ten miles per hour, nor any freight train or car at a greater rate of speed than six miles per hour; nor in any manner to obstruct the travel or passage along any sidewalk, street or alley of said city by placing or leaving upon, along or across such sidewalk, street or alley any truck, locomotive, car or train of cars, or material or thing whatsoever, for a longer period than five minutes at any one time, and immediately thereafter for the full period of five minutes such sidewalk, street or alley shall not be again obstructed in the manner aforesaid, under penalty of not less than five nor more than twenty-five dollars for each and every offense. Power to regulate. R. S. Chapter 24, Article V, Section 1, Clause 21. See Illinois Central R. R. vs. City of Galena, 40 111 ., 345. 371 Crossings — How Maintained , Etc. Sec. 2 That any railroad company which may now or hereafter operate any railroad within or through the limits of this city shall construct and maintain safe, commodious ORDINANCES OF THE •58 and convenient crossings across the track of said rail- road where the same intersects any street, alley, lane or avenue of said city, the full width of such street, alley, lane or avenue, and shall make and maintain sufficient conduits and gutters to carry off all water under or along such railroad track. Power to regulate. R. S. Chapter 24, Article V, Section 1, Clauses 26, 27. 372 Street Commissioner to Notify Agent — Forfeit- ure, Etc. Sec. 3 The street commissioner shall, from time to time, notify in writing the station agent of any railroad company aforesaid within what time and in what manner the city will require the construction or repair of the crossings, conduits and gutters aforesaid, and upon failure of such railroad company to construct or repair such crossings, gutters and conduits aforesaid, pursuant to the notice aforesaid, such railroad company shall forfeit to said city one hundred dollars; and upon persistent refusal of such company to comply with the notice aforesaid for a periodof thirty days after judg- ment, for the first and each successive forfeiture the said railroad company shall forfeit to said city a like sum of one hundred dollars. 373 Ringing Bell and Blowing Whistle. Sec. 4 Any person having the management of any railroad locomotive who shall run or drive the same within the corporate limits of the city without constantly ringing the bell of such locomotive, or who shall start such locomotive without hrst sounding the whistle or ring- ing the bellof such locomotive, or who shall blow off steam or unnecessarily blow the whistle of such loco- motive when such locomotive is not in motion, at a place and in a manner calculated to frighten teams passing along the streets and alleys of the city, shall, on conviction, be fined not less than five nor more than one hundred dollars. Power to regulate. R. S. Chapter 24, Article V, Section 1, Clause 27. CITY OF CARBONDALE I 59 374 Must Keep Lights — How a?icl When. Sec. 5. Every locomotive engine, railroad car or train of train of cars running in the night time on any railroad in this city shall have and keep, while so running, a bril- liant and conspicuous light on the forward end, and while backing a brilliant and conspicuous light on the rear end, of such locomotive engine, car or train of cars. Any railroad company, their agents or employes, failing to observe the provisions of this section shall be liable, jointly and severally, on conviction, to a fine of not less than ten nor more than two hundred dollars. CHAPTER XXV. REPORTS OF OFFICERS. 375 What Officers to Make — When. Section i. The mayor, city clerk, city treasurer, city attorney, police magistrate, city marshal, night marshal and the street commissioner and sexton shall, unless otherwise by law or ordinance provided, make a report in writing to the city council at each and every regular meeting thereof of the condition of and all matters and things relating to their respective offices. City council may prescribe duties. R. S. Chapter 24, Article VI, Section 3. 376 Mayor s Report — What It Shall Show. Sec. 2. The report of the mayor shall show what, if any, officers have been removed from office by him with the reason therefor; what, if any, orders for license have been 6o ORDINANCES OF THE issued by him, to whom, and the bond taken in case a bond is required; what, if any, licenses have been re- voked by him with the reasons therefor; and what, if any, persons have been released from imprisonment for fines with the reasons therefor; together with such other matters in relation to his office as he may deem proper for the information of the city council or as the council may require. Duties and powers of mayor. R. S. Chapter 24, Article II, Sections 1-15. 377 Clerks Report — What It Shall Shozu. Sec. 3. The clerk's report shall show what, if any, licenses have been by him issued, to whom and what for; what, if any, commissions to officers have been by him issued, to whom and for what offices; what, if any, resignations of officers have been filed in his office with date of filing and when the same shall take effect; what, if any, war- rants or orders upon the city treasury have been issued by him, the number thereof, to whom, for what, and on what fund drawn, together with such other matters in relation to his office as he may deem necessary and proper or as the city council may require. 378 Treasurer s Report — What It Shall Show. Sec. 4. The report of the city treasurer shall show the amount of money paid into the city treasury, by whom and on what account each payment was made, accom- panied by the duplicate of the receipt given by him to the person making such payment; the amount, if any, of money paid out by him as treasurer, showing the amount of and person to whom each and every payment was made, with the number of the warrant or order on which paid and the fund out of which paid; the total number of warrants or orders upon the city treasury paid or redeemed and cancelled and reported to the city clerk with the particular number of each and every such warrant or order; the amount of money in his hands as treasurer, to what funds belonging and the amount of each fund, together with such other matters CITY OF CARBONDALE 1 6 1 in relation to his office as he may deem necessary or proper or as the city council may require. Treasurer’s duties, etc. R. S. Chapter 24, Article VII, Sections 8, 10. Treasurer’s report of funds on hand at end of one term and be- ginning of another is binding on sureties for second term. Gage vs. Chicago, 2 111 . App., 332. 379 Annual Report of Treasurer. Sec. 5. In addi- tion to the monthly report of the treasurer above men- tioned the city treasurer shall, for the information of the council and all other city officials, annually make and file a report covering in detail the transactions of his department, and also properly summarizing the same for the fiscal year. 380 Attorney s Report — What It Shall Show. Sec. 5. The city attorney shall report what, if any, cases for violations of the city ordinances have been by him prosecuted, before what magistrate or in what courts and against whom; in what cases convictions have been had with the amount of the fine and costs; in what cases appeals have been taken; in what cases he has appeared where the city was defendant, in what courts; what, if any, judgment has been rendered and whether or not in his opinion an appeal is advisable, together with such other matters in relation to his office as he may deem necessary or proper or as the council may require. 38 1 Police Magistrate s Report — W hat It Shall Show. Sec. 6. The police magistrate’s report shall show what, if any, cases for violation of the city ordinances have been brought before him, against whom and for what; who have been discharged; who have been fined, with the amount; what fines have been paid, with the amount; who have been committed to prison. He shall also show what, if any, cases have been brought before him against the city with the result thereof, together with such other matters in relation to his office as he i 62 ORDINANCES OF THE may deem necessary or proper or as the council may require. 382 Day and Night Marshals Reports — What They Shall Show. Sec. 7. The day and night marshals’ re- ports shall show what, if any, persons have been ar- rested by them, before whom tried, if tried; who have been fined, with the amount; from whom fines have been collected, with the amount; who have been im- prisoned, for what and how long; who, if any, have been delivered into the custody of the street commis- sioner to work out fines; what, if any, animals have been by them restrained; what, if any, have been re- claimed; what sold, with the amount thereof and the person to whom sold; the night marshal shall report on arc lights, giving in full the number burning, for how long burning, and the number failing to burn and for how long, and such further information in this respect as the city council may from time to time require of him; the amount, if any, of dog tax collected by them; what nuisances have been abated by them with the costs thereof, together with such other matters in re- lation to their office as they may deem necessary or proper or the council may require. 383 Report of Street Commissioner — What It Shall Show. Sec. 8. The report of the street commissioner shall show who have worked upon the streets in satis- faction of fines and costs; what improvements or re- pairs of streets, sidewalks or crosswalks have been made by him or under his direction; who have been by him notified to work out their street labor;’ who have worked and how much; who have commuted, with the amount of commutation money paid by each, together with such other matters in relation to his office as he mav deem necessary or the city council may require. 384 Annual Report of Street Commissioner. Sec, 9. The street commissioner shall also report to the city clerk on the first Monday in May in each and every CITY OF CARBONDALE 63 year, and at such other times as may by law or ordin- ance be required, a full, true and correct account of all his acts and doings, stating the total amount of money received by him, on what account and from whom received; the total amount of all liability or ex- penditures incurred by him in the hire of teams, work- men and laborers, and the purchase and procuring of material, with a statement of each separate item; the total number of accounts by him certified to be correct, with the amount of each account, what for and in whose favor; the amount, if any, of money remaining in his hands. He shall furnish with such report a statement of the condition of all streets and alleys of the city and the requirements thereof, a list of all persons liable for street labor in the city, and shall show who have worked out their street labor, who have commuted, with the amount of commutation money paid by each, who have been fined, the amount of the fine, and whether or not the fine has been collected or worked out; and, at the request of the committee on streets of the council, confer with them touching the estimates of appropriations for street purposes. Such report shall be verified by his affidavit. 385 What Reports Made Under Oath. Sec. 10. The monthly reports herein required of the city treasurer, the city marshals and the street commissioner shall be rendered under oath; and the city council may, by ordi- nance or resolution, require all other reports of city officers to be likewise rendered under oath. 164 ORDINANCES OF THE CHAPTER XXVI. SCALES, LUMBER YARDS AND LIVERY STABLES. 386 Must Have License to Keep. Section i. It shall be unlawful for any person or persons, firm, com- pany or corporation to keep or maintain within the cor- porate limits of this city any public scale, lumber yard or livery stable without first obtaining a license so to do. Power to license. R. S. Chapter 24, Article V, Section 1, Clause 91. 387 Tax — Amount — Classification. Sec. 2. For license to keep or maintain a public scale, lumber yard or livery stable, as mentioned in section 1 of this chap- ter, there shall be taxed and collected the following sums: First. For public scale, the sum of three dollars per annum. Second. For lumber yard, the sum of ten dollars per annum. Third. For livery stable, the sum of fifteen dollars per annum. Said amounts to be paid in advance: Provided , license to keep a livery stable shall not be deemed a license to run a team of any kind for any purpose what- ever for hire other than for the carrying of persons or passengers and their baggage. CITY OF CARBONDALE 165 388 Penally . Sec. 3. Any person or persons, firm, company or corporation violating or refusing to comply with the provisions of this chapter shall, on conviction, be fined not less than three nor more than fifty dollars for each offense, and a further penalty of three dollars for each day or part of a day they shall continue to do business without a license. CHAPTER XXVI I. STREETS, STREET LABOR AND SIDEWALKS. Article 1. What Are Public Article III. Street Labor. Highways. Article IV. Sidewalks. Article II. Streets. ARTICLE I. WHAT ARE PUBLIC HIGHWAYS. 389 Public Highways — What Are. Section 1. All streets and alleys heretofore dedicated as such by the original plat of the city, or by any addition thereto the plat whereof has been accepted and approved by the city council, as heretofore made a matter of record as provided by law, and all streets and alleys heretofore or which hereafter shall be opened, laid out or estab- lished by ordinance, order or resolution of the city council in manner provided by law, and all streets and alleys lawfully extended through any lands adjacent to the city over which the city may have jurisdiction, 1 66 ORDINANCES OF THE and such as have been laid out, opened, extended or established by ordinance, order or resolution of the city council and the title thereto acquired by the city for street purposes, are hereby declared to be public highways; and all such ordinances, orders and resolu- tions are hereby continued in force. Street can not be opened without ordinance; when. People vs. Hyde Park, 117 111 ., 462. Dedication of streets by filing acknowledged plat. R. S. Chap- ter 109, Sections 1-3. View vs. LaBahn, 120 111 ., 92 ; La Salle vs. M. & H. Zinc Co., 16 111. App., 69. Improvement of streets. Murphy vs. Peoria, 119 111 ., 509. ARTICLE II. STREETS. 3QO Changing Names of and Naming Streets . Sec. 2. The several streets, avenues and places of the city of Carbondale shall hereafter be known and desig- nated by the numbers and names applied thereto, re- spectively, on the plats now on file in the recorder’s office of Jackson county, Illinois, subject to the follow- ing changes, corrections and additions, to-wit: First. South Missouri street shall hereafter be known and designated as South Normal avenue. Second. North Missouri street shall hereafter be known and designated as North Normal avenue. Third. That part of the street lying west of Springer street, which is the extension of Pecan street, now called Logan street, shall hereafter be known and designated as Pecan street. CITY OF CARBONDALE 167 Fourth. The street lying between Elizabeth and Lake streets and connecting Chatauqua and Mill streets north and south shall hereafter be known and designated as Locust street. Fifth. That part of Sycamore street lying west of the Illinois Central railroad shall hereafter be known and designated as West Sycamore street. Sixth. That part of Sycamore street lying east of the Illinois Central railroad shall hereafter be known and designated as East Sycamore street. Seventh. That part of Freeman street lying west of the Illinois Central railroad shall hereafter be known and designated as West Freeman street. Eighth. That part of Freeman street lying east of the Illinois Central railroad shall hereafter be known and designated as East Freeman street. Ninth. The street lying between Brush and Wall streets and connecting Green and Chestnut streets north and south shall hereafter be known and desig- nated as Dudley Alley. Tenth. That street running north from West Syca- more street one block west of North Normal avenue shall hereafter be known and designated as Michaels street. Street Guide Boards to be Maintained — Where. Sec. 3. There shall be set up and maintained, at the north- east and southwest corners of every street crossing within the city, a good, substantial guide post of du- rable wood or iron, which shall extend not less than seven feet above the street grade, each of which posts shall have attached thereto two guide boards not less than five inches in width and fifteen inches in length, one of which shall point in the direction of the street running north and south and the other in the direction of the street running east and west, and each of said ORDINANCES OF THE 1 68 boards shall have neatly painted thereon, in plain, white letters not less than three inches high, on a ground of black, the name of the street in the direc- tion of which it points \ provided, that where practicable the said guide boards may, with the consent of the owner, be attached to any building on the proper cor- ner. Power to regulate. R. S. Chapter 24. Article V, Section 1, Clause 22. 392 Houses to be Numbered — Size of Figures. Sec. 4. Every dwelling or other house, shop, store and other building, standing or fronting upon or toward any street within the city, shall be numbered by the owner thereof with such number as shall be by the mayor and city clerk assigned thereto, in accordance with the system of numbering hereinafter provided, with figures not less than two inches in height, neatly painted upon the same or upon a metallic tag thereto attached, and in such place as to be readily seen and distinguished; provided , that where any business or other building may have two or more doors or entrances a number may be given to or placed upon each door or entrance, and where any building may be two or more stories high a number shall be given to each stairway leading from the ground to the upper stories. See note to section 3. 393 System ot Numbering — Where to Begin. Sec. 5. The intersection of Main street and the Illinois Central railroad is hereby designated as, and shall be and re- main, the initial or beginning point of house numbering as herein provided. All houses and other buildings fronting on streets running north of Main street shall be numbered northward, and all houses and other buildings fronting on streets running south of Main street shall be numbered southward, in consecutive order, beginning with number one, the odd numbers to be placed on the east side and the even numbers to be placed on the west side of the street. All houses and CITY OF CARBONDALE 169 other buildings fronting on the streets running west of the Illinois Central railroad shall be numbered west- ward, beginning with the line of the railroad, and all houses and other buildings fronting on the streets run- ning east of the Illinois Central railroad shall be num- bered eastward, beginning with the line of the railroad, the odd numbers to be placed on the south side of the street and the even numbers to be placed on the north side of the street. 394 Hozv Many Numbers Per Block— Proviso. Sec. 6. Not exceeding fifty numbers on each side of the street shall be allotted to each block, so that every street crossing shall mark one hundred numbers from the place of beginning; provided , that where, in addition to the city, or any subdivision of territory within its limits subsequent to the original plat, the streets and blocks do not correspond with the streets and blocks of said original plat, the numbering shall, as near as prac- ticable, be made as though the streets of said original plat extended to the city limits; and provided, further, that the mayor and city clerk, in assigning numbers in the residence portions of the city or where there are vacant lots, shall allow one number for about fifty feet of vacant ground. ARTICLE III. STREET LABOR. 395 Street Lab 07 ■ — Who Liable — Exemption — Num- ber of Days. Sec. 7. The city of Carbonclale shall con- stitute one road district, and for the purpose of keeping the roads, streets and alleys therein in repair, every able-bodied male inhabitant of this city, being above the age of twenty-one years and under the age of fifty (except paupers, idiots, lunatics and such persons as I/O ORDINANCES OF THE are by law or the ordinances of the city excepted,) shall be required to labor on the streets of the city two days in each and every year; provided , any person desiring so to do may commute for the labor required and dis- charge the same by the payment of money at the rate of seventy-five cents per day. 396. Notice to Work — How Given . Sec. 8. The street commissioner shall give at least three days’ notice to all persons required to work on the streets, of the time and place, when and where they shall appear and the tools to bring; said notices must be in writing and a copy thereof delivered personally to br left at the place of residence of the person for whom it is intended with some person above the age of twelve years. 397 Commutation — When to be Paid . Sec. 9. If the person so notified desires to commute for his labor he shall, within three days from receiving such notice, pay to the street commissioner the amount of money neces- sary to discharge such tax, and the street commissioner shall receipt him therefor. 398 Duty of Street Commissioner. Sec. 10. The street commissioner shall attend at the time and place appointed and superintend and direct all persons who may appear for work and see that every person works diligently and faithfully for at least eight hours in each day. 399 Full Number of Days, Etc . — Penalty. Sec. ii. Every person so notified who shall not have elected to commute for his labor and has paid the full amount of such commutation shall, by himself or substitute equally able as himself, work the full number of days required, and any person who shall fail, neglect or refuse to work or commute and pay the full amount of such commuta- tion shall, on conviction, be fined double the amount of his street tax. CITY OF CARBONDALE 171 400 Idlers — Penalty. Sec. 12. If any person after appearing remain idle, refuse to work or hinder others from working, he shall, on conviction, be fined three dollars for each and every offense. 401 Suit — Disposition of Penalty . Sec. 13. All pen- alties recovered under the provisions of this chapter shall be paid into the city treasury; the street commis- sioner shall likewise pay into the city treasury all moneys collected by him in commutation of street labor, and all such money, together with all fines and penalties recovered under the provisions of this chapter, shall be used, under the direction of the city council, upon the streets of the city. 402 Teams — Hozv Procured. Sec. 14. The street commissioner may employ all necessary teams when needed, the expense thereof to be paid out of money in the city treasury belonging to the street fund. 403 When Work to be Done. Sec. 15. The street commissioner shall endeavor to have one-half of the whole amount of street tax worked out by the 1st of August in each year, and the remaining one-half shall be worked out by him by the 1st of November. ARTICLE IV. SIDEWALKS. 404 Ordinance Must be Passed. Sec. 16. Whenever any sidewalk is to be built or renewed, the city council shall pass an ordinance providing for the building of the same; which ordinance shall specify definitely the kind, character, locality and description of said sidewalk. 172 ORDINANCES OF THE CHAPTER XXVIII. TAXES. 405 Appropriations — Amounts Specified. Section i. The city council shall, within the hrst quarter of each fiscal year, by ordinance, pass an annual appropriation bill, in and by which such sums of money shall be ap- propriated as shall be deemed necessary to defray all necessary expenses and liabilities of the city for the current fiscal year; such ordinance shall specify the amounts and purposes for which such appropriations are made and the amount appropriated for each object or purpose. 406 Levy — When and How Made. Sec. 2. The city council shall, on or before the second Tuesday of Au- gust in each year, ascertain the total amount of appro- priations for all corporate purposes legally made, as provided for in section 1 of this chapter, and shall, by ordinance, levy and assess such amount so ascertained upon the real and personal property within said city subject to taxation as the same is assessed for State and county purposes for the current year. R. S. Chaprer 24, Article VIII, Section 1. 407 Copy Filed with County Clerk — Extension. Sec. 3. A certified copy of said ordinance imposing city tax as aforesaid shall be immediately filed with the county clerk of Jackson county, Illinois, whose duty it shall be to ascertain the rate per cent, which, upon the total valuation of all property subject to taxation within said CITY OF CARBONDALE I 73 city as the same is assessed and equalized for State and county purposes, will produce a net amount not less than the amount so directed to be levied and assessed, and the said clerk shall extend such tax in a separate column upon the book or books of the collector of the State and county taxes within said city. 408 Taxes — How Collected. Sec. 4. The taxes so assessed shall be collected and enforced in the same manner and by the same officers as State and county taxes, and shall be paid over by the officers collecting the same to the city treasurer of said city. 409 Collector to Settle with Treasurer — When. Sec. 5. It shall be the duty of the officer collecting such tax to settle with and pay to said treasurer as often as once in two weeks from the time he shall commence the collection of all such taxes as he shall then have collected until the whole tax collected shall be paid over. 410 Appropriations — Treasurer to Set Apart. Sec. 6. Whenever the said city is required to levy a tax for the payment of any particular debt, appropriation or liability of the same, the tax for such purpose shall be included in the total amount assessed by the city coun- cil and certified to the county clerk as aforesaid, but the city council shall determine, in the ordinance mak- ing such assessment, what proportion of such total amount shall be applicable to the payment of such par- ticular debt, appropriation or liability, and the city treasurer shall set apart such proportion of the tax col- lected and paid to him for the payment of such partic- ular debt, appropriation or liability, and shall not dis- burse the same for any other purpose until such debt, appropriation or liability shall have been discharged, 41 1 1'axes Uniform — Exemptions. Sec. 7. All taxes levied or assessed by said city, except special as- sessments for local improvements, shall be uniform upon all taxable property and persons within the limits 1 74 ORDINANCES OF THE of said city, and no property shall be exempt from tax- ation other than such property as may be exempt from taxation under the constitution and laws of the State. 412 Separate Account — Credits Given. Sec. 8. The city treasurer shall keep a separate account of each of the aforesaid items of liability as fixed annually by the city council, and shall credit each its proportionate amount of the aggregate amount raised by general tax- ation. CHAPTER XXIX. M ISC E L LAN EOUS O R DI NANCES. 413 Idiots and Lunatics to be Provided For . Section 1. If any lunatic shall be found in the city of Carbon- dale unprotected by guardian, relative or friend, the mayor shall temporarily provide for his or her care and support at the expense of the corporation; but if such person shall not belong to the city, nor be chargeable thereto, the mayor shall immediately notify the proper person or officer of the county chargeable therewith that such idiot or lunatic is unprovided for and to take charge of and provide for the same. 414 Officer — Duty of. Sec. 2. When any lunatic, found at large or unprotected, as aforesaid, shall be so insane or disorderly in mind as to endanger the per- sons or property of others, or his own person or prop- erty, it shall be the duty of the city marshal, or any CITY OF CARBONDALE 175 police officer to forthwith take and confine such lunatic in the city jail or other suitable place until proper pro- vision can be made for him according to law, and such officer shall also promptly notify the proper county officer, court or person thereof, and all necessary ex- penses incurred thereby shall be collected of the person legally liable therefor. 415 Minors Loitering on Streets Forbidden — Penalty. Sec. 3. No minor under the age of sixteen years shall, after the hour of 9:00 o’clock p. m., from April 1st to November 1st, nor after the hour of 8:00 o’clock p. m., from November 1st to April 1st, next following, loiter, wander or stroll about in the night on any of the public streets, avenues, alleys, lanes, commons or in any of the parks in said city, or upon any depot grounds or build- ing or other public place, unless upon some, lawful errand and sent by the direction and with the knowl- edge and consent of the parent, guardian or other person having the legal custody and control of such child, under a penalty of not less than one dollar nor more than twenty-five dollars. 416 Dairies Prohibited — Penalty. Sec. 4. It shall be unlawful for any person, persons, firm, company or corporation, within the limits of the city, to establish and maintain or cause to be established and maintained, any dairy or other place where cows are kept, fed or milked, and the milk, pr any part of it, is sold or ped- dled out in the city or elsewhere; provided , this section shall not apply to any person or family keeping not to exceed two cows for family use; and provided , further , that the person or persons keeping such cow or cows for family use shall see that the barn or cow pen or both where said cow or cows are kept are properly cleansed and free from offensive odors at any and all times, the same to be subject to the ordinances on nuisances, health, etc., and provided , further , that the provisions of this section shall not prevent the city council from granting permission, by a two-thirds vote, for the establishment of a dairy or dairies within the 176 ORDINANCES OF THE limits of the city, on petition signed by all the residents in the vicinity of said dairy or proposed dairy. Who- ever shall offend against any of the provisions of this section shall, on conviction, be fined not less than five dollars nor more than one hundred dollars. 417 Fences , Etc . — Height . Sec. 5. No person shall hereafter, within the city of Carbondale, erect, construct or maintain any wood or other partition fence, or any section or portion thereof, which shall exceed five feet in height above the surface of the ground for the first thirty feet back from the front line of the lots or lot, nor exceeding eight feet in height for the remainder of the distance to the rear end of the lot, except where such partition fence shall form a necessary Dart of some outbuilding on the premises, under a penalty of not less than three dollars nor more than twenty-five dollars for each offense, and a further penalty of two dollars for every day that such person shall permit such un- lawful fence to remain after notice given to lower or remove the same by the mayor or the city marshal. 418 Railings Not to Have Barbed Wire , Etc. — Pen- alty. Sec. 6. No fence railing or guard of any kind, within the limits of the city, shall have placed or kept thereon any barbed wire, spike or other sharp pointed metallic instrument, under a penalty to the person offending of not less than five dollars nor more than twenty-five dollars for each offense, and a further pen- alty of two dollars for every day that such person shall fail to remove such barbed wire, spike or other pointed instrument after notice to do so by the street commis- sioner or city marshal. 41 9 Barbed Wire Fences Prohibited— Penalty . Sec. 7. No fence consisting or made, either in whole or in part, of any kind of barbed wire shall be built, main- tained or kept upon or along the line of any street, avenue, alley or public walk, or in any public ground, within the said city, and every such fence is hereby de- clared a nuisance. Any property owner or other person CITY OF CARBONDALE 77 who shall build, or cause to be built, or shall maintain, any such barbed wire fence shall be subject to a pen- alty of not less than five dollars for every day that he shall permit such fence to stand or remain after notice to take down or remove the same by the street com- missioner or city marshal. 420 Vehicles — Keep to the Right. Sec. 8. All vehi- cles of every description traveling on any bridge, street, alley, highway or public ground, or public way whatso- ever, and all horsemen, shall observe what is commonly called the “law of the road,” viz: Keep to the right- hand side in passing and turning. And any person failing to observe said rules, and thereby occasioning any collision or accident with any other vehicle, animal or person, shall be fined not less than three dollars nor more than one hundred dollars. 421 Speed of Animals and Vehicles. Sec. 9. Within the limits of Oak street on the north, Marion street on the east, Walnut street on the south and Poplar street on the west, the speed of all horses or other animals, ridden or driven, with or without a vehicle, and of all bicycles, automobiles or other vehicles used for trans- portation, is hereby limited to the rate of six (6) miles per hour, and at all other places within the limits of the city is limited to ten (10) miles per hour. Provided \ al- ways, however , that in turning corners the speed is in all cases limited to four (4) miles per hour. And it is es- pecially provided that all drivers of vehicles of any and all descriptions shall, at all times when driving on the public ways of this city, use all possible care to avoid the frightening of horses and teams or to prevent damage to property or persons. A violation of any of the terms of this section shall subject the offender to a fine of not less than three dollars nor more than two hundred dollars. 422 Lights , Horns , Etc. — Penalty. Sec. 10. P'or the protection of travelers, vehicles shall be equipped as follows: Every bicycle, automobile or similar vehicle 178 ORDINANCES OF THE shall have a bell or gong or horn which shall be sounded in case of danger, or when necessary to give warning; and especially shall it be the duty of the owner, operator, or person operating said vehicle to give warning at all crossings, etc.; and in the night time such vehicles shall also each be equipped with at least one bright, clear light, which shall be kept burning, under a penalty in either case of not less than three dollars nor more than one hundred dollars. 423 Banana Peelings, Etc. Sec.ii. Whoever shall throw, cast, lay or place on any sidewalk the rind or peel of any orange, banana or other fruit shall be fined not less than one dollar nor more than ten dollars. 424 Painting on Sidezvalks Prohibited — Penalty. Sec. 12. It shall be unlawful for any person to paint any sign or advertisement or to daub or otherwise put paint upon any sidewalk or pavement under a penalty of not less than three dollars nor more than fifty dollars. 425 Gates Not to Swing Over Sidezvalks. Sec. 13. All gates opening upon any public street shall be so constructed as not to swing out upon or over any side- walk, unless such gate is so hung as to be self shutting. A failure to observe this requirement shall subject the offender to a fine of. not exceeding ten dollars. STATE OF ILLINOIS,/ County of Jackson, > ss. City of Carbondale, ) I, F. M. Caldwell, city clerk of the city of Carbon- dale, Illinois, do hereby certify that, as such city clerk I am the clerk of the city council of said city and cus- todian and keeper of the journal of the proceedings of said council, and of the original ordinances enacted by CITY OF CARBONDALE I7Q said council, and also of the ordinance record in which the ordinances of said city are recorded or enrolled, and do hereby further certify that the foregoing ordin- ance published in this book entitled, “An Ordinance In Revision and Consolidation of the General and Revised Ordinances of the City of Carbondale, Illinois,” con- sisting of, and divided into, thirty chapters, num- bering from one to thirty, both inclusive, is a true and correct copy of said ordinance, which was passed and approved October 10th, A. D. 1905, and which original ordinance is now on file in my office; and I do hereby further certify that said ordinance is herein pub- lished in book form in conformity with an ordinance of the city council of said city entitled, “An Ordinance Providing for the Publication of the Laws and Ordin- ances of the City of Carbondale, Illinois,” which was passed and approved October 10th, A. D. 1905. In testimony whereof, witness my hand and the cor- porate seal of said city of Carbondale, Illinois, this Toth day of October, A. D. 1905. F. M. Caldwell, [seal] City Clerk. AN ORDINANCE Providing for the Publication of the Laws and Ordin- ances of the City of Carbondale, Illinois. Be it ordained by the city council of the city of Car- bondale, Illinois: Section i. That the laws and ordinances govern- ing the city of Carbondale, as revised, arranged and compiled by Thomas B. F. Smith, attorney at law and city attorney, be and the same are hereby ordered printed and published in book form, to be entitled, “The Revised Ordinances of the City of Carbondale, Illinois.” i8o ORDINANCES OF THE Sec. 2. This ordinance shall be in force from and after its passage and publication. Passed October io, 1905. Approved October 10, 1905. Published October 10, 1905. C. E. WHITE. Attest: ¥. M. Caldwell, Mayor. City Clerk. STATE OE ILLINOIS,) County of Jackson, • ss. City of Carbondale, ) I, ¥. M. Caldwell, city clerk of the city of Carbon- dale, Illinois, do hereby certify that the above and fore- going is a true copy of the original ordinance entitled, “An Ordinance Providing for the Publication of the Laws and Ordinances of the City of Carbondale, Illi- nois,” passed by the city council of the city of Carbon- dale, Illinois, on the 10th day of October, A. I). 1905, and approved on the 10th day of October, A. D. 1905. I hereby certify that the original ordinance, of which the foregoing is a true and correct copy 7 , is by law en- trusted to my custody 7 for safe keeping and is now on file in my office. [ Seal of the^ Witness my hand and the cor- City of porate seal of said city, this 10th Carbondale. j day of October, A. D. 1905. F\ M. Caldwell, City Clerk. CITY OF CARBONDALE 18 CHAPTER XXX. SPECIAL ORDINANCES OF THE CITY OE CARBONDALE, ILLINOIS. [The numbers of these special ordinances are herein preserved as they appear in the original ordinances.] ORDINANCE NO. 148. An Ordinance in Relation to the Erection and Main- taining of Electric Lights in the City of Carbon- dale, Illinois. Be it ordained by the city council of the city of Car- bondale, Illinois: 426 Section i. That R. D. Bradberry shall have the right to construct, erect, maintain, and operate an elec- tric light plant, with the necessary ground, buildings, engines, boilers, lamps, poles, wires and other appurte- nances for the purpose of furnishing electric lights, heat and power in said city of Carbondale, and such addi- tion to said city as may hereafter be made, for the period of twenty years from and after the passage of this ordinance. 427 Sec. 2. If the said Bradberry shall, in writing, within thirty davs from the date of the passage of this ordinance accept the terms and conditions of this ordin- ance, then the said ordinance and the provisions there- 182 ORDINANCES OF THE of shall be binding and obligatory upon the said R. D. Bradberry, his successors and assigns, vendee or ven- dees, as well as upon the said city of Carbondale, Illinois. 428 Sec. 3 The said Bradberry shall furnish the said city with not less than eleven arc lights for street lighting, to be located as requested by a committee on lights, which shall be composed of one member of the council from each ward of the said city, which com- mittee shall be appointed by the mayor immediately after the adoption of this ordinance. 429 Sec. 4. The said lamps shall burn from dark until midnight, and shall be of 1,500 nominal candle power. In case the city council shall at an}’ time de- termine by resolution or ordinance that said lights shall burn all night, then the said city agrees to pay at the rate of eleven dollars per light per month, provided that the said resolution or ordinance shall fix the period of time that said lights shall burn all night. 430 Sec. 5. That in case said lamps shall at any time fail to burn as provided in this ordinance there shall be a rebate of the rental for such period of time as said lamps fail to burn. 431 Sec. 6 . That said grounds, plant, building, lamps, poles, wires, fixtures and appurtenances shall, for carrying out the provisions of this ordinance, re- main at all times the property of R. D. Bradberry or his legal representatives, and he may sell or dispose of the same as provided in this ordinance. 432 Sec. 7. That the rate of compensation or rental for the furnishing of such lights shall be at the rate of seven dollars and twenty-five cents per light per month or eighty-seven dollars per light per year. The city hereby agrees to take not less than eleven lights and pay seven dollars and twenty-five cents per month for each and every light. A warrant shall be drawn by the city council upon the treasurer at each CITY OF CARBONDALE 183 and every regular monthly meeting of the said council to pay the said R. D. Braclberry or his legal represent- atives for all debts due him for lights for the past and previous month during the period that this contract shall remain in force, which shall be for the term of five years from the date of the passage of this ordin- ance. 433. Sec. 8. Said R. D. Bradberry shall, within six months from the passage of this ordinance, complete said electric plant and furnish said city the lights in ac- cordance with the stipulations of this ordinance. 434 Sec. 9. Said Bradberry shall furnish such lights of the best quality and equal to lights of like character in other cities. 433 Sec. 10. The poles and lamps for the use of said city shall be of the height not exceeding thirty feet, as the mayor or committee on lights shall designate to said Bradberry in writing. Said Bradberry shall notify the mayor when he is ready to procure the poles, and the mayor or committee shall notify him of the height of said poles and the places where to be erected within thirty days thereafter. 436 Sec. 11. In case the city council shall at any time determine, by resolution duly passed, that more lamps are required in order to properly light said city than are hereinbefore provided for, then the said Brad- berry shall, upon receiving notice from the proper au- thorities of said city, erect and put in place and main- tain such additional lights, and the rate of compensation or rental for such additional shall be at the rate of seven dollars and twenty-five cents per light per month and paid as hereinbefore provided for payment of said electric lights. 437 Sec. 12. Said Bradberry shall not charge pri- vate consumers more than the rate charged and agreed upon for the use of the city, and where private con- 184 ORDINANCES OF THE sumers use the incandescent light the said Bradberry shall not charge more than one dollar per light per month for 16-candle power incandescent lights, but may charge such rates as may be agreed upon between said Bradberry and the private consumer not to exceed the above rate. 438 Sec. 13. Said Bradberry shall have the right to sell or otherwise dispose of said land, poles, wire, lamps, building, engines, boiler, dynamos and all the operating appliances and fixtures thereto belonging and in anywise appertaining, and the company, corpora- tion, firm or persons becoming entitled thereto from said Bradberry shall have all the rights and privileges and be bound by all the terms of this ordinance. Passed April 10, 1891. Approved April 10, 1891. Published April 18, 1891. HUGH LAUDER, Attest: W. H. Hudson, Jr., Mayor. City Clerk. ORDINANCE NO. 253. An Ordinance Authorizing the Making of a Contract for Street Lighting and Providing for the Payment Thereof. Be it ordained by the city council of the city of Carbondale, Illinois: 439 Section i. That the mayor and city clerk be, and they are hereby, authorized and directed to enter into a contract with the Carbondale Lighting Company for the furnishing of street lighting to the city of Car- CITY OF CARBONDALE 185 bondale for the period of time commencing October i, 1900, and terminating April 1, 1911. Said contract shall include the placing and maintaining, during said period, of forty-five arc lamps of twelve hundred nominal candle power each, the same to be lighted every night from one hour after sunset until daybreak, and the city in said contract shall undertake and agree to pay to the .American Trust and Savings Bank of Chicago, trustee, for each and every one of the lights furnished under said contract at the rate of six dollars per month, pay- ments to be made on or before the 10th of the month, for lights furnished during the preceding month. 440 Sec. 2. For the purpose of providing for the funds with which to pay the rentals herein agreed to be paid, there shall be, and there is hereby, levied a direct annual tax upon all the taxable property in the city of Carbondale sufficient to produce the sum of three thou- sand two hundred and forty dollars ($3,240) annually. Said lev}/ is here and now laid for the year 1900, and shall in due time, manner and season be annually here- after made, and provisions to meet the requirements of this section shall be included in the annual appropria- tion bill. 441 Sec. 3. This ordinance shall be in force from and after its passage. 442 Sec. 4. This ordinance shall be known as ordi- nance No. 253. Passed November 21, 1900. Approved November 21, 1900. Published November 24, 1900. J. M. DILLINGER, Attest: F. M. Caldwell, Mayor. City Clerk. ORDINANCES OF THE 1 86 ORDINANCE NO. 206. An Ordinance to Permit the Standard Oil Company of Kentucky, (incorporated,) with General Office at Cincinnati, Hamilton County, Ohio, to Erect Build- ings and Tanks for Storing and Handling the Pro- duct of Petroleum. Be it ordained by the city council of the city of Carbondale, Jackson county, State of Illinois: 443 Section i. That permission is hereby granted unto the Standard Oil Company of Kentucky, (incor- porated,) to erect on the following described property: Lots 666, 667, 668 and 669 in Asgil Conner’s addition to Carbondale such buildings and tanks as it may find necessary for the carrying on of its business as dealers in the product of petroleum. 444 Sec. 2. This ordinance shall take effect from and after its passage. STATE OF ILLINOIS, / ss County of Jackson, f Mayor’s Office of the City of Carbondale, III. I, Thos. F. Hord, mayor of the city of Carbondale, Jackson county, State of Illinois, hereby officially ap- prove the foregoing ordinance passed by the council of the city of Carbondale, Jackson county, State of Illinois, at a regular meeting of said council, held at the city hall (city clerk’s office,) in said city of Carbondale on the 5th day of May, A. D. 1896. Passed and approved May 5, 1896. Published May 9, 1896. THOS. F. HORD, Attest: F. M. Caldwell, Mayor. City Clerk. CITY OF CARBONDALE i8 7 ORDINANCE NO. 199. An Ordinance Authorizing a Telephone Exchange. Be it ordained by the city council of the city of Carbondale, Illinois: 445 Section i. That in consideration of the bene- fits to be attained and to result to this city and to the residents thereof by and from the introduction and use of a system of telephone, or telephone exchange, as hereinafterwards provided, and upon the considerations and terms and subject to the limitations hereinafter ex- pressed and set forth, there be and is hereby given and granted to C. L. Downey, of the city of Cincinnati, State of Ohio, and to his heirs, representatives and as- signs, the right and privilege of setting up, putting up, establishing and completing, and, upon completion, to maintain, use and operate for a period of fifty years from and after this date within said city a system of telephones, or telephone exchange, for the purpose of maintaining communication by telephone by and among the residents of the city, and also of establishing and maintaining telephone communication between said city and its residents and any other neighboring city, village or town in Southern Illinois with which such communi- cation may be established; and for that purpose there is hereby given and granted him and them the right to put in, set up and, during the period aforesaid, to main- tain in the public streets, alleys, ways and other public grounds in and of the city now opened, laid out and used, or which may hereafter be laid out, opened and used, necessary and sufficient posts or poles of wood, iron or other suitable material, and attaching thereto necessary wire to successfully effect, use and operate a telephone system or telephone exchange. 446 Sec. 2. All the posts, poles and wires of said system shall be located, placed and put in under the direction of the city council of the city or its committee on public improvements, and none of the same shall be so located, put in or placed as to interfere with neces- sary travel, trade or business on the streets, alleys, ways, 1 88 ORDINANCES OF THE sidewalks or pavements of the city, or to impede, pre- vent or interfere with the free flowage of water in or through the gutters, ditches, drains or sewers of the city, and such portions of any such streets, alleys, ways, walks, pavements, gutters, drains or sewers as may un- avoidably be excavated, dug up or in any way interfered with in putting in said posts, poles or wires, or other portions of said system, shall, as soon as reasonably practicable, be restored to as good condition as shall be practicable, and all posts, poles, wires and other appur- tenances of said system shall be at all times kept and maintained by said C. L. Downey, his heirs, representa- tives or assigns, in reasonably good condition, to the end that no interference with necessary trade, travel or business in, or with necessary and reasonable use of, the streets, alleys, ways, walks, pavements, gutters, ditches, drains or sewers be thereby occasioned. 447 Sec. 3. The said C. L. Downey, his heirs, rep- resentatives and assigns shall establish and maintain under proper and reasonable rules and regulations at some suitable and convenient house, building or place in the city a central office and operator on lines of tele- phone during all time of his or their enjoyment of the rights and privileges hereby given and granted. 448 Sec. 4. For the purpose of successfully main- taining and operating the said telephone system or ex- change the said C. L. Downey, his heirs, representatives and assigns may establish and maintain reasonable rates of charges or rental for the use of the instruments to be employed and used as a part of said system and enforce the collection of the same; provided , such rates of charges shall always be uniform, and shall not, in any event or at any time, exceed the rate or price of two dollars and fifty cents per month per instrument. 449 Sec. 5. In case the provisions of this ordi- nance are accepted by the said C. L. Downey he shall, within ten days after the adoption and approval hereof, deposit with the city treasurer of this city the sum of twenty-five dollars to cover and defray the expenses of the adoption and publication hereof, and shall also ex- CITY OF CARBONDALE 189 ecute and file with the city clerk, within the same time, an instrument in writing evidencing such acceptance by him, and therein and thereby obligate and bind himself, his heirs, representatives and assigns to begin the work of putting in and constructing the said system within thirty days thereafter, and to have the same in opera- tion and use within sixty days from the date of such acceptance of the provisions of this ordinance. 450 Sec. 6. The city council of this city shall pass and adopt and thereafter cause to be enforced neces- sary and reasonable ordinances for the protection and preservation of the plant and property of said system, and hereby agree that for the purpose of taxation for city purposes the said plant and property shall be listed, assessed and valued in the same manner as other prop- erty in said city, or in such manner as shall be provided by law. 451 Sec. 7. All and every the rights, privileges and immunities hereby given and granted shall be wholly and utterly void and of no effect, validity or force, and shall wholly cease and be determined at an end, unless the provisions of this ordinance be accepted in the manner and the said system put into successful operation within the time herein prescribed. 452 Sec. 8. That C. Lee Downey and his heirs, executors, administrators and assigns shall be required to furnish one telephone instrument, which shall be free, for the use of the city officers, and shall be placed wherever the city council may designate. 453 Sec. 9. The granting of this ordinance shall not be exclusive. This ordinance shall be known as ordinance No. 199. Passed and adopted June 17, 1895. Approved June 17, 1895. Published June 29, 1895. THOMAS F. HORD, Attest: Ben Wharton, Mayor. City Clerk. I 90 ORDINANCES OF THE ORDINANCE NO. 301. An Ordinance Providing for the Licensing of Dram Shops in the City of Carbondale, Illinois. Be it ordained by the city council of Carbondale, Illinois: 454 Section i. That license to keep a dram shop, as provided for in chapter 43, revised statutes of Illi- nois, may be granted in the said city upon the terms and conditions following: 455 Sec. 2. Any person or persons who shall de- sire to keep a dram shop under the provisions of this ordinance shall file with the city clerk an application in writing setting forth their names, ages, occupations and places of residence for five years preceding the date of such application; the place or building where such bu- siness is to be carried on and the names of all persons interested in said business as partners or otherwise. And they shall also file with the city clerk an agree- ment, in writing, providing that they will faithfully ob- serve all laws of the State of Illinois and all ordinances of the city of Carbondale which may be in force at the time of entering into such agreement, or which may be passed thereafter, while such license granted shall be in effect; and agreeing further, that they will conduct their places of business in a quiet, decent and orderly manner and allow at all times free and thorough in- spection of their places of business by the regular police force of the city of Carbondale; and that upon violation of any of the laws of the State of Illinois, or the city of Carbondale, they will forfeit their licenses and also for- feit whatever amounts they have paid for said license, without any claims whatever against said city for the unexpired portion thereof. And that, if at any time the city council shall decide to discontinue licensing dram shops, they will surrender their said licenses and discontinue their said business, upon payment to them of the amounts due for the unexpired portion of said license. CITY OF CARBONDALE 91 456 Sec. 3. All dram shops established under this ordinance shall be located in rooms having no direct communication with any other room or building (except one water closet and one storage room) by door, win- dow, or other opening, stairway, dumb waiter, elevator or other means of communication not opening onto a street or alley, unless by consent of two-thirds of the members of the council and the approval of the mayor, nor shall any dram shop be located nearer than one hundred (100) feet to any building used regularly for church or school purposes. 457 Sec. 4. No dram shop established under this ordinance shall be permitted or allowed to maintain any wine room or private room where liquors are served or drank, or any game of chance conducted, nor shall any gambling device or slot machine, for gambling pur- poses, be kept or used on the premises where said dram shop is located. 458 Sec. 5. It shall be lawful for dram shops duly licensed under this ordinance to keep their doors open for business on such days as prescribed by laws of the State of Illinois from 5:00 o’clock a. m. to 12:00 o’clock p. m. of such days, but all doors or other means of com- munication with the room in which said dram shop is conducted shall be securely locked and fastened, and not opened for any purpose, from 12:00 o’clock p. m. on Saturdays until 5:00 o’clock a. m. on Mondays. 459 Sec. 6. Any person complying with the pro- visions of this ordinance, and who shall be granted a license hereunder, shall first execute a good and suffi- cient bond in the sum of three thousand dollars ($3,000) , with at least two securities, in conformity with the laws of the State of Illinois, conditioned upon a faith- ful compliance with all ordinances of the city of Car- bondale and all laws of the State of Illinois which may be, or become, in effect during the period such license is in force, and to pay all damages to all persons or property which may arise by reason of the violation of any of the laws aforesaid. IQ2 ORDINANCES OF THE 460 Sec. 7. It shall be unlawful for any keeper of any dram shop licensed under this ordinance to permit any loud, boisterous, profane or vulgar language to be used in his place of business, nor shall he permit any singing or music therein; and the violation of this sec- tion shall subject the offender to a revocation of his license; and it shall be the duty of the police officers of the city to assist in strictly enforcing this provision. 461 Sec. 8. The mayor of the city of Carbondale shall have power, whenever he is satisfied that the laws of the State of Illinois, or the ordinances of said city, are being violated by any dram shop keeper licensed under this ordinance, to immediately revoke the license granted to such dram shop keeper, and such dramshop keeper shall forfeit any amount due him for the unex- pired portion of his license; provided that said mayor shall report his action thereunder to the next regular meeting thereafter of the city council, which may ap- prove or disapprove the same; and in case of disappro- val, said revocation shall have no effect; and, provided further , that the city council may, at any regular or special meeting, revoke the license of any dram shop keeper licensed under the provisions of this ordinance for any violation of any of the provisions thereof. 462 Sec. 9. It shall be unlawful for any keeper of any dram shop licensed under this ordinance to sell, or permit to be sold, any intoxicating liquor, of any char- acter whatever, to any minor without the consent of his or her parents or guardian, or to any habitual drunk- ard or intoxicated person; and it shall be unlawful to allow children under the age of sixteen years to enter any dram shop licensed under the provisions of this ordinance, unless accompanied by their parents or guardians. 463 Sec. 10. Before any license to keep a dram shop shall be granted under the provisions of this or- dinance the applicant for the same shall pay to the city treasurer a sum equal to one thousand dollars ($ t, 000) per annum; provided no license shall be granted for a CITY OF CARBONDALE 193 longer period than to the end of the municipal year in which granted, and for no shorter period than three months, except at the end of the municipal year; and provided , also , that such license shall not be transferable. 464 Sec. 11. The mayor of the city of Carbondale shall have power to approve all bonds, locations and applications under the provisions of this ordinance until the next regular meeting of the city council which shall then approve or disapprove his action; and in case of disapproval, such licensee shall be null and void and of no effect, and such license shall be entitled to the re- turn of all money paid in by him except for such time as he shall have been actually engaged in business. 465 Sec. 12. Any violations of any of the provis- ions of this ordinance, in addition to the other penal- ties therein provided for, shall subject the offender to a fine of not less than twenty-five dollars ($25) nor more than two hundred dollars ($200), to be recovered in any court of competent jurisdiction; and any such offender may be confined in the city jail until such fine and cost of prosecution shall be duly paid or discharged. 466 Sec. 13. This ordinance shall be known as Ordinance No. 301. Passed August 13, 1904. Approved August 13, 1904. Published August 18, 1904. E. E. MITCHELL, Attest: F. M. Caldwell, Mayor. City Clerk. ORDINANCE NO. 31 1. An Ordinance Prohibiting the Sale or Giving Away of Intoxicating Liquors on Sunday. Be it ordained by the city council of the city of Car- bondale, Illinois: 467 Section i. It shall be unlawful for any owner, 194 ORDINANCES OF THE proprietor or keeper of any dram shop, saloon or other house or place for the sale of intoxicating liquors, or any other person or persons, either by or through his or their agent, clerk or representative, within the limits of the city, to sell or give away, or offer for sale or offer to give away, or expose or suffer to be exposed for sale or giving away, any intoxicating liquors on the first day of the week, commonly called Sunday, either in his or their place or places of business, or in any house, room or building adjacent thereto, or in any other house or building whatever; nor shall any person or persons be admitted to any such places aforesaid for the purpose, directly or indirectly, of drinking therein or obtaining for drink any intoxicating liquor on the first day of the week, commonly called Sunday. 468 Sec. 2. Any person or persons offending against any of the provisions of this ordinance shall be fined not less than twenty-five dollars nor more than two hundred dollars for each and every offense, to be re- covered in any court of competent jurisdiction ; and such offender may be confined in the city jail until such fine and costs of prosecution shall be fully paid or dis- charged. 469 Sec. 3. This ordinance shall be in full force and effect from and after the expiration of ten days from its passage and publication, and shall not repeal or change the effect of any other ordinance now in force in this city, but is, in effect, an amendment to ordinance No. 301. 470 Sec. 4. This ordinance shall be known as ordi- nance No. 31 1. Passed October 10, 1905. Approved October 10, 1905. Published October 10, 1905. C. E. WHITE, A est: F. M. Caldwell, Mayor. City Clerk. CITY OF CARBONDALE 195 ORDINANCE NO. 273. An Ordinance Authorizing the Operation and Main- tenance of a Water Works System in the City of Carbondale, Illinois. Be it ordained by the city council of the city of Car- bondale, Illinois: 471 Section i. That permission and authority are hereby granted to Carbondale water w orks comp any and its assigns to maintain and operate a water works system in the city of Carbondale, 111 ., and to furnish and sell water for hre protection and for private or domestic use of the inhabitants of said city for a period of thirty (30) years from and after the passage of this ordinance' antT permission and authority are also granted to said company to enlarge and extend said system of water works from time to time, and for this purpose the city reserves the right to pass any such ordinance or ordinances from time to time, and enforce the same as it may deem necessary to control and regu- late such extension, and also to provide the terms and conditions to be imposed upon said company or its as- signs in regard to any extension, connection or other thing that the city may desire to have made at any time, and for any such extension or other purpose as may be desired by the city the said company shall have the right to open the streets and alleys of said city, leaving the same in their former condition or in condition satis- factory to the city council. 472 Sec. 2. In consideration of the granting of the franchise aforesaid by the city to the said company, the I said company or its assigns undertakes and agrees to 1 provide at all times an ample and sufficient supply of pure, healthful water, free from salt and other minerals in sufficient quantity to cause same to be or become detrimental to health or vegetation, to meet the wants and demands of the city of Carbondale, 111 ., for fire pro- tection, and of such inhabitants of said city as may ORDINANCES OF THE 196 choose or desire to use said water for private or domes- tic purposes. 473 Sec. 3. The said company or its assigns is hereby authorized to vend water to private consumers in said city and to charge therefor during the continu- ance of the grant hereby made, not to exceed the fol- lowing maximum annual rate: Banks, one self-closing faucet $10 00 Bakeries 15 oo Barber shops, one chair and basin 6 00 Each additional chair 3 00 Baths, public, per tub 12 00 Hotels and boarding houses, per tub 9 00 Private, per tub 2 00 Blacksmith shops, one fire .... 5 00 Butcher shops and stalls $5 00 to 12 00 Billiard saloons, for drinking and scrubbing pur- poses exclusively, one table 6 00 Each additional table 2 50 Boarding house, per room 1 00 Building purposes, per 1,000 brick laid 15 Stone, per perch 10 Plaster, per 100 square yards 30 Cigar factory, five hands and under 6 00 Each additional hand 1 00 Hotels, per room Special Halls and theatres Special Eaundries Special Eivery stables Special Printing offices, not including steam boilers and engines $10 00 to 20 00 Private stable, including washing carriages, one horse or cow 1 3° Each additional horse or cow 1 00 Photograph galleries $6 00 to 10 00 Residence occupied by one family, five rooms or less 4 00 Each additional room 1 00 Restaurants Special CITY OF CARBONDALE 1Q7 Steam engines, assessed per horse power, ten hours run per horse power $ 5 00 Sprinkling premises, yk inch nozzle, four hours per day and 50 foot front or less, per season 5 00 Each additional front foot ... 05 Street sprinkling, from fence line outward per front foot 03 SHOPS — SPECIAL RATES. Tobacco manufactures, per hand $ 1 00 Urinals, public, with self-closing faucet 5 00 Urinals, private, with self-closing faucet 2 00 Water closets, private, first bowl 2 00 Each additional bowl 1 00 Water closets, public, per bowl 10 00 Meter rates, 100 to 500 gallons per day, at the rate per 100 gallons .06 500 to [,000 gallons per day, at rate per 100 gallons .05 1.000 to 2,000 gallons per day, at rate per 100 gallons .04 >2 2.000 to 3,000 gallons per day, at rate per 100 gallons .04 3.000 to 5,000 gallons per day, at rate per 100 gallons .03 5.000 to 10,000 gallons per day, at rate per 100 gallons .02 >4 Over ro,ooo gallons per day, at rate per 100 gallons .02 474 Sec. 4. Before this franchise takes effect or becomes binding upon said city, the said water works company shall furnish to the mayor and three-fourths of the aldermen elect satisfactory evidence and infor- mation that it has made such arrangements, connec- tions and provisions as will enable it to furnish water for fire protection and such water in such quantities for private and domestic uses and purposes as provided for in this ordinance. ig8 ORDINANCES OF THE 475 Sec. 5. This franchise shall only be valid and binding upon the city upon the surrender and cancel- lation of the $36,000.00 of water certificates and the cou- pons attached thereto or detached therefrom, said cer- tificates having heretofore been issued by this city to C. A. Iglehart & Co., and this franchise shall only be valid and binding upon the further condition that said company or its assigns shall become the purchaser and the sole and exclusive owners of the water works plant now located in this city and advertised for sale March 4, 1902, and. shall thereafter operate the same accord- ing to the provisions herein contained. 476 Sec. 6. The city council hereby reserves the right and privilege to revoke, rescind or annul this franchise at any time should said company or its as- signs fail or refuse to comply with any of the provisions of this ordinance. 477 Sec. 7. The said water works company shall within thirty days from this date file with the city coun- cil its acceptance of this ordinance, otherwise said or- dinance is to be null and void. Passed January 7, 1902. Approved January 7, 1902. J. T. McANALLY, Attest: F. M. Caldwell, Mayor. City Clerk. ORDINANCE NO. 290. An Ordinance Relating to Sewers, Plumbing and Drain Laying, and to Provide for the Supervision thereof. Be it ordained by the city council of the city of Carbondale, Illinois: 478 Section i. All sewers laid or constructed in any street, avenue or alley in this city shall be laid on CITY OF CARBONDALE 1 99 and along the the centre line thereof, constructed in such form and of such dimensions as shall be prescribed by ordinance, contract or specifications, and shall be laid such depth as to effectually drain such lateral sewers as may be conducted into the same; suitable flush tanks, wells, man-holes, lamp-holes, vents and inlets properly secured with a coping stone; iron grates, earthenware caps or plate covers shall be constructed where neces- sary at proper distances. All sewers shall be built or constructed in such a way that they can be extended or that a lateral sewer from any street, avenue or alley, or from any public or private property can be properly connected therewith and suitable openings, “T”s or “Y” branches left therein to admit of such extension or con- nections, the same to be located at such points as may be provided by ordinance or directed by the board of local improvements, and to be securely capped or other- wise closed; and a record of the location and character of all such sewers with openings, “T”s and “Y,”s shall be made and filed in the office of the city clerk. 479 Sec. 2. All lateral sewers and all sewers for the drainage of private private property into the public sewers shall, as near as practicable, conform in design, and in the material used in the construction thereof to the plans and specifications for the construction of pub- lic sewers; and no connection with, or opening into, any public sewer from any drain or sewer for the drainage of any private property shall ever be made except with the consent of the county council or its board of local improvements. 480 Sec. 3. Whoever shall construct or cause to be constructed, within the limits of the city, any private drain or sewer leading into any public sewer built, owned or controlled by the city without permission as required by the provisions of section 2 of this ordinance, or con- trary to or in violation of any ordinance of the city, shall on conviction, be fined not less than ten nor more than one hundred dollars for each and every offense, and in addition thereto shall also be liable to the city, or to 200 ORDINANCES OF THE any person injured, for all injuries or damages thereby sustained, to be recovered in any appropriate action in any court of competent jurisdiction. 481 Sec. 4. Whoever shall deposit, throw or dis- charge into any sewer, inlet or catch-basin, or into any flush-tank, or other sewer opening, any garbage, butch- er’s offal, dead animal or other matter or thing calcu- lated to obstruct any sewer shall, on conviction, be fined not less than ten nor more than two hundred dollars for each and every such offense. 482 Sec. 5. Whoever, within the city, shall break, deface, remove, or in any other manner injure any cap or coping stone, grate, trap or other appurtenance or thing belonging to any catch-basin, man-hole, lamp-hole, vent, flush-tank, or otherwise disturb or injure any sewer, or the mouth or any other part of the same, shall, on conviction, be fined not less than ten nor more than two hundred dollars. 483 Sec. 6. Every person making connection of any private sewer or drain with any public sewer shall provide such fixtures with and to such private sewer or drain as will allow sufficient quantity of water to flow into and through the same to carry off all matter enter- ing or passing through the same, and shall at all times keep such private sewer open and unobstructed. Who- ever shall violate or fail, refuse or neglect to comply with the requirements of this section shall, on convic- tion, be fined not less than five nor more than twenty- five dollars, and every day such failure, refusal or neg- lect shall continue after the first penalty is incurred shall be deemed a separate offense. 484 Sec. 7. All excavations in streets, avenues, sidewalks or other thoroughfares of the city, made by any person or persons for the construction or repair of any sewer or drain, or the laying or repair of any gas or water pipe, or tapping the same, shall, immediately upon the completion thereof, be filled up and the earth or soil thoroughly tamped or puddled till all earth taken CITY OF CARBONDALE 201 out shall have been replaced, and all pavement, flagging or curbing replaced and restored to its former condi- tion and such street, avenue, alley, sidewalk or other thoroughfare put in as good condition as the same was before such excavation was made. Whoever shall vio- late, or shall fail, neglect or refuse to comply with the above requirements, shall, on conviction, be fined not less than ten nor more than two hundred dollars for each offense, and in addition thereto shall also be liable for whatever expense may be incurred in repairing any such street, alley, sidewalk or other thoroughfare, and all damages sustained by any person from such failure, neglect or refusal, to recover in any appropriate action in any court of competent jurisdiction. 485 Sec. 8. Outside of buildings where the soil is of sufficient solidity for a proper foundation, hard- burned vitrified sewer pipe may be used. The sewer pipe must be laid on a smooth bottom, with a special groove cut in the bottom of the trench for each hub, and so well rammed on each side of the pipe that it shall lay solid before the cement joint is made. The joints must be filled and rounded off with good cement mortar, made of best cement and clear, sharp river sand mixed, of equal parts cement and sand. The cement must be mixed in small quantities at a time and used as soon as made. No drains shall be covered up until they have been inspected. 486 Sec. 9. The house drains shall not be less than five inches nor more than eight inches in diameter and shall have a fall of not less than one-quarter of an inch to one foot, unless by permission of the city council. Inside drains must not be less than four inches for water closets and three inches for sinks, tubs, etc. The main drain for every house or building shall be separately and independently connected with the street sewer. All house drains laid beneath the ground inside of the build- ing or beneath the cellar floors shall be of standard cast iron soil pipe, with well leaded and calked joints. Where the main drains are connections thereto are run 202 ORDINANCES OF THE above the cellar floors the same must be made with standard cast iron soil pipe or lead. 487 Sec. 10. Cellar drains must never be connected with house drains, but must be constructed as follows: By a system of field tile drains to a catch basin built of brick and cement mortar and have a stone cover, the outlet pipe to house drain to be properly trapped and the inlet pipe from cellar drains to have a back pressure valve of approved make. 488 Sec. 11. No storm water shall be discharged into the sewer. No steam, exhaust, blow-off or drip pipe shall be connected with the sewer or any house drain, soil or waste pipe. Such pipes shall be discharged into a tank or condenser, from which a suitable outlet to the house drain shall be provided. 489 Sec. 12. No waste, soil or drain pipe will be allowed to drain or discharge upon the street or alley. 490 Sec. 13. Wooden wash trays and sinks are prohibited inside of any building. They shall be of non-absorbent material. 491 Sec. 14. No catch-basin shall be allowed in any building unless by special permission of the city council. 492 Sec. 15. Lead bends or traps for water closets shall not be less than one-eighth of an inch in thickness. 493 Sec. 16. Waste pipes from wash basins shall not be less than one and one-quarter inch in diameter, and for sinks and bath tubs shall not be less than one and one-half inches in diameter. 494 Sec. 17. All connections of lead pipes shall be wdped, soldered joint. All lead waste pipes must be of the quality known to the trade as “extra light.” No pipe of lighter weight will be allowed. All supply pipes of lead must be of the quality known as “strong” or “extra strong.” CITY OF CARBONDALE 203 495 Sec. 18. The main soil or drain pipe must be tapped inside the foundation wall with a cast iron trap and provided with a hand hold or cover for cleaning out. A fresh air inlet pipe shall be run from the inlet side of the trap to a point outside of the building and at least one foot above the grade line. The fresh air pipe shall not be less than three inches in diameter. Where the main drain passes through or under a new wall a receiving arch must be built with a two-inch clearance on the sides and top of the trap. 496 Sec. 19. Every sink, basin, bath tub, water closet, slop hopper and each set of wash trays and every fixture having a waste pipe must be separately trapped, the trap to be placed as near the fixture it serves as practicable. All traps (inside of building or covered with roof attached to a building) must be protected from syphonage by special vent pipes of cast iron or lead, to be in size not less than the outlet of the traps they vent; and those used to supply air to traps of one or more water closets located in the basement or on the first floor of a building not less than two inches in diameter. 497 Sec. 20. No sheet metal or earthenware pipe or chimney flue shall be used as a drain or trap vent. Several fixtures may be vented through the same pipe where cast iron soil pipe is used of sufficient size. 498 Sec. 21. All cast iron soil or vent pipes must be sound and free from holes and cracks and all joints must be made with lead and oakum. Connections with lead waste pipes and traps or bends must be made with brass or lead combination ferrules and wipe joints. No cast iron soil pipes shall be used of lighter weight than what is known to the trade as ‘'standard.” 499 Sec. 22. The owner or agent of any building in course of construction which contains plumbing must contract to have the entire system of soil and vent pipes tested by stopping the openings and filling the same with water to the highest point. All defective pipes 204 ORDINANCES OF THE must be removed. This test must be made in the presence of the sanitary inspector. This applies to the plumbing work in old buildings that are being remodeled. 500 Sec. 23. Water closets must never be placed in an unventilated room or compartment. In every case the room or compartment must be opened to the outer air or to be ventilated by means of an air duct or shaft of approved size. Interior water closets within the house or buildings must be supplied from special tanks or cisterns. 501 Sec. 24. The arrangements of all soil and waste pipes must be as direct as possible; all changes of direction on horizontal pipes shall be made with “Y” branches one-sixth and one-eighth bends. 502 Sec. 25. Every vertical soil or waste pipe shall extend at least two feet above the roof and shall be of undiminished size, with the outlet uncovered; caps or cowls are prohibited. Such soil pipes shall not open near a window nor an air shaft ventilating living rooms. 503 Sec. 26. Every branch or horizontal line of soil pipe to which two or more water closets are to be connected, and every branch line of horizontal pipe eight feet or more in lenghth to which a water closet is to be connected, shall be ventilated either by extending such soil pipe undiminished in size to at least two feet above the roof or to the highest part of the building or by ex- tending said soil pipe and connecting it with the main soil pipe above the highest fixture, or by ventilating pipe connected to the crown of each water closet trap not less than two inches in diameter, which shall be increased one-half inch in diameter for every fifteen feet in length, and connected with a special air pipe which shall not be less than four inches in diameter, or by connecting said ventilating pipe to the main soil pipe above the highest fixture. CITY OF CARBONDALE 205 504 Sec. 27. Drain laying as herein regulated is hereby defined to include the connection with public sewers and such pipes as may be laid beneath the sur- face and more than four feet outside the foundation walls of building to be drained, if such building contains plumbing, or which may be intended solely to drain the foundation walls, cellar and roof water of buildings which do not contain plumbing. Plumbing is hereby de- fined to include the pipes, fixtures and all appurtenances thereto which are used to connect the water to, and to distribute in or about any premises or building for any use whatever, all pipes and appurtenances used or to be used for conveying liquid water within and to a distance of four feet outside the foundation walls of any build- ing and all pipes and appurtenances used to ventilate the drains, fixtures or traps in any building, Also all pipes and connection through which gases, vapor or wastes of any kind may discharge into drains or sewers. 505 Sec. 28. No person shall be allowed to engage in or work at the business of plumbing, except to repair leaks, either as master plumber, employing plumber or as a journeyman plumber, within the limits of this city without first having obtained a license of the city coun- cil of said city to do plumbing. 506 Sec. 29. The name and residence of each and every person to whom such license is granted, together with the date thereof, shall be entered upon the record of said city at the time of the granting of such license; provided , that no license shall be granted for a longer period than one year; and provided , further , that the sum of $5 shall be paid the city for each and every license so granted. Applicants for such licences must be ex- perienced in the business and must furnish the city council with satisfactory evidence of the required quali- fications. Application shall be made to the city council in writing, and shall state in full the name of the appli- cant, his place of residence and where he has formerly been engaged, also the name under which the business is to be carried on. 206 ORDINANCES OF THE 507 Sec. 30. Before being entitled to a license un- der the provisions of this ordinance the applicant there- for shall give a bond, payable to the city, with surety to be approved by the city council in the penal sum of one thousand dollars, conditioned that he will indem- nify and save harmless the city of Carbondale from all accidents and damages caused by any failure on his part, or on the part of any one employed by him or work- ing under his charge or direction; to properly protect the work in his charge or being done by him, or that he may do under or by virtue of his license, and that he will observe and conform to all ordinances of the city and all rules and regulations pertaining to the laying of drains, gas and water pipes and the construction of sewers. Any plumber or drain layer who shall violate or fail or refuse to conform to any rule or regulation, or the provisions of any ordinance pertaining to the plumb- ing, gas fitting, pipe laying or the construction of sew T ers, shall, in addition to being liable on his bond for all dam- ages thereby occasioned, also, on conviction, be fined in any sum not less than ten nor more than two hundred dollars. 508 Sec. 31. All licensed plumbers shall be held re- sponsible for all acts of their agents or employes done by virtue of his or their said acts. 509 Sec. 32. The city council may suspend any li- cense for a definite period or cancel the same if the party is found guilty of violating the rules and regulations duly established or is shown to be negligent, unskillful or un- faithful in his work, or to be a person unfit or unworthy of being trusted or employed in the work of plumbing or drain laying. Work done by any person, firm or corporation whose license has expired, been suspe ^ded or cancelled, shall not be inspected or accepted, and the water shall not be turned on to such work by the superintendent of water works or by any of his em- ployes. 510 Sec. 33. The mayor, by and with the consent of the city council, shall appoint a supervisor of plumbing CITY OF CARBONDALE 207 and drain laying, who shall hold office until the first Tues- day in May, and be appointed annually thereafter, who shall be known as sanitary inspector, and who shall be competent to design and execute plumbing work. The said inspector shall be in no way connected with any firm or corporation in any capacity or be interested finan- cially with said parties in the business of plumbing or drain laying. 51 1 Sec. 34. The inspector of plumbing so ap- pointed shall give bond in the sum of $500, said bond to be signed by two good and sufficient securities and approved by the mayor and city council and filed with the city clerk. 512 Sec. 35. It shall be the duty of the sanitary in- spector to receive and examine all plans of plumbing and drainage submitted for approval. If he finds them in accordance with the ordinances, rules and regulations for the government of plumbing and drain laying, he shall endorse the original plan or plans as approved and issue a permit for the construction thereof, and shall file in a convenient form for reference the duplicate plan or plans. If the plans submitted are not in accord- ance with the ordinances, rules and regulations, he shall reject them, and if requested, state the grounds of re- jection. Approval or rejection of plans shall be made within one day after date of filing. He shall investi- gate all cases reported or referred to him of bad or im- perfect work or material, old or new, and report same to the city council. He shall make monthly reports to the city council of all inspections made and of all cases of violation or attempted violation of the ordinances, rules and regulations on the part of plumbers, drain layers, builders, owners or agents, and, under the in- struction of the city council, prosecute the offending parties. He shall keep a record of all inspections made, and when the plumbing or drain laying of any premises shall be satisfactorily completed, he shall issue to the parties doing the work a certificate that the same has been lawfully and properly done. He shall charge each 208 ORDINANCES OF THE plumber and drain layer the fees for inspection herein authorized to be charged. 513 Sec. 36. It shall be the duty of every plumber or drain layer to notify the sanitary inspector in writ- ing when work is ready for inspection. Plumbers shall also notify the sanitary inspector of all extensions or alterations of fixtures, so that the same may be in- spected. For each inspection the sanitary inspector shall charge the sum of one dollar. 514 Sec. 37. The sanitary inspector shall have the right to enter upon any premises containing plumbing or drainage at all reasonable hours to ascertain whether the provisions of this ordinance have been or are being complied with. 515 Sec. 38. All licensed plumbers desiring to make connection, extensions or alterations of any water pipe must first take out a permit to do so from the superin- tendent of water works and return the same as soon as the work is finished. The water must not be left turned on without the permission of the superintendent of the water works. 516 Sec. 39. This ordinance shall be in force and take effect from and after its passage. Passed and approved April 24, 1903. Published May 2, 1903. J. T. McANALLY, Attest: F. M. Caldwell, Mayor. City Clerk. ORDINANCE NO. 229. An Ordinance in Relation to Persons Walking and Loitering on the Streets and Other Public Places at a Late Hour of Night. Be it ordained by the city council of the city of Car- bondale, Illinois: 517 Section i. That any person or persons who- CITY OF CARBONDALE 20Q soever, being a male or female, within the limits of the city, shall be found walking or loitering in or about any street, sidewalk, alley or other public place between the hours of T2:oo o’clock at midnight and 4:00 o’clock a. m,, without being able to give a good and legitimate excuse therefor, shall, on conviction, be fined not less than three doliars nor more than fifty dollars. 518 Sec. 2. This ordinance shall be known as or- dinance No. 2 29, and shall be in force from and after its passage and publication. Passed June 7, 1898. Approved June 7, 1898. Published June n, 1898. HUGH LAUDER, Attest: F. M. Caldwell, Mayor. City Clerk. ORDINANCE NO. 293. An Ordinance to Provide for the Inspection of Weights and Measures and for the Supervision thereof. Be it ordained by the city council of the city of Carbondale, Illinois: 519 Section i. That it shall be the duty of the mayor of the said city, by and with the advice of the city council, on the first Tuesday in May in each year, or as soon thereafter as he may elect, to appoint a citizen of said city, who has been a resident thereof for at least one year last passed, to the position of inspector of weights and measures, who shall, before entering upon the discharge of the duties of his office, take and sub- scribe the oath prescribed by law for city officers, and 210 ORDINANCES OF THE shall execute a bond in the penal sum of five hundred dollars, with two or more good and sufficient sureties, to be approved by the city council, payable to the city of Carbondale, Illinois, and conditioned for the faithful discharge of the duties of his office, and that he will, at the expiration of his term of office, or upon his resigna- tion or removal from office, account for, pay over and deliver to his successor in office, or to the person legally appointed to receive, all money, books, papers and everything pertaining to his office. 520 Sec. 2. It shall be the duty of said inspector of weights and measures to inspect all scales, weights, beams, balances and measures used by every person, firm or corporation engaged in the wholesale or retail dealing in merchandise, or other commodities, within the city limits of the city of Carbondale, Illinois, and ascertain if the same are correct and agree with the United States standard of weights and measures of such articles as may be dealt in, and are in all respects in conformity with the laws of the State of Illinois. 521 Sec. 3. It shall be the duty of said inspector of weights and measures, after having examined any scale, weight, beam, balance or measure, to stamp upon the same in a plain and visible manner the date of his inspection and that the same has been found correct. 522 Sec. 4. If any scale, weight, beam, balance or measure has been found incorrect by said inspector, it shall be his duty to stamp the same in a plain and vis- ible manner that the same is incorrect and the date of such inspection. 523 Sec. 5. Any person, firm, company or corpora- tion using any scale, weight, beam, balance or measure for the purpose of selling, by retail or wholesale, any merchandise or other commodity, within the city limits of the city of Carbondale, Illinois, shall, upon demand of said inspector, exhibit to him all and every scale, weight, beam, balance or measure used by him, them or it in the business aforesaid, for the purpose of inspec- CITY OF CARBONDALE 21 I tion, and shall afford said inspector every opportunity for making a correct test of the same. 524 Sec. 6. The inspector herein provided for shall be paid a fee of fifty cents for each and every inspec- tion made by him, to be paid by the owner of such scale, weight, beam, balance or measure; provided that one charge shall be made annually for inspecting all the scales, weights, beams, balances and measures of any one person, firm, company or corporation, unless com- plaint shall be made to him in writing that a wrong has been perpetrated. 525 Sec. 7. Any person, firm, company or corpo- ration engaged in the wholesale or retail vending of any merchandise or other commodity, by weight or measure, who shall be found guilty of giving false or in- accurate weights or measures, shall be deemed guilty of a misdemeanor, and shall be fined in any sum not to exceed twenty dollars. And any person, firm, company or corporation so engaged who shall use any scale, weight, beam, balance or measure not examined, tested and stamped as correct by the inspector herein pro- vided, shall be deemed guilty of a misdemeanor and fined in any sum not to exceed twenty dollars. 526 Sec. 8. It shall also be the duty of said inspec- tor, upon the request of any person, firm, company or corporation using an electric light, gas or water meter, to attend at the same time and place with the repre- sentative of any person, firm, company or corporation engaged in furnishing electric light, water or gas, and verify the reading of said meters; the person, firm, com- pany or corporation requiring the attendance of the in- spector shall pay therefor a fee of ten cents for each attendance. Passed September 1, 1903. Approved September 1, 1903. Published September 3, 1903. E. E. MITCHELL, Attest: E. M. Caldwell, Mayor. City Clerk. 212 ORDINANCES OF THE ORDINANCE NO. 298. An Ordinance Prohibiting Spitting or Expectorating on any Sidewalk, or in any Public Hall or Church or other Public Building, and Depositing Rubbish, Paper, Rags, Dirt, Filth or Slop in or on any Street, Alley or other Public Place. Be it ordained by the city council of the city of Carbondale, Illinois: 527 Section i. That it shall be unlawful for any person to spit or expectorate upon any sidewalk or in any publie hall or church or other public building, and it shall be unlawful for any person to deposit in any street, alley or other public place any rubbish, paper, rags, dirt, filth or slop of any character whatever. 528 Sec. 2. Any person violating the provisions of this ordinance shall be fined not less than one dollar ($1.00) nor more than ten dollars ($10.00) . Passed and approved June 7, 1904. Published June 9, 1904. E. E. MITCHELL, Attest: P . M. Caldwell, Mayor. City Clerk. ORDINANCE NO. 295. An Ordinance Authorizing a Telephone Exchange. Be it ordained by the city council of the city of Car- bondale, Illinois: 529 Section 1. That in consideration of the bene- fits to be attained and to result to this city and to the residents thereof by and from the introduction and use of a system of telephone, or telephone exchange, as hereinafterward provided, and upon the consideration and terms and subject to the limitations hereinafter ex- CITY OF CARBONDALE pressed and set forth, there be and is hereby given and granted to the Jackson County Telephone Company, of Eikville, Illinois, and to its representatives and as- signs, the right and privilege of setting up, putting in, and establishing and completing, and, upon completion, to maintain, use and operate for a period of twenty-five years from and after this date within said city a system of telephones, or telephone exchange, for the purpose of maintaining communication by telephone by and among the residents of the city, and also of establishing and maintaining telephone communication between said city and its residents and any other neighboring city, village or town in Southern Illinois with which such com- munication may be established; and for that purpose there is hereby given and granted it and them the right to put in, set up and, during the period aforesaid, to maintain in the public streets, alleys, ways and other public grounds in and of the city now opened, laid out and used, or which may hereafter be laid out, opened and used, necessary and sufficient posts or poles of wood, and attaching thereto necessary wire to successfully ef- fect, use and operate a telephone system or telephone exchange. All posts or poles upon which wires are so attached must be of the best quality of white cedar, straight, and of uniform dimensions, not less than six inches in diameter at top, and when set must not be less than twenty-five feet above the surface. 530 Sec. 2. Ail the posts, poles and wires of said system shall be located, placed and put in under the di- rection of the city council of the city, or its committee on streets and alleys, and not otherwise, and none of the same shall be located, put in or placed as to interfere with necessary travel, trade or business on the streets, alleys, ways, sidewalks or pavements of the city, or to impede, prevent or interfere with the free flowage of water in or through the gutters, ditches, drains or sewers of the city, and such portions of any such streets, alleys, ways, walks, pavements, gutters, drains or sewers as may unavoidably be excavated, dug up or in any way inter- fered with in putting in said posts, poles or wires, or 214 ORDINANCES OF THE other portions of said system, shall, as soon as reason- ably practicable, be restored to as good condition as shall be practicable, and all posts, poles, wires and other appurtenances of said system shall be at all times kept and maintained by the said Jackson County Telephone Company, and its representatives and assigns, in rea- sonably good condition, to the end that no interference with necessary trade, travel or business in, or with nec- essary and reasonable use of, the streets, alleys, ways, walks, pavements, gutters, ditches, drains or sewers be thereby occasioned. 531 Sec. 3. The said Jackson County Telephone Company, its representatives and assigns, shall estab- lish and maintain under proper and reasonable rules and regulations at some suitable and convenient house, building or place in the city a central office and opera- tor on lines of telephone during all time of its or their enjoyment of the rights and privileges hereby given and granted. 532 Sec. 4. For the purpose of successfully main- taining and operating the said telephone system or ex- change the said Jackson County Telephone Company, or its representatives and assigns, may establish and maintain reasonable rates of charges or rental for the use of the instruments to be employed and used as a part of said system and enforce the collection of the same; provided such rates of charges shall always be uniform; and shall not, in any event or at any time, ex- ceed the rate or price of one dollar and twenty-five cents per month per instrument. 533 Sec. 5. The rights, privileges and immunities hereby given and granted are not transferable, except upon the following condition, to-wit: the said Jackson County Telephone Company shall first pay into the city treasury of the city of Carbondale, Illinois, the sum of five thousand dollars, lawful money of the United States of America, and any sale, bargain or transfer, or lease of the aforesaid rights, privileges and immunities hereby given and granted without the payment of the said sum of money into the said city treasury aforesaid shall CITY OF CARBONDALE 215 cause all the said rights, privileges and immunities so given and granted to wholly cease and be determined. 534 Sec. 6 . That the said Jackson County Tele- phone Company, its representatives and assigns, shall be required to furnish two telephone instruments, which shall be free, for the use of the city officers, and shall be placed wherever the city council may designate. All bona fide subscribers to this telephone exchange shall have the use of all toll lines owned, operated, connected with or controlled by this telephone company without charge. 535 Sec. 7. In case the provisions of this ordinance are accepted by the said telephone company within ten days after its passage and approval, the said telephone company must file with the clerk of said city an instru- ment in writing evidencing such acceptance and obli- gating itself to begin the work of putting in and con- structing the said system within thirty days thereafter, and to have same in operation and use in said city with- in six months from the date of such acceptance, and shall pay all costs of passage and publication of this ordinance. 536 Sec. 8. This ordinance shall be known as or- dinance No. 295. Passed March 3, 1904. Approved March 12, 1904. Published March 17, 1904. E. E. MITCHELL, Attest: F. M. Caldwell, Mayor. City Clerk. ORDINANCE NO. 296. An Ordinance Authorizing a Telephone Exchange. Be it ordained by the city council of the city of Car- bondale, Illinois: 537 Section i. That in consideration of the bene- 2l6 ORDINANCES OF THE fits to be attained and to result to this city and to the res- idents thereof by and from the introduction and use of a system of telephone or telephone exchange, as here- inafter provided, and upon the consideration and terms and subject to the limitations hereafter expressed and set forth, there be and is hereby given and granted to the Farmers’ League and Community Telephone As- sociation, of Carbondale, Illinois, and to its representa- tives and assigns, the right and privilege of setting up, putting in and establishing and completing, and upon completion, to maintain, use and operate for a period of twenty-five years from and after this date within said city a system of telephones, or telephone exchange, for the purpose of maintaining communication by telephone by and among the residents of the city, and also of es- tablishing and maintaining telephone communication between said city and its residents and any other neigh- boring city, village or town in Southern Illinois with which such communication may be established; and for that purpose there is hereby given and granted it and them the right to put in, set up and, during the period aforesaid, to maintain in the public streets, alleys, ways and other public grounds in and of the city now opened, laid out and used, or which may hereafter be laid out, opened and used, necessary and sufficient posts or poles of wood, and attaching thereto necessary wire to suc- cessfully effect, use and operate a telephone system or telephone exchange. All posts or poles upon which wires are so attached must be of the best quality of white cedar, straight and of uniform dimensions, not less than six inches in diameter at top, and, when set must be not less than twenty-five feet above the sur- face. 538 Sec. 2. All the posts, poles and wires of said system shall be located, placed and put in under the di- rection of the city council of the city, or its committee on streets and alleys, and not otherwise, and none of the same shall be located, put in or placed as to inter- fere with necessary travel, trade or business on the streets, al eys, ways, sidewalks or pavements of the city, CITY OF CARBONDALE 217 or to impede, prevent or interfere with the free flowage of water in or through the gutters, ditches, drains or sewers of the city, and such portions of any such streets, alleys, ways, walks, pavements, gutters, drains or sewers as may unavoidably be excavated, dug up or in any way interfered with in putting in said posts, poles or wires, or other portions of said system, shall, as soon as reasonably practicable, be restored to as good condition as shall be practicable, and all posts, poles, wires and other appurtenances of said system shall be at all times kept and maintained by the said Farmers’ League and Community Telephone Association of Car- bondale, Illinois, and its representatives and assigns, in reasonably good condition, to the end that no inter- ference with necessary trade, travel or business in, or with necessary and reasonable use of, the streets, alleys, ways, walks, pavements, gutters, ditches, drains or sewers be thereby occasioned. 539 Sec. 3. The said Farmers’ League and Com- munity Telephone Association of Carbondale, Illinois, its representatives and assigns, shall establish and main- tain, under proper and reasonable rules and regulations, at some suitable and convenient house, building or place in the city a central office and operator on lines of tel- ephone during all time of its or their enjoyment of the rights and privileges hereby given and granted. 540 Sec. 4. For the purpose of successfully main- taining and operating the said telephone system or ex- change the said Farmers’ League and Community 'Tel- ephone Association of Carbondale, Illinois, or its rep- resentatives and assigns, may establish and maintain reasonable rates of charges or rentals for the use of the instruments to be employed and used as a part of said system, and enforce the collection of the same, provided , such rates of charges shall always be uniform, and shall not in any event, or at any time, exceed the rate or price of one dollar and twenty-five cents per month per instrument. 2 1 8 ORDINANCES OF THE 541 Sec. 5. The rights, privileges and immunities hereby given and granted are not transferable, except upon the following condition, to-wit: The said Farmers’ League and Community Telephone Association of Car- bondale, Illinois, shall first pay into the city treasury of the city of Carbondale, Illinois, the sum of five thousand dollars, lawful money of the United States of America, and any sale, bargain or transfer or lease of the afore- said rights, privileges and immunities hereby given and granted without the payment of the said sum of money into the said city treasury aforesaid shall cause all the said rights, privileges and immunities so given and granted to wholly cease and be determined. 542 Sec. 6. That the said Farmers’ League and Community Telephone Association of Carbondale, Il- linois, its representatives and assigns, shall be required to furnish two telephone instruments, which shall be free, for the use of the city officers, and shall be placed wherever the city council may designate. All bona fide subscribers to this telephone exchange shall have the use of all toll lines owned, operated, connected with, or controlled by this telephone company without charge. 543 Sec. 7. In case the provisions of this ordinance are accepted by the said telephone company within ten days after its passage and approval, the said telephone company must file with the clerk of said city an instru- ment in writing evidencing such acceptance and obligat- ing itself to begin the work of putting in and construct- ing the said system within thirty days thereafter, and to have same in operation and use in said city within six months from the date of such acceptance, and shall pay all costs of passage and publication of this ordinance. 544 Sec. 8. T his ordinance shall be known as Or- dinance No. 296. Passed March 3, 1904. Approved March 9, 1904. Published March 17, 1904. Attest: F. M. Caldwell, E. E. MITCHELL, Mayor. City Clerk. CITY OF CARBONDALE 219 ORDINANCE NO. 220. An Ordinance Regulating the Construction of Privies. Be it ordained by the city council of the city of Carbondale, Illinois: 545 Section i. That all privies hereafter built shall be so constructed that the outside of the same shall be at least three feet distant from the line of every adjoining lot, unless the owner of the adjoining lot shall otherwise agree, and the same distance from the line of the right of way of any railroad running through any part of the city, and a suitable screen or tight fence, at least four feet high, shall be placed between each privy and the adjoining lot or railway right of way. And all privies heretofore built whose construction does not comply with the requirements of this ordinance shall be changed and made to comply therewith, by the owner, agent or occupant of the premises on which the same is situated within thirty (30) days after receiving notice, in writing, from the street commissioner, to make said change or alteration. 546 Sec. 2. That any owner, agent or occupant of premises upon which a privy is situated in violation of section one (1) of this ordinance, after due notice as pro- vided in said section, shall be subject to a fine of not less than three dollars nor more than fifty dollars. Passed June 24, 1897. Approved June 24, 1897. Published June 26, 1897. HUGH LAUDER, Attest: F. M. Caldwell, Mayor. City Clerk 220 ORDINANCES OF THE ORDINANCE NO. 247. An Ordinance Granting a Franchise to Henry C. Curtis, Marion S. Rogers and Stephen D. Underwood to Construct, Maintain and Operate a Railroad Track or Switch. Be it ordained by the city council of the city of Car- bondale, Illinois: 547 Section i. That the right is hereby granted to Henry C. Curtis, Marion S. Rogers and Stephen D. Underwood, their representatives, successors and as- signs, to construct, maintain and operate a railroad track or switch within the limits of the city of Carbon- dale for the period of fifty (50) years from the date of the passage of this ordinance, from a point on the right of way of the Illinois Central railroad to the mill prop- erty and its appurtenances situated on lot number 721 and adjacent lots in said city of Carbondale, Illinois. 548 Sec. 2. That said Henry C. Curtis, Marion S. Rogers and Stephen D. Underwood, their representa- tives, successors and assigns, shall keep open and in good repair all necessary ditches, culverts and drains along and under the tracks within the limits of the said city of Carbondale, Illinois, so that natural drainage of ad- jacent property shall not be impeded; and they shall construct and keep in good repair good and sufficient crossings over their railroad track the full width of the streets over which said railroad switch passes in making the connection mentioned in section 1 of this ordinance, said switch to be on level of street at point of crossing. 549 Sec. 3. Any street obstructed by any car on said railroad track or switch longer than five minutes at a time shall subject said Henry C. Curtis, Marion S. Rogers and Stephen D. Underwood, or either of them, to a penalty of five dollars for each offense. CITY OF CARBONDALE 22 t 550 Sec. 4. This ordinance shall be known as or- dinance No. 247. Passed and approved July 3, igco. Published July 14, 1900. J. M. DILEINGER, Attest: F. M. Caldwell, Mayor. City Clerk. ORDINANCE NO. 303. An Ordinance Providing for the Issue of Bonds of the City of Carbondale in the sum of $55,000.00 to Refund Outstanding Bonds of said City and Provid- ing for the Collection of a Direct Annual Fax to Pay the Interest and Discharge the Principal thereof. Whereas, The city of Carbondale has an outstand- ing legal and binding indebtedness in the sum of seven thousand two hundred dollars, evidenced by bonds of the city bearing date of July 1, 1892, numbered 16, 17, 1 8, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 33, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70, to become due in twenty years after their said date; and Whereas, Said city has a further legal and binding outstanding indebtedness in the sum of forty-eight thousand dollars, evidenced by bonds of the city bear- ing date of January 1, 1895, numbered No. 1 to No. 96, to become due in twenty years from their date, all bear- ing interest at the rate of five per cent per annum, pay- able semi-annually; and Whereas, In the issuing of all of said bonds the city reserved the option and right to redeem and pay off said bonds at any time after ten years from their said dates; therefore, Be it ordained by the city council of Carbondale: 551 Section i. That for the purpose of redeem- ing and paying said bonds and refunding said indebted- ORDINANCES OF THE 22 ~> ness, and reducing the interest thereon, there shall be issued a series of bonds of the city in the sum of fifty- five thousand dollars, consisting of fifty-five bonds of the denomination of one thousand dollars, numbered consecutively from No. i to No. 55, bearing date of Jan- uary 1, 1905, to become due twenty years after their date, to bear interest at the rate of four and one-half per cent per annum from their said date until paid, pay- able semi-annually on July 1 and January 1 of each year, and that both principal and interest shall be pay- able at the Chase National Bank in the city of New York, State of New York; provided , hozvever, that the city of Carbondale reserves the option and right to re- deem and pay one of said bonds on the first day of Jan- uary in each of the years 1906 to 1910 inclusive, and two of said bonds on the first day of January in each of the years 1 9 1 1 to 1920 inclusive, and three of said bonds on the first day of January of the years 1921 to 1925 inclusive; and provided \ further, that said bonds shall be so redeemed in their numerical order, commencing with No. 1, and that notice of the intention to so redeem said bonds, or any of them, shall be deposited with the said Chase National Bank at least six months before such intended redemption. 552 Sec. 2. That said bonds shall be executed in the form, and shall contain recitals, substantially as follows, to-wit: UNITED STATES OF AMERICA State of Illinois No $1,000.00 CITY OF CARBONDALE REFUNDING BOND. Know all men by these presents: That the city of Carbondale, in the county of Jack- son and State of Illinois, for value received, is indebted to and promises to pay the bearer the sum of ONE THOUSAND DOLLARS Lawful money of the United States of America, on the CITY OF CARBONDALK 22 3 first day of January, 1925, with interest thereon at the rate of four and one-half per cent per annum, payable semi-annually on July 1 and January 1 of each year upon the presentation and surrender of the interest coupons hereto annexed as they respectively become due, and both principal and interest are payable at the Chase National Bank in the city of New York, in the State of New York. And the said city of Carbondale is hereby held and firmly bound, and its faith and credit and ail the real and personal property in said city are hereby pledged, for the prompt payment of this bond and interest at maturity. This bond is one of a series of fifty-five bonds of like date and tenor issued by said city of Carbondale in place of, and for the purpose of refunding and extend- ing the time of payment of, a like amount of maturing bonds of said city under and by authority of and in compliance with the provisions of the general laws of Illinois providing for the incorporation and government of cities and villages, and under and by authority of an ordinance passed according to law by the city council of said city on the 3d day of January, 1905. The city of Carbondale reserves the option to re- deem and pay one of said series of bonds on January 1 of each of the years 1906 to 1910 inclusive, and two of said series of January 1 of each of the years 1911 to 1920 inclusive, and three of said series of January 1 of each of the years 192 1 to 1925 inclusive; said bonds to be so redeemed in their numerical order, commencing with No. 1; provided, that said city shall ive notice of its intention to so redeem saul bonds, or any part of them, by depositing such notice with the said Chase National Bank at least six months before any such re- demption. And it is hereby certified, recited and declared that all acts, conditions and things required to be done and to exist precedent to and in the issuing of this bond 224 ORDINANCES OF THE have been properly done and performed, and do exist in regular and due form as required by the constitution and laws of Illinois, and that the indebtedness which is refunded by this series of bonds is a subsisting, consti- tutional and legal obligation of said city, and that the indebtedness of said city, including this series of bonds, does not exceed any constitutional or statutory limit- ations. In Testimony Whereof, said city of Carbondale, by its city council, has caused this bond to be signed by its mayor and countersigned by its clerk, and has caused its corporate seal to be affixed hereto, and the interest coupons hereto attached to be signed by the lithographed signature of its clerk, and this bond to be dated January i, 1905. Countersigned: Mayor. City Clerk. 553 Sec. 3. That the interest coupons to be at- tached to said bonds shall be substantially in the form following, to-wit: INTEREST COUPON. No $ On the first day of 190. ., the city of Carbondale, Illinois, will pay the bearer, at the Chase National Bank in the city of New York, twenty-two and 50-100 dollars, being six months’ interest on its refund- ing bond dated January 1st, 1905. No City Clerk. 554 Sec. 4. That the mayor and clerk be and are hereby authorized, without unnecessary delay, to pre- pare and execute said bonds and coupons and to de- liver them to the holders of the said bonds to be so re- funded on the surrender of said bonds and the unma- tured coupons thereto attached at the Chase National Bank in the city of New York. CITY OF CARBONDALE 225 555 Sec. 5. That there is hereby created a special sinking fund for the payment of the interest to accrue on said bonds and for the redemption of the principal thereof within twenty years, to be known as the “re- funding bond fund,” and to provide said sinking fund there shall be collected annually and paid into the city treasury an amount of taxes sufficient to pay the semi- annual interest to accrue on said bonds as the same shall accrue and the principal thereof within twenty years, as hereinafter provided. 556 Sec. 6. That for the purpose of creating said sinking fund and providing for the payment of the said interest, there shall be and is hereby levied for the year 1905 and for each of the succeeding nineteen years a tax upon all the taxable real and personal property in the city of Carbondale, based upon the advalorem value of said property as shall be shown by the assessment rolls for said years respectively the amounts respect- ively as follows: P'or the year 1905 the sum of $3,475 00 For the year 1906 the sum of 3,430 00 For the year 1907 the sum of 3,385 00 For the year 1908 the sum of 3,340 00 For the year 1909 the sum of 3,295 00 For the year 1910 the sum of 4*250 00 For the year 1911 the sum of 4,16000 For the year 1912 the sum of 4,07000 For the year 1913 the sum of 3,980 00 For the year 1914 the sum of 3,890 00 For the year 1915 the sum of 3,80000 For the year 1916 the sum of 3,710 00 For the year 1917 the sum of 3,620 00 For the year 1918 the sum of 3,530 00 For the year 1919 the sum of 3,440 00 For the year 1920 the sum of 7,350 00 For the year 1921 the sum of 7,080 00 For the year 1922 the sum of 6,810 00 For the year 1923 the sum of 6,540 00 For the year 1924 the sum of 6,270 00 226 ORDINANCES OF THE And that the sums so levied shall be collected ac- cording to law and credited to said sinking fund, and shall be used and applied to the payment of said interest and the redemption of said bonds, and to no other purpose. 557 Sec. 7. That this ordinance shall take effect and be in force in ten days from and after its passage, approval and publication. 558 Sec. 8. This ordinance shall be known as Or- dinance No. 303. Passed January 3, 1905. Approved January 3, 1905. Published January 5, 1905. E. E. MITCHELL, Attest: F. M. Caldwell. Mayor. City Clerk. ORDINANCE NO. 312. An Ordinance in Relation to the Distribution and Sale of the Revised Ordinances of the City of Carbon- dale, Illinois. Be it ordained by the city council of the city of Car- bondale, Illinois: 559 Section i. The revised ordinances of the city of Carbondale, published in book form by authority of the city council of said city, as revised to date by City Attorney Thomas B. E. Smith, shall be and the same are hereby ordered to be distributed or sold, as the case may be, in the following manner, to-wit: One complimentary copy shall be given to each of the pres- ent city officers and the same shall be by them pre- served and delivered to their successors in office, re- spectively, in the same manner and to the same effect as other property of the city; twelve (12) copies shall be set aside to be available for free distribution and in- terchange with* other neighboring cities; the remaining number of the edition of two hundred and fifty (250) CITY OF CARBON DALE 227 copies shall be turned over to the city clerk for safe keeping, and the city clerk is hereby given power to sell the same at the rate of one dollar per copy to any person or persons who may wish to purchase the same. 560 Sec. 2. All the money derived from the sale of the Revised Ordinances of the City of Carbondale under the provisions of the preceding section shall be turned into the city treasury, and the city clerk shall report the same to the city council at its first meeting thereafter. 561 Sec. 3. This ordinance shall be in full force from and after its passage and publication. 562 Sec. 4. This ordinance shall be known as Or- dinance No. 312. Passed October 10, 1905. Approved October 10, 1905. Published November 2, 1905. C. E. WHITE, Attest: F. M. Caldwell, Mayor. City Clerk. CERTIFICATE. STATE OE ILLINOIS, ) Jackson County. > ss. City of Carbondale, ) I, the undersigned, F. M. Caldwell, city clerk of the city of Carbondale, Illinois, do hereby certify that the foregoing pages, 181 to 227, of this book are a true, full and correct copy of certain special ordinances of said city (except as to the omissions expressly noted) passed, approved and published at the respective dates noted at the foot of the ordinance, as the same appear of record on the records of said city in my office and of which I am the legal custodian. Witness my hand and the seal of said city this 2d day of November, A. D. 1905. [Corporate Seal.] E. M. Caldwell, City Clerk. 228 ORDINANCES OF THE GENERAL INDEX TO REVISED ORDINANCES. [The references are to the section number in the left hand margin.] ABSENCE- W hat Attorney to do in 138 Of appointive officer _ 113 ACCESSORIES Penalty 347 ACCOUNTS- City Attorney to keep 137 Officers to keep __ 114 Treasurer to keep separate account 412 ADULTERATION —Of food, candy, milk, etc" 314 ADULTERY- Disorderly house for 299 House for practice of 307 ADVERTISING — For city contracts 146 For impounded animal 6 AFFIDAVIT— For continuance 355 Proof by affidavit 250 AFFRAYS AND PENALTY 287 ALDERMEN- Compensation of 188 Exempt from street labor 117 Not commissioned by clerk 110 Conservators of the peace .. 108 Penalty for not attending council meeting 85 ALLEYS— What a nuisance in 268, 389 Not to obstruct with cars 370 AMUSEMENTS- Keeping open on Sunday 316 License required for what .. 54 Penalty 55 Tax amount, classification . 56 Order preserved, special police 62 Disorderly conduct, etc 63 ANIMAL MATTER— (See nuisances) 268, 269 CITY OF CARBONDALE 22Q ANIMALS, DOMESTIC— Kinds not to run at large 1 Penalty 2 Poundmaster, appointment and pay 3 City Poundmaster to establish a pound 4 Animals to be impounded 5 Notice of impounding, when given . .. .. 6 Impounded animal, how redeemed 7 Proceeding to sell 8 Unknown owners, proceeding when 9 Duty of officer to post notice 10 Hearing before Magistrate 11 Personal judgment, when, special execution 12 Sale, return of execution, surplus of sale 13 Fees, proviso _ 14 Breaking pound, rescuing animal, penalty 15 Obstructing officer, penalty 13 Using animals, penalty - - 17 Using or abusing impounded animal ___ 18 Teams or animals to be made fast 19 Obstructing sidewalks or streets with 20 Tethering out, penalty 21 Hitching to shade trees 22 Penalty 23 Officers charged with enforcement 24 Dead animals, who to remove, penalty 25 Duty of Street Commissioner 23 Dogs, tax on, when and to whom paid __ 27 City Marshal to make list, etc 28 City Marshal to provide collar __ _ 29 City Clerk to purchase collar 30 Dogs to be muzzled, penalty 31 When bitch not to run at large, penalty 32 Dangerous dogs prohibited, penalty 33 When tax paid, duty of Marshal 34 What dogs exempt 35 Fee for collecting and killing - _ . 33 Marshal to pay money over, when 37 Fee for impounding 38 Cruelty to, manner, penalty, prosecution 39, 40, 41. 42. 43 Animals found standing, etc, duty of Police 44 No butchering of animals, penalty - 45 Not to keep butchering pen, penalty, proviso 43 APPEALS In city cases 337 City Attorney to report to City Council . _ 137 APPOINTMENT - Of Sexton .. 102 Of day Marshal..- - 102 Of night Marshal . 102 Of Street Commissioner 102 Of City Jailer 102 Notice of appointment of Judges and Clerks, etc 133 APPRAISEMENT— Of wearing apparel, bedding, etc 221 23O ORDINANCES OF THE APPROPRIATION — Amounts specified 405 Treasurer to set apart 410 APPROVAL- Of ordinances 273 AQUARIUM - License of 58 ARREST— Attempting to prevent, penalty 121 Refusing to assist in, penalty 122 Warrant for, when may issue 350 Without warrant 351 ARMS - Going about arrfied, flourishing, penalty 293 Carrying concealed, penalty 294 Assault with, penalty 349 ASHES— (See nuisances) 268, 269 ASSAULT AND BATTERY— Penalty 286 ASSAULT WITH DEADLY WEAPON- Penalty 394 ASSEMBLY - Penalty for unlawful 288 Disturbing religious or other assembly, penalty 291 ASSIGNATION HOUSE - Penalty for keeping 307 Disorderly house of 306 Frequenting such house, penalty 308 ATTEMPT- Penalty 348 ATTORNEY Qualifications of 136 To advise City Council 137 Absence, what to do 138 May dismiss suits, when 139 Compensation and fees of 190, 275 Report of, what it shall show , 380 Amount of official bond 103 To draw all ordinances, contracts, etc 275 AUCTIONEERS AND AUCTIONS- License required -• 47 Taxes on, classification 48, 49, 50, 51 Hawkers, who are 52 Penalty for violating 53 AWNINGS -When a nuisance Clause 19, 268 BALL ALLEY- License required 54 Amount of license 59 BELL- Persons running engine to ring bell 373 When required on vehicles 422 BALLOT BOXES Clerk to secure, how used, etc._ 167 BARBED WIRE — Fences of, prohibited — 419 Railings not to have 418 CITY OF CARBONDALE 23 I BEGGARS - Prohibited 326 BILL POSTERS- License of 245 BITCH — Not to run at large when in heat 32 BILLIARD TABLES- License required, penalty 64 Application, to whom, how 65 Bond required.- 66 What license shall state 67 How conducted, penalty 68 When to open and close 69 Amount of license 70 Mayor may revoke, when 71 BOND Of City Jailer - 226 To accompany bids 148 Required of contractor, when 149 Approval of by the Mayor 258 To be submitted to council 265 Of city officers form of j 103 Officers not to go on each others’ bonds 112 Of pawnbroker 250 BURGLAR TOOLS — Penalty for possessing 341 BURNING— Papers, Shavings, etc., prohibited 345 BETTING— On result of election, penalty 179 BOOSTERS -Penalty 319 BOARD OF HEALTH - Who compose, powers 214, 215, 216 Who to execute orders of, proceedings 217 Penalty 218 May order destruction of wearing apparel 221 Further powers of board 222 May prohibit unwholesome articles of food 223 May abate nuisance : 269 BOUNDARIES OF CITY What are 72 BRIBERY — Of Councilmen, penalty 100 Councilmen accepting, penalty 101 Of Councilmen to award contracts, Councilmen accepting, penalty . 155 Attempting to bribe in election.- 176 Accepting bribe, etc... 177 Of Mayor, penalty, Mayor accepting, penalty 267 BUCTHERING - Prohibited within city limits, penalty 55 Not to keep butchering pen, etc., penalty 46 CANVASS 169 CARBONDALE HOSE COMPANY— Powers and duties of 210-213 CARRYING CONCEALED WEAPONS-Penalty 294 CAPPERS Penalty-. 319 232 ORDINANCES OF THE CEMETERIES - Cemetery established, boundaries 78 Plot recorded, how changed _ 7'i Committee to manage 80 Sexton, appointment of, duties 81 Application for lots, how sold 82 Cemetery fund, how expended, etc 83 City Clerk to keep record, etc 84 Burial permits required, contents 85 Sexton to require permit, penalty, return of certificate 86 Fees of Sexton and Clerk 87 Fees for single grave, etc.___ __ 88 Interments prohibited where, proviso, penalty 89 Injury to monument, etc., penalty 90 Hunting, etc., in cemeteries prohibited 91 Committee on __ 98 Plats, who shall keep 84 CENSUS- When taken, what shown by 156 Fiscal year, when begins 157 Municipal year, when begins ' 158 CHEATING— Penalty 315 CHURCHES Boys not to loiter about, penalty 342 CIRCUSES License for 58 CITY TREASURER- Must keep separate account of cemetery fund 83 Bond of 103 Duties of ___ 131 Report of, what to show 132 Animal report, what to show 133 Warrants drawn on 134 Penalty for failure to perform duty 135 CITY CLERK - Bond of 103 To keep cemetery records, etc 84 To keep record of burial permits 85 Custodian of city seal 77 Salary of 189 To sign license and keep record 260 Duty as to approved ordinances 273 General duties of 130 To purchase dog collars- 30 To notify persons elected to office, when 173 CITY ATTORNEY— (See Attorney) CITY JAIL AND JAILER — Location of, further provisions 224 Office of jailer created, term 225 How and when appointed, oath, bond. . - 226 Jailer ex-officio policeman, other duties 227 To receive prisoners, rate to discharge 228 May cause prisoners to labor, refusal of- - 229 Shall keep record of prisoners - . 230 Can not discharge prisoners, liability and penalty . 231 Sanitary condition of jail and prisoners 232 City Council may establish rules- - 233 Physician, when may employ 234 Committee to visit and report . 235 Manner of treating prisoners, penalty 236 Committee on, duties of 98 Fees of 194 CITY POUND- Poundmaster to establish 4 Breaking of, penalty - 15 CITY PROPERTY- VVhat is 74 Conveyance by city, by whom executed 75 CITY CONTRACTS- To be let to the lowest responsible bidder _ __ 145 How to let, advertisement, contents of _ 146 Special committee on printing, duties of . .. . 147 Bids, bond with, conditions. __ 148 Opening bids, contract, bond . 149 Failing to comply with bids, suit, advertisement 150 Cancelling contract, further proceedings .. . 151 Contracts without advertising .. 152 Officer not interested . _ 153 Preventing bidding, penalty _ 154 Bribing councilmen, etc., penalty _ 155 CITY COUNCIL — Regular meetings, time of 92 Special meetings, where held, time of 93 Special meetings, order for, notices .. . 94 Quorum, failing to attend, etc., penalty ... _. 95 Votes by ‘'yeas” and '‘nays,” call of roll 96 Report laid over, what to be done . .. 97 Committees, what and how composed, duties of 98 Standing committees, appointment of, etc _. . 99 Offering bribe to councilmen, penalty .. 100 Councilmen accepting, penalty . . _ 101 To fix time for taking testimony on election contest - _ 183 CITY OFFICERS THEIR DUTIES AND OFFICIAL BONDS. What officers provided for _ . . . . 102 To take oath and give bond, form of bond 108 Oath of office, when filed . . 104 Who eligible to office . .. _ 105 Officer not to be interested in contract 106 Other office, officers not to hold 107 Officers to be conservators of the peace __ 108 Constable and Sheriff, jurisdiction of ... . . 109 Officers to be commissioned, what, form of . 110 Oath of office, form of 111 Officers not to be surities for each other. 112 Appointive officer, what do when-absent 113 Account of moneys received . .... .114 Records _ 115 Registrations, when filed 116 Officers exempt from street labor .... 117 Elective officers, when to assume office ... 11.8 ORDINANCES OF THE 2 34 Misconduct, failure to deliver books, penalty 119 Vacancy in office of police magistrate, how filled 120 Falsely pretending to be officer, penalty 121 Refusing to join posse, penalty 122 Mayor, qualifications of ... 123 Vacancy, how filled 124 Mayor pro tem., when and how provided for 125 Mayor to preside, when to vote 126 Appointive officer, removal 1 27 May release prisoners 128 Other duties of mayor 129 Duties of city clerk 130 Duties of city treasurer 131 Report of, what to show 132 Annual report, what to show. 133 Warrants, by whom signed and issued 134 Penalty ... 135 City attorney, duties, qualifications and authority of __ 136 To advise city council, etc. 137 When to be absent, what do 138 City Attorney may dismiss suits, when 139 Day Marshal, duties of. . 140 Night Marshal, duties of ... 141 Street Commissioner, duties of . ... 142 Further duties, powers of 143 Duties of Sexton 144 COLLECTORS— To settle with treasurer, when 409 CONFIDENCE GAME-Penalty 319 COMPENSATION - For wearing apparel, bedding, etc. . _ 221 COMMITTEES — On cemeteries 80 Standing committees, duties of ... 98 Standing committees, appointment of 99 Special committee on printing 147 COMMISSIONER, STREET— Duties of 398 CONSTABLE -Jurisdiction of 109 CONTINUANCE— (See Penal Code) 355 COCK FIGHTING— Prohibited. 311 CONVEYANCE BY CITY— By whom executed 75 COSTS- (See Penal Code) 358 Attorney’s and other fees as part of costs • 190 City not to pay costs 365 When prosecutor to pay 366 Mayor not to remit ___ 368 Costs other than by ordinance 369 Costs for hospital expenses, etc 215 CONCEALED WEAPONS - Carrying of prohibited 294 Flourishing 293 COMMITMENT (See Penal Code) 364 CITY OF CARBON DALE CORPORATE SEAL- Design of 76 Where kept, to what attached 77 CONTEST OF ELECTIONS — Who may contest, where heard 180 Statement filed, points stated 181 Statement to be served, how 182 Council to fix time for taking testimony, how taken 188 Within what time testimony filed, hearing by Council 184 Rights of parties to the contest . 185 Returns of elections to be preserved, how long 186 COMMUTATION - When to be done 395 When to be paid __ 897 CORPORATION— When defendant, procedure 361 COMPLAINT — Form of 350 CROSSINGS — How maintained, etc 371 CRUELTY TO ANIMALS Manner, penalty, prosecution 39, 40, 41, 42, 43 Animals found standing, duty of police. 44 CURFEW Provisions concerning 415 DEAD ANIMALS - Who to remove 25 Duty of Street Commissioner 26 DISTURBING THE PEACE 290 Religious or other assembly J 291 Disturbing funeral 292 Provoking a breach of the peace 289 Peace and quiet of private family 291 DAY MARSHAL- Salary of._ 191 Duties of 140 To provide list of dogs, etc 28 To provide collar 29 DAIRIES Prohibited, penalty 416 DISORDERLY HOUSE— 306 For idleness, gaming, etc., penalty 299 DEFAULT— 354 DOLL RACK— License of 242 DEPOTS — Idling about prohibited 321 DOGS- Not to be left tied, when 324 Procuring to fight prohibited 311 Tax on, when and to whom paid 27 City Marshal to make list 28 City Marshal to provide collar 29 City Clerk to purchase 30 Dogs to be muzzled 31 Bitch not to run at large, when_ _ 32 Dangerous dog prohibited 33 ORDINANCES OF THE 23 6 When tax paid, duty of Marshal 34 What dogs exempt 35 Fees for collecting and killing 36 Marshal to pay money over, when 37 Fee for impounding 38 DRAYMEN -License of 159, 246 DRUNKENNESS - Penalty 303 Disorderly house for 299 DYNAMITE STICK-Prohibited 304 ELECTIONS— Time of 163 Who may vote, where 164 Places foe holding, Judges and Clerks, when appointed 165 Notice of appointment, Clerk to give, Marshal to serve 166 Election notices, Clerk to give, contents of, ballot boxes 167 Duties of Judges and Clerks 168 Poll books, tally list, canvass 169 Fees of Judges and Clerks 170 Misconduct of Judges and Clerks, penalty- _ 171 Election returns, what done with, etc 172 Tie, notice, mode of determining 173 No liquor sold nor saloon open 174 Illegal voting, etc, penalty 175 Bribing, attempting to bribe, etc . 176 Accepting bribe, penalty- __ - 177 Contesting elections, elections void when 178 Betting on result, penalty .. 179 Who may conte>t, where heard 180 Statement to be filed, points stated 181 Statement to be served, how 182 Council to fix time for hearing 183 How testimony taken 184 When to be filed, hearing by Council 185 Rights of parties to contest __ 186 Returns of elections, etc., preserved 187 EVIDENCE -Time to procure 352 FEES AND SALARIES - Salary of Mayor, payment 187 Salary of Aldermen . _ _ 188 City Clerk, salary of 189 City Attorney, fees of 190 Day Marshal, salary and fees of 191 Street Commissioner, salary of 192 City Treasurer, compensation of 193 City Jailer, fees of- 194 Night Marshal, salary and fees of 195 Sexton - 196 How salaries paid . . - _ 197 Proviso - 14 For collecting and killing dogs - 36 For impounding- . _ 38 CITY OF CARBONDALE 237 FENCES Height of regulated 417 Railings not to have barbed wire 418 Barbed wire prohibited --------- -- . 419 FINES How collected - . . 384 To be paid into city treasury. 362 Disposition of fines, etc - 365 Mayor not to remit fine _ _ 368 FINANCE COMMITTEE — Duties of 98 How appointed . 99 FISCAL YEAR— When begins - 157 FIRE ARMS AND FIREWORKS Prohibited 304 FIRE CRACKER, GI ANT-Prohibited 304 FIREMEN Exempt from street labor. . 117 FIRE DEPARTMENT Fire limits _ 199 What included in fire limits . ... 200 Repair of buildings within 201 Penalty 1 202 Nuisance, proceeding, etc . 203 Combustible material prohibited 204 Combustibles on own premises, penalty 205 Chimneys, openings, etc., how arranged 206 Stove, not near woodwork, etc . 207 Stove pipes, how arranged . 208 Penalty 209 Fires and fire company 210 213 FIRE LIMITS 199 A hat included in ___ _ 200 Repair of buildings within 201 Penalty 202 FIRES AND FIRE COMPANY 210 213 FOODS Adulterating prohibited 314 Not to sell diseased _ _ ... 333 FORNICATION Penalty . 307 House for encouraging 299 FRANCHISES -Application for and notice ____ 198 FUNERAL -Penalty for disturbing 292 GALVANIC BATTERY License of 242 GAMING Penalty .312 Keeping house for _ 313 GATES— Not to swing over sidewalks 425 GRAVES- Fee for single- when and to whom paid . _________ 88 Other fees for 87 General Penalty 276 ORDINANCES OF THE 238 GUIDE BOARDS— To be maintained where.. 391 HACKMEN -To have license — amount required 159 HALLS .License required for theater purposes 241 HAWKING— License required 47 Taxes on classification 48-51 Who are hawkers 52 Penalty 53 HOTEL RUNNER - License of. 160 To display number of license on his person 161 Penalty 162 HEALTH Board of— Who constitute - powers 214 Further powers - hospitals — costs.. _ 215 Further powers - cleansing of premises 216 Duties of city marshals and city clerk 217 Penalty . 218 . Diseased person abroad penalty 219 Dress changed Report of physician 220 Wearing apparel destroyed - Appraisement, etc 221 Further powers of board . 222 Unwholesome articles prohibited. 223 HIPPODROME -License of 58 HOUSES- To be numbered, size of figures System of numbering How many numbers per block, proviso Gaming houses prohibited, penalty Of ill fame prohibited Disorderly prohibited For encouragement of idleness, etc._ HITCHING-Forbidden to HUNTING -In cemeteries, prohibited . 91 HOSPITALS -Board of health may establish 215 ILLEGAL VOTING Penalty for 175 INTOXICATING LIQUORS— (See Ordinance 301) IDIOTS AND LUNATICS— Not to be released 359 To be provided for 413 Duty of officer 414 IDLERS— Penalty 400 JUDGES AND CLERKS OF ELECTIONS - Duties of 168 Appointment . . 165 Notice of appointment 166 Fees of_. _ ___ ... 170 Misconduct of, penalty . 171 JAIL AND JAILER -(See City Jail and Jailer) 224 392 393 394 313 307 306 299 CITY OF CARBONDALE 23Q JUDGMENT AND COSTS- (See Penal Code) 358 Personal judgment, when 12 KNIFE RACK— License of . . 242 LABOR, STREET- (See street labor) 395-403 Fines paid by 364 LEWD PLAY Prohibited 310 LICENSES— Required 237 Applicant must register name 238 Tax amount of classification 239-249 Bond required of pawnbrokers 250 Record daily report to day marshal 251 From whom property shall not be received 252 Police to report violations 253 Revocation 254 To expire with municipal year . 255 Penalty 256 (See chapter on amusements) 54-63 Plumbers to be licensed (see ordinance 290.) Auctioneers.-. 47-51 Hawking— what are 52 Penalty for violation 53 Pawnbrokers, license of... 243 Pawnbroker must keep record book 251 Pawnbroker’s books must be kept open 251 Mayor to approve bond . 250 Saloons to be licensed (see ordinance No. 301 ) Peddlers to be licensed 277-283 Scales, lumber yards and livery stables to be licensed 386-388 Draymen, hackmen and hotel runners to be licensed 159-162 Billiard tables to be licensed 64-71 Dogs to be taxed 27-38 Order for— mayor to Lsue 257 Bond approved before order issued 288 Order not transferable- affidavit. . 259 Clerk to issue -receipt book 260 Fees paid treasurer — receipt indorsed 261 License not transferable- include but one 262 Subject to revocation— mode of . 263 From what time void - penalty 264 Bond submittodto council- Proceedings 265 What not to license— penalty 266 Bribing mayor -mayor accepting— penalty. 267 LOAFERS— Prohibited .325 LIFTING APPARATUS— License for 242 LOTTERIES -Prohibited _ 343 LUMBERYARDS License for— penalty .386-388 LUNG TESTER License for 242 MAPS— Official of city 284 240 ORDINANCES OF THE MAGISTRATE - Report of, what show 381 Vacancy in office of 120 MALE ANIMALS — Exposing on streets prohibited 310 MALICIOUS MISCHIEF 238 239 To sidewalks, etc 238 MERRY-GO-ROUND— License of. 60 MAYOR- Salary of, when payable 187 Qualifications of 123 Vacancy, how filled . 124 Mayor pro tem 125 Mayor to preside, when to vote. 126 When to remove appointive officer _ 127 May release prisoner 128 Other duties 129 To approve pawnbroker’s bond 250 Approve license bonds 258 May revoke, mode of _ 263 Bribing Mayor, accepting penalty 267 Must submit license bond to council 265 Bond of 103 To appoint certain city officers 102 Not to hold other office 107 To be conservator of the peace 108 Exempt from street labor 117 Not to remit fine or costs 368 Report of — what to show 376 May give casting vote in case of tie 270 To approve ordinances 273 MINORS— Loitering on streets forbidden. __ 415 MENAGERIES License of - 58 MITTIMUS — Form of 364 MONUMENTS -Injury to penalty 90 MUNICIPAL YEAR When begins - 158 License to expire with 255 NAMES OF STREETS Changed and named 390 Guide boards to be maintained-- - - --- 391 NIGHT MARSHAL- Salary of . 195 Bond of. ... __ . 103 Duties of . 141 Report of -to be under oath . _ ... 382-385 To be appointed by mayor - - - - — 102 NOTICE Of impounding when given . - - - 6 Officer to post - 10 Of council meetings.. .94 F.lection of Appointment of judges and clerks. Clerk to notify persons elected when 173 CITY OF CARBONDALE 241 Franchise notice 198 To abate nuisance_-_ 269 NUISANCES — What is, classification 268 Penalty, order to abate, proviso 269 When animal at large a, conditions 1 When building becomes 203 NUMBERING HOUSES System of _ 393 Size of figures 392 Number per block, proviso 394 OATH - Of officer, when filed 104 Form of 111 What reports under oath 385 Of City Jailer 226 OBSCENE LITERATURE OR PICTURES- Prohibited, penalty____ 305 OFFICERS— City officers enumerated 102 To take oath and give bond 103 Form of bond and amounts _ 103 Oath administered by City Clerk ' 104 Not to be interested in contract 106 153 Who eligible 105 Not to hold other office 107 To be conservators of the peace 108 jurisdiction of Constable and Sheriff 109 To be commissioned, form of 110 Form of oath 111 Not to be sureties for each other 112 Appointive officer, when absent 113 Must give account of moneys received 114 Resignations, where filed 116 Exempt from street labor 117 When to assume office 118 Misconduct, penalty 119 Pretending to be an officer, penalty 121 To make reports to council 375 OFFICIAL MAP— (See plats) 284 OMNIBUSSES— License for 159 OPERA HOUSES— License for 57-241 ORDINANCES- Manner of recording and publishing. 270 When to take effect 271 Rules of construction 272 How passed, approved, etc 273 Fines not released - 274 City attorney to draw, etc 275 General penalty 276 Committee on, duties of 98 Publication ordinance __ 179 Distribution ordinance (See ordinance No. 312.) Must be passed for sidewalks .. . 404 242 ORDINANCES OF THE PAINTING— On sidewalks prohibited 424 PAWNBROKERS- License of 243 Condition of license, bond 250 . Must keep record, report to marshal 251 From whom property not to be received 252 Police to report violations 253 When license to expire 255 Penalty 256 PEDDLERS- License of, exception 277 Fees for, classification . 279-280 License to company, restriction 281 Peddling without license, restriction.- 282 Violation, forfeiture, penalty __ 283 PEELINGS— Not to be thrown on sidewalks _ 423 PENAL CODE AND PRACTICE— Assault, assault and battery, penalty 286 Affrays, penalty 287 Unlawful assembly, penalty 288 Provoking a breach of the peace, penalty 1 289 Disturbing the peace, penalty 290 Disturbing religious or other assembly, penalty 291 Disturbing funeral 292 Going about armed, flourishing, penalty 293 Carrying concealed weapons, penalty 294 Immoderate driving and racing, penalty 295 Routs and riots, penalty 296 Not permitted to lounge on streets, penalty 297 Vicious or mischievous animals 298 Disorderly house for gaming, etc 299 Throwing stones in public places 300 Climbing on vehicles while in motion. 301 Playing or pitching ball prohibited 302 Drunkenness, penalty. __ ... 303 Firearms, fireworks, prohibited 304 Obscene literature prohibited 305 Disorderly house, penalty 306 Fornication, house for practice of 307 Frequenting house of ill-fame 308 Prostitutes, street walkers, penalty 309 Indecent exposure of animal, penalty — 310 Cock fighting, etc., prohibited 311 Gaming, penalty . 312 Keeping gaming house prohibited. 313 Adulterating foods, penalty 314 Cheating by false weights and measures 315 Amusement, keeping open on Sunday 316 Appearing in strange dress -- 317 Indecent exposure of person 318 Confidence game, cappers, etc --- 319 Women frequenting wine rooms, etc., prohibited. __ 320 Idling about depots. 321 Loitering of females on streets ... 322 Collecting crowd on sidewalk, dispersing 323 CITY OF CARBONDALE 243 Dag, whelp or other animal not to be left tied 324 Loafers, beggars, etc., prohibited 325 Aiding prisoner to escape 326 Bicycle, etc., prohibited, penalty 327 Tormenting children, penalty 328 Hitching on sidewalk prohibited, penalty 329 Hitching, what prohibited 330 Not to obstuct streets, penalty 331 Injury to sidewalks and crosswalks 332 Sale of diseased meats prohibited 333 Defacing posters, etc., prohibited 334 Encroaching on sidewalks prohibited 335 Turning hose on person or premises 336 Posting bills, etc., prohibited 337 Malicious mischief 338 Trespass, penalty 339 Sling-shots, etc 340 Possession of burglar tools 1 341 Loitering of boys about churches, 342 Lotteries, penalty 343 Vagrants, penalty 344 Burning papers, shavings, etc., in public place 345 Straw, etc., not to be strewm near building, 346 Accessories, penalty 347 Attempt, penalty 348 Assault with deadly weapon, penalty 349 Process, summons, warrant, complaint, form of complaint 350 When warrant to issue, duty of marshal 351 Trial time to procure evidence, recognizance 352 Recognizance, form of 353 Default, scire facias, trial 354 Continuance, affidavit, recognizance 355 Change of venue 356 Jury trial, verdict 357 Judgment, costs 358 What persons not released 359 Persons kept over Sunday, recognizance 360 When defendant is corporation, procedure _ 361 Fines to be paid into city treasury 362 Vexatious suits, duty of city attorney 363 Mittimus, labor on streets, continuance, form of mittimus 364 Disposition of fine, city not to pay costs , , , 365 When prosecutor to pay costs 366 Appeals 367 Mayor not to remit fine or costs 368 Process other than by ordinance, fees 369 PENALTY - General 276 PHYSICIANS— When. to be employed 222 234 To be on board of health , 214 To report persons sick, when 220 PIN ALLEY License of 54 PLATS Official of city, what declared .... 284 To be approved by city council, etc , 285 244 ORDINANCES OF THE Of cemeteries recorded, how changed 79 City Clerk to keep plats 84 PLUMBERS— Must have license 505 (See Ordinance No. 290) 478 516 POSTING BILLS— Penalty 837 Defacing posters, etc 334 POSSE— Penalty for refusing to join 122 POUNDMASTER- Appointment of, compensation 3 To establish city pound 4 Shall impound animals, when 5 To give notice of impounding, when 6 Fees of 14 Not to use animals, penalty 17 Shall not abuse or neglect animal 18 POLL BOOKS 169 POLICE— Salary of - 191 195 POLICE MAGISTRATE— Report of, what to show 381 Vacancy in office of, how filled 120 PRINTING -Special commmittee on, duties of 147 PRIZE FIGHTING- Prohibited 311 PROCESS- (See penal code) PROSTITUTES Penalty PROPERTY, CITY — What is Conveyance of, by whom executed PUBLIC HIGHWAYS What are PUBLIC IMPROVEMENTS Contract let for How to let for, advertisement, contents of PUPPETS-License of railroads Speed allowed, obstructing, limits Crossings, How maintained Street Commissioner to notify agent, when, forfeiture Ringing bell and blowing whistle Must keep lights, how and when. Idling about depots prohibited Persons not to board cars, etc., in motion RACING OR FAST DRIVING PROHIBITED REDEEMING Of impounded animal, how RECOGNIZANCE Form of Default on, scire facias 350 309 74 75 389 145 146 54 370 371 372 373 374 321 321 295 8 353 :'54 CITY OF CARBONDALE 245 Continuance on, etc Of persons over Sunday REFEREE Appointment, when and how made. REPORTS- Of city officers under oath City officers to make, when Mayor’s report, what show Clerk’s report, what show Treasurer’s report, what show__ Annual report of treasurer Attorney’s report, what show Magistrate’s report, what show Marshals’ reports, what show Street commissioner’s report, what show Of hospital physician Pawnbrokers to report to day marshal REVISED ORDINANCE Publication authorized, (see page) Manner of recording and publishing When to take effect Rules of construction How passed, approved, etc Fines not released City attorney to draw General penalty REVOCATION Licenses subject to RIOTS ROPE WALKING - License of SALARIES How paid (See also fees and salaries) __ SALOONS — (See ordinances 301 and 311J 190 SALE Surplus of SCIRE FACIAS- (See penal code) SEAL, CORPORATE Design of. Where kept, to what attached SEXTON- Compensation of 87, 88 Duties of. 81 To require permit . Appointment of 102 To give bond, amount, form of. SHERIFF AND CONSTABLE Jurisdiction of SEWERS (See ordinance No. 290) 478 Not to be obstructed clause 0 SHOOTING GALLERY- License of _ Amount of license required 355 360 201 385 375 376 377 378 379 380 381 382 383 220 251 179 270 271 272 273 274 275 276 254 296 242 197 187 193 13 354 76 77 197 144 87 81 103 109 516 268 54 59 ORDINANCES OF THE 246 SHOWS- License of 54 241 Amount of license required 57 58 Indecent or immoral forbidden 310 SIDEWALKS — Ordinance must be passed for 404 Gates not to swing over 425 Penalty for injuring 331, 332 338 Banana peelings prohibited on 423 Painting on prohibited 424 Encroaching on prohibited 335 Not to hitch on 329 Bicycles, etc., prohibited on 327 Collecting crowd on, penalty 323 Obstructing with teams, etc___ 20 Obstructing by tethering out 21 Penalty 23 Other provisions (See chapter on nuisances.) SKATING RINKS License of 240 SLING SHOTS-Penalty 340 SLAUGHTER HOUSE- Prohibited in city limits . 45 43 Other provisions (See nuisances) 268 SPECIAL EXECUTION Return of 12 STRAW AND SHAVINGS— Not to be strewn near building STREETS - Changing names and naming __ . Guide boards to be maintained ... Houses numbered, size of figures System of numbering How many numbers per block, proviso Not to obstruct, penalty Loitering of females on prohibited Walkers on, penalty Playing or pitching ball in Not to lounge on Fast riding and driving on Plats to conform to Awnings over prohibited STREET COMMISSIONER— Duties of as to street labor Appointment of, duties Bond of, amount To remove dead animals, etc Salary of Report of what show Annual report of Street Commissioner STREET LABOR Street labor, who liable for, exemption, number of days 395 Notice to work, how given 396 Commutation, when to be paid-. 397 Duty of Street Commissioner 398 Full number of days, etc., penalty . - - 399 142, 143, 398 102 103 26 192 382 384 . 346 39) . _ 391 392 .. 393 394 331 322 __ 309 ... 302 297 .. 285 285 CITY OF CARBONDALE 247 Idlers, penalty 400 Suit, disposition of, penalty-- 401 Teams, how procured 402 When work to be done 403 Prisoner to labor, etc 364 STRANGE DRESS- Appearing in prohibited, proviso 317 STREET WALKERS Prohibited, penalty 309 SUNDAY- Amusement, keeping open on Sunday, penalty 316 Selling liquor, etc., on Sunday prohibited- 467 470 Persons kept over Sunday, recognizance 360 SUMMONS 350 SWINGS — License of 54 242 Penalty 55 256 TALLY LIST 169 TAX - Owner of dog to pay 27 When to be paid 34 Marshal to pay tax over, when 37 TAXES Appropriations, amounts specified 405 Levy, when and how made 406 Copy to be filed with County Clerk, extension 407 How collected 408 Collector to settle with Treasurer, when 409 Appropriations, Treasurer to set apart 410 Must be uniform, exemptions 411 Separate accounts, credits given 412 TEAMS To be made fast 19 Obstructing sidewalks or streets with 20 How procured for street labor 402 Tethering out 21 Hitching to shade trees 22 Penalty 23 Officers charged with enforcement--- 24 TETHERING OUT Penalty for 21 THEATRE —License of 57 241 THEATRICAL TROUPE - License of 54 241 Amount of license 57 TREASURY- Warrants on, by whom signed and issued-. 134 How salaries to be paid from 197 Fees to be paid into 261 Fines to be paid into 362 365 Reports to show condition of, etc 378 379 Penalties turned into 401 Taxes turned over to 408 Marshal to pay moneys over to 37 248 ORDINANCES OF THE TREASURER. CITY— To keep separate accounts of cemetery fund .- 83 Bond of, form of bond 103 Duties of 131 Report of, what show 132 Annual report of, what show 133 Warrants drawn on 134 Penalty 135 TRESPASS -Penalty 339 TRIAL— (See Penal Code) 352 354 TRIAL BY JURY — (See Penal Code) 357 UNLAWFUL ASSEMBLY 288 VAGRANTS Penalty, who are 344 VEHICLES— Keep to the right, not allowed on sidewalks 327 420 Speed of, fast driving 295 421 Lights, horns on, etc 422 VENUE-Change of 356 VERDICT 357 VETO- Mayor may 273 VEXATIOUS SUITS -Duties of City Attorney in 363 VOTING ILLEGAL- Penalty 175 By “yeas” and “nays” roll call.- : - 96 WARRANTS 350 When to issue, duty of Marshal 351 WARRANTS ON TREASURY By whom signed and issued 130 134 WARDS - Number and boundaries of. __ 73 WATER PIPES— See Ordinances Nos. 273 and 290 471 516 WATER- Turning on person or premises 336 Pollution of : clause 5 268 See Ordinance No. 273 471 477 WATER WORKS -See Ordinance No. 273 471 477 WAX FIGURES-License of 242 WIRE WALKING License of 242 WINE ROOMS Lewd women prohibited in 320 WOMEN- Not to frequent wine rooms, etc- . . 320 Loitering on streets forbidden 322 Street walkers forbidden 1 309 Keeping women for fornication 307 CITY OFFICIALS— 1903-1904 CITY OF CARBONDALE 249 General Index to Special Ordinances. ORDINANGE 148- Electric Light Franchise to R. D. Bradberry 426 438 ORDINANCE 253 Contract for Street Lighting 439 442 ORDINANCE 206- Permit to Standard Oil Company 443 444 ORDINANCE 199- Telephone Franchise to C. Lee Downey 445 453 ORDINANCE 301- Dram Shop License 454 466 ORDINANCE 311 — Prohibiting sale of Intoxicating Liquors on Sunday 467 470 ORDINANCE 273- Water Works Franchise 471 477 ORDINANCE 290- Relatingto Sewers, Plumbing and Drains 478 516 ORDINANCE 229- Relating to Loitering on Streets 517 518 ORDINANCE 293- Weights and Measures 519 516 ORDINANCE 298- Sputum Ordinance 527 528 ORDINANCE 295- Granting Telephone Franchise to Elkville Company 529 536 ORDINANCE 296- Granting Telephone Franchise to Carbondale Company 537 544 ORDINANCE 220- Regulating Construction of Privies 545 546 ORDINANCE 247- Granting Franchise to H. C. Curtis and Others 547 550 ORDINANCE 303 - Authorizing the Issue of Bonds 551 558 ORDINANCE 312- Relating to Sale of Revised Ordinances 559 562 CERTIFICATE OF THE CITY CLERK (Page) 227 ERRATA. In the first line of section 59, Chapter III, the words, “skating rink” should be omitted. To section 72, Chapter V, should be added the following: To the boundaries of the city as outlined in section 72 should be added Outlot No. 162. In the second and third lines of section 135, Chap- ter* VIII, the numbers “17, 18 and 19” should read 30, 31 and 32 respectively. Section 158, Chapter X, should read as follows: The municipal year of the City of Carbondale should commence on the first Tuesday of May of each year and should be construed to include the period elapsing between the regular annual installations of officers. In the fifth line of section 160, Chapter XI, the figures $3.00 should read ten dollars ($10.00). To section 189, Chapter XIII, should be added the following: And he shall also receive the following fees: For issuing saloon license, one dollar; for drug- gist permit, one dollar; for all other licenses, fifty cents; for burial permit, fifty cents; for cemetery deed, fifty cents; for taking and filing bond, fifty cents; for all of- ficial certificates, fifty cents; for administering oaths, fifty cents. In the eighth line of section 226, the words “one thousand” should read five hundred.